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Conference Schedule



 

Thursday, October 25, 2007


7:00 a.m. - 8:00 a.m. Yoga and Meditation
Lili Zohar, Denver, CO
7:45 a.m. - 8:45 a.m. New Member Breakfast
9:00 a.m. - 10:30 a.m. Conference Plenary
Keynote Address

"The Art of No: How to Say No and Still Get to Yes"
William Ury
10:30 a.m. - 11:00 a.m. Break
11:00 a.m. - 12:30 p.m. Workshop Series I
1.01

Navigating Conflict: A Guide to Workplace Assessments and Interventions
David Falk, Winnipeg, MB, Canada
Janet Schmidt, Winnipeg, MB, Canada

Explore the application of principles of navigation to the process of conducting conflict assessments and interventions. This fusion of the disciplines of organizational development and mediation offers an ideal session for leaders and mediators alike. Inspired by personal leadership and mediation stories, participants will learn to use several assessment and intervention tools that help groups get unstuck.

1.02 Power Imbalances in Mediation: How Do We Maximize Each Party's Ability to Negotiate Without Compromising Our Impartiality?
Nina Meierding, Ventura, CA

A thorough knowledge of the dynamics of power, its sources and origins, and its effect on negotiations is essential for the effective mediator. Learn how to assess power distances and imbalances, as well as how to help maximize each party's capabilities without compromising our neutrality as mediators. This interactive workshop explores specific strategies tailored to different sources of power, and discusses if and when we risk crossing the line as neutrals.
1.03 Developing an ADR Program for Your Organization: Planning and Problem Solving
Comel Belin, Tucson, AZ
Floyd Weatherspoon, Columbus, OH

Administrators, program managers, and project managers who intend to develop an internal ADR system for their organization will gain valuable insights, answers, and solutions in this workshop. It will include a brief overview of organizational systems, functions, and relationships and will provide attendees with tools necessary to develop a proposal for an internal mediation program.
1.04 Ombudsman as an Agent of Integrity: Influencing Public Values and Citizenship
Linda Coughenour, Phoenix, AZ
Joanne MacDonnell, Phoenix, AZ
David McNabb, Toronto, ON, Canada
Bernard Thompson, Gaithersburg, MD

Integrity conditions fairness and good governance in our host institutions. Join us for a discussion of ombudsman practice and how it influences and models integrity through casework, systemic recommendations, and outreach. Attendees will gain practical understandings of ombudsman work in US and state governments, private companies, and educational institutions.
1.05 Enhancing Your Practice With ADR History
Jerome Barrett, Falls Church, VA

ADR history extends from 1800 BC, yet most ADR practitioners are so caught-up in their own practice that they ignore it. This lack of connection to ADR history is detrimental to our profession and to practitioners. In any ADR activity, ADR history can provide a relevant reference, a dramatic distraction, or a short story to avoid an awkward moment or allow the practitioner time to think. This session will help ADR practitioners use history.
1.06 Co-mediation and Multi-mediation
Steve Critchley, Calgary, AB, Canada
Debra Dupree, San Diego, CA
Nancy Love, Calgary, AB, Canada

Co-mediation is often regarded simply as a training tool to provide developing mediators with experience, coaching, and feedback. However, co-mediation (and multi-mediation) is far more than a teaching tool, and it is not as simple as it might seem. Co-mediation requires extraordinary team-working, flexibility, and collaboration. Observe a live co-mediation role-play and learn how to navigate the process effectively.
1.07 How Does the Equality Tribunals' Mediation Service in Ireland Compare With Other Mediation Services Worldwide?
Melanie Pine, Dublin, Ireland

The Equality Tribunal in Dublin, Ireland deals with complaints of alleged discrimination
under equality legislation in employment or in the provision of goods and services (shops, banks, insurance, etc.). In 2005, research was undertaken to compare the user satisfaction ratings achieved by the Equality Tribunal's Mediation Service with those achieved by other mediation organizations worldwide. This presentation provides a description of the research and a commentary on the results achieved.
1.08 Fateful Questions: The Power of Inquiry to Shape Mediation
David Joseph, Watertown, MA
Robert Stains, Watertown, MA

In a mediation, as elsewhere, questions can have a profound effect on shaping subsequent conversations. Questions can convey assumptions, instructions, criticism or affirmation and elicit fear, interest, connection or aggression. Any of these reactions will profoundly affect the process and outcome of a mediation. This workshop introduces participants to an approach to inquiry that has been refined by the Public Conversations Project since 1989 and is used by the presenters in their mediation practice.
1.09 Tribal Mediation and Negotiation Processes: A Navajo Nation Case Study
Southwestern Dispute Resolution Series
Dexter Albert, Flagstaff, AZ
Susan Springer, Wimberley, TX

