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January 2003

November 2003

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NEWSCASTER
Ohio Mediation Association

A Bi-Monthly Publication November 2003

President: Martha Antolik (937) 264-2336 E-mail: w004mla@woh.rr.com
President Elect/Newscaster Editor: Shirley Cochran (513) 732-7397 Fax: (614) 863-4775 E-mail: scochran@insight.rr.com or scochran@co.clermont.oh.us
Vice President: Jay Patterson (614) 447-8564 E-mail: jsphaedrus@ameritech.net
Treasurer: Dan DeStephen (913) 775-2067 Fax (937) 775-6152 E-mail: dandestephen@wright.edu
Secretary: Sheri Center (614) 231-1855 Fax (614) 864-1818 E-mail: findingcommonground@yahoo.com

Mark your Calendars for our exciting 2003-2004 meetings!!

December 5, 2003 Victoria Solomon, J.D., L.I.S.W., will be presenting “Ten Gifts a Mediator Brings to the Table”.

February 5, 2004 Jennifer Baader, RN, presenting Mediation in Healthcare

March 26, 2004 Annual Meeting at Fawcett Center OSU The Future of Credentialing and What it Means to Ohio Mediators. NOTE DIFFERENT DATE AND LOCATION THAN REGULAR MEETINGS!

All meetings to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice (Directions on back page)

UMA FORUMS
The OMA and the Ohio Community Mediation Association (OCMA) are co-sponsoring forums to discuss the Uniform Mediation Act (UMA) and its impact in Ohio (see the President’s Column below). The UMA has been sponsored and submitted to the Legislature as House Bill 303. Be part of the disussion on its impact on Ohio mediators and how to have concerns addressed during the legislative process. We know Cleveland’s forum will be January 7, 2004 in conjunction with a meeting of the Mediators of Norteast Ohio (MANO) and the discussion is to have Toledo in early December with Columbus either in December or January after Cleveland. A discussion area has been prepared at the following website for those who are not able to attend or would like to continue the discussions from the forums. Check the discussion for dates, times and locations of the other forums: www.ohiocommunitymediation.org/discus.

President’s Column
By Martha Antolik

Someone once said that timing is everything. It seems that in the dispute resolution field, timing is becoming increasingly important.

The week of October 27, 2003 saw the roll-out of the first of five forums to take place across the state for the purpose of providing information to mediators and other dispute resolvers about the Uniform Mediation Act. This Dayton forum, with coordination provided by the Dayton Mediation Center and sponsorship from OMA and the Ohio Community Mediation Association, also gave those in attendance the opportunity to ask questions and note their thoughts and concerns about what can now be called House Bill 303. Yes, the Uniform Mediation Act has been officially introduced within the Ohio legislature. Further UMA forums will be scheduled to take place in Cleveland, Toledo, and Columbus in the coming months.

While it is expected that the UMA will be passed, those who wish to offer comments and testimony either in support of, or opposition to, the Act will need to pay attention to the timing of these events as they unfold.

The Association for Conflict resolution’s third annual conference in Orlando held on October 16th through the 18th is another example of the crucial role of timing in dispute resolution. From keynote speaker George Mitchell telling a hushed crowd of the 701-day effort to reach a peace accord in Northern Ireland, where his efforts were branded by the media as a failure for the 700 days with no agreement, to the discussion of ACR-led developments such as a certification for mediators, and an Advanced Practitioner for Workplace Mediation designation now approved for the Workplace Section, our profession is unfolding and changing and all of us will need the gift of good timing to keep astride this movement.

And speaking of gifts, we welcome the gift of your presence as you join us for December’s meeting as we close out 2003 and make way for a new, exciting year.

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@mc.ohio.org I look forward to hearing from you

New Members and Additions/Corrections to the Directory:

New and renewing members may send applications to OMA’s President Elect, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068 Contact Shirley for membership applications or to provide updated addresses, phone numbers, etc, for OMA’s mailing lists and directory. A membership application can be sent electronically for your convenience or you can download it from the OMA website www.mediateohio.org. What follows is the list of all members, new and renewing as of October , 2003. If there is a correction or addition, please let Shirley know.

Corrections:

Findlay Municipal Court shows no information provided. The following is our information: Contact Person – Nancy Bachynski Phone – (419)424-7143 Mediation Areas – they can be civil or criminal in nature such as but not limited to – property damage, family disputes, neighborhood disputes, harassment, breach of peace, menacing threats, animal control, trespass, unpaid debts, unpaid rent

Susan Shostak’s number was wrong; should be (740) 681-1031

The latest name/address update in the OMA Newscaster blended 2 members (Roger Sorey and Kay Rogers). Roger L. Sorey, Butler County Domestic Relations Court, 515 High Street, 2nd Floor, Hamilton, OH 45011, ph. 513-887-3795, email: soreyr@butlercountyohio.org

Newscaster Material: Please send material for the Newscaster by the 20th of the even numbered months to permit publication in the newsletter The next deadline is December 20, 2003 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

REPORT FROM ACR’S THIRD ANNUAL CONFERENCE: OCTOBER 15-18, 2003, ORLANDO, FLORIDA More than 1,400 individuals from 18 countries attended the ACR’s Third Annual Conference in Orlando, October 15-18, 2003, making this conference one of the largest in recent years. The conference offered over 200 learning opportunities, including institutes, sessions, mini-plenary sessions, roundtables, and networking events. Many Sections took an active role at the conference by offering specialized learning sessions for their members, holding Section meetings and networking receptions. During the Welcoming Reception, ACR introduced its new Web site and cheered as Mickey Mouse made a special appearance. The following night, members danced to the tunes of a salsa band. The conference concluded with a closing Keynote Address, “Reflections of a Career Peacemaker,” by former Senator George Mitchell. He related humorous anecdotes from his initiation into the culture of the U.S. Senate, and talked candidly about the challenges he faced in working for peace in Northern Ireland and the Middle East.

Job Announcements: We have no announcements for this Newscaster, but there are some announcements that become available for the meetings Be sure to attend the meeting and check the Newscaster 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

ASSOCIATION OF CONFLICT RESOLUTION (ACR) 2004 ANNUAL CONFERENCE CALL FOR PROPOSALS: SUBMIT PROPOSALS ONLINE BEGINNING NOVEMBER 7, 2003 The 2004 Annual Conference Program Committee, chaired by Dan DeStephen and Gail Ervin, is planning a top-notch program for the conference, which will be held in Sacramento, California from September 29 to October 2, 2004. The request for proposals will be posted on the ACR Web site by November 7, 2003. The proposal submission deadline is December 12, 2003. The theme for the 2004 conference is “Valuing Peace in the 21st Century: Expanding the Art and Practice of Conflict Resolution.”

American Bar Association Section of Dispute Resolution Calendar of Events

February 7-8, 2004 – ABA Mid–Year Meeting/ DR Section Meetings San Antonio, Texas

Hilton Palacio del Rio (210)222-1400

April 15-17, 2004 – 6th Annual Section of Dispute Resolution Conference New York, New York Sheraton Hotels of New York, (212) 841-6490 Program Proposal Form: http://www.abanet.org/dispute/rf_proposals.doc

August 6-8, 2004 – ABA Annual Meeting/ DR Section Programs & Meetings Atlanta, Georgia

For additional information on meetings, contact: American Bar Association Section of Dispute Resolution, (202) 662-1687, dispute@abanet.org, or check www.abanet.org/dispute for updated schedules and information on upcoming meetings.

Federal Dispute Resolution: Using ADR with the United States Government, by Jeff Senger, is the definitive and comprehensive work for anyone involved in the ADR process, including those who represent the government, those who have disputes with the government, and those who serve as neutrals. Published by the American Bar Association Section of Dispute Resolution and Jossey-Bass, Federal Dispute Resolution offers valuable information about the benefits of ADR and outlines the laws and regulations that govern the field. The book includes guidance on how to determine which disputes are best suited to ADR, how the government selects ADR processes and neutrals, how to prepare for ADR, and how to advocate effectively in ADR. The author is Senior Counsel in the Office of Dispute Resolution at the United States Department of Justice. He advises and trains federal lawyers around the country in negotiation and alternative dispute resolution, having served as a federal mediator for the U.S. District Court; a civil, family, and criminal misdemeanor mediator for the Superior Court in Washington, D.C.; and an arbitrator for the Better Business Bureau and the District of Columbia Bar Association. “Those involved in a dispute with the Federal government will find Jeffrey Senger’s book on Federal Dispute Resolution a splendid reference. Senger knows the subject for he has been a leader in promoting the use of appropriate dispute resolution by federal agencies as an alternative to litigation.” – Janet Reno, Former Attorney General. “Mr. Senger’s wise and practical book makes the case for using the techniques of ADR to resolve federal disputes.” – James A. Baker III, Former Secretary of State, Secretary of the Treasury, and White House Chief of Staff. Order from Jossey Bass at (877) 762-2974, or save 15% by ordering online at www.josseybass.com by October 31 and putting promotion code WA4F5 in the discount information field on the order form.

TRAINING & WORKSHOPS:

Mediation Association of Northeast Ohio Presents: Barbara Madonik, author of “I Hear What You Say, But What Are You Telling Me” Vital Communication Tools for Mediators, Lawyers and Social Workers *This course has been approved by the Ohio Supreme Court Commission on continuing Legal Education for 5.00 total CLE credit hour(s) with 0.00 of ethics, 0.00 hour(s) of professionalism and 0.00 of substance abuse instruction and application has been made for 5.00 CEU credits

When: Friday – December 12, 2003 8:00 a.m. – Registration and Continental Breakfast 9:00 a.m. – 3:30 p.m. – Presentation

Where: Penton Media Building 1300 East 9th Street- Room Cleveland, Ohio 44114

BARBARA MADONIK has been invited to the United Nations because of her unique ability to head off and resolve conflict using unique communication skills. Communication consultant, mediator, and trial strategist extraordinaire she pioneered the practical use of nonverbal communication in Canada’s legal system. Ms. Madonik works with organizations, individuals, government, universities, colleges, law schools and law firms. Author of the landmark book, I Hear What You Say, But What Are You Telling Me?, her energized programs have become standing-room-only events.

