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ACR Update,
November 2008
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WELCOME TO ACR UPDATE—the monthly e-newsletter sharing important conflict resolution news and organizational updates with ACR members. Your feedback is welcome! |
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To view past issues online, go to: http://www.acrnet.org/publications/acrupdate.htm |
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ACR Statement on School Violence
ACR recently released a statement on school violence acknowledging the role that educators, conflict resolvers, and other professionals and volunteers in our communities and educational settings have in increasing understanding and reducing prejudice that is often central to conflicts.
The statement: The recent tragedy in Kauhajoki, Finland at Kauhajoki School of Hospitality, as at Northern Illinois University, Virginia Polytechnic Institute and State University, West Nickel Mines Amish School, Red Lake Senior High School, and, sadly, a number of other schools, colleges, and universities in the past, are stark reminders of the prevalence and impact of violence in our communities. They are urgent calls for us each to do more to prevent, reduce and resolve conflicts which lead to violence, and to help support and restore communities and individuals devastated by violence. We must also examine the conditions which make it possible for such violence to be so frequently perpetrated, especially on our young and vulnerable.
Conflict resolvers, educators, and other professionals and volunteers in our communities and educational settings play key roles in increasing understanding and reducing prejudice — by gender, race, ethnicity, sexual orientation, political views, and other social groupings —which so often are central to conflicts. Enhancing a community’s skills in conflict resolution and dialogue has been proven to reduce isolation and stress, which are important factors that contribute to suicide and homicide. There are times, of course, when, despite every attempt to provide safe conditions and a supportive environment, tragedies ensue. Even then, those trained in listening and dialogue skills can help members of a bereaved and angry community discuss their experiences constructively.
The Association for Conflict Resolution offers its sincerest condolences and wishes of healing to all who were injured and who lost friends and family in recent as well as past school violence. Our thoughts are with you as you move toward recovery and as we all work to prevent future violence.
Resources for local schools, campuses, and communities addressing school violence are available at: http://www.mediate.com/acreducation/
ACR and the Asociación para la Resolución de Conflictos Connect
ACR and the Asociación para la Resolución de Conflictos (ARCO) recently established a cooperative relationship. ARCO is a relatively new organization located in Mexico. The two organizations will work together to promote conflict resolution, to share news about each other’s programs, and to exchange other information. ARCO also has expressed an interest in becoming an International Affiliate Organization of ACR.
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The Nobel Peace Prize for 2008 Goes to Martti Ahtisaari, International Conflict Resolver
The 2008 Nobel Peace Prize has been won by Martti Ahtisaari for his efforts, on several continents and over more than three decades, to resolve international conflicts. According to the Norwegian Nobel Committee, these efforts have contributed to a more peaceful world and to “fraternity between nations.”
The Committee noted that whether as a senior Finnish public servant and President or in an international capacity, Ahtisaari has worked for peace and reconciliation. In 1989-90, he played a significant role in the establishment of Namibia’s independence; in 2005 he helped end the conflict in Indonesia’s Aceh province. In 1999 and again in 2005-07, he sought to find a solution to the conflict in Kosovo. In 2008, through his organization Crisis Management Initiative and in cooperation with other institutions, Ahtisaari has tried to help find a peaceful conclusion to the problems in Iraq. The Committee also acknowledged him for his contributions to the resolution of conflicts in Northern Ireland, in Central Asia, and on the Horn of Africa.
The Nobel Committee noted that through his untiring efforts and good results, Ahtisaari has shown what role mediation of various kinds can play in the resolution of international conflicts.
Ahtisaari will receive the prize in Oslo on December 10.
New Jersey Announces
Foreclosure Mediation Program New Jersey state officials have announced that they will begin to roll out a statewide Judiciary program to assist homeowners in foreclosure actions. The program will provide mediators to help homeowners and lenders negotiate with one another and try to work out agreements to avoid foreclosures.
In announcing the rollout, Chief Justice Stuart Rabner said, “While the courts must remain neutral in all foreclosure matters, it is in everyone’s best interest to have a forum where homeowners facing foreclosure have the opportunity to negotiate to save their homes. Our goal is to get lenders and borrowers to meet at the table and work out a mutually beneficial arrangement. I encourage continued cooperation among the courts, lenders, borrowers, and the bar as we address the increasing number of foreclosure actions in New Jersey in today’s difficult economic times.”