Mediation processes and tribal culture can successfully co-exist. In this interactive session, the presenters will draw upon their experience in the Navajo Nation and throughout the Southwest to explain culturally sensitive tactics for successful conflict resolution. Participants will leave with practical, hands-on ideas and suggestions about how to work with Native American and rural communities, while adhering to alternative dispute resolution principles.
1.10 Conflict Is for the Birds: Taking Conflict Management Styles from Theory to Practice
Gayle Wiebe Oudeh, Ottawa, ON, Canada
Nabil Oudeh, Ottawa, ON, Canada

Why do some disputants seem unable to resolve their differences while others appear to find a solution even before the conflict really starts? Conflict management styles can cause significant roadblocks to the resolution process or provide opportunities for agreement. The mediator's preferred conflict management style can also influence the process. Join us for a fun and interactive session exploring how conflict management styles can inform and impact our practice as conflict resolution trainers and practitioners.
1.11 Restorative Discipline in Schools
Kathy Elton, Salt Lake City, UT

Explore student-community discipline and community life models outlining a restorative discipline approach to promoting responsible behavior among students and leadership in schools. These models will be contrasted with current models of discipline in schools that often focus on punishment rather than accountability and needs. Benefits of a whole school approach, and the use of the principles and values of restorative justice to build strong communities of support and learning within our schools, will be discussed.
1.12 Tax Considerations for Divorce Mediators
Rebecca Magruder, St. Charles, MO

While a family mediator does not need to be an IRS expert, it is helpful to clients if the mediator has a working knowledge of basic tax information related to property division, spousal support, child support, and custody. This allows the mediator to ask the right questions and to engage the clients in a thorough exploration of options available to them and the consequences of their decisions. This workshop presents basic tax information necessary in many family mediations in a straightforward format that will make it easy for mediators to remember the right questions to ask.
1.13 Parenting Coordination: Part of a Dream Team or Clients' Worst Nightmare
Allan Barsky, Fort Lauderdale, FL

Parenting coordination is a hybrid method of conflict resolution designed specifically for parents involved in high conflict divorces. Explore the promise of parenting coordination in helping families, as well as the potential pitfalls of this emerging profession. By analyzing case studies, this workshop will help participants gain a better understanding of parenting coordination from the perspectives of professionals, parents, and children.
1.14 Curing Conflict: One Medical Center's Journey Toward Healthy Communication and Conflict Management
Ariel Avgar, Ithaca, NY
Debra Gerardi, Half Moon Bay, CA
Laurie Patterson, Akron, OH
Arthur Pearlstein, Omaha, NE

Health care organizations have been struggling for years to respond to overwhelming organizational pressures that greatly stress day-to-day interactions and test traditional conflict resolution processes. This interactive session will highlight the challenges and contributions of Akron General Medical Center's two year old AGREE program, their Professional-in-Residence program, and innovative research into the impact of the type of conflict and conflict resolution models on the creation of social capital among health care professionals.
1.15 Accessing Our Inner Awareness and Intentions to Improve Conflict Resolution Practice: The Practical Role of Inner Work
Mini-Plenary

Kenneth Cloke, Santa Monica, CA
Louise Senft Phipps, Baltimore, MD
Leonard Riskin, Gainesville, FL
Rachel Wohl, Annapolis, MD

The ADR field is evolving, but what about ADR practitioners' personal evolutions? Come listen to leaders in the field share stories about their varied personal paths, and how the inner qualities they are continually developing make practical differences in their work. This will not be an abstract discussion; we will talk about real experiences and real conflicts. Bring your questions and your own stories to share.
1.16 Boundaries and Responsibilities for Interveners in Katrina and Other Large Scale Environmental and Public Policy Conflicts
Public Intense Conflicts Series

Mencer Donahue Edwards, Washington, DC
Kirk Emerson, Tucson, AZ

Explore specific dilemmas that have arisen out of intervention work in large scale environmental and public policy conflicts. Practitioners will share experiences and discuss ethical challenges as well as implications for the development of new principles, policies, and practices for our field. Presenters and practitioners will explore policy and practice implications at the time of the event and over time, the role of the intervener in relation to failed governmental responses, and neutrality and impartiality in relation to large scale human and environmental tragedies.
1.17 Venting: Its Role in Mediation
Alan Gross, New York, NY
Gene Johnson, New York, NY

