MPR’s Stephen Smith reports on a mediation program focused specifically for Native Americans in Minnesota. The mediation panel consists of twelve 11 Elders trained to assist with courtroom alternative. Several local Indian organizations banded together to create the council.
STEPHEN SMITH: The mediation system is designed to solve family disputes, nonviolent crimes, and especially to handle legal problems involving minors. There is a council of 11 elders trained and ready to help. A number of local Indian organizations banded together to create the council. Clyde Bellecourt of the American Indian Movement says the mediation project has been needed in Minneapolis for a long time.
CLYDE BELLECOURT: I mean, you go down to juvenile court any day of the week and you got to sit there for hours to wait for a case to be processed. And once the child case does go into court, I mean, they're almost like parading cattle through the court system, 14, 15 minutes a case and they're so backed up. And probably 90% of these children that go through the juvenile court system end up back on the streets anyway.
SPEAKER: All rise. This honorable court is now convened pursuant to adjournment. Judge Mary Winter presiding.
STEPHEN SMITH: Mediation supporters say the bureaucratic frigidity of the court system prevents many Indian people from talking about real solutions to problems. The court is a battleground, not a place to find common ground. Kevin Burke is incoming chief judge of the Hennepin County court.
KEVIN BURKE: A courtroom is, by definition, a high stress place. It's high stress for lawyers. So if it's high stress for a lawyer and a judge, think about it for somebody who isn't experienced at dealing with communication at that level.
STEPHEN SMITH: Native Americans make up about 1% of Minnesota's population, but occupy more than 8% of the prison space. That number is even higher for juveniles. So many Native American families have experienced the court system. Mediation Council member Rose Scott of Minneapolis believes that as a Chippewa elder, she can create a more comfortable, more human, and more Indian atmosphere than a courtroom.
ROSE SCOTT: You can get yourself settled in and then you're relaxed. And then when you get to talking about what's happening, it seems like after people come out of that, they're kind of relaxed to the fact that we did settle this out of court.
STEPHEN SMITH: To make talking easier, some mediators will use traditional Indian healing practices like the burning of sage or smoking a sacred pipe. Cultural subtleties, like Indian humor, can also reduce tension. Clyde Bellecourt says the Council of Sioux and Chippewa elders will help Indian people solve their own problems.
CLYDE BELLECOURT: Definitely most of the people that are on the mediation panel are familiar with those healing processes and know that they work-- know that they've been successful. Some of our elders have had those type of problems themselves when they were children. So we're drawing on vast experience here.
STEPHEN SMITH: For the mediation to work, both parties agreed to abide by the council's decision. Some cases are referred to mediation by the courts. One or two elders will typically handle a case. The service is free and confidential. It's supported by money from a state grant. Laura Waterman Wittstock, one of the organizers of the Minneapolis program and the president of Migizi communications, says that Native Americans traditionally relied on elders.
LAURA WATERMAN WITTSTOCK: Who in days gone by represented wisdom and represented authority? The system has in some ways taken that away from the community. So designing an elders council is to restore a previous place and a group to which individuals can come and get their problems solved.
STEPHEN SMITH: There is no shortage of problems outside the Indian community already demanding court attention. Nearly 2 million cases were filed in Minnesota last year, excluding parking tickets. Judge Kevin Burke says there are other ethnic groups trying to settle their own legal problems.
KEVIN BURKE: But I think on balance, it's something new and it's also, I think, fulfilling a need that the system of justice in the state has. So I think it's something we ought to encourage.
STEPHEN SMITH: The Elders Mediation Program has been around for a year, but so far it's handled only a few cases. Organizers say it will take more time to advertise the service and to encourage confidence among Indian people in Minneapolis that mediation by elders will work. I'm Stephen Smith, Minnesota Public Radio.
In 2008, Minnesota's voters passed the Clean Water, Land and Legacy Amendment to the Minnesota Constitution: to protect drinking water sources; to protect, enhance, and restore wetlands, prairies, forests, and fish, game, and wildlife habitat; to preserve arts and cultural heritage; to support parks and trails; and to protect, enhance, and restore lakes, rivers, streams, and groundwater.
Efforts to digitize this initial assortment of thousands of historical audio material was made possible through the Minnesota Legacy Amendment’s Arts and Cultural Heritage Fund. A wide range of Minnesota subject matter is represented within this collection.
Views and opinions expressed in the content do not represent the opinions of APMG. APMG is not responsible for objectionable content and language represented on the site. Please use the "Contact Us" button if you'd like to report a piece of content. Thank you.
Transcriptions provided are machine generated, and while APMG makes the best effort for accuracy, mistakes will happen. Please excuse these errors and use the "Contact Us" button if you'd like to report an error. Thank you.