Ohio Mediation Association

MEDIATE OHIO 

Ohio Mediation Association

www.mediateohio.org

A Bi-Monthly Publication      

May/June 2008

President: Jay Patterson (614) 403-3825 E-mail: jmpmediation@ameritech.net

Immediate Past President/Mediate Ohio Editor:  Shirley Cochran (614) 863-4775 E-mail: scochran@insight.rr.com

Vice President:  Phil Dunfee (740) 366-3297 E-mail: phil@phildunfee.com

Treasurer:  Sheri Center (614) 783-7281 E-mail: findingcommonground@yahoo.com

Secretary:  Christy Radigan (614) 855-6926 E-mail: cardigan@insight.rr.com

Mark your Calendars for our exciting 2007 meetings!! (First Friday of the even numbered months except our conference or April meeting since it is at a facility for conferences.)

May 9, 2008              Annual Conference with Dr. Larry Fong at the Riffe Building Downtown Columbus!

June 6, 2008                          Magistrate Ann Snyder—Mediation in Summit County Probate Court.

August 1, 2008        Scott Brown, Community Education Coordinator withRichard Cordray, State Treasurer’s Office  “The 10 most frequently asked questions about foreclosure” Discussion on “Save our Homes Task Force”  and how the mediators will play a role in foreclosures. 

All meetings, except the Annual Conference, to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice. (Directions on last page.)  Don’t forget—after each OMA bi-monthly meeting, the Case Study Group gets together to discuss a case presented by an OMA member.  If you are interested in a lively discussion of different types of cases, this is the group for you.  For questions or to volunteer to present a case, please contact Susan Shostak (740) 681-1031, or shostak@ohiohills.com

President’s Column

My Top Six Wishes for the Mediation Profession:

(Part Two of Two)

By Jay M. Patterson

This column, my last as OMA President, contains the final part of my top six wishes for the mediation profession.  The first three wishes (or, more accurately the last three, as required by the tradition of reverse chronological order for top # lists) were presented in my previous column.  My final three wishes are:

 3.     We refrain from doing so much mediation for little or no fee.   As this was discussed extensively in my June 2006 column entitled, Maybe There is Such a Thing as a Free Lunch, I won’t go into great detail here.  To summarize, I surely believe some no cost or low cost mediation has a definite place in our profession.  However, from my perspective, mediators too often agree to provide services for little or no fee which, in turn, actively fosters societal perception that mediation itself has limited or no value.  Given our capitalist economic system, we have a predisposed zeitgeist that acquisition of a product of value involves an exchange of another thing of value.  Nothing wrong with that but I believe if a product is offered without someone paying reasonable compensation, it is likely that one would then conclude that the product has limited value, at most.  I further believe when people perceive mediation as having limited value, this, in turn, limits the number of people willing to utilize it and thus limits the improved quality of life we know often occurs on those occasions when we can get parties to the table.   I also believe we have actively enabled our profession to be taken advantage of to some extent by some mediation programs (and sometimes, individual clients) that could provide a living fee or wage to mediators if they were to make it a priority.  We make it easy for some programs to refrain from making mediation a higher priority.  As it stands, many programs need not even consider an even exchange of reasonable compensation in return for professional service.  What possible incentive would a program have to provide a living fee/wage to a mediator if it could be gotten for little or no compensation?  If mediators more often collectively declined to mediate unless a true, reasonable living wage was paid, I believe many programs would make funding for mediation a priority.  If we really want to maximize the number of people with improved quality of life through quality mediation, I believe we need to have the courage of our own conviction about mediation’s value by more often providing services consistent with its true value.  Until we as professionals begin to more often say words to the effect of, “I must respectfully decline to provide mediation services without a living wage”, we will continue to see the underutilization of mediation as a means to improve quality of life.   

2:      we act more collectively on a statewide basis on behalf of all mediators in ohio.  Unfortunately, from my perspective, our field is not as organized in Ohio as it could be.  For better or worse, leadership for the field in Ohio is somewhat fragmented into segments based on settings, regions or areas of interest.  Don’t get me wrong; there is nothing bad about organizing based on narrower interests within the field.  In fact, it’s a good thing.   I’m simply setting forth the proposition that this is not a substitute for united, and cohesive action for the mediation field as a whole in Ohio.  I firmly believe we will be more persuasive about mediation’s value, have more clout with policy makers and will achieve more as a field overall, if we act more often as a collective, united, holistic, statewide profession.  As the only statewide professional mediation association whose mission is to advance the entire field of mediation in Ohio, OMA provides the organizational structure to carry the load for advancing the field as a collective whole.   Particularly in the last few years, OMA has acted to benefit all of Ohio’s mediators in very significant ways often without some mediators even having knowledge of OMA’s contribution or how it benefited them.  As just one example, OMA stood up for all mediators in Ohio and successfully argued against a proposed amendment of the Uniform Mediation Act that would have subjected mediators to forced testimony in court.  Although OMA has made strides, it could do even more for Ohio’s mediators with more resources that stem directly from its membership.  It is my hope that all mediators who are members of a mediation association with a narrower scope will also become members of OMA.  If you’re reading this, I’m probably preaching to the choir, as you are likely to be member of OMA.  As a fellow choir member, I hope you will sing the same song by actively conveying this message to non-OMA members.