Many mediators believe that venting or strong emotional expression is an important component of the mediation process. Even among practitioners who believe that venting is essential, opinions differ on when venting should be encouraged, if or when it can be counterproductive, and how it can be structured. This workshop will review theory and data related to venting and demonstrate strategies aimed at a balanced approach designed to avoid both emotional ranting and suppression.
1.18 What's In a Word: Let's Not Confuse Facilitation with Mediation
Janice Fleischer, Miami, FL

Do mediation and facilitation differ? Yes, they do! Participants will explore the differences in mediation and facilitation, and discuss ways to protect consumers and preserve the integrity of diverse ADR processes.
1.19 Pop Goes the Training: Effective Use of Popular Culture in Mediation Training
Elena Bayrock, New York, NY
Lisa Cohen, Brooklyn, NY
Brad Heckman, New York, NY

Using popular culture--clips from films, television shows, websites, and current events--can be an extremely powerful training tool when properly set up, contextualized, and debriefed. Highlighting the Safe Horizon Mediation Program's use of popular culture in mediation trainings and outreach presentations, this workshop will demonstrate, with clips and other examples, how to bring popular culture to your mediation program.
1.20 Applying Neurobiology Research to ADR
Neurobiology Series

Gregory Jones, Atlanta, GA
Douglas Yarn, Atlanta, GA

This session provides a framework for the neurobiology workshops and discussions that follow. An overview of relevant biological research, including material from evolutionary theory, ethnology, and neuroscience, in the context of the primary psychological mechanisms involved in conflict and its resolution will be provided. The presenters, who conduct the Nexus Project under a grant from the Hewlett Foundation, will unveil the Nexus website and the research resources it contains.
1.21 * Mediación en el tema de la construcción
Mediation in the Construction Field

María Cristina Cavalli, Buenos Aires, Argentina
Moira Mahon, Buenos Aires, Argentina
María de Carmen Muñoz, Buenos Aires, Argentina

La formación de profesionales en medición afines al área de construcción y el trabajar con ellos en una mesa de negociación, nos ha permitido llevar a la práctica resultados positivos con acuerdos más perdurables y factibles de cumplimiento con la Mediación Evaluativa. ¿Por qué la Mediación Evaluativa? Los resultados y las experiencias obtenidas que serán volcadas en este taller, lo mismo que las similitudes y diferencias con el Fact Based Mediation.

The formation of compatible mediation professionals in the field of construction and the opportunity to work together at a negotiating table, has allowed us to achieve positive results, realize more feasible and lasting agreements, and fulfill the practice of Evaluative Mediation. Why Evaluative Mediation? The results obtained and our experiences will be detailed in this workshop, as well as the similarities and differences with Fact Based Mediation.
1.22 Getting Down to e-Business: Using ODR Mechanisms to
Expedite the Resolution Process

Charles Brofman, White Plains, NY

In many disputes, a series of hurdles whether they be time, distance, or interpersonal, can impede the dispute resolution process and stretch out the time it takes for all parties involved to reach a resolution. This workshop discusses not only how on-line dispute resolution (ODR) mechanisms expedite the dispute resolution process, but also how practitioners can use such mechanisms to manage a larger case load in a shorter period of time.
12:30 p.m. - 2:00 p.m. Lunch (On your own)
Events During Lunch Break
12:30 p.m. - 2:00 p.m. Higher Education Luncheon
(Advance reservation required)
12:45 p.m. - 1:45 p.m. Getting Your Family and Divorced Mediation Training Approved
12:45 p.m. - 1:45 p.m. Becoming a Family Section Advanced Practitioner
12:45 p.m. - 1:45 p.m. Ombudsman Section Meeting
12:45 p.m. - 1:45 p.m. Town Hall Forum with ACR Board of Directors: Charting the Future of ACR
Ray Lanier, Washington, DC
Marilyn McKnight, Minneapolis, MN
12:45 p.m. - 1:45 p.m. How to Develop and Maintain a Thriving ACR Chapter
Nathelia Davenport-Weston, Atlanta, GA
Tara Fishler, Scarsdale, NY
Lou Gieszl, Annapolis, MD
2:00 p.m. - 3:30 p.m. Workshop Series II
2.01 Conflict Coaching Feedback Guide
Susan Brecher, White Plains, NY

A key to achieving resolution of disputes at the lowest level possible is providing employees and managers with skills for conducting conversations about issues and problems. A communications feedback guide provided to employees, which can also be used in educational and family disputes, for discussing an issue that is causing conflict will be demonstrated. This workshop will include teaching coaches ways to prepare employees to use the tool effectively.
2.02 They Said What!
Lisa Salkovitz Kohn, Chicago, IL
Harvey Nathan, Chicago, IL