Under the program, the courts will require mediation in all cases in which homeowners contest owner-occupied foreclosure actions. Volunteer mediators will meet with eligible homeowners and their lenders in an effort to resolve the foreclosure action and renegotiate the terms of mortgage agreements.
For more information: http://www.judiciary.state.nj.us/pressrel/pr081016c.htm
Colorado Supreme Court Issues Opinion Regarding Confidentiality and Enforceability of Mediated Agreements
In mid-October, the Colorado Supreme Court issued an opinion that addresses confidentiality and enforceability of mediated agreements under the Colorado Dispute Resolution Act (CDRA). In Yaekle v. Andrews; Chotvacs v. Lish, the court considers the enforceability of agreements that may have been made during or after mediation, but are not part of a written and signed agreement.
The court found that a provision in the CDRA (Colo. Rev. Stat. § 13-22-308) that allows parties to seek court enforcement of signed agreements made in mediation is not exclusive. Parties also have the right to seek enforcement of agreements made in relation to mediation through the common law of contracts.
The decision includes language that appears to uphold the CDRA’s confidentiality provisions. The court wrote:
In sum, section 307 of the Dispute Resolution Act protects as confidential those communications made in the presence or at the behest of the mediator, and so may hinder the efficacy of common law contract principles in some circumstances. It does not, however, abrogate those principles entirely. We understand section 307 as protecting the mediation process by its imposition of confidentiality. By protecting mediation communications as confidential, section 307 encourages open and productive negotiation during mediation.
Based on this language, the court concluded (in the Chotvacs case) that unsigned mediator’s notes could not be admitted as evidence to show that the parties had reached a settlement agreement in mediation. The court also found (in the Yaekle case) that correspondence between the parties’ counsel following mediation and counsel’s representations in open court following the mediation were admissible to show that the parties did enter a post-mediation settlement, and to enforce that settlement agreement.
The full decision can be found at: http://www.cobar.org/opinions/opinion.cfm?opinionid=6860&courtid=2
- by Cindy Cook, Co-Chair, Legislative and Public Policy Committee
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Conflict Resolution Day 2008 was celebrated around the world on October 16. Inspired by ACR’s Board Resolution proclaiming every third Thursday in October for an annual celebration of Conflict Resolution Day, 16 states in the United States, 5 countries (Canada, France, Israel, Nicaragua and Portugal), and various national organizations held events on or around October 16. Read more about this year’s highlights at http://www.acrnet.org/crday/index.htm.
Details about events are still coming in. If you held an event that is not currently listed at http://www.acrnet.org/crday/crday2008events.htm, please send a brief description of your event to ACR@acrnet.org.
This year, groups partnered with book stores, universities, religious organizations, Holocaust Memorial Centers, courts, community mediation centers, Mediators Beyond Borders, the Environmental Protection Agency, and others. More than 10 proclamations were obtained from mayors, governors, and university presidents.
Conflict Resolution Day 2009 will take place on October 15, and it is never too early to start planning your event! Please visit the ACR Conflict Resolution Day website at: www.ACRnet.org/crday for ideas. In addition to descriptions of all events held the last four years, you can download a Conflict Resolution Day poster which is now available in six languages (Arabic, English, French, Hebrew, Japanese, and Spanish).We are interested in offering the posters in additional languages, so if you can assist us in translating, please let us know. The website also includes tips on setting up a program, a sample letter that can be used to request a proclamation, and many proclamations from various jurisdictions.
Please get involved. The first year, start small, but just like the tree which is the symbol of Conflict Resolution Day, the seeds you plant one year, will continue to grow and blossom each year.
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Watch your mailbox later this month for the fall 2008 issue of ACResolution magazine, titled “Resolving Consumer Disputes.”
Call for Article Proposals: Spring 2009 Issue of ACResolution Magazine
ACR’s spring 2009 issue of ACResolution magazine will focus on the topic of Marketing your ADR Practice. The editors seek proposals from people who would like to write articles on any aspect of this topic. They seek diversity in authors and subject matter; authors do not have to be ACR members.
If interested, please:
Send your proposals via e-mail to ACResolution at publications@ACRnet.org as soon as possible, but no later than December 1, 2008.
An editorial advisory committee will review the proposals and choose 2–3 major features and 2–3 minor features. All authors will be notified by the end of December. If selected, completed articles will be due to ACR by February 1, 2009.
For more information about ACResolution, please visit: http://www.ACRnet.org/publications/acresolution.htm.