  1:    We have an organized, honest, and frank, interest-based discussion within our field dedicated to the difficult and controversial topic of professional mediator standards with teeth.  From time to time, the topic of certification, licensure or other such standards with teeth has been discussed (mostly informally) among mediators.  To the extent we’ve had these discussions, we’ve often made all the same mistakes our clients have sometimes made before they come to us for assistance.  We’ve seen avoidance of this topic out of fear of disagreement or dissention.  We’ve had positional discussions.  We’ve made assumptions about what the outcome would be if we were to discuss the topic.  I’m anything but sure that a collective consensus could or would be reached on this controversial topic.  However, the fact that the topic is controversial is, in my opinion, evidence that the discussion needs to actually occur and that it should be had in an organized, interest-based format.  In my opinion, it would be a shame if we didn’t at least try to follow the very principals we all espouse to our clients by discussing this difficult topic, sooner rather than later, in an organized discussion that attempts to meet the most important interests of all parties.

As Always, I invite you to share your thoughts, in agreement or disagreement, or to add your own wishes for the field in a letter to the editor of this, your newsletter, Mediate Ohio.

A Farewell to the Board from Shirley A. Cochran

            As of the Annual Meeting, I will no longer be the Immediate Past President of OMA and for once in a long time, not an officer and member of the Board.  Although I will continue to handle membership and the newsletter, I am no longer required to attend the board meetings before the general meeting and the special meetings we hold one or two times a year to keep the organization running.  In some respects, I will miss being on the board.  After all, 2 years as Immediate Past President, 2 years as President, and 6 years as Treasurer (I think), adds up to 10 years of the 18 OMA has been in existence and seems like forever, but I would not change any of it.  It is time to move on to another state-wide organization, the Ohio Federation of Business and Professional Women—I bet they can’t wait for me to be elected President-Elect in May!  I leave the board knowing it is in great hands and I expect wonderful things from this organization in the years to come.  Thank you for letting me serve OMA and for indulging me in my continued service to the best mediation association in the country.

Monthly Presenters for OMA by Sandra Fredrick

I wanted to let the members of the Ohio Mediation Association aware that I will be coordinating the monthly presenters for our organization.  I am very interested in any appealing presenters and if you feel you have a new program or approach that you would want to share with your peers it would be appreciated.  Please contact me with ideas as well.  The following are ways to contact me:  Sandra Fredrick, (937) 225-4099 or I can be reached by e-mail at fredricks@mcohio.org  I look forward to hearing from you.

Mediate Ohio Material:  Please send material for Mediate Ohio by the 20^th of the even numbered months to permit publication in the newsletter.  The next deadline is June 20, 2008.  My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax:  (614) 863-4775 E-mail: scochran@insight.rr.com  Thanks, Shirley Cochran, Editor

OMA ELECTION RESULTS!

•  23 OMA members voted
• Maara Fink received 22 votes for president; 1 person didn't vote
• Phil Dunfee received 20 votes for vice president; 3 people didn't vote
• Denise Nixon Sparks received 22 votes for secretary; 1 person didn't vote
• Two individuals voted against the second amendment.  With that exception, all amendment changes received positive endorsement from the 23 voters.

Minority Professionals in
Alternative Dispute Resolution

3rd National Training Institute of Minority Professionals in Alternative Dispute Resolution  June 2 - 6, 2008 Capital University Law School Columbus, Ohio

This year’s Institute will offer 6 – 8 trainings from various ADR organizations (TBA). These trainings - ranging from 8 hours to 40 hours - will enhance your ADR skills, offer opportunities to be placed on ADR panels / rosters, and prepare you for advancement within the field. Visit www.law.capital.edu/ADR/ for information as it becomes available. For questions, contact us at adrconference@law.capital.edu. Capital University Law School 303 E. Broad St. Columbus, OH 43215 614-236-6500 www.law.capital.edu

Job Announcements:  There are some announcements that become available for the meetings.  Be sure to attend the meeting and check Mediate Ohio for openings we might receive notice of and if you have a position you would like to have listed, provide it by the deadline to the Editor.   In addition, watch for e-mails from the OMA President.  An additional website to check is at Mediate.com: http://www.mediate.com/jobs/