Recent judicial decisions significantly affect the rights of parties and neutrals. This workshop, led by a panel of experienced arbitrators and mediators, focuses on the practical implications of these developments, and invites participants to consider and discuss the impact on their own practices and techniques. Topics may include confidentiality, disclosure, ethics, enforcement of settlement agreements and arbitration agreements, the role of panel providers, the scope of arbitral authority, and judicial review of awards.
2.03 Mediating Mindlessly: Exercises for Suspending Judgment and Accessing Intuition
Debra Gerardi, Half Moon Bay, CA

As practitioners it is important that we are aware of when we are moving toward judgment and away from openness in order to avoid traps and narrowing of possibilities for guiding the process forward. Developing capacity for suspending judgment, surfacing assumptions, and engaging intuitively are essential skills for improving our effectiveness. Incorporating exercises from improvisation, theater, and meditation, this session provides opportunity for participants to focus on perceiving, recognize blocks, and expand intuitive engagement.
2.04 The Ombudsman as a Catalyst for Cultural Change
Claudia D'Albini, Tucson, AZ
Michael Mills, Portland, OR
Patrick Shannahan, Phoenix, AZ

A cross section of professional ombudsman, from a variety of institutions and models, describe how ombudsman oversight can both address individual grievances, often from those who are underrepresented, and also be the catalyst for cultural change within institutions. The interactive session will provide participants with an understanding of how different models can be effective in the initiation of cultural change within organizations.
2.05 I'm in Charge of Hopefulness, It's Part of the Job of a Divorce Mediator
Donna Duquette, Rockville, MD
John Spiegel, Rockville, MD

In divorce mediation, clients' feelings of discouragement often interfere with their ability to do creative problem-solving. Consequently, an important part of the mediator's job is to communicate a hopeful perspective. This workshop explores the meaning and impact of hopefulness in divorce mediation and teaches specific skills for establishing and maintaining a hopeful tone throughout the mediation process.
2.06 Blind Spots: Is Reality Overrated?
Dick LaFever, Anchorage, AK
Terry Stimson, Anchorage, AK

The incongruence between what people say they do and what they actually do is what Chris Argyris calls a "blind spot". Blind spots create problems when individuals or organizations try to change because people attempt to deny that blind spots exists. A brief experiential activity will offer participants the opportunity to experience blind spots.
2.07 Community Mediation in Nepal: Building a Culture of Peace
Work Overseas Series

Edward Miller, Modesto, CA
Therese Miller, Lewisburg, PA
Preeti Thapa, Kathmandu, Nepal

The rapid transformation of Nepal's social and economic hierarchy has disrupted previously stable communities. In the absence of effective courts or traditional mechanisms of dispute resolution, Nepalis require alternative ways to resolve conflict and build a culture of peace. Acceptance of interest-based facilitated mediation, and the high rate of resolved disputes, indicates that community mediation is meeting the needs of local citizens in an effective way.
2.08 Negotiation for Mediators: A Hands-on Primer
J. Arthur Vasconcelos-Sousa, Estoril, Portugal

It is important for mediators to understand the process of negotiation. This is a hands-on workshop through role play activity to divulge a key negotiation model that will help mediators better understand the process they are called to facilitate: negotiation.
2.09 Fly on the Wall? Cultural Competency for Community Mediators
Karenjot Bhangoo, Los Angeles, CA
Alyson Markham Shultz, Los Angeles, CA

Cultural issues are often sidelined in community mediation settings for many reasons. Often, time constraints and process guidelines do not allow for cultural issues to be addressed in a way that is helpful and constructive for the parties. Strategies for developing cross-cultural competency and tools helpful for mediators in dealing with cross-cultural issues more effectively will be presented.
2.10 Researching Dialogue: Lessons Learned About Dialogue's Dynamics, Results, and Evaluation
Ellen Wayne, Baltimore, MD
John Windmueller, Baltimore, MD

Dialogue is growing in popularity as a conflict resolution intervention. Unfortunately, this growth in dialogue practice is not being matched by rigorous research. Through two case studies in dialogue evaluation research, this panel workshop will present new findings on dialogue's dynamics and results and will expose practitioners to several evaluation research techniques. Participants will leave with evidence-based dialogue best practices and with new tools to evaluate and learn from their own dialogue work.
2.11 Engaging Victims and Offenders of Minor Offenses in Victim Offender Dialogue Processes
Duane Ruth-Heffelbower, Fresno, CA