*More information about Ms. Madonik and her book can be found at www.unicomcommunication.com

Seating is limited – Register NOW !! Registration before December 1, 2003 is only: $65.00 for non-MANO members $50.00 for MANO members Registration after December 1, 2003: $75.00 for non-MANO members $60.00 for MANO members A continental breakfast is included with the training session. Lunch will be on your own. Please send the attached registration form to: Michelle Crew, MANO – Professional Education Committee 1660 West Second Street – Suite 850 Cleveland, Ohio 44113-1412 (216) 522-7656 Co-sponsored by: Ulmer & Berne LLP

And The U.S. Equal Employment Opportunity Commission – Cleveland District Office“Ensuring the Freedom to Compete in the Workplace”

Cleveland Mediation Center United Office Building, Suite 906 2012 West 25th Street Cleveland, Ohio 44113 Basic Mediation Training for Winter/Spring 2004 January 17 (Sat.9-5), January 21 (Wed. 5-9), January 24 (Sat.9-5) March 29 (Mon. 9-5), March 31 (Wed. 9-1), April 5 (Mon. 9-5) Spring 2004 Divorce Mediation Training- 40 hour training; pre-requisite: basic mediation             training March 5 (Friday evening), March 6, March 7, March 19 (Friday evening), March 20, March 21  Presenters include Dan Joyce and Wendy Hawbaker For further information contact:  Bob Curtis, Training Co-ordinator Phone: (216) 621-1919, extension 500 Fax: (216) 621-3202 E-Mail training@clevelandmediation.org www.clevelandmediation.org

Collaborative Family Law Training presented by John L. McElwee, JD. Thursday and Friday, December 4 & 5, 2003 at the Radisson Hotel Worthington (Columbus), Ohio. Cost $425 ($450 after November 15th) Contact John L. McElwee PO Box 42414, 9902 Carver Road, Cincinnati OH PhoneL513) 984-1811, Fax (513) 984-1812 e-mail: McElweeLaw@aol.com.

Basic Mediation Training with Marie Hill and Lou Ann Wood at Beech Acres Mediation Center, January 29-30, 2004.  To register or receive a brochure, e-mail Marie at mhill@beechacres.org or call 513-231-6630.

Community Mediation Services of Central Ohio and the Columbus Bar Association present Basic Mediation Training February 4 & 5 or April 14 & 15, 2004; 40 Hour Domestic Mediation Training May 5, 6, 11, 12, 13, 2004. Presenter Shelley Whalen, LSW, Executive Director of CMS and a past president of OMA Schedule 8:30 AM-6:00 PM, 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, 2nd Floor, Columbus OH 43215.

Capital University Law School Center for Dispute Resolution

Basic Mediation and Advanced Mediation Training Information 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

Conflict Management Services
Presenters Cheryl M Lowry, Ph D, Robert N Wistner, JD, Leslie Martin, BA, and Kenneth T Davis, BA Contact Cheryl (614) 488-4540, Suite 126, 1500 W Third Avenue, Columbus, OH 43212 E-mail: cms@iwaynetnet Website: www.conflictmgmt.com

UNIFIED MEDIATION Designed for experienced mediators, this training introduces you to the unique theory and methodology of Gestalt which will strengthen and deepen your skills and help you reach the “next level” of your expertise in working with disputants. Workshop Description: Mediation is a process of problem solving, empowerment, and resolution. Gestalt theory and methodology are processes of awareness, action, contact and completion. Gestalt theory is based upon and grounded in perceptual psychology, holism, field and systems theory. In the hundred years since its initial development it has been studied, refined and applied with excellent results to individuals and groups of people in both therapeutic and organizational (including business) contexts. This workshop examines mediation and conflict resolution from a Gestalt perspective and teaches mediators how Gestalt processes can enhance and refine customary mediation work. Using the Cycle of Experience as the organizing framework, participants will learn and work through the stages of a mediation applying a variety of Gestalt tools and concepts. Through presentation of theory, and skill development exercises, participants will 1) learn the power of “use of self as intervenor,” 2) enhance their practice by understanding how to work with resistance, and 3) develop skill to work with the underlying energetic process of mediation. We are offering the course on two dates and at two different locations for your convenience. Register with the location at which you want to attend the workshop. Both sessions will start on Thursday at 3:00 and end on Sunday at 12:00 CLEs and CEUs will be available.

Ø April 29-May 2 at the Gestalt International Study Center on Cape Cod (www.gisc.org)

508/349-7900

Ø August 13-16 at the Gestalt Institute of Cleveland (Ohio) (www.gestaltcleveland.org) 216/421-0468

MEDIATION TRAINING & CONSULTATION INSTITUTE ANNOUNCES 40 HOUR DIVORCE AND CUSTODY MEDIATION TRAININGS (Mich., PA, IL) December 3-5 and 9-10, 2003 Ann Arbor, Michigan Faculty: Zena D. Zumeta, J.D., and associates “The best training in the field of mediation that I’ve been to!” Michigan Participant, 2002 To register or for more information, call 1-800-535-1155 or (734) 663-1155 or visit the MTCI website at www.learn2mediate.com Register one month prior to session start date and receive an early registration discount.

Interaction 2004 – Canada’s largest conflict resolution conference. Next year around this time, we hope to warmly welcome you to Kitchener-Waterloo on June 2-5, 2004 for Interaction 2004 – Canada’s largest conflict resolution conference! At Interaction 2004, we will celebrate the struggles and triumphs of 30 years of conflict resolution in Canada. Inspiring keynote speakers, ground-breaking workshops and an outstanding conference ambiance make this another “must attend” conference of Conflict Resolution Network Canada! In the heartland of Ontario, you will experience special events like “Oktoberfest in June,” an outdoor “Plenary in the Park,” an Aboriginal Drama and Art Exhibit, the world famous Kitchener Farmer’s Market and a star studded Peace and Music Gala at Kitchener City Hall. While in the area, take a short drive to the world renowned Stratford Festival Theatre, Niagara Falls, or visit the charming village of St. Jacobs. A “Call for Proposals” for workshop presenters will go out in September 2003. We’ll keep you posted as we develop our full roster of speakers and events. Conflict Resolution Network Canada Réseau pour la Résolution de Conflits Canada Conrad Grebel University College, University of Waterloo Waterloo, ON N2L 3G6 Phone: (519) 885-0880  Fax: (519) 885-0806 Web site: www.crnetwork.ca

40-Hour Basic Mediation Training – University of Houston Law Center Blakely Advocacy Institute A.A. White Dispute Resolution Center December 1-5, 2003 (Monday – Friday) and January 16-18 continuing January 23-25, 2004 (Friday, Saturday & Sunday) Fee: $985 Contact Robyn G. Pietsch to register at 713.743.2066

Public Policy Dispute Resolution Date: December 3-5, 2003 Where: Center for Public Policy Dispute Resolution at The University of Texas School of Law, 512.471.3507 or www.utexas.edu/law/cppdr Cost: $595 This interactive program provides instruction on the management of complex public policy disputes through consensus building and building organizational systems for collaboration and conflict management.  Participants will learn how to negotiate effectively for their interests, how to choose the appropriate process for public participation, how and when to use third-party professionals, and principles for establishing systems that promote collaboration before disagreements become expensive disputes.

40-Hour Basic Mediation Date: January 12-16, 2004 Where: Center for Public Policy Dispute Resolution at The University of Texas School of Law , 512.471.3507 or www.utexas.edu/law/cppdr Cost: $895 for Government/Non-Profit; $1,045 for Private

This five-day program is designed to provide individuals with the knowledge and skills necessary to mediate a variety of disputes.  During frequent role-plays, each participant will mediate a variety of disputes with feedback by experienced coaches.  This course is designed to satisfy the 40 classroom hours of training required by the Texas Alternative Dispute Resolution Act § 154.052 and is required of those individuals interested in mediating court-referred disputes. Contact: Vicki Read Center for Public Policy Dispute Resolution 512.232.1991 or 512.471.3507 http://www.utexas.edu/law/cppdr

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Web Sites of Interest:

Ohio Commission on Dispute Resolution and Conflict Management: www.state.oh.us/cdr
Ohio Mediation Association: www.mediate.ohio.org
Ohio State Bar Association: www.ohiobar.org
The Conflict Resolution Master of Arts degree program at Antioch University/McGregor School www.mcgregor.edu
The Academy of Management, Conflict Management Division has their new newsletter on-line at http://aompace.edu/cmd/newslett/newsletter2001.htm

“Addressing the Redress: A Discussion of the Status of the United State’s Postal Service’s Transformative Mediation Program” by Professor Lisa B Bingham, Indiana University School of Public and Environmental Affairs Cardozo On-Line Journal of Conflict Resolution, Vol 2, 2001, http://www.cardozoyu.edu Go to Publications, then On Line Journal, Current Volumes, Volume 2 No 2, and Symposia and it is the first article.

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 Ohio: 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

 

Ohio Mediation Association
c/o Ohio Commission on Dispute
Resolution and Conflict Management
77 South High Street, 24th Floor
Columbus OH 43215-6108

September 2003

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NEWSCASTER
Ohio Mediation Association

A Bi-Monthly Publication September 2003

President: Martha Antolik (937) 264-2336 E-mail: w004mla@woh.rr.com
President Elect/Newscaster Editor: Shirley Cochran (513) 732-7397 Fax: (614) 863-4775 E-mail: scochran@insight.rr.com or scochran@co.clermont.oh.us
Vice President: Jay Patterson (614) 447-8564 E-mail: jsphaedrus@ameritech.net
Treasurer: Dan DeStephen (913) 775-2067 Fax (937) 775-6152 E-mail: dandestephen@wright.edu
Secretary: Sheri Center (614) 231-1855 Fax (614) 864-1818 E-mail: findingcommonground@yahoo.comMark your Calendars for our exciting 2003-2004 meetings!!

October 3, 2003 WAVE: youth peer mediators organization from Cleveland, Ohio who were recognized by the White House. Carol Close, Coordinator and several peer mediators will be at our meeting

December 5, 2003 Victoria Solomon, J.D., L.I.S.W., will be presenting “Ten Gifts a Mediator Brings to the Table”.

February 5, 2004 TBA

March 26, 2004 Annual Meeting at Fawcett Center OSU The Future of Credentialing and What it Means to Ohio Mediators. NOTE DIFFERENT DATE AND LOCATION THAN REGULAR MEETINGS!

All meetings to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice (Directions on back page)

Editorial Note: Normally when I use articles written and published elsewhere, I note the source and through an error last newsletter, an article was used without reference. The article “Dispute Resolution Clauses Keep the Faith” was from the ABA (American Bar Association) Journal e-Report of Friday May 30, 2003. I apologize for any inconvenience that may have caused.

Chinese idiom: Turn a large issue into a small one, then turn the small one into none.