THE MEDIATION COUNCIL OF GREATER CINCINNATI

The Mediation Council of Greater Cincinnati, which has been in existence since the mid-1980’s, is a networking organization of mediators who live or practice in the greater Cincinnati area. The group meets at noon on the second Wednesday of each month from September – May to learn about matters of interest and share information. Members as well as non-members are welcome to attend the meetings; annual membership fees are $15.00.  Meeting Time:  11:30 a.m. - 1:00 p.m. Location : The Health Foundation of Greater Cincinnati* Rookwood Tower (5^th Floor) 3805 Edwards Road, Suite 500 *Health Foundation will not allow food to be brought in to its facility.  Please Note: with the exception of the September meeting, the schedule of presenters and topics may be subject to change. Join the Mediation Council for monthly meeting reminders with updated information.  If you have questions or need information, contact Marie Bader at 859-380-2137

2007-2008 Meeting Schedule

Please Note: The following schedule of presenters and topics may be subject to change.

May 14, 2008 the group meets for its Annual Luncheon gathering at a restaurant to be named later.

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If you have questions or need information, contact Donna Dansker: 513/821-0767

Upcoming ABA Section of Dispute Resolution Sponsored Events:

August 7-9, 2008 ABA Annual Meeting New York

April 15-18, 2009 Eleventh Annual Section of Dispute Resolution Conference Sheraton New York Hotel & Towers New York

July 30-August 1, 2009 ABA Annual Meeting Chicago, Illinois

Association for Conflict Resolution (ACR) CALL FOR ARTICLE PROPOSALS ACResolution Magazine Fall 2008

 ACR’s fall 2008 issue of ACResolution magazine will focus on the topic of Consumer Disputes. We are soliciting contributions that address this topic from the points of view of interveners, parties, and theorists from all practice areas.  We seek proposals from people who would like to write articles on any aspect of consumer disputes. We seek diversity in authors and subject matter; authors do not have to be ACR members.  If interested, please: write a half-page (150-300 word) description of your proposed article,  include a title/headline for your article,  include your name and contact information, include one to three lines of biographical information, and specify if you would like to write a major (2,700 words) or minor (1,300 words) feature. Send your proposals via e-mail to ACResolution at publications@ACRnet.org as soon as possible, but no later than June 2, 2008.  An editorial advisory committee will review the proposals and choose 2 or 3 major features and 2 or 3 minor features. All authors will be notified by June 13. If selected, completed articles will be due to ACR by August 1, 2008.  For more information about ACResolution, please visit  http://www.ACRnet.org/publications/acresolution.htm. 

Renewing, New Members and Additions/Corrections to the Directory (not the entire list of members—see the directory at our web site for that list): New and renewing members may send applications to Immediate Past President, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068.  Contact Shirley for membership applications.  A membership application can be sent electronically for your convenience or you can download it from the OMA website www.mediateohio.org    If there is a correction or an addition, please let Shirley know but only you can correct the directory on the website.  If you have misplaced your membership number and password, please contact Christy Radigan for assistance. 

New and renewing members as of April 19, 2008:

TRAINING & WORKSHOPS:

Community Mediation Services of Central Ohio and the Columbus Bar Association Basic Mediation Training June 11 & 12, or September 10 & 11, 2008 and 40 Hour Domestic Mediation Training May 1, 2, 6, 7, & 8, or October 15, 16, 21, 22, & 23, 2008.  Presenter Shelley Whalen, Executive Director of CMS and a past president of OMA Training site 91 Jefferson Avenue, Columbus OH, the Thurber Center CLE and CEU’s Contact CMS (614) 228-7191 or www.communitymediation.com  Fax: (614) 228-7213  Mailing address:  67 Jefferson Avenue, 2^nd Floor, Columbus OH 43215.

Capital University Law School Center for Dispute Resolution

Center for Dispute Resolution, Capital Law School, 303 E Broad Street, Columbus OH 43215-3200, Phone (614) 236-6430/ Fax (614) 236-6956 CDR Directors include Roberta S Mitchell and Scot E Dewhirst, Co-Directors of the Center, and Terrence T Wheeler, Executive Director of the Center.  Please visit our website at www.law.capital.edu/disputeresolution to gain more detailed information on our trainings or to register on-line.

Cleveland Mediation Center United Office Building, Suite 906 2012 West 25th Street Cleveland, Ohio 44113 2005 Presenters include Dan Joyce and Wendy Hawbaker For further information on all training contact: Bob Curtis, Training Co-coordinator Phone: (216) 621-1919, extension 500 Fax: (216) 621-3202 E-Mail training@clevelandmediation.org .