Victims of minor crimes have needs similar to those in much more serious cases, but seldom receive any services. Fresno, California has taken a bold step in offering all such cases victim offender dialogue. This workshop reports on the experience and tries to answer the question: "did it do any good?"
2.12 Cancelled - Mediating High Conflict Parenting Time
2.13 Mediation: To Be or Not to Be
Joy Borum, Scottsdale, AZ
Glenda Collings, Prescott, AZ
Kathy McCormick, Prescott, AZ
Ann Woodley, Phoenix, AZ

In the past, the goal of mediation lay in its process. Mediation empowered communities and individuals to develop their own solutions in informal convenient meetings with minimal court involvement. Mediation provided a first resort conflict resolution service for the community. What happened?
2.14 Applications of Neurobiology and Evolutionary Biology in Practice
Neurobiology Series

Robert Benjamin, Portland, OR

Neurobiology, evolutionary biology, and psychology are core contributors to how humans experience and manage conflict and thus, critically important for mediators and conflict managers to understand in the formulation of their approach and style of practice. This interactive workshop will examine prevalent strategies, techniques, and skills in light of that awareness.
2.15 Forgiveness: Moving from Conflict to Peace
Eileen Barker, San Rafael, CA

Even when a case settles, all too often parties leave mediation still upset about the conflict. The lawsuit may be over, but the anger and mistrust continue. To restore peace, mediators must gain an understanding of forgiveness and learn to incorporate it into the process. This workshop looks at what forgiveness is and is not, and why it is critically important. Learn how mediators can guide parties through the steps of a forgiveness process.
2.16 The Current State of Mediator Ethics and Professionalism: Consensus or Cornucopia
Matthew Guasco, Ventura, CA

Most recent trends in the establishment of professional and ethical standards for mediators will be discussed. Participants will examine current national and selected state rules, guidelines, and standards in an effort to identify the current consensus regarding mediator professionalism and ethics, as well as the most common problem areas for practitioners.
2.17 Dealing for Dollars: Interest Based Strategy and Compensation
Stan Damas, Englewood, CO
Richard Nelson, Rio Rancho, NM

Contrary to conventional wisdom, the interest-based strategy will work to resolve compensation problems, provided the parties continue to use an interest-based strategy. This session focuses on how to help parties explore, explain, and understand all the interests involved in compensation and the reality that money is an option, not an interest. Presenters will offer techniques utilized to help parties work through and successfully resolve compensation negotiations
2.18 An Outside-the-Box Approach to Student Disputes: The Office of Student
Management at University of Phoenix
Lee Finkel, Phoenix, AZ

Resolution of student disputes at University of Phoenix is managed differently from traditional institutions. Rather than using an Ombuds Office or relying on its deans for handling grievances and appeals, University of Phoenix applies a risk management business strategy to the demands for customer service from a student population exceeding 300,000 distributed across the U.S. and international locations.
2.19 Training for Trainers: Designing for Adult Learners
Sue Bronson, Milwaukee, WI

What do you need to know to make your training more successful for adult learners? This workshop provides you with ideas to design effective trainings and an opportunity to enhance your training skills. Examine your training to design for success, complete the learning cycle, and incorporate ongoing assessment. We will also look at the Ethics for Trainers. Come prepared to share your training successes and leave with new ideas.
2.20 Curtain Up: Mediation as Theatre
Arts and Conflict Resolution Series

Moira Kelly, New Berlin, WI

The different worlds of mediation and theater have more in common than might be imagined. From common language, like "setting the stage", to outlining the multiple roles necessary for a successful event, theater can be a metaphor for what takes place in mediation. This session explores how theater concepts and roles such as producer, director, set designer, scriptwriter, actor, and audience can reframe the mediator's role in a fresh and unique way.
2.21 * Usando Métodos Alternativos para Resolver Conflictos En Argentina y en Sur América
Using ADR to Solve Environmental Conflicts in Argentina and South America

María Rosa Cattaneo, Buenos Aires, Argentina

The benefits of having ADR clauses in contracts with environmental issues will be discussed. This procedure facilitates problem solving and strongly contributes to social peace. This interactive workshop focuses on recent experiences in Argentina and Uruguay. It analyzes a case of an award that protected lands near a national park in the Patagonia and another related to contamination of the river Uruguay.
  Online Dispute Resolution Section Meeting
3:30 p.m. - 4:00 p.m. Break
4:00 p.m. - 5:30 p.m. Workshop Series III
3.01 Measuring the Cost of Unfairness in Workplace Conflict Management Systems
Blaine Donais, Toronto, ON, Canada

