Case Study: Restorative Justice Dialogue on Copyright Infringement, Positionality and Racial Tensions In the Workplace
Note: The names of people and organizations in this case study have been changed to protect confidentiality.
Cartoon by: Mike Luckovich GOCOMICS.COM
We’ve all heard the phrase, “I smell a rat” to indicate some injustice is present, such as white supremacy is pervasive.
This week Alexandria admits, “Sometimes I smell a rat, even when the rat is not there.”
We sat in a beautiful community space with high ceilings and big windows. I had made split pea soup, which would end up being the best part of the conversation—see recipe below. Carlos got up to grab one more snack saying excitedly: “This is better than Netflix.” It was nearing the beginning of the alternative dispute resolution session via restorative justice, and he was giddy about what felt like the T (gossip). Little did he know, it was anything but gossip time.
The Incident
Party 1, composed of Katie and Deanne, were at odds with Party 2, Carlos and Alexandria, over the copyright infringement of a pamphlet developed during their work contract.
We can start the conversation about white privilege here.
Party 1 + 2 had been hired by Party 3, a government entity, to support the community with environmental justice and equitable engagement services. Party 1 was more experienced with the technical components, while Party 2 was more culturally competent with communities of color and outreach.
Party 1 had a pamphlet of services and product descriptions. Party 2 said that the pamphlet needed to be translated into Spanish to be culturally competent. Party 1 took a first pass at translating it. As native Spanish speakers, Party 2 took a second pass at it to make it sound more natural. Party 1 put their label on the final product, sent it back to Party 2, and said, “this pamphlet can only be used for the particular project we are working on.” He highlighted that the primary impact of this conflict was their loss of effectiveness in building collaboration to address the growing needs of the City.
Party 2 responded with accusations that Party 1 was displaying white supremacy for copyrighting the pamphlet. Why couldn’t the pamphlet be open source for all to use? As a smaller organization, Alexandria was flabbergasted as to how Deanne could think this was appropriate. She believed that people of color would not do this.
Party 3 called Restorative Justice Practice to support alternative dispute resolution via restorative justice.
Positionality and Tensions
Party 3 admitted that they, as the organizing entity, could have taken more proactive measures to build relationships between Party 1 + Party 2 because Party 3 had seen the dispute coming. Each group, coming from their unique positionality, felt territorial of their work and community relationships now needing to be shared in a partnership. Parties 1 + 2 did not know the metrics that were used to hire each group and had skepticism about the outcome. Party 3 had put Party 1 + 2 together as strangers and assumed things would work out. We are all professional adults, Party 3 thought. From the get-go, tensions mounted over:
Territorialism – who was managing which neighborhood?
Finances – would each party maintain good standing with shared vendors?
Trust – was each contracted party competent to do the work?
Once the levy broke with the pamphlet, Deanne with Party 1 and Alexandria with Party 2 were the primary participants in conflict.
Katie was protective of Deanne, knowing the integrity and intention of her work. Carlos was protective of Alexandria, being her husband and partner in business.
Deanne was taking responsibility for being too transactional with the pamphlet. Alexandria was holding steady that she said what she meant and thought Deanne needed to do serious work to get over her white supremacy. White supremacy is defined as: a personal, interpersonal, institutional or ideological belief that a group has dominion over another group and is justified unconsciously or conciously because of the color of skin or the culture they belong to being superior to others.
Restorative Justice Process
Opening the Space
As the alternative dispute resolution process, restorative justice began participants were asked to introduce a small handheld object that represented their intentions for the dialogue process. Everyone became emotional. The vulnerability of shares took the conversation from head to heart.
When it came to be Deanne and Alexandria’s turn to speak, Alexandria was clearly emotional. She spoke of how protective she was because of seeing her people constantly getting trampled over and marginalized. She spoke about how her family always taught her to stick up for herself and now how she sees restorative justice would help her family heal.
Alexandria turned towards Deanne and said:
“I’m sorry. I thought I smelled a rat, but you are not a rat. I smelled a rat, but the rat was not there.”
Deanne indicated that from her upbringing she was always taught to be skeptical. She realized that her feelings and sensitivities were often diminished in preference of “being a good girl” who performs well in school and sports. Carlos chimed in, reiterating that it was such a privilege to be able to work on this type of project, and that the team should not lose perspective of that in personal issues. Where he came from, people would kill to have jobs like the one they were working on. He took responsibility for being too hands-off and aloof during the conflict. He highlighted that the primary impact of this conflict was their loss of effectiveness in building collaboration to address the growing needs of the City.
