Through its long history, Buddhist monasteries have developed a system for settling disputes; it is a system that is based on understanding and mindfulness. The following are the steps to that system:
Face to Face Sitting : The assembly of monks gathers, while the two disputing individuals sit face to face. Everyone practices mindfulness and meditation, for achieving a peaceful resolution is expected.
The assembly meditates to maintain a peaceful atmosphere throughout this process. Like a jury, the assembly considers only the information presented to it during the process.
The next stage is Remembrance, where by each of the disputing individuals recall the history of the dispute.
This stage allows both individuals to vent, and it provides the assembly an opportunity to understand the perceptions of the two parties, as they listen patiently.
The third stage is called Non-Stubbornness; the assembly expects the disputing parties to strive for reconciliation, by making efforts to demonstrate understanding and acceptance, each individual taking personal responsibility for his or her role in the dispute.
The fourth stage is Covering Mud with Straw. This term comes for the practice of laying down straw after a rain to minimize the impact of mud. During this stage, a head monk is assigned to each of the disputing parties.
It is the job of the head monk to address the assembly, and to address the opposing individual, for the purpose of relieving his or her tensions or emotions.
It would be like a defense layer working to relieve the tension felt by the plaintiff, while the prosecutor works to relieve the tension felt by the defendant.
Because of their high stature, the words of the head monk are taken seriously.
Voluntary Confession is the fifth stage, where by each of the disputing individuals admits to their short comings.
Decision by Consensus is the final stage. The assembly meditates on the matter then announces their verdict. The disputing individuals agree to abide by the verdict.
There is much pressure on the individuals to follow through the verdict as the wellbeing of the community takes priority over the individual.
The Buddhist system for resolving disputes is a sharp contrast to the American system. Where the American justice system is an adversarial system, the Buddhist system is based on mindfulness and peace.
While the focus of American system is on the outcome of the case, the Buddhist system is based on a maintaining a process that is based on understanding and acceptance.
Adapted from Being Peace by Thich Nhat Hanh.
Author : Andrew Silver
Source : http://www.examiner.com/