Read More

July 2003

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NEWSCASTER
Ohio Mediation Association

A Bi-Monthly Publication July 2003

President: Martha Antolik (937) 264-2336 E-mail: mantolik@coax.net
President Elect/Newscaster Editor: Shirley Cochran (513) 732-7397 Fax: (614) 863-4775 E-mail: scochran@insight.rr.com or scochran@co.clermont.oh.us
Vice President: Jay Patterson (614) 447-8564 E-mail: jsphaedrus@ameritech.net
Treasurer: Dan DeStephen (913) 775-2067 Fax (937) 775-6152 E-mail: dandestephen@wright.edu
Secretary: Ed Krauss (614) 752-9595 E-mail: Ed.Krauss@cdr.state.oh.us

 

Mark your Calendars for our exciting 2003-2004 meetings!!

August 1, 2003 A Domestic Violence Mediation Program from Clermont County

Juvenile Court. Presentation by Lou Ann Wood, Mediator and

Carolin Baker, Manager of the Clermont County program.

October 3, 2003 WAVE: youth peer mediators organization from Cleveland, Ohio who were recognized by the White House Carol Close, Coordinator and several peer mediators will be at our meeting

December 5, 2003 Victoria Solomon, J.D., L.I.S.W., will be presenting “Ten Gifts a Mediator Brings to the Table”.

February 5, 2004 TBA

March 26, 2004 Annual Meeting at Fawcett Center OSU The Future of Credentialing and What it Means to Ohio Mediators. NOTE DIFFERENT DATE AND LOCATION THAN REGULAR MEETINGS!

All meetings to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice (Directions on back page)

 

President’s Column
By Martha Antolik

What is the role of a statewide mediation organization? Is our primary goal to be a source for networking? Who needs to network—and why? Should the Ohio Mediation Association direct its energies to the needs of struggling private practitioners who may be wondering if perhaps a move to another career field might be in order? Or, should our highest-priority focus be the mediator who’s working for the courts or the schools?

These are questions that we’ll be asking you soon as we look to keep OMA relevant to Ohio’s mediation community now and in the future.

Our field of dispute resolution has been hard hit by the downturn in the economy. Some court and municipal programs throughout the state have either faced sever cutbacks due to a shrinking financial base of support—and some have died. The Ohio Commission on Dispute Resolution and Conflict Management, which has supported OMA in numerous ways throughout the years, recently survived the possibility of being “zeroed-out” of the state budget. These are hard times and the hope of those who serve OMA on the executive committee is that members still want to be members, and can and will remain active in the field.

And speaking of questions for members–OMA will be undertaking a project with the Ohio Community Mediation Association to hold a series of statewide forums about the Uniform Mediation Act. What we’re hoping is that you show up and give us your thoughts, ideas and feedback. Stay tuned for more information about this project, which is being supported by the Ohio Commission on Dispute Resolution and Conflict Management.

 

OMA Has New Secretary

Ed Krauss, Director of Community and Court Programs for the Ohio Commission on Dispute Resolution and Conflict Management, has accepted the position of Secretary for OMA. He will be responsible for maintaining the membership database and for taking minutes at meetings.

Comments and corrections regarding membership information should be sent to Ed at ed.krauss@cdr.state.oh.us, or faxed to 614 752 9682. His phone number is 614 752 9681.

 

Commission Survives Budget Axe

As most of you know, the Ohio Commission on Dispute Resolution and Conflict Management has just come through several tense months, not knowing if it would be in the State’s budget for fiscal years 2004 and 2005. On June 20, just before its operating budget expired on the last day of June, the Commission learned it was included in the final budget bill that came out of the House/Senate Conference Committee.

The campaign to keep the Commission open included letters, emails, phone calls, and personal contacts with legislators for much of the past four months from across the state. The six members of the Commission, and their Commissioners [board of directors], wish to express their sincere thanks for this warmhearted and generous outpouring of support and expressions of confidence in the value of their work.

 

 

Presenter for June 2003 Susan Tucker, Community Outreach Director Summit County

Informal Hearings prepared by Sandra Fredrick ************************************************************************

At the June OMA meeting, Susan Tucker presented information about Summit County DR Court’s Informal Proceedings program. The procedures for this program are set out in their local rules and they specify that only post decree parenting issues are to be addressed at these hearings, and that the parties involved must not have motions pending before the court.

The parties fill out a request form that is reviewed by the Community Outreach Director, Susan Tucker, to ensure the case is appropriate for the informal hearing process. The parties meet one time with Susan for approximately two hours. Susan uses mediation skills to help the parties identify and clarify issues, but says she is more directive with parties than she would be in a traditional mediation. In these hearings it is not uncommon for her to tell the parties what the court expects from them and what they can expect from the court. She says that Judge Nicely and Judge Dezso have established clear guidelines as to what is expected of parents under certain circumstances.

If the parties reach a consensus, they write up their agreement using an Agreed Entry form. It is necessary for the parties to prepare the agreed order themselves to prevent Susan from being perceived as illegally practicing law. Susan takes the agreed order to a judge to sign. Once signed, the parties take the order to the clerk’s office to be filed. There is no fee, other than the filing fee, for this service.

 

Dan Dobbs is the Family Court Services Coordinator in Summit County who was also to be present that day. He was not able to be with us since he is serving with the armed forces. We send good wishes to Dan from the OMA. Thanks again to Susan Tucker of Summit County for presenting to the OMA.

Food for thought………..

Susan commented that she found the telling of the story very significant to the process looking for the underlying issues. During our discussion we found it interesting that they would be able to predict an outcome of any set of circumstances in the legal setting. I personally found the idea of allowing parties to write their own agreement thought provoking. Would they feel more committed to the agreement? There were some at the session that would not consider allowing the writing of the agreement. Would it depend on the type of mediation? I have heard it stated before by mediators to never give up the pen or marker?

Lawyer as Problem Solver Award Goes to Charles A. Asher and to the United States Air Force The ABA Section of Dispute Resolution Lawyer as Problem Solver Award cosponsored this year by the Section of Public Contract Law will recognize Family Lawyer and Mediator Charles A. Asher and the United States Air Force with the Lawyer as Problem Solver Award.  Mr. Asher will be recognized for his investment of enormous time and resources and his application of insight and creativity in developing a web-based instrument to help divorcing parents reduce the adverse consequences of conflict and divorce on their children. The United States Air Force will be recognized for its outstanding dispute resolution programs in contract, workplace, and labor-management disputes in which it established the procedural guidelines for integrating ADR as an essential part of the processes by which the Air Force resolves its disputes. The tickets are $50 and can be purchased on line at www.abanet.org/annual/2003 or call the Section Staff office at (202) 662-1680. The presentation will occur on Friday, August 8 in Room 104-Exhibitor Level of the Presidential CLE Center Moscone Convention Center – South. The purpose of the award is to recognize lawyers who in their professional capacities use their lawyering and problem-solving skills to forge creative solutions.  The Section of Dispute Resolution is dedicated to assisting lawyers and neutrals in acquiring and applying skills that permit innovative and efficient resolution of conflict.  The award is given to a member of the legal profession who has exhibited extraordinary skill in either promoting the concept of the lawyer as problem-solver or resolving individual, institutional, community, state, national, or international problems. Recipients are acknowledged for their use or promotion of collaboration, negotiation, mediation, counseling, decision-making, and problem-solving skills to help parties resolve a problem in a creative and novel way. Jack Hanna 202-662-1690 740 15th Street NW Washington, DC 20005 Fax 202-662-1683 hannajack@staff.abanet.org Web: http://www.abanet.org/dispute Save the Dates: ABA Annual Meeting, August 8-10 San Francisco Section of Dispute Resolution Annual Spring Conference April 15-17,2004 New York City Celebrating Ten Years of Service to the Dispute Resolution Profession


Friday, May 30, 2003 ABA Journal E-Report © American Bar Association


DISPUTE RESOLUTION CLAUSES KEEP THE FAITH

Many Clients Asking for Mediation Under Christian Principles

BY MARGARET GRAHAM TEBO

The question some lawyers’ Christian clients are asking these days is, “What would Jesus do?”

Those clients are seeking religious guidance for their legal relationships, and are incorporating mandatory dispute resolution clauses into contracts that call for using biblical principles in arbitration or mediation. In at least two cases, courts have accepted such clauses.

At the heart of the movement is the Institute for Christian Conciliation, part of Billings, Mont.-based Peacemaker Ministries, a nonprofit association founded in 1982. The central idea is the concept of Christian conciliation, coined in the early 1980s by a group of lawyers who met regularly for Bible study and prayer. The group concluded that certain Bible passages call upon Christians to settle their disputes within the church family.

Increasingly, lawyers are being asked by clients to incorporate conciliation clauses into legal documents, says Lynn Pace, director of the Institute for Christian Conciliation, which was founded in 1993. Such clauses typically require the parties to attempt to resolve their disputes using Christian principles, first by negotiating with one another, then by attending mediation sessions moderated by a Christian conciliator certified by the institute, says Pace, an attorney.

Ultimately, if necessary, the parties may seek binding arbitration following the rules for Christian conciliation, she says. According to Pace, there are about 90 conciliators nationwide. Some are lawyers; the rest are mostly clergy and professional counselors.

The institute has even promulgated the Rules of Procedure for Christian Conciliation, a set of guidelines that require parties to use both legal and biblical principles in mediations and arbitrations, Pace says.

At least one court has found the clause to be a binding arbitration agreement. In Encore Productions Inc. v. Promise Keepers, 53 F. Supp. 2d 1101 (D. Colo. 1999), the court found that the parties had contractually agreed to binding arbitration by a Christian conciliator.

In another case, Prescott v. Northlake Christian School, 244 F. Supp. 2d 659 (E.D. La. 2002), the court confirmed an award by a Christian arbitrator. The opinion said the arbitrator had the authority to find that a Christian school breached its employment agreement with a teacher because it did not follow biblical principles as called for in the contract. The arbitrator said those principles required the school to attempt conciliation before firing the teacher.

The parties had agreed to submit themselves not only to the civil law but to biblical authority, said the court, and an arbitration award cannot be overturned simply because the arbitrator fashioned a remedy that would not have been available to the court.

Such arbitration clauses between similarly situated individuals are generally enforceable, says Northwestern law professor Steven Lubet. Problems of enforceability might arise if such a clause were used in a contract in which the terms are not negotiable, such as in a secular employment contract.

“I think it would be a real challenge to enforce an adhesion contract like that, where someone is forced into a religious arbitration over the terms of their employment where the employer is not a religious organization, but is, say, a big department store owned by someone who wants to use this clause,” says Lubet, an expert in alternative dispute resolution.

Lubet notes that Judaism has long had a tradition of parties agreeing to settle disputes by a panel of rabbis, though those decisions are not typically legally binding in secular courts because there is no similar arbitration language.

A typical conciliation clause for a contract offered by the institute reads: “The parties to this agreement are Christians and believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15-20; Corinthians 6:1-8). Therefore the parties agree that any claim or dispute arising from or related to this agreement shall be settled by biblically based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries.”