ACResolution Reviewers Needed
Looking for a way to contribute your expertise to ACR? Consider serving as a reviewer for ACResolution. Right now, the editors are looking for individuals to review department articles. Those are approximately 600 to 1,300 words in length and cover various aspects of conflict resolution education, innovative strategies for training conflict resolution professionals, book reviews, articles on conflict resolution in other countries, and more. If you would like to serve as a reviewer, please send a short bio and let us know your areas of interest. Please send your information to publications@ACRnet.org
Attention ACR Members: You Can Access Conflict Resolution Quarterly Articles for Free!
ACR members can read the latest CRQ articles online by logging into ACR’s Member Center portal at: http://bridge.acrnet.org. Click on the photo of Conflict Resolution Quarterly and then on the link that reads “Conflict Resolution Quarterly Archive.” That will take you to the current issue and to the archives of the publication.
Below are two of the articles appearing in the fall issue:
Reconstructing Ripeness I: A Study of Constructive Engagement in Protracted Social Conflicts Peter T. Coleman, Ph.D., Antony G. Hacking, M.A., Mark A. Stover, M.A., Beth Fisher-Yoshida, Ph.D., Andrzej Nowak, Ph.D.
What moves people to work with each other rather than against each other when locked-into destructive, long-term conflicts? Ripeness theory has been a useful starting point for understanding such motives, but has limited explanatory power under conditions of intractable conflict. This paper is the first of a two-part series that presents the findings from a study that explored various methods of eliciting constructive engagement from stakeholders - through interviews with expert scholar-practitioners working with protracted conflicts. These interviews provide new insights into constructive conflict engagement. The findings in this paper and its companion piece have immediate relevance for practitioners and scholars working on international and intergroup conflicts.
Alternative Dispute Resolution in Medical Malpractice: A Survey of Emerging Trends and Practices Susan J. Szmania, Addie Johnson, and Margaret Mulligan
This study summarizes the survey findings from thirteen organizations offering ADR services in medical malpractice cases. We discuss the types of disputes handled, the ADR systems utilized, the typical case outcomes, and the staff qualifications. We also report on the challenges and successes that these ADR programs faced, including the impact of recent legislation on medical malpractice litigation. The results highlight the central role of communication in resolving conflict following unexpected medical errors.
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The Environment and Public Policy Section will hold its mid-year conference in Denver, June 11 to 13, 2009. The conference will focus on climate change. For more information, please contact Tamara d’Estree (tdestree@du.edu), Michael Elliott (michael.elliott@coa.gatech.edu), or Cindy Cook (ccook@adamantaccord.com).
The upcoming year
promises to be a busy and exciting one for us as we work together to
strengthen the International Section’s many initiatives and bring
them to a new level. For example, the International Development
Committee intends to expand its new mentoring initiative beyond the
pilot phase; the Networks are actively seeking support for a new web
platform that will allow members to interact and exchange ideas more
efficiently; and as a Section, we are committed to raising the
number of International Day Registrants for the 2009 Conference that
will take place in Atlanta, a convenient hub for international
travelers.
Workplace Section Teleseminar Tuesday, November 18, 2008, 12:00 p.m. EST / 9:00 a.m. PST
Debra Geraldi, RN, MPH, JD “Creating a Culture of Engagement - Addressing Conflict and Disruptive Behavior in the Health Care Workplace.”
WPS Teleseminars are a benefit to WPS members, so check your e-mail inboxes for call-in information.
Welcome New WPS Leaders The WPS is very proud to welcome Julie Denny and Sheri Callahan. Julie Denny will serve as Tri-chair Elect 2009-2010, moving into Tri-chair position for a two-year term for 2010-2012. Julie is now serving as the President of the Greater New York Chapter of ACR. Sheri Callahan will serve as the Section’s Secretary and Liaison to ACR. Sheri is now serving as the Founding President of the South Carolina Chapter of ACR. We are so pleased to welcome them aboard. For more information about WPS Leadership Council, go to http://www.mediate.com/acrworkplace/pg1.cfm.
ACR Workplace Advanced Practitioners Have you considered becoming an Advanced Practitioner (AP)? To learn more about requirements and benefits of Mediator AP status, follow this link: http://www.acrnet.org/referrals/ap-workplace.htm. To learn more about Arbitrator AP status, visit: http://www.acrnet.org/referrals/ap-workplace_arb.htm
Call for Articles The ACR Workplace Section Newsletter is a quarterly publication dedicated to enhancing the practice and public understanding of conflict resolution in workplace settings.