We all know conflict effects productivity. But how much does conflict cost the company? In this workshop we discuss the cost of conflict, introduce the Fairness Cost Analysis Tool, and run the tool through a sample workplace. Through the FCAT we analyze the cost of the existing fairness system and the cost and benefit of system modifications.
3.02 Moved to 5.22 - Observations from Advocates about Workplace Neutrals: How Are We Doing?
3.03 Institutionalizing ADR Principles in the Academic and Work Cultures of Universities
Phyllis Lewis, Chapel Hill, NC
Kathleen Rinehart, Milwaukee, WI

Most current models of internal conflict resolution programs in universities are designed to decrease agency or court complaints and promote efficiencies, which limit the ADR impact to business operations. The presenters will offer broader approaches that integrate the principles of ADR into the academic curriculum and work culture, and invite participants to share their experiences and ideas.
3.04 Wikis and Podcasts and Blogs, Oh My!
Gini Nelson, Santa Fe, NM

Three-fourths of all American adults use the Internet. Learn how mediators can use blogs, wikis, RSS, VoIP, and podcasts for marketing, education, mentoring, and networking. Build your dispute resolution practice using the Internet.
3.05 Conflict Competent Leadership
Craig Runde, St. Petersburg, FL

Collaborative decision making and employee engagement are basic tenets of modern leadership. The emerging discipline of Organizational Conflict Management supports leaders in becoming conflict competent and leading organizational transition to a culture of cooperation and conflict management. This workshop explains how leaders can champion and model conflict competence in their organizations through personal development and by introducing an Integrated Conflict Management System based on skills and performance measurements.
3.06 How Well is Environmental Conflict Resolution Performing and Why?
Kirk Emerson, Tucson, AZ
Dale Keyes, Tucson, AZ
Kathy McKnight, Fairfax, VA
Patricia Orr, Tucson, AZ

This interactive workshop features videotape segments of eight different mediators and approaches to handling the same dispute in mediation. This original video serves as a foundation for considering common mediator challenges. The composite tape captures the intensity of the conflict, allowing for a rich discussion. The format will include presentation, discussion, and role plays.
3.07 Cross-cultural Competence: Becoming a Competent Mediator When Serving First Generation Hispanic Clients
Kathy Elton, Salt Lake City, UT
Velvet Rodriguez-Poston, Park City, UT

Examine issues related to the cultural competence of the mediator and the mediation process. This workshop focuses on work with first generation Hispanics in the United States; however, the strategies can be generalized when working with other populations as well. The presenters will discuss the concepts of "culture" and "cultural competence" as related to mediation. Best Practice Strategies that can increase mediator cultural competence will be presented.
3.08 Master Negotiators from Mahatma Gandhi to George Mitchell: What We Can Learn from Them
Susan Hackley, Cambridge, MA
James Kerwin, Cambridge, MA

Video clips of recipients of the Program on Negotiation at Harvard Law School's Great Negotiators Award discussing their toughest negotiations will be interspersed with commentary and analysis. Presenters will lead an interactive discussion about the skills and strategies exemplified by the seven recipients of the Award and implications for the dispute resolution field.
3.09 New Tools for Advanced Practice: Psychic Care and Reflection
Nancy Erbe, Carson, CA
Dorit Cypis, Los Angeles, CA
Swaranjit Singh, Vallejo, CA

New mediators often ask how they learn how to take care of themselves and stay effective in the face of conflict. They express fear of burning (out) in the fire. Three seasoned conflict resolution practitioners share their experience and practice, having survived war, cross ethnic battling, and over forty combined years of conflict work.
3.10 A Somewhat Alphabetical Dictionary of Conflict Resolution Theories, Terms, and Hypothetical Constructs
Tripp Barthel, Reno, NV

Do you think we take ourselves too seriously sometimes? Let's sit back and take a look at the lighter side of conflict resolution. Beyond Mayer's Neutrality, Benjamin's Protean Warrior, and Cloke's Heart is a recognition that we're also here to laugh. Join us as we consider alternative explanations for the field we have so carefully constructed.
3.11 Understanding Dangerousness and Risk in the Worlds of Work and Home: Three Models
Larry Fong, Calgary, AB, Canada
Arnie Shienvold, Harrisburg, PA

Research has identified specific criteria that predict the risk of future violence in workplace and family situations. Three Canadian assessment tools, the Hare Psychopathy Checklist (PCL), the HCR 20, and the Spousal Risk Assessment have been used worldwide in situations where threats to safety are of concern. Participants will learn how mediators and other conflict resolution practitioners can easily use these tools to determine the potential for risk.
3.12 Collaborative Divorce: A Team Approach to Resolving Conflict in Divorce
Pamela Donison, Scottsdale, AZ
DJ Gaughan, Phoenix, AZ
Lynn Hoyland, Phoenix, AZ
Michael Juilfs, Scottsdale, AZ
Mary Jean Lindgren, Phoenix, AZ
Ruth Lusby, Scottsdale, AZ