One attorney who has used the Christian conciliation clause is JoAnn Schmitz, a solo practitioner in Colorado. At first, she says, she worried that the process would weaken her client’s rights in a dispute. But she included an opt-out clause, so she agreed to include conciliation language in the client’s contract. She says she also found that under the rules, parties may negotiate a requirement of mutual agreement for the case administrator selection, specific requirements for the mediator’s or arbitrator’s training, limits on administration expenses and other typically negotiable elements. The process also allows for parties to bring secular law into the discussion and to have attorneys present.

Lubet says that finding new methods of resolving disagreements is generally beneficial, so long as religious forums are not forced on parties who don’t wish to participate.

“In a pluralistic society, it’s good to experiment with other means of dispute resolution, but it’s not good to impose it on people who have had second thoughts,” he says.

SOUTHERN CALIFORNIA MEDIATION ASSOCIATION FILES HISTORIC AMICUS BRIEF IN ROJAS CASE Courageous Stand Against Conventional Wisdom in Mediation World Essential to Preserving Mediation Integrity; Brief Supports Petitioners’ Claim that the Mediation Confidentiality Statute Does Not Apply to Raw Data or Non-Derivative Evidence Disclosed in Discovery During Mediation LOS ANGELES –  The Southern California Mediation Association (“SCMA”) announced (May 22, 2003) its historic, first-ever filing of an Amicus Curiae brief, in support of the petitioners in Rojas v. Superior Court, 102 Cal. App.4th 1062 (2002).  Rojas held that the mediation confidentiality statute, California Evidence Code § 1119, does not apply to raw data or “non-derivative” evidence disclosed in a mediation, and provides only a qualified protection for “amalgamated materials” such as charts and diagrams prepared by an attorney and disclosed in a mediation.

In Rojas, tenants requested that a developer produce photographs and related materials in discovery.  The developer had previously used the photos in a related case, which was subsequently settled.  In Rojas, the developer then claimed that the settlement negotiations in the earlier case amounted to a “mediation” and that the materials were “prepared for mediation” within the meaning of the Evidence Code.  The Court of Appeal ruled that the developer should produce the photos notwithstanding the “mediation confidentiality” arguments he asserted.  SCMA supports this position.

“We realize that this position may seem counter-intuitive to some,” stated SCMA President, Esther Carson Bleuel.  “We also acknowledge that this may not be the conventional wisdom.  However, as a board, we deliberated long and hard before voting overwhelmingly in favor of taking this position.  In the final analysis, we are absolutely not against mediation confidentiality; far from it – rather, we are in favor of mediation integrity.”

The SCMA brief, written by Wendy Lascher of Ventura and SCMA Board Member Jeff Kichaven of Los Angeles, supports the majority opinion of Justice Lillie of the Court of Appeal that permitted discovery of the photographs and other documents that were the subject of this dispute.  The brief makes it clear that the California Evidence Code provides a valuable mechanism to keep confidential documents and evidence that are “prepared for mediation,” when those materials are so designated in advance.  Rojas merely prohibits parties from exploiting the confidentiality statute or obstructing the administration of justice.  In particular, the SCMA brief makes the following points:

I.      Affording absolute confidentiality to all evidence belatedly claimed to have been “prepared for mediation” would destroy the integrity of mediation and the integrity of litigation as well. A. A rule of absolute confidentiality conflicts with the legislative goal of encouraging mediation. B. The Foxgate decision does not require that evidence prepared for mediation automatically be afforded absolute confidentiality. C.  In this instance, Evidence Code Section 1119 does not apply because the settlement proceeding in the earlier related case was in fact, not a mediation.

II.     A party who intends to claim mediation confidentiality must identify evidence as prepared solely for mediation at the time the evidence is disclosed at the mediation.

“SCMA has a responsibility to provide leadership and support to the mediation community,” stated SCMA Board Member, Jeff Kichaven. “The SCMA board feels it is vital to protect the integrity of mediation and to encourage public confidence in its use.  The primary goal and value of mediation is to foster informed self-determination in the resolution of conflict.  In the context of litigated cases, mediation helps courts manage crowded dockets, serves the interests of clients in achieving settlements when reasonably possible, and assists the public in the administration of justice.  Mediation can serve these goals only if its integrity is preserved, and that requires the Supreme Court to affirm the Court of Appeals’ decision in Rojas.  We didn’t think anyone else in the mediation community was going to step forward and say so – that’s why the SCMA Board was so courageous in voting as it did.”

The Southern California Mediation Association was founded in 1989 to respond to the growing interest in mediation as a profession and in mediation as an effective adjunct or alternative to other forms of problem solving.  SCMA has approximately 500 members and is Southern California’s leading provider of continuing professional education for mediators.  For more information, please visit the SCMA’s web site at www.scmediation.org.

Networking & Resource Center for Mediation Program Managers — Build the Quality of Your Mediators The Keybridge Foundation, in collaboration with CRInfo and funded by the Hewlett Foundation, is pleased to announce the launch of the Clearinghouse for Mediation Program Managers website. This website will enable mediation program managers to network with other programs, share knowledge and expertise, and exchange information about current mediator management practices. Our focus is on assisting program managers as they create and manage rosters of mediators. Please visit the site at www.crinfo.com/mediation-program-managers. If you manage a roster, fill out our questionnaire of Mediation Program Roster Practices so that we can begin to collect data for the Clearinghouse. The data from many programs will in turn be helpful for you in developing or improving your own program. Whether the program serves a court system, community mediation center, state or federal agency, or private referrals, the Clearinghouse provides links, articles, and tools to support mediation program managers. Please direct feedback to adr@keybridge.org.

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@mc.ohio.org I look forward to hearing from you

 

New Members and Additions/Corrections to the Directory:

New and renewing members may send applications to OMA’s President Elect, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068 Contact Shirley for membership applications or to provide updated addresses, phone numbers, etc, for OMA’s mailing lists and directory. A membership application can be sent electronically for your convenience or you can download it from the OMA website www.mediateohio.org.

 

Networking & Resource Center for Mediation Program Managers — Build the Quality of Your Mediators The Keybridge Foundation, in collaboration with CRInfo and funded by the Hewlett Foundation, is pleased to announce the launch of the Clearinghouse for Mediation Program Managers website. This website will enable mediation program managers to network with other programs, share knowledge and expertise, and exchange information about current mediator management practices. Our focus is on assisting program managers as they create and manage rosters of mediators. Please visit the site at www.crinfo.com/mediation-program-managers. If you manage a roster, fill out our questionnaire of Mediation Program Roster Practices so that we can begin to collect data for the Clearinghouse. The data from many programs will in turn be helpful for you in developing or improving your own program. Whether the program serves a court system, community mediation center, state or federal agency, or private referrals, the Clearinghouse provides links, articles, and tools to support mediation program managers. Please direct feedback to adr@keybridge.org.

 

FMCS PROPOSES REGULATION THAT WOULD CREATE A PRIVATE-SECTOR MEDIATORS’ REGISTRY. In May, 2003, a regulation was proposed in the Federal Register to create a registration system under the administration of the Federal Mediation and Conciliation Service (FMCS). The registry would improve public access to experienced private-sector mediators according to FMCS officials. Officials provided 60 days for comment which will expire July 1, 2003. The plan is to have the registry in operation in 2004. Check out the access to the regulation through the FMCS website: www.fmcs.gov. The FMCS created in 1947, is an independent agency whose mission is to preserve and promote labor-management peace and cooperation. Headquartered in Washington, DC, with five regional offices and more than 70 field offices, the agency provides mediation and conflict resolution services to industry, government agencies and communities.

 

Newscaster Material: Please send material for the Newscaster by the 20th of the even numbered months to permit publication in the newsletter The next deadline is August 20, 2003 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

 

Job Announcements: We have no announcements for this Newscaster, but there are some announcements that become available for the meetings Be sure to attend the meeting and check the Newscaster 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

 

University of Cincinnati Wins the 2003 Representation in Mediation Competition.

(From Just Resolutions, May 2003, Vol. 8, No. 3 Issue No. 23, the Newsletter of the American Bar Association Section of Dispute Resolution.)

Two students from the University of Cincinnati College of Law won the 2003 Representation in Mediation Competition in San Antonio on March 20, 2003. The championship team members are Patricia Foster and Susan Coan, coached by Marjorie Aaron. In this fourth annual competition sponsored by the American Bar Association Section of Dispute Resolution and the American College of Civil Trial Mediators, 88 teams from 46 different law schools competed in regionals across the country. The top team from each regional advanced to compete in the National Competition in San Antonio. The 2004 National Competition will be held in conjunction with the Section’s Spring Conference in New York City, April 15-17. Regionals will be held in early March, 2004 For more information about the competition see the Section’s website or call (202) 662-180.

 

American Bar Association Section of Dispute Resolution Calendar of Events

August 8-10, 2003 – ABA Annual Meeting/ DR Section Programs & Meetings

San Francisco, CA San Francisco Marriott – DR Section hotel, business meetings and programs

Presidential CLE Center – Moscone Convention Center, South – CLE Programs

See DR Section schedule: www.abanet.org/dispute/annual03.pdf

September 12, 2003 – International Dispute Resolution By the Rules: Opportunities in Mediation and Arbitration Washington, D.C. The Ritz-Carlton, (202) 835-0500

http://www.abanet.org/dispute/internationalarbconfdcflier.pdf

October 9-10, 2003 – Third Annual Indian Tribes, Natural Resources and ADR Conference

Durango, CO Sponsored by The Environment and Natural Resources Committee For more information, contact Heather Sibbison at hsibbison@pattonboggs.com.

November 13-14, 2003 – The Second Annual National Institute on Advanced Mediation and Advocacy Skills Training Philadelphia, PA ABA Center for Continuing Legal Education: http://www.abanet.org/cle/programs/n03mst1.pdf

February 7-8, 2004 – ABA Mid–Year Meeting/ DR Section Meetings San Antonio, Texas

Hilton Palacio del Rio (210)222-1400

April 15-17, 2004 – 6th Annual Section of Dispute Resolution Conference New York, New York Sheraton Hotels of New York, (212) 841-6490 Program Proposal Form: http://www.abanet.org/dispute/rf_proposals.doc

August 6-8, 2004 – ABA Annual Meeting/ DR Section Programs & Meetings Atlanta, Georgia

For additional information on meetings, contact: American Bar Association Section of Dispute Resolution, (202) 662-1687, dispute@abanet.org, or check www.abanet.org/dispute for updated schedules and information on upcoming meetings.