Hofstra Law School and The Institute for the Study of Conflict Transformation, Inc. present THE TRANSFORMATIVE PRACTICE INSTITUTE SUMMER 2008, at Hofstra Law School THREE IMPORTANT AND INNOVATIVE COURSES, FIVE TOP INSTRUCTORS RETHINKING CONFLICT A Master Class on Popular Culture and the Relational Orientation to Life May 21-22, 2008 Taught by Joseph Folger and Baruch Bush BASIC AND DIVORCE MEDIATION TRAINING The Transformative Approach: Basic Skills and Divorce Mediation May 19-20 (Basic) and May 21-23, 2008 (Divorce) Taught by Baruch Bush and Elayne Greenberg RELATIONAL FACILITATION The Purpose and Practice of Leading Groups Responsively May 19-20, 2008 Taught by Scott Sears and Judith Saul Limited enrollment on a first-come, first-served basis To register: call Dawn Marzella at 516-463-6889 or email lawdmm@hofstra.edu (If interested in CLE credits, please inquire at time of registration) Visit us on the web:  http://conflictresolution.und.edu  Supporting Difficult Conversations.  People Talk. People Listen. Things Change. Helping Families, Businesses, Communities around the Globe. *Offering Training, Workshops, Coaching, Mediation, Group Facilitation, Dialogue*

Embracing Diversity in Conflict Facilitation Gill Emslie and Christy Cumberland Walker Monday 14th July, 2008 (In Scotland).  This training is designed to develop the skills to facilitate and transform conflict in diverse cultures. We examine our own personal relationship to conflict, and practice facilitation and mediation. We also explore how to be an ally to those in conflict, observing our tendencies and bias, recognizing and combating institutionalized racism, seeing the influence of rank, power and privilege, naming taboos and unspoken tensions, and being in the moment. We will work creatively, drawing from various disciplines including meditation, facilitation, Process Work, and archetypal awareness. Findhorn Consultancy Service is an organization whose purpose is to support the transformation of consciousness in businesses, organizations and communities.  Cost: £455 if your income is low £515 if your income is medium £605 if your income is high £895 if paid by your organization  includes 5 nights accommodation and all meals  Gill's training and experience in transpersonal psychology and organizational development provide the framework for her work as a coach and trainer in the areas of organizational development, leadership, personal and professional development, staff training, Process Work, supervision, conflict facilitation, specific skills for women in leadership, confidence building and a holistic approach to intentional design, monitoring and evaluation (Outcome Mapping). Christy has enjoyed a private practice in alternative dispute resolution since 1998. She has had contracts with various local, state, and national clients. she is a meditation trainer, arbitrator and facilitator and has developed and presented trainings in the areas of dispute resolution, cultural recognition and respect, family mediation, and domestic violence.  To book: https://www.findhorn.info/bookevent_plus.php?&name=Embracing%20Diversity%20in%20Conflict%20Facilitation&price1=455&price2=515&price3=605&date=140708&days=4&intro=&price_date=0

SAVE THE DATE for our next International Conference Aug. 25-26, 2008, in Santa Barbara, California "New Waves of Transformative Practice:  New Voices, New Frontiers, New Challenges" Contact us for the most up-to-date training in Transformative Mediation and Conflict Intervention! Visit us at  www.transformativemediation.org  Fulfilling the Promise of Mediation...

Web Sites of Interest:

Ohio Mediation Association: www.mediateohio.org

Ohio Commission on Dispute Resolution and Conflict Management: www.disputeresolution.ohio.gov/  

Ohio State Bar Association: www.ohiobar.org

Mediation Association of Northeast Ohio (MANO) www.manomediate.org

DIRECTIONS TO OMA MEMBERSHIP MEETING LOCATION—MCL CAFETERIA

Schrock & Westerville Roads, Westerville  Phone:  (614) 818-1700

All meetings begin at 11:00 AM with the program immediately following

From Western Ohi  Take I-70 East to I-270 North  Two exits past I-71 is Westerville Road  Take the part of the exit that will take you north on Westerville Road  Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center

From Southwestern Ohio:  Take I-71 North through town to I-270 East two exits to Westerville Road Take the part of the exit that will take you north on Westerville Road  Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center

From Northern Ohio:  Take I-71 South to I-270 East two exits to Westerville Road Take the part of the exit that will take you north on Westerville Road  Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center

From Eastern Ohio:  Take I-70 West to I-270 North to the Westerville Road exit  Take the part of the exit that will take you north on Westerville Road Either turn right at Schrock Road, left at the light at Otterbein Road, and left into the shopping center (first driveway on left) or cross Schrock Road to next light, turn right into shopping center and follow driveway to far end of the center