The team approach to collaborative law cases goes beyond mediation to provide divorcing couples a full array of legal, emotional, and financial support as they negotiate their divorce settlement. This workshop provides an overview of the roles of the collaborative divorce team (lawyers, coaches, financial specialist, and child specialist) and how the interaction of the team can enhance the probability of success for the parties.
3.13 Do Mediators Really Do It Until Everyone is Satisfied? Research on Mediator Strategies and Their Impact on Participants
Lorig Charkoudian, Arnold, MD
Carrie Wilson, Arnold, MD

Findings of a multi-year Hewlett funded study exploring the effect of various mediator strategies on agreements, empowerment, and relationships will be presented. This workshop will provide interactive opportunities for attendees to explore their approaches to mediation and learn what the research says about its impact on participants.
3.14 Boomer Fatigue: Unacknowledged and Unresolved Generational Conflict in the Health Care System
Phyllis Beck Kritek, Half Moon Bay, CA

Boomer fatigue is manifest in two ways: the fatigue of hard-working boomers and the fatigue of other generational cohorts weary of accommodating boomers' developmental crises. Age diversity is often un-addressed when one cohort controls the dialog, and boomers continue to do so with limited self-awareness which suppresses the potential of emerging generations. This workshop explores the escalating generational conflict among health care workers, a phenomenon common in US workplaces today, and reports on potential solutions.
3.15 Inviting Resolution With Empathy
Jan Blum, Boise, ID
Emily Gould, Montpelier, VT

Beneath the positions of people in conflict lies a magnetic field of possibility, our common humanity, ready to invite resolution. For the last 40 years Nonviolent Communication SM has been used to mediate disputes on five continents. This language of compassion provides tools that harness the power inherent in this universal spectrum of human qualities, values, and needs. By relating these skills to an understanding of brain dominance, this workshop offers simple techniques that invite resolution.
3.16 Mind Over Matter: What's the Matter? Never Mind
Neurobiology Series

Jennifer Kresge, St. Helena, CA

The neurobiology of conflict and the way in which our brain participates is at the core of our existence. This workshop explores and explains how the components of our brain function and facilitate our every interaction. Is it possible for us to control our responses and those of our clients? If we truly understand the brain, can we facilitate positive and revolutionary conversation?
3.17 Caution! What You Write Is What They Get: Drafting Effective Memoranda of Understanding
Edward Blumstein, Philadelphia, PA
Clarence Cramer, Coolidge, AZ
Susan Edwards, Berwin, PA

The Memorandum of Understanding reflects the quality of the mediation. This workshop addresses how mediators can help their clients focus on issues relevant to a dissolving family and then reduce the clients' decisions to writing. Attendees will be sensitized to the standards of practice for mediators and document drafters in different contexts and to the unauthorized practice of law danger zone. Participants will learn how different jurisdictions address these questions and about ACR's response to this critical issue.
3.18 Using Drawings to Illustrate Conflict
Arts and Conflict Resolution Series

Vici Taus, Long Beach, CA

Use of drawings during mediation to clarify conflict and resolution proposals provides the crux of this learn-as-you-do workshop. This session will directly involve participants in the act of thinking conceptually then documenting concepts through drawing. Leave your rulers home.
3.19 Ensuring a 40-Hour Training Does Not Take 200 Hours of Your Time and Most of Your Sanity: A Michigan Model of Trainer Collaboration
Barbara Johannessen, Rochester Hills, MI
Forrest Mosten, Los Angeles, CA

Mediation trainers want the training program to appear organized and seamless to the participants. In Michigan, a model for co-training has been implemented to distribute the varied responsibilities among the trainers to ensure not only high quality training for the participants, but also an appropriate level of energy throughout the training for the trainer. Designating an Administrative Trainer is an integral aspect of this model. Conference participants will learn how and when to use an Administrative Trainer and how to select one.
3.20 The Impact of the Mediation on the Mediator
Jonathan Reitman, Brunswick, ME

We know a lot about the effect the mediator has on the parties and the mediation process. But what about the impact the mediation has on the mediator? Problems we encounter in mediation can often "trigger" feelings in us about our own past experiences, or conflicts we are currently confronting. What self-care will protect us and prevent us from retreating into cynicism or despair, while still allowing us to be "present" to the parties?
3.21 * El Diseño de Sistemas para la Resolución de Conflictos Laborales en los Estados Unidos
System Design for the Resolution of Workplace Conflict in the U.S.