Request for proposals: You are invited to submit proposals for the Section of Dispute Resolution Sixth Annual Spring Conference in New York on April 15-17, 2004.    Please click here to log on the Section’s web page http://www.abanet.org/dispute/rf_proposals.doc to get the Request for Proposals form for the Sixth Annual Spring Conference.  Please note the April 15-17, 2004 dates for the conference and consider submitting a proposal by the August 29, 2003 deadline. Jannice Hodge-Bannerman Meetings Manager American Bar Association Section of Dispute Resolution 740 15th Street NW Washington, DC 20005 Phone: 202 662 1687 Fax: 202 662 1683 hodgej@staff.abanet.org http://www.abanet.org/dispute Celebrating Ten Years of Service to the Dispute Resolution Profession

 

TRAINING & WORKSHOPS:

Basic Mediation Training with Marie Hill and Lou Ann Wood at Beech Acres Mediation Center, Sept. 25-26, 2003 and January 29-30, 2004.  To register or receive a brochure, e-mail Marie at mhill@beechacres.org or call 513-231-6630.

Community Mediation Services of Central Ohio and the Columbus Bar Association present Basic Mediation Training July 16 & 17, or September 16&17, 2003 40 Hour Domestic Mediation Training October 15, 16, 21, 22, 23, 2003 Presenter Shelley Whalen, LSW, Executive Director of CMS and a past president of OMA Schedule 8:30 AM-6:00 PM, 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

 

Capital University Law School Center for Dispute Resolution

Basic Mediation and Advanced Mediation Training Information 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

 

Conflict Management Services

Presenters Cheryl M Lowry, Ph D, Robert N Wistner, JD, Leslie Martin, BA, and Kenneth T Davis, BA Contact Cheryl (614) 488-4540, Suite 126, 1500 W Third Avenue, Columbus, OH 43212 E-mail: cms@iwaynetnet Website: www.conflictmgmt.com Basic Mediation: July 10-11, Aug. 7-8, Sept. 4-5, 2003; Divorce Mediation: July 23-25 & 31-Aug. 1, 2003; Sept. 10-12 & 18-19, 2003; Mediating Divorce Finances: Aug. 21-22, 2003; Transformative Mediation: Aug. 28-29, 2003; Principled Negotiation: July 15-16, 2003; Mediating with Teenagers: Aug. 12, 2003; Group Facilitation: July 29, 2003.

 

ACR Conferences: Association for Conflict Resolution (a merged organization of AFM, CREnet and SPIDR) 1527 New Hampshire Ave, NW Washington, DC 20036 Tel: 202-667-9700 Fax: 202-265-1968 E-mail: acr@acresolution.org Web: http://www.acresolution.org

ACR’S FAMILY SECTION CONFERENCE A Family Affair: Making Room at the Table July 10-13, 2003 Hyatt Hotel, Denver, CO

SAVE THE DATE: ACR’S THIRD ANNUAL CONFERENCE The World of Conflict Resolution: A Mosaic of Possibilities October 15-18, 2003 Orlando, Florida USA

 

 

MEDIATION TRAINING & CONSULTATION INSTITUTE ANNOUNCES 40 HOUR DIVORCE AND CUSTODY MEDIATION TRAININGS (Mich., PA, IL) July 14-18, 2003 Chicago, Illinois August 4-8, 2003 Ann Arbor, Michigan December 3-5 and 9-10, 2003 Ann Arbor, Michigan Faculty: Zena D. Zumeta, J.D., and associates “The best training in the field of mediation that I’ve been to!” Michigan Participant, 2002 To register or for more information, call 1-800-535-1155 or (734) 663-1155 or visit the MTCI website at www.learn2mediate.com Register one month prior to session start date and receive an early registration discount.

 

Resolving Workplace Deputes Involving Individuals with Disabilities: Institute for ADA Mediation, A program of the Access Center Partnership and the University of Louisville Labor-Management Center, August 14-15, 2003. The course will be valuable for experienced mediators seeking specialty training, attorneys representing clients in mediation, and government and union EEO officials wanting to increase their knowledge in this area. It would also benefit human resource professionals and in-house counsel who see mediation as a valuable tool to maintain a productive workforce and reduce potential lawsuits. Contact info Phone: (502) 458-9675, Fax: (502) 595-2362, info@accessada.win.net www.win.net/accessada.

 

Collaborative Family Law Training presented by John L. McElwee, J.D., August 7 & 8,, 2003, Clarion Hotel, Cincinnati OH (Exit 15 at I-71 and Pfeiffer Road). Develop future collaborative alliances, work with like minded attorneys dedicated to professional problem solving, develop a common ethic and enjoy your profession. Limited to 26 registrants Collaborative Law Training, Inc., PO Box 42414, Cincinnati OH 45242, or (513) 984-1811 Fax: (513) 984-1812, e-mail: McElweeLaw@aol.com.

 

SEPTEMBER 13, 2003 – MALIBU, CA AVOIDING AND RESOLVING CONSTRUCTION CLAIMS The Los Angeles County Bar Association’s Dispute Resolution Services and Real Property Sections, Pepperdine Law School’s Straus Institute of Dispute Resolution, and the American Arbitration Association are proud to announce the Second Annual program focusing on avoiding and resolving construction claims.  This one-day program at Pepperdine’s beautiful Malibu campus features a faculty of the finest attorneys, construction managers, and risk managers on the west coast.  Last year’s program was a huge success and featured supporting organizations such as the AIA, CSI, NAMC, NAWC and WCCC. For more information, please contact Lee Jay Berman at leejay@mediationtools.com.

 

SEPTEMBER 15-16 – LOS ANGELES, CA ADVANCED MEDIATOR SKILLS with EMPHASIS ON DIVERSITY & CROSS-CULTURAL SKILLS The United States Agency for International Development (USAID) and Institute for Mediation Studies are offering an Advanced Mediator Skills Course emphasizing Cross-Cultural and Diversity issues.  The curriculum will feature advanced Communication and People Skills, advanced Case Discussion and Settlement Techniques, and advanced Convening Techniques.  It will focus on multi-party and multi-issue disputes, and techniques for breaking impasse.  It will cover advanced training topics such as cross-cultural issues, dealing with the parties’ and the mediator’s own emotions, communication skills, power imbalance, convening, working with the parties, their attorneys, and insurance adjusters, and addressing complex legal issues, including those outside of the mediator’s personal expertise.  It will taught by Lee Jay Berman and held at the Los Angeles County Bar Association’s Lexis-Nexis Conference Center in downtown Los Angeles.  For more information, please contact leejay@mediationtools.com.

 

Web Sites of Interest:

Ohio Commission on Dispute Resolution and Conflict Management: www.state.oh.us/cdr
Ohio Mediation Association: www.mediate.ohio.org
Ohio State Bar Association: www.ohiobar.org
The Conflict Resolution Master of Arts degree program at Antioch University/McGregor School www.mcgregor.edu
The Academy of Management, Conflict Management Division has their new newsletter on-line at http://aompace.edu/cmd/newslett/newsletter2001.htm

 

“Addressing the Redress: A Discussion of the Status of the United State’s Postal Service’s Transformative Mediation Program” by Professor Lisa B Bingham, Indiana University School of Public and Environmental Affairs Cardozo On-Line Journal of Conflict Resolution, Vol 2, 2001, http://www.cardozoyu.edu Go to Publications, then On Line Journal, Current Volumes, Volume 2 No 2, and Symposia and it is the first article

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 Ohio: 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

 

Ohio Mediation Association
c/o Ohio Commission on Dispute
Resolution and Conflict Management
77 South High Street, 24th Floor
Columbus OH 43215-6108

May 2003

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NEWSCASTER
Ohio Mediation Association

A Bi-Monthly Publication May 2003

President: Martha Antolik (937) 264-2336 E-mail: mantolik@coaxnet
President Elect/Newscaster Editor: Shirley Cochran (513) 732-7397 Fax: (614) 863-4775 E-mail: scochran@insightrrcom or scochran@coclermontohus
Vice President: Jay Patterson (614) 447-8564 E-mail: jsphaedrus@ameritechnet
Treasurer: Dan DeStephen (913) 775-2067 Fax (937) 775-6152 E-mail: dandestephen@wrightedu

Mark your Calendars for our exciting 2003 meetings!!

June 6, 2003 Summit County, Dan Dodds and Susan Tucker will present on

Informal hearings on minor issues with the ability of the participants to fill out a form to journalize their agreement

August 1, 2003 A Domestic Violence Mediation Program from Clermont County

Juvenile Court. Presentation by Lou Ann Wood, Mediator and

Carolin Baker, Manager of the Clermont County program.

October 3, 2003 WAVE: youth peer mediators organization from Cleveland, Ohio who were recognized by the White House Carol Close, Coordinator and several peer mediators will be at our meeting

December 5, 2003 Victoria Solomon, J.D., L.I.S.W., will be presenting “Ten Gifts a Mediator Brings to the Table”.

All meetings to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice (Directions on back page)

 

President’s Column
By Martha Antolik

Now that our Annual Meeting has come and gone and many of you are beginning to make plans for the summer, OMA’s officers take the time to get together and look both at the year and meetings past, and what may lie ahead within our future. We’ll be doing that soon.

A quick glance around the state at who is part of the profession of dispute resolution yields more activity within more groups of mediators. The Mediation Association of Northwest Ohio, or MANO, has held its own annual meeting in Cleveland, while the Minority Mediators Association has also presented a major conference in Columbus. Small groups of mediators in Cincinnati and other cities throughout Ohio are getting together on a regular basis to talk about mediation as a practice, a profession, and a phenomenon.

OMA is part of this new mix, and as the officers look to what’s coming up, we’ll be thinking of how OMA can be the professional organization that meets your needs. Are you looking to network with other mediators? Or wondering exactly what networking might do for your practice? OMA can help!

Of course, what you get out of something is sometimes best determined by what you put in—and OMA is always open to knowing more from you about what you’d like to do and how you’d like to be involved.

Have a wonderful summer—and keep OMA in your seasonal plans.

