Comparing the East Timorese

Practice of Nahe Biti with the

LEADR Mediation Model

Rebecca Carroll-Bell

RCB Mediation Services

Sam Carroll-Bell

Globalism Research Centre, RMIT University

Presentation Outline

1. Social Context of Nahe Biti

2. Philosophical Underpinnings of Nahe Biti

3. Procedural Acts and Mechanisms

4. Mediation in the Australian Context

5. The LEADR Model

6. Comparing Notes

Timor-Leste

Social Context

An Uma Lulik (Sacred House) in

Lospalos stands alongside a

‘community mediation centre’ or

sacred meeting place.

Photo: J. Patrick Fischer

24 June 2002

Patterns of Social Integration

Customary

Traditional Modern

Organization

Kinship / Genealogy

Co-existence of living,

ancestral and natural worlds

Institution

Common cosmology /

Connection to physical world

Merit

Secular, scientific, rational.

Communication

Face-to-face Relations

Exclusive oral language

Emergence of print /

Codification of language

Shift to digital printing and

other electronic forms

Production

Hunter / Gatherer

Move to manipulate nature /

Emergence of trade routes.

Shift to formal industrial

modes and markets.

Exchange

Barter / Reciprocal

Physical currency Digital transfer

Ontological Formations

Adapted from P. James (1996, 2006, 2012) and D. Grenfell (2008 and 2012)

Philosophical Underpinnings

Bringing people together

on the big mat

Photo: RDTL Secretary of

State for Arts and Culture

2 August 2013

Philosophical Underpinnings

Hun and Rohan:

Linking the past (Hun)

and the future (Rohan)

through consensus.

Picture: Madison Murphey

Procedural Acts and Mechanisms

Aggrieved parties approach Lia Na’in

Lia Ni’an calls for Nahe Biti

Selection of Heda (Palm leaves) and weaving of Biti*

Reception of aggrieved parties

Opening statements

Discussing origins and future – Rohan and Hun

Exploring Issues

Establishing consensus*

Oath of Loyalty*

Closing Statement*

Symbolic act(s) of reconciliation / contrition

Selection of Heda - Weaving of Biti

A Biti Boot

(Large Mat)

Photo: Elfonso Vinte Tres

13 August 2010

Establishing Consensus

For the East Timorese, consensus is merely a process that must take

place in order to move from hun to rohan: to re-establish balance

and harmony, and to ensure future unfolds as it was meant to be.

Lia Ni’an (Spiritual Leader)

and Liarui (Political Leader)

oversee a Nahe Biti in

Viqueque

Photo: Matthew Crook

4 March 2009

Oath of Loyalty

A blood oath is taken and a

sacrifice is offered in front

of the Uma Lulik at Atabae

Photo: RDTL Secretary of State

for Arts and Culture

2 August 2013

Nahe Biti Closing Statement

‘Saida mak ladiak haluha tiha ka monu hela iha ne’e,

labele louri ba liur.

Maibe buat nebe mak diak lori ba hodi fo hatene ba,

no hanourin, oan sira.’

Translation:

What is bad should be forgotten,

and should not be taken home with you.

However, you may take the good things to tell,

and to teach, your children.

Mediation in the Australian Context

Customary

Traditional Modern

Organization

Kinship / Genealogy

Co-existence of living,

ancestral and natural worlds

Institution

Common cosmology /

Connection to physical world

Merit

Secular, scientific, rational.

Communication

Face-to-face Relations

Exclusive oral language

Emergence of print /

Codification of language

Shift to digital printing and

other electronic forms

Production

Hunter / Gatherer

Move to manipulate nature /

Emergence of trade routes.

Shift to formal industrial

modes and markets.

Exchange

Barter / Reciprocal

Physical currency Digital transfer

Mediation in the Australian Context

The Mediator Standards Board (MSB) is the central Australian

entity responsible for the development of the National

Mediator Practice Standards (‘the Practice Standards’) and

the implementation of the National Mediator Accreditation

Systems.

The Practice Standards describe the mediator’s role as to

“assist two or more participants to manage, settle or resolve

disputes or to form a future plan of action through a process

of mediation.”

The LEADR model

Established in 1988, LEADR is a not-for-profit organisation

providing training, accreditation and support to mediators

and other ADR practitioners.

The LEADR model of mediation provides a framework for the

mediation process, which retains flexibility and can be

adapted to suits the parties to and circumstances of the

dispute.

The LEADR Model

Comparing Notes

Briefly, we will now compare a few of the Practice Standards

to the process of Nahe Biti.

Confidentiality (Practice Standard Part 6)

Procedural Fairness (Practice Standard Part 9)

Power Issues (Practice Standard Part 4)

Impartial and Ethical Practice (Practice Standard Part 5)

Confidentiality

Parties to mediation are encouraged to have full and frank

discussions without fear that those discussions can later be

used as evidence in court proceedings (Sourdin 2012).

“[T]he mediation process was intended to facilitate settlements

between parties, not provide them with another battleground”

Rajski v Tectran Corporation Ltd [2003] NSWSC 476 per

Palmer J

Confidentiality

Nahe biti is an open process,

witnessed by the entire

community.

The reception of the parties

is a formal, public

ceremony.

Procedural Fairness

“A Mediator will conduct the mediation process in a

procedurally fair manner.”

What is meant by ‘procedural fairness’?

Dr Patricia Marshall’s 4 criteria

Forming the biti provides procedural fairness or at least

transparency and consensus around procedures

Power Issues

“Mediators shall have completed training that assists them

to recognise power imbalance and issues relating to

control and intimidation and take appropriate steps to

manage the mediation process accordingly.”

Family Dispute Resolution

Commercial and civil dispute resolution

Lian Na’in managing the dispute resolution process

Impartial and Ethical Practice

“A mediator must conduct the dispute resolution process

in an impartial manner and adhere to ethical standards of

practice”

What is meant by ‘impartial’? Is it always culturally

appropriate?

A LEADR mediator must conduct the mediation in a

manner that is free from favouritism or bias, and is

bound by existing ethical standards applicable to their

area of practice.

Can a Lian Ni’an remain impartial?

Conclusion: Transformative Processes

Over to you

Questions?

Observations?

Contact

Sam Carroll-Bell

Globalism Research Centre

RMIT University

Phone: 03 9925 1921

Email: sam.carroll-bell@rmit.edu.au

Rebecca Carroll-Bell

RCB Mediation Services

Phone: 0411 770 125

Email: rcbmediator@gmail.com