I recently chaperoned a 6th grade field trip to the Minnesota State Capitol. On the ceiling of the Supreme Court are four paintings, each representing an aspect of law: Moses, Confucius, Socrates, and Count Raymond of Toulouse. Raymond's painting is entitled "The Adjustment of Conflicting Interests" (1903).
The scene is of Raymond standing before the papal legate in 1208. Raymond argued successfully for city freedoms, extended exemptions from taxation, and protection of the communal territory from the church. As the title suggests, Raymond acted as a mediator. He wore a sword. He did not draw it. But the sword is clearly visible.
In a forthcoming article in the Cardozo Journal of Conflict Resolution, I argue that healthcare ethics committees are like Raymond. They typically mediate disputes and facilitate communication. But state governments have been giving healthcare ethics committees increasing power (swords).
Like Raymond, even when the ethics committee's "sword" is not drawn, the parties can still clearly see it. The result: the dispute resolution of healthcare ethics committees often looks more like adjudication than mediation.
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