 

OMA Elections: At the Annual meeting April 25th, Shirley Cochran was installed as President Elect and Dan DeStephen as Treasurer. Additionally, Ed Kraus from the Ohio Commission on Dispute Resolution and Conflict Management has agreed to handle our Membership Database so all we need now is someone to take minutes at our meetings as the Secretary until next April. Anyone interested in helping or having questions, please contact any of the officers listed above

Better World Award: Each year the OMA had presented the Better World Award to an organization or a person who has had a major impact upon mediation in Ohio. Previous recipients include then Attorney General Betty Montgomery, Chief Justice Thomas J Moyer, Martha Green, the Clark County Juvenile Court Program and the Commission on Dispute Resolution and Conflict Management This year we did not receive a single nomination and rather than give the award just to give it, we did not present an award Please begin to think of worthy recipients and nominate some one or some entity by contacting an officer now so we are not in the same position next year

 

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@mcohioorg I look forward to hearing from you

 

Ohio State Bar Association Dispute Resolution Directory Update

By Shirley A Cochran, JD

Yes, the OSBA dispute resolution directory which will let the general public search for a mediator who will mediate ADA claims or environmental disputes, etc, is up and running on the OSBA’s website! Two problems have arisen. First, it is a devil of a thing to find and once there, the information is so old, the provider might no longer providing those services at that contact information To find the directory, go to the OSBA website: wwwohiobarorg, Search OSBA (box on the lower left corner) for Dispute Resolution Directory and #2 should be the directory Click on the directory and then click on search to take you into the database Once at the database, the individual can select mediation (which is the default choice) or other forms of dispute resolution such as arbitration, and then the type or types of mediation At the bottom of the grid the button takes the searcher to the list the directory has put together In choosing a provider, click on the first name and the specific information is provided We are working on the accessibility issue with the OSBA tech people (if those of us who know the site is there can’t find it, how do we expect the general public to find it?) Once you actually do find your name and click on it, check to see what information needs to be changed, and e-mail mfraser@ohiobarorg for the changes to be made. Good luck and welcome to cybertime!

 

New Members and Additions/Corrections to the Directory:

New and renewing members may send applications to OMA’s President Elect, Shirley Cochran at 2897 Liberty Bell Lane, Reynoldsburg OH 43068 Contact Shirley for membership applications or to provide updated addresses, phone numbers, etc, for OMA’s mailing lists and directory. A membership application can be sent electronically for your convenience or you can download it from the OMA website wwwmediateohiocom

 

New Members:

Denise Logan
429 N. Michigan St., Suite A
Toledo, OH 43624
419/213-6800
dlogan@co.lucas.oh.us
Areas of Practice: Divorce

Teddy C. Ryan, Jr.
POB 129
Sebring, OH 44672
330/938-9080
330/938-3245 FAX
tedryan@hotmial.com
Area of Practice: Planning, zoning and land use, including sighting government facilities

Michelle Salomone
2480 Willis Road
Dublin, OH 43016
614/761-7576
Areas of Practice: Family, Interpersonal, Neighborhood/Community, Juvenile,

Ursula Shugart
Center for Alternative Dispute Resolution
320 West Park Avenue
Hubbard, OH 44425
330/534-0253
centerforadr@aol.com
Areas of Practice: Family, Divorce, Interpersonal, Neighborhood/Community, Juvenile, Business/Commercial, Labor

 

Quality Assurance Discussion

As you may be aware, many people have been involved in a discussion of how to assure the quality of mediation services being provided in Ohio. As a result of that discussion, the following is being provided for your comment and discussion. This is the work of the individual mentioned and not to be attributed to any other individual or group, including the Ohio Mediation Association.

Draft by Shirley Cochran 1/1/03 as taken liberally from the Commission on Dispute Resolution’s Standards of Practice for Truancy Mediators:

Standards of Practice for Mediation

Standards of Practice

The following standards of practice are consistent with the fundamental values of mediation and are provided to assist mediators and program coordinators in maintaining a focus on these values. These standards are not intended to unduly restrict the practice of mediation, but rather to help ensure competence and quality in the practice of mediation.

VOLUNTARY PROCESS

A mediator shall respect and encourage mediation as a voluntary process. If it appears or is known that a party has been ordered, coerced, or subjected to threats to reach an agreement a mediator shall withdraw from the process.

Clarity around this issue is critical. Depending on the program, attendance at mediation may not be voluntary. What is voluntary, and must remain so, is what may be agreed to at the table. The model of any Mediation Program should be that the mediation process is voluntary and any agreement is one that all parties feel is fair, equitable, and reasonable, and is reached without pressure to do so.

SELF-DETERMINATION

A mediator shall respect and encourage self-determination.

· Self-determination means that the parties to the dispute voluntarily design their own resolution, if a resolution can be found. The mediator guides the parties through a process to help the parties develop their own agreement. The mediator may provide information about the process, raise issues, and help to explore options, but the mediator does not make decisions for any party in the mediation.

· The mediator is there to explain the process, raise or explore pertinent issues that may have been missed or not fully explored, help parties offer and consider options, and facilitate the parties in designing their own solutions. It is incumbent upon the mediator to defend the process of mediation, which requires that the parties reach a voluntary, self-designed solution to the concerns presented, without pressure, coercion, or threats of fines or jail.

· Because mediation is voluntary, any party may withdraw from mediation at any time, and the presence or absence of other persons [attorneys, accountants, social workers, counselors] at a mediation depends on the agreement of the parties and the mediator.

· Mediators should not offer legal, financial, medical, or other forms of advice, but should encourage each party to make as fully informed a choice as possible when deciding on a particular agreement. The mediator should, as appropriate, make the parties aware of the value of consulting with professionals [attorneys, social workers, counselors] not at the mediation table, to help the parties make informed choices and decisions.

· If a mediator believes that a party cannot fairly present his or her perspective or is unable to participate in the search for an equitable, self-determined solution due to a physical or mental incapacity, including the influence of drugs or alcohol, the mediator must withdraw.

CONFIDENTIALITY

A mediator shall maintain the confidentiality of information acquired in the mediation process as required by Ohio law (See attached Ohio Revised Code Section 2317.023 and summary).

· In the mediator’s opening comments it is appropriate for a mediator to discuss the parties’ expectations of confidentiality, and to request confidentially from all parties. However, if the nature of problems disclosed may call for reaching out to, and discussing matters with, persons not at the mediation table such as social workers, or health care workers, the mediator will not make those connections, but the other parties can.

· The mediator must maintain confidentiality, which includes destroying notes made during the session. However, there are exceptions to confidentiality (See ORC Section 2317.023). Prior to undertaking the mediation, the mediator should inform the parties of the limitations of confidentiality.

· The mediator may report, if required, whether parties appeared at a scheduled mediation, and whether a full, partial, or no agreement was reached, but no details of that agreement.

· Caucuses may be an appropriate part of resolving a particular conflict. The purpose and confidentiality restrictions governing such caucuses must be clearly explained to all mediation participants.

· Confidentiality should not be construed to limit or prohibit the effective monitoring, research, or evaluation of mediation programs by responsible persons. Under appropriate circumstances, researchers may be permitted to obtain access to statistical data and, with the permission of the parties, to individual case files, observations of live mediations, and interviews with participants.

IMPARTIALITY

A mediator shall mediate in an impartial manner.

· Impartiality means not favoring one party over another, treating all parties in an equitable and fair manner, and avoiding conduct that could give the appearance of partiality towards one of the parties. Impartiality also requires that a mediator not have preconceived opinions regarding the parties’ situation.

· Treating all parties alike is a critical skill for a mediator to bring to the table. The parties to the mediation might be much younger, not dressed as formally, or lacking in comparable English skills. As a result, the parties might perceive the mediator as a professional similar to, and therefore aligned with persons with authority involved in the dispute. In recognition of this, the mediator must use similar posture, speaking style, and tone of voice with all parties. Any appearance of favoritism or partiality must be avoided.

· The mediator may have preconceived opinions about the subject matter of the mediation. Such preconceptions have to be left outside the door of the mediation room: the mediator must not let those opinions affect words, gestures, facial expressions, or the direction in which the conversation is guided. Long-held values or beliefs may be quite subtle. Mediators must be aware of and guard against responding to parties in a manner which reflects impressions based on the parties’ personal characteristics, background or mannerisms during the mediation.

· It may take concentration and self-awareness for a mediator to perform in an impartial manner. However it is essential that such impartiality be obtained and maintained; as stated above, the mediator does not represent an entity. Neutral as a pane of glass is one description, and if the mediator cannot do so in a particular mediation then he or she is obligated to withdraw.

COMPETENCE

A mediator shall be qualified by education, experience, and training to undertake the mediation.

· Because there are different styles and approaches to mediation, it is difficult to define the exact point at which one becomes well qualified, or even adequately qualified, in mediation. Certainly a specific range of skill, knowledge, and ability must be reached, but that range is not easy to define.

· For a mediator to obtain competence therefore requires pursuing knowledge in the classroom and at the mediation table. Part of this pursuit of knowledge should cover the diversity of culture and belief systems the mediator might encounter.

· Training in basic mediation is a necessary foundation, but becoming a successful mediator requires experience. It is often advantageous for that experience to come in a co-mediation setting or for the mediator to be observed by another who can afterward offer comments and guidance.

· Mediators have a responsibility to work with their program coordinators or other mediators to obtain the necessary skills and substantive training and to upgrade those skills and training on an on-going basis by being observed and by participating in co-mediations and in training programs.

· A mediator must accurately represent the mediator’s knowledge, skills, and ability to mediate a particular situation. The mediator should disclose to the parties the limits of the mediators skills or substantive knowledge wherever this may be relevant the mediation process.

EXPLAINING THE MEDIATION PROCESS

A mediator shall define mediation, describe the mediation process to all parties present, and explain the role of the mediator.

· A mediator should begin a session with introductions. All persons present at the table should have an opportunity to introduce themselves and to indicate what their roles are the mediation.

· Following the introductions a mediator should define what mediation is and is not. Mediation is a process in which a neutral facilitates communication between the parties, and without deciding the issues or imposing a solution on the parties, enables them to understand and resolve their own dispute. Mediation is not a legal hearing. A mediator shall explain the mediation process and the role of the mediator to all participants and their representatives to enable them to make an informed decision whether to use or continue the process.

CONFLICTS OF INTEREST

A mediator shall disclose all circumstances that may raise a question as to the mediator’s ability to conduct a neutral and balanced process.

· A mediator shall disclose any present or prior relationship, personal or professional between the mediator and any party or their representative that may affect or give the appearance of affecting the mediator’s ability to remain neutral and conduct a balanced process. If there is a bias on the part of the mediator that must be disclosed. The party should be given an opportunity to withdraw, and should the party choose to go forward with the mediation the mediator should carefully consider whether he or she will be able to maintain impartiality. If a bias or conflict of interest clearly impairs a mediator’s impartiality, the mediator shall withdraw.

· Mediators must never permit their behavior in the mediation process to be guided by a desire for a high settlement rate, or by pressure to resolve cases in a particular manner by the courts or program coordinators.

· A mediator should not perform a mediation when concentration is difficult due to the mediator’s physical or emotional distractions.

POWER BALANCE

A mediator shall conduct the mediation in a manner most likely to balance the strengths of the presentation of each party’s perspective and suggested solutions.