Before the group ended, as if a rubber band snapped back, unconscious skepticism resurfaced: “Yea but—she didn’t… and I think he was being manipulative...” These side comments were made to the mediator on a break as if the group had not just felt intimate connection and vulnerability.
Regardless, the group enjoyed the homemade split pea soup and made independent statements. The statements outlined each group’s commitment around:
Communication
Relationship building
Conflict resolution in the future
The remark about the rat from Alexandria is indicative of a trauma/stress response—where someone is triggered by something that reminds them of a previous trauma/stress, even if it is not the actual trigger. There is a felt sense of danger without there being a real danger. Nonetheless, affirmation and acknowledgement of the feelings are necessary to help them subside.
Reflections and Analysis
Trauma and Triggers
Alexandria’s ability to name this dynamic is crucial for communities of color working to advance equity, begging the question: Can we receive what we are fighting for? If it came and hit us in the face, would we be able to hold it?
Vulnerability and Humanity
Deanne’s ability to humbly disclose her hyper-skepticism stemming from childhood created an inlet for her to be seen in her humanity.
The immediate “vulnerability whiplash” that brought folks back into their defenses after intimate sharing is natural when we are most rehearsed in the norms of dominant culture’s workplace norms—where we are taught to check our personal biographies at the door, be “professional”, and be competitive.
Restorative Justice Lessons
The restorative justice process offered an opportunity for professionals of unique positionalities to hear from one another about why they did what they did.
A first-person testimony of what motivated a person’s actions is one of the most meaningful and satisfying components of a restorative justice process. People typically want to close the loop. Understanding why helps us do that.
Closing Questions
“What would the world look like if instead of looking first to the outside world for our problems and solutions, we looked within?” - Eric Lee
“What if when we’re triggered we first ask ourselves, “Why does that trigger me?” instead of immediately reacting with demands to obliterate the trigger?” - Eric Lee
What is the rat in your world? What kind of workplaces would we have if we made peace with the rat?
Restorative Justice has the capacity to serve as an alternative dispute resolution for a variety of conflicts—including copyright infringement, employment law, and civil rights claims.
Ready to restore your world?
Take it from a participant testifying, “I had no idea how much this was about me.”
Parsley, Sage, Rosemary, and Thyme Split Pea Soup
(Optional: topped with crispy bacon and served with crusty sourdough loaf, butter, and cheese)
Ingredients
2 cups dried split peas, soaked overnight
2 to 3 tablespoons butter, ghee, or grapeseed oil
1 large onion, diced
4 cloves garlic, minced
3 stalks celery, diced
2 carrots, diced
1 large russet potato, quartered and sliced
3 tablespoons fresh rosemary leaves, minced, or 2 tablespoons dried rosemary
1 sprig fresh sage, crushed
2 teaspoons fresh thyme leaves, minced, or 1 teaspoon dried thyme
8 cups vegetable stock or chicken stock, warmed
2 tablespoons fresh parsley, minced
Sea salt and white pepper, to taste
Optional garnish: 4–6 slices cooked turkey or pork bacon, crumbled
Instructions
Prepare the split peas:
Drain and rinse the soaked split peas. Set aside.Sauté the aromatics:
In a large soup pot or Dutch oven, heat the butter, ghee, or oil over medium heat. Add onion, garlic, celery, and carrots. Sauté for 6–8 minutes, until softened and fragrant.Add vegetables and herbs:
Stir in the potato, rosemary, sage, and thyme. Cook for another 2–3 minutes to release the herb flavors.Simmer the soup:
Add the split peas and warmed stock. Bring to a boil, then reduce heat to low. Cover and simmer for 60–75 minutes, stirring occasionally, until peas are soft and soup is thickened. (If using a pressure cooker, cook for about 30 minutes at high pressure, then natural release.)Finish and season:
Stir in fresh parsley. Season generously with sea salt and white pepper to taste.Optional bacon topping:
While the soup is simmering, cook bacon in a skillet until crisp. Drain on paper towels and crumble. Sprinkle on top of each bowl just before serving.Serve:
Ladle into bowls and serve hot with slices of crusty sourdough loaf, spread with butter, and accompanied by your favorite cheese.