Walter Wright, San Marcos, TX

Esta presentación elaborará las bases teóricas del diseño de sistemas para la resolución de los conflictos laborales y explicará los pasos concretos para el diseño de tales sistemas. Además, proveerá de ejemplos actuales de varios sistemas exitosos norteamericanos (Halliburton, Shell, Texaco, Better Business Bureau).

This presentation will detail the theoretical basis of system design for labor and workplace conflict resolution and will explain the steps to follow to in the designing of such systems. Actual examples of successful systems will be provided (Halliburton, Shell, Texaco, Better Business Bureau).

3.22
Apology, Forgiveness, and Reconciliation in Mediation
Peter Robinson, Malibu, CA

This interactive workshop covers an authentic outline of apology, forgiveness, and reconciliation in mediation. Attention will be given to the characteristics and nuances of a legally safe apology. Participants will have an opportunity to share their views on appropriate mediation functions.
3.23
Motivational Interviewing: Overcoming Impasse in Mediation
Ted Hunter, Seattle, WA
Dee Knapp, Seattle, WA

Motivational Interviewing is an approach to help people overcome the ambivalence that keeps them from making desired changes in life. This approach to help people get 'unstuck' also presents a useful tool for mediators. The workshop employs these techniques to problems presented in mediation.
  Education Section Meeting
5:30 p.m. - 7:30 p.m. Exhibitors Reception and Silent Auction

Friday, October 26, 2007


7:00 a.m. - 8:00 a.m. Yoga and Meditation
Lili Zohar, Denver, CO
7:45 a.m. - 8:45 a.m. ACR Annual Membership Meeting
Continental Breakfast
(All conference attendees welcome)
9:00 a.m. - 10:30 a.m. Workshop Series IV
4.01 Engaging Unions in Conflict Management
Blaine Donais, Toronto, ON, Canada

The workshop focus is on unions as partners in managing workplace conflict. We will discuss the role of unions as representatives of employees and the value of union processes in good conflict management structures. We will also consider the impact of failing to properly engage unions in the process of workplace conflict management. Finally we will consider sound advice for turning unions into solid supporters of conflict management systems renewal and how to keep them engaged.
4.02 Decision-Making and Award Writing in Labor and Employment Arbitration: Advanced Concepts
Advanced Workplace Series

Chris Knowlton, San Francisco, CA
Amy Lieberman, Scottsdale, AZ
Michael McDowell, Pittsburgh, PA

Explore the methods to evaluate the record of arbitration hearings and to draft and issue the final award. Presenters will review decision-making processes, including burdens of proof, as well as formats for awards.
4.03 Ready, Willing, and Able: Culture and Conflict Management Systems
Leah Borsa, Ottawa, ON, Canada
Andrea Morrison, Montreal, QC, Canada

The significance of culture in conflict management systems design, and how it can be used as an important lens in organizations is illustrated in this workshop. Through storytelling and interactive dialogue around case studies, we explore how effectively integrated conflict management systems go beyond specific policies that explicitly target cultural differences to recognizing that every aspect of process design faces the question "whose culture?". We further examine how conflict events and conditions can be strategic opportunities for deep-rooted change, and how to build conflict management systems that resonate within our clients' cultural frameworks.
4.04 Statistical Modeling for Computing the Cost of Conflict
Mary Carolyn Thies, Washington, DC

Organizations continually look for data to assess productivity. Computing the cost of conflict, both tangible and intangible, can be a challenge. This presentation looks at statistical factors and considerations in developing a mathematical computation for the cost of conflict. Participants will learn to identify cost factors and evaluate simple models to enhance their ability to produce a comprehensive cost of conflict for their organization.
4.05 Taking Consumer Disputes to the Next Level
Walt Bitler, Manchester, VT
Kurt Dettman, Hingham, MA
Peter Merrill, Santa Fe, NM

The workshop discusses the Federal Trade Commission's programs of consumer protection and competition jurisdiction in broad sectors of the economy. Additionally, presenters will focus on the role of the traditional ADR process in consumer cases and present an overview of the state and local efforts to mandate mediation prior to litigation or arbitration. Tips for expanding a consumer ADR practice will be shared.
4.06 Are They Better Off Without You?
Dexter Albert, Flagstaff, AZ
Lucy Moore, Santa Fe, NM
Rosemary Romero, Santa Fe, NM

Although we mediators like to think we can always