· Parties to a mediation may have quite different levels of education or income. In addition, some parties may have a much stronger command of the English language. These and other factors can cause one person to feel inferior and weak, another to feel superior and strong. On top of this, some parties by virture of their professions, carry with them the implied strength of a large system. Against this array the individual party may feel at a great disadvantage, regardless of educational background or verbal skills.

· It is important for the mediator to be aware of the possibilities for such imbalances, and to speak in a neutral and respectful manner to all participants, using the same language styling and delivery. Checking back with someone who may have difficulty grasping all the information as it is presented is not only appropriate but mandatory, but it must be done in a way that avoids any hint of condescension or impatience. A mediator should strive to create an atmosphere where the concerns and perspectives of all parties are listened to and understood.

References:

· Ensuring Competence and Quality Standards of Practice for Truancy Mediation, Ohio Commission on Dispute Resolution and Conflict Management, 2002.

 

 

Summary of Ohio Revised Code Section 2317.023

When is a Mediation Communication Confidential?

January 1997, §2317.023 of the Ohio Revised Code became effective. This statute states that a “mediation communication is confidential”, and that no person shall disclose a mediation communication in a civil proceeding or in an administrative proceeding except as provided in division (C) of §2317.023. A “mediation communication” is defined as a communication made “in the course of and relating to the subject matter of a mediation.” Division (C) lists the following exceptions — those instances when a mediation communication would not be protected as confidential:

(1) a communication by a mediator may be disclosed by any person if all parties to the mediation and the mediator consent to the disclosure, unless ORC §2317.02 (H) or §3109.052 (C) apply. Sections 2317.02 (H) and 3109.052 (C) concern exceptions for a mediator involved in any proceeding for divorce, dissolution, legal separation, annulment, or the allocation of parental rights and responsibilities for the care of children.

(2) a communication made by a person other than the mediator may be disclosed by a person other than the mediator if all parties consent.

 

(3) a communication is not protected if its disclosure is required by ORC §2921.22 which requires persons to report a felony to law enforcement authorities.

(4) a communication may be disclosed if a court, after a hearing, determines that (a) the disclosure does not circumvent Evidence Rule 408, (b) that disclosure is necessary in the particular case to prevent a manifest injustice, and (c) that the necessity for disclosure is of sufficient magnitude to outweigh the importance of protecting the general requirement of confidentiality in mediation proceedings.

§ 2317.023 Disclosure of mediation communication.

Text of Statute

 

(A) As used in this section:

(1) “Mediation” means a non-binding process for the resolution of a dispute in which both of the

following apply:

(a) A person who is not a party to the dispute serves as mediator to assist the parties to the dispute in negotiating contested issues.

(b) A court, administrative agency, not-for-profit community mediation provider, or other public body appoints the mediator or refers the dispute to the mediator, or the parties, engage the mediator.

(2) “Mediation communication” means a communication made in the course of and relating to the

subject matter of a mediation.

(B) A mediation communication is confidential. Except as provided in division (C) of this section, no person shall disclose a mediation communication in a civil proceeding or in an administrative

proceeding.

(C) Division (B) of this section does not apply in the following circumstances:

(1) Except as provided in division (H) of section 2317.02 and division (C) of section 3109.052

[3109.05.2] of the Revised Code, to the disclosure by any person of a mediation communication made by a mediator if all parties to the mediation and the mediator consent to the disclosure;

(2) To the disclosure by a person other than the mediator of a mediation communication made by a person other than the mediator if all parties consent to the disclosure;

(3) To the disclosure of a mediation communication if disclosure is required pursuant to section

2921.22 of the Revised Code;

(4) To the disclosure of a mediation communication if a court, after a hearing, determines that the

disclosure does not circumvent Evidence Rule 408, that the disclosure is necessary in the particular case to prevent a manifest injustice, and that the necessity for disclosure is of sufficient magnitude to outweigh the importance of protecting the general requirement of confidentiality in mediation proceedings.

(D) This section does not prevent or inhibit the disclosure, discovery, or admission into evidence of a statement, document, or other matter that is a mediation communication but that, prior to its use in a mediation proceeding, was subject to discovery or admission under law or a rule of evidence or was subject to disclosure as a public record pursuant to section 149.43 of the Revised Code. This section does not affect the admissibility of a written settlement agreement signed by the parties to a mediation or the status of a written settlement agreement as a public record under section 149.43 of the Revised Code.

HISTORY: 146 v H 438. Eff 7-1-97; 146 v H 350, § 14. Eff 1-27-97.

The provisions of § 14 of HB 350 (146 v –) read as follows: SECTION 14. That Section 3 of Am. Sub. H.B. 438 of the 121st General Assembly be amended to read as follows: “SECTION 3. Sections 1 and 2 of Am. Sub. H.B. 438 of the 121st General Assembly shall take effect on July 1, 1997, except that section 2317.023 of the Revised Code, as amended by Am. Sub. H.B. 438 of the 121st General Assembly, shall take effect on the effective date of Am. Sub. H.B. 350 [1-27-97] of the 121st General Assembly.”

 

Newscaster Material: Please send material for the Newscaster by the 20th of the even numbered months to permit publication in the newsletter The next deadline is June 20, 2003 My address is 2897 Liberty Bell Lane, Reynoldsburg, OH 43068 Phone/fax: (614) 863-4775 E-mail: scochran@insightrrcom Thanks, Shirley Cochran, Editor

 

Job Announcements: We have no announcements for this Newscaster, but there are some announcements that become available for the meetings Be sure to attend the meeting and check the Newscaster 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

 

American Bar Association Section of Dispute Resolution Calendar of Events
August 7-13, 2003 – ABA Annual Meeting (Section of Dispute Resolution Meetings/Programs TBA) San Francisco, California

For additional information, contact: American Bar Association Section of Dispute Resolution 740 15th St NW, Washington, DC 20005 (202) 662-1680, Fax (202) 662-1683 dispute@abanetorg, wwwabanetorg/dispute

HEAD OF MARYLAND COURT OF APPEALS TO RECEIVE NATIONAL AWARD FOR LEADERSHIP IN ALTERNATIVE DISPUTE RESOLUTION WASHINGTON, DC, Feb 28, 2003 – Chief Judge Robert M Bell of the Maryland Court of Appeals will receive the D’Alemberte/Raven Award from the American Bar Association Section on Dispute Resolution http://wwwabanetorg/dispute/homehtml Named for former ABA presidents Talbot S D’Alemberte and Robert D Raven, the award recognizes outstanding service in the field of conflict resolution  Recent recipients include former United States Attorney General Janet Reno and Harvard Professor Roger Fisher, co-author of Getting to Yes Bell is the first chief state court judge to receive this award  He is being given the award in recognition of his creation and leadership of MACRO, the Mediation and Conflict Resolution Office, a recognized leader in advancing the appropriate use of mediation and other non-adversarial forms of conflict resolution in the court system and in the wider community The award will be presented at the Dispute Resolution Section’s Spring conference in San Antonio on Friday, March 21 (see http://wwwabanetorg/dispute/conference/5adrhtml ) Alternative dispute resolution in Maryland was given a jump-start in 1998 when Bell created a commission of 40 high-level representatives from the court system, the executive and legislative branches of government, academia, the mediation field, businesses and the community  This commission, the predecessor to MACRO, developed an action plan titled “Join the Resolution”  Its purpose was to advance conflict resolution in courts, schools, neighborhoods, government agencies, criminal and juvenile justice programs and the business community MACRO has helped Maryland’s courts increase and improve the dispute resolution options they offer  It has also supported efforts to help prevent disputes from escalating, and resolve conflicts before court intervention becomes necessary MACRO has been recognized as a model state office of dispute resolution by a grant from the William and Flora Hewlett Foundation, which funds MACRO’s assistance to other states seeking to emulate Maryland’s program  MACRO has also been featured as a model program at events sponsored by the American Arbitration Association, the Council of State Governments and the CPR Institute for Dispute Resolution The ABA Section of Dispute Resolution provides its members and the public with creative leadership in the dispute resolution field by fostering diversity, developing and offering educational programs, providing technical assistance, and producing publications that promote problem-solving and excellence in the provision of dispute resolution services The American Bar Association is the largest voluntary professional association in the world With more than 410,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public

 

Air Force ADR Program Unveils New Website The Air Force Alternative Dispute Resolution (ADR) Program has just posted a new  <http://www.adr.af.mil/> ADR Program website. The website is designed to ensure Air Force personnel and the public are one mouse click away from essential information.  Highlights of the website include:  <http://www.adr.af.mil/acquisition/main.htm> Acquisition ADR Program – includes a brand new  <http://www.adr.af.mil/acquisition/elements.html> ADR Agreement tool designed to ensure Air Force ADR agreements encompass the facts and circumstances of a contract dispute.  The ADR Agreement Tool is also intended to continually change as we incorporate lessons learned from our latest ADR efforts. In addition, links to the Air Force’s “ADR First” policy are listed. Labor-Management ADR Program – includes a number of signed <http://www.adr.af.mil/SOURCE/laborflowcharts.htm> ADR agreements and a list of suggested clauses that could be considered in custom tailoring <http://www.adr.af.mil/SOURCE/suggestedlanguage.htm> labor-management ADR agreements. Equal Employment Opportunity (EEO) Complaint ADR Program – includes a new <http://www.adr.af.mil/afadr/brochure/index.htm> on-line brochure designed to explain our ADR program to EEO complainants.  In addition, the site provides a  <http://www.adr.af.mil/compendium/appendices.html> host of tools for Air Force mediators to use when mediating EEO complaints.  <http://www.adr.af.mil/afadr/results.htm> Reports on the Results Achieved by the Air Force ADR Program provide the business reasons behind our program and lists the  <http://www.adr.af.mil/achieve.htm> national awards for excellence the Air Force ADR program has won.  <http://www.adr.af.mil/general/main.htm> Virtual Library of ADR Articles, Studies and Reports provides an exhaustive resource for Air Force ADR professionals seeking more information about ethics, confidential and interest-based negotiations, as well as ADR results achieved by other public and private-sector organizations.  For more information about the Air Force ADR Program, contact Zach Sweet at (703) 697-0407. ADR Program website: http://www.adr.af.mil/

 

New collection of articles on ADA mediation in the workplace Please visit www.mediate.com/adamediation for a new collection of articles on ADA mediation in the workplace — as well as an archived treasure trove of articles on ADA mediation. The new collection includes: ADA Mediation Guidelines: An Ongoing Endeavor (Judy Cohen), Mediating Reasonable Accommodations (Debra DuPree), An Organizational Ombuds Perspective (Marsha Wagner), and an announcement of an exciting ADA mediation initiative by EEOC and National Council on Disability (Kathleen Blank). Judith Cohen, Section Editor www.mediate.com/adamediation judycohen@mediate.com