We are currently seeking newsletter articles for the upcoming newsletter and invite your submission of relevant articles to support the mission of the Section. The themes for the upcoming WPS newsletter are Public Sector, Non-Profit, Advanced Practices. Articles are due immediately, for a publication date of November 20, 2008.
Article Guidelines • Article Length: 250-400 words, up to 1000 words for featured article. • Author’s release required; to be forwarded for signature upon acceptance of article. • ACR Workplace Section retains editorial rights for final selection and editing. • For examples on past newsletters, visit www.mediate.com/acrworkplace
To submit your article or for more information, please contact Linda Goodman, Newsletter Co-Editor at lgoodman@ihrc.Idaho.gov.
Mark Your Calendar ACR’s 9th Annual Conference in Atlanta, Georgia from October 7-10, 2009! Save the Date for Workplace Pre-Conference Institute. Details are forthcoming.
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The Central Valley of California has reached a milestone in school-based mediation training and program implementation. There are now more than 70 active mediation programs in our local schools. Student conflict managers range in age from third graders to eighth graders. Some models feature classes, while others feature clubs, walk-in centers and lunch-time mediation at picnic tables. In all cases, students are trained in accordance with the Recommended ACR Standards for Peer Mediation Programs. Universities involved are California State University Fresno, Fresno Pacific and San Joaquin College of Law.The future in Central California looks bright!
ACRGNY members and friends attended a special evening of theater on October 28. In Conflict, a docudrama, captured the voices and experiences of 17 Iraq War veterans, whose lives had been changed forever. The performance was followed by a panel discussion led by Board member and St. John’s University Law Professor, Elayne Greenberg and featuring Yvonne Latty, the playwright, and Julius Tulley, one of the actual servicemen portrayed in the performance.
We are happy to announce the first Annual Meeting of the South Carolina Chapter of ACR. On November 22, our Chapter will host a mini-conference of speakers, lunch and a business meeting. The day is open to members and non-members seeking to learn, network and develop the message of meaningful conflict resolution. For further information, please contact Sheri Callahan. Sheri@onthehorizon.net
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Call for workshop proposals: Peace & Religion 6th Annual Peace Conference at Kennesaw State University March 27th, 2009 Kennesaw, Georgia (near Atlanta)
This conference will feature workshops on Peace and Religion led by experts from across the U.S. and the globe. Workshops may include a brief presentation, however the majority of time must be spent on active and/or interactive learning. Each workshop will be 1 hour and 15 minutes in length. This will be a great opportunity to network, learn, and teach on the topic of peace and religion.
To submit a workshop proposal, please send an abstract and one page presenter bio to Dr. Susan Raines at: sraines@kennesaw.edu. Deadline: December 15th, 2008.
Learn more about KSU… http://www.kennesaw.edu/about/ Kennesaw State University (KSU), the third-largest university in the University System of Georgia, is a comprehensive university with expanding undergraduate and graduate programs in Kennesaw, Georgia, one of metropolitan Atlanta’s burgeoning northwest suburban communities. It houses a Master’s of Science program in Conflict Management, an Alternative Dispute Resolution certificate program, and an undergraduate minor in Peace Studies.
Paper option: Those wishing to submit a paper related to their workshop may do so at the time of the conference. Papers will be considered for publication in Conflict Resolution Quarterly. Submission guidelines may be found here: http://www.acrnet.org/publications/crq.htm |
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Donate Now! You can make donations to ACR's Annual Fund Campaign online. Click here to learn how you can make an important investment in ACR's future.
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National Research Study on Mediation Seeking Participants for Web Survey
The Psychology Department at Rutgers University is seeking mediators for a national study on how mediators’ beliefs about their role and the nature of conflict influence mediation practice. Participation in the study will take no more than fifteen to twenty minutes and includes completing a brief web survey.
Participants completing the study will be entered into a drawing for a $75 VISA gift card and will receive a summary of the study’s results when they are available, along with an account of how their organization’s participants’ views compare to the views of mediators from other ADR organizations.
If you would like to participate in this study, please click the link below:
http://www.surveymk.com/s.aspx?sm=R5MTsBfS4y5pEeI_2fAD4wuQ_3d_3d |
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Advertise in ACR Update! Reach 5,500+ conflict resolution enthusiasts with your advertising message. A 10-line, 100-word, text ad costs just $150! For more information, contact ACR at tlankford@acrnet.org. |
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Encourage your colleagues and friends to join the Association for Conflict Resolution! Enjoy immediate benefits for you and your friends. Go to www.ACRnet.org and click “Join Now.” |
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