 

Mediation Practice Guide – A Handbook for Resolving Business Disputes (Second Edition) Author: Bennett G. Picker Publisher: American Bar Association Section of Dispute Resolution Order online at http://www.abanet.org/dispute/resources1.html Or call the ABA Service Center, 312-988-5522 222 pages, Paperback, Product Code: 4740056 Regular Price: $39.00 ABA DR Section Member Price: $32.00 Description: “Mediation Practice Guide – A Handbook for Resolving Business Disputes” has been widely acclaimed as an outstanding practical guide to mediation. This Second Edition is a revised and expanded version which provides an invaluable and straightforward understanding of key suitability, preparation and advocacy issues in mediation. TOPICS INCLUDE: Mediation, Arbitration and Litigation Suitability of Dispute for Mediation Why Mediation Works or Fails How to Propose Mediation Mediator Styles, Strategies and Techniques How to Select a Mediator How to Prepare for Mediation Role of the Client in Mediation Negotiating Techniques in Mediation Mediation Forms and Agreements Corporate and Law Firm ADR Strategies Practice Tips for Effective Mediation Advocacy “This is the single best practical guide to business mediation I have seen.” Professor Carrie Menkel-Meadow Georgetown University Law Center and Chair, CPR Georgetown Commission on Ethics and Standards in ADR “…his practice tips for mediation advocacy helped me prepare my CEO and myself for a difficult mediation. This book should be on the desk of every corporate counsel.” Jack L. Foltz Former Chairman, American Corporate Counsel Association

 

September 13, 2003 – International ADR Conference, Washington, DC International Dispute Resolution By the Rules: Opportunities in Mediation and Arbitration The Ritz-Carlton Washington D.C. See tentative schedule at http://www.abanet.org/dispute/internationalarbconfdcflier.pdf (subject to change).

November 13-14, 2003 – The Second Annual National Institute on Advanced Mediation and Advocacy Skills Training Philadelphia, PA ABA Center for Continuing Legal Education: see info at http://www.abanet.org/cle/programs/n03mst1.pdf

 

TRAINING & WORKSHOPS:

Community Mediation Servies of Central Ohio and the Columbus Bar Association present Basice Mediaiton Training July 16 & 17, or September 16&17, 2003 40 Hour Domestic Mediation Training October 15, 16, 21, 22, 23, 2003Presenter Shelley Whalen, LSW, Executive Director of CMS and a past president of OMA Schedule 8:30 AM-6:00 PM, Training site 91 Jefferson Avenue, Columbus OH, the Thurber Center CLE and CEU’s Contact CMS (614) 228-7191 or wwwcommunitymediationcom Fax: (614) 228-7213

 

Capital University Law School Center for Dispute Resolution

Basic Mediation and Advanced Mediation Training Information 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

 

Conflict Management Services

Presenters Cheryl M Lowry, Ph D, Robert N Wistner, JD, Leslie Martin, BA, and Kenneth T Davis, BA Contact Cheryl (614) 488-4540, Suite 126, 1500 W Third Avenue, Columbus, OH 43212 E-mail: cms@iwaynetnet Website: wwwconflictmgmtcom

 

ACR Conferences: Association for Conflict Resolution (a merged organization of AFM, CREnet and SPIDR) 1527 New Hampshire Ave, NW Washington, DC 20036 Tel: 202-667-9700 Fax: 202-265-1968 E-mail: acr@acresolutionorg Web: http://wwwacresolutionorg

ACR’S FAMILY SECTION CONFERENCE A Family Affair: Making Room at the Table July 10-13, 2003 Hyatt Hotel, Denver, CO

SAVE THE DATE: ACR’S THIRD ANNUAL CONFERENCE The World of Conflict Resolution: A Mosaic of Possibilities October 15-18, 2003 Orlando, Florida USA

 

MWI’s Executive Mediation Training Program http://wwwmwiorg/training/executivehtml
DESCRIPTION:    “MWI’s Executive Mediation Training Program” is a five-day comprehensive “hands-on” mediation skill-building program designed for professionals interested in exploring and learning about the mediation process through lectures, demonstrations, interactive exercises,
supervised role-plays, and group discussions For more information please visit the website or call Charles Doran, Executive Director at 800-348-4888 x22 with questions and to request a brochure TRAINERS and GUEST SPEAKERS:  Charles Doran, Ericka Gray, Moshe Cohen, David Hoffman, James McGuire and other experienced trainers and role-play coaches (see http://wwwmwiorg/peoplehtml for more information about the trainers) DATES: October 27-31, 2003 LOCATION: The Union Club, Boston, MA COST: $1125 ($1075 if registered a month in advance) Training Prerequisite: none Experience Prerequisite: none Register for this program at https://wwwmwiorg/registerhtml TITLE:  “MWI’s Train the Trainer Institute” http://wwwmwiorg/training/trainerhtml DESCRIPTION: “MWI’s Train the Trainer Institute” is a three-day advanced seminar designed to prepare experienced mediators and other dispute resolution professionals to become effective trainers and role-play coaches
For more information please visit http://wwwmwiorg/training/trainerhtml or call Charles Doran, Executive Director at 800-348-4888 x22 with questions and to request a brochure TRAINERS and GUEST SPEAKERS:    Melissa Brodrick, Charles Doran and other experienced trainers and role-play coaches (see http://wwwmwiorg/peoplehtml for more information about the trainers)
DATES: choose from: September 17-19, 2003 September 15-17, 2004 LOCATION: Mediation Works Incorporated – Boston, MA COST: $850  ($775 if registered a month in advance) Training Prerequisite: Mediators and must have completed 30-hours of formal mediation training (or meet their state’s requirement); Experience Prerequisite: Mediators and other ADR Practitioners must
have experience with at least 10 cases in the past two years Register for this program at https://wwwmwiorg/registerhtml Contact: Charles P Doran Mediator / Executive Director Mediation Works Incorporated 9 Park Street – Sixth Floor Boston, MA 02108-4807 Phone:   617-973-9739 x22 / 800-348-4888 Fax: 617-973-9532 E-mail: ChuckDoran@MWIorg Web:   http://wwwmwiorg/ Mediation Works Incorporated (MWI) is dedicated to providing dispute resolution services and training to corporate, institutional and individual clients seeking to resolve difficult disputes

 

MEDIATION TRAINING & CONSULTATION INSTITUTE ANNOUNCES 40 HOUR DIVORCE AND CUSTODY MEDIATION TRAININGS (Mich., PA, IL) June 23-27, 2003 Lancaster, Pennsylvania July 14-18, 2003 Chicago, Illinois August 4-8, 2003 Ann Arbor, Michigan December 3-5 and 9-10, 2003 Ann Arbor, Michigan Faculty: Zena D. Zumeta, J.D., and associates “The best training in the field of mediation that I’ve been to!” Michigan Participant, 2002 To register or for more information, call 1-800-535-1155 or (734) 663-1155 or visit the MTCI website at www.learn2mediate.com Register one month prior to session start date and receive an early registration discount.

 

The publicity is now out on the MATA Advanced Mediator Training course in Rome 13 – 20 September 2003 and can be accessed on www.mata.org.uk The course is open to all practising civil and commercial mediators, the only requirement being to have had some experience. The venue, programme and the international faculty can be seen on the website. The format is to have sole occupation of a restored castle in the hills of Umbria for a week and live ‘on retreat’ as a group of mediators and faculty in sharing and developing the skills and processes of mediation to a higher level together. Numbers are restricted to 21 plus four faculty so the participant/faculty ratio is very high. Partners can be accommodated at nominal extra cost. Participant quotes from 2002 include “quite the most stimulating experience”….”powerful community for learning in a beautiful place”….”unrivalled quality”. The discounted cost is £3000 (excluding flight cost from your home to/from Rome airport). The discount/upgrade facility is available until the end of April. View the website or contact David Richbell on 00 44 1234 709907 or through email david@richbell.org David Richbell Commercial Mediator and Trainer Tel: 01234 709907 Fax: 01234 709424 Address: Church Cottage, Melchbourne, Bedfordshire, MK44 1BB www.richbell.org

 

JUNE 13, 2003 – PHILADELPHIA, PA MAXIMIZE YOUR MEDIATIONS! The ABA Section on Dispute Resolution’s Training Committee, in coordination with the Pennsylvania Bar Institute, and the Pennsylvania and Philadelphia Bar Associations presents a one-day program for litigators, insurance adjusters and mediators designed to help them MAXIMIZE what they take away from a mediation. Featured speakers include Hon. Richard Klein, Lee Jay Berman, and Louis Coffey, Esq., as well as five panel presentations by the mediators of the Philadelphia and Pennsylvania Bar Dispute Resolution Committees. Topics will include choosing the right mediator, making clients more effective in mediation, reaching non-economic solutions, why mediations fail, and how to succeed, and mediator secrets – “Why we do the things we do”. For more information, please visit www.pbi.org or email info@pbi.org.

 

June 12-13, 2003 Beyond Basic Mediation & Ethical Issues for Mediators Center for Public Policy Dispute Resolution The University of Texas School of Law 727 E. Dean Keeton St., Austin, TX 78705 Trainer: Kimberlee Kovach MCLE hours submitted to State Bar For information, please call the Center at (512) 471-3507 June 23-27, 2003 40-Hour Basic Mediation Trainers: Kimberlee Kovach, Eric Galton July 23-25, 2003 Negotiation Workshop Trainer: John Fleming August 8, 2003 Advanced Facilitation Training Trainers: Corder/Thompson & Associates

 

Web Sites of Interest:

Ohio Commission on Dispute Resolution and Conflict Management: wwwstateohus/cdr
Ohio Mediation Association: wwwmediateohioorg
Ohio State Bar Association: wwwohiobarorg
The Conflict Resolution Master of Arts degree program at Antioch University/McGregor School wwwmcgregoredu
The Academy of Management, Conflict Management Division has their new newsletter on-line at http://aompaceedu/cmd/newslett/newsletter2001htm

 

“Addressing the Redress: A Discussion of the Status of the United State’s Postal Service’s Transformative Mediation Program” by Professor Lisa B Bingham, Indiana University School of Public and Environmental Affairs Cardozo On-Line Journal of Conflict Resolution, Vol 2, 2001, http://wwwcardozoyuedu Go to Publications, then On Line Journal, Current Volumes, Volume 2 No 2, and Symposia and it is the first article

 

 

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 Ohio: 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

 

Ohio Mediation Association
c/o Ohio Commission on Dispute
Resolution and Conflict Management
77 South High Street, 24th Floor
Columbus OH 43215-6108