June 2006

MEDIATE OHIO
Ohio Mediation Association
www.mediateohio.org

A Bi-Monthly Publication June 2006

President: Jay Patterson (614) 403-3825 E-mail: jmpmediation@ameritech.net
Immediate Past President/Newscaster Editor: Shirley Cochran (614) 863-4775 E-mail: scochran@insight.rr.com
Vice President: Phil Dunfee (740) 366-3297 E-mail: phil@phildunfee.com
Treasurer: Dan DeStephen (913) 775-2067 E-mail: dandestephen@wright.edu
Secretary: Christy Radigan (614) 855-6926 E-mail: cardigan@insight.rr.com
Web Guru: Martha Antolik (937) 264-2336 E-mail: w004mla@woh.rr.com

Mark your Calendars for our exciting 2006 meetings!! (First Friday of the even numbered months except our conference or April meeting since it is at a facility for conferences.)

August 4, 2006 Writing and journalizing agreements—what to do after the parties have reached agreement? A panel discussion and question-answering session on this area which borders on the unauthorized practice of law.

October 6, 2006 Settlement Hearings Christine Magee, JD, Chief Magistrate Montgomery County Domestic Relations Court. Beth Leger, Mediator with Montgomery County Domestic Relations Court and

Sandra Fredrick, LSW Mediator with Montgomery County Domestic Relations Court.

December 1, 2006 Keystone (Peter Adler and others) called an invitation only conference to discuss the current and future state of the mediation profession. Our Treasurer, Dan DeStephen accepted the invitation and “had” to spend a weekend in October in a beautiful lodge in Denver. Come hear what the 70 or so who were part of this historic conference had to say from one of the attendees.

All meetings, except the Annual Conference, to be held at 11:30 AM at the MCL Cafeteria at Westerville and Schrock Roads in Westerville until further notice. (Directions on last page)

 

President’s Column
Maybe There is Such a Thing as a Free Lunch
By Jay M. Patterson, President

Most of us have heard the phrase, “there are no free lunches”. I’ve been thinking of this phrase lately in connection with the mediation profession and I think the authors of that cliché (whoever they are) are wrong, at least when it comes to mediation.

In keeping with my plan to provoke mediators to think about one’s own role in advancing the field of professional mediation, this column asks you to think about the possibility that we mediators might actively be enabling the devaluing of professional mediation services. Mediators are often asked to provide mediation services for free or virtually free; and we often willingly agree to this request. What message are we sending to the marketplace when we continually accept mediations without requiring a realistic living wage or fee?

Before I go further, let me say clearly I believe there is certainly a place in our profession for pro bono/volunteer mediation services. Why should our profession be any different from other professions that feel a sense of obligation to the less fortunate? One of the best places (but not the only place) to provide volunteer mediation services is your local community mediation center. These centers not only often provide mediation services to people who might not otherwise have access to mediation, they are often an invaluable training ground for inexperienced mediators to learn their craft. So I’m not saying mediators should not do their part to help provide access to mediation to the less fortunate. I’m simply setting forth the proposition that maybe, in some ways, we are our own worst enemies when it comes to advancing the use of mediation services as a way to improve quality of life.

I think I understand why we do this. First, most mediators I know are truly and deeply committed to improving people’s quality of life in a way that is not achieved through other means (even though those other means were almost always attempted first). Second, we all simply love the work itself and we are desperate to continue to do it. But this thinking only undercuts our own goal of providing mediation to the maximum number of people. It creates a sort of chicken or egg dilemma. One could argue that we can increase the use of mediation by simply providing it even if it means not getting paid much, if at all. There is a certain logic to this. No cost or virtually no cost mediation may in some cases (I would say a minority of cases) cause people to be encouraged to pay for mediation for their next dispute. But come on, we’ve been giving it away for a very, very, very long time. Can you honestly say this approach has been a wildly successful business strategy? For the most part, I think it has simply conditioned people to think, “If it can be gotten for free, why should I pay for it?” Likewise, I think there is a good chance that fewer people consider even exploring mediation, for fee or otherwise, simply because they wonder, “How valuable is this service if it is not being paid for by someone? Do I want to spend my energy on something that is of so little value that even the mediator does not deem it worthy of a fee?”

The request for mediation services for little or no fee is, to me, particularly (but not exclusively) troubling when it comes from organizational entities with either existing programs or looking to start a mediation program. While those entities may not be filthy rich, they often do have the means to set up a quality program with quality mediators and pay them accordingly if they were willing to make it a priority. However, on more than one occasion, I for one, have been in the unenviable position of feeling like I would be doing myself, my profession, and perhaps society at large a disservice if I didn’t decline an offer to provide service for free or virtually free. I declined this work knowing full well that I’m not always in a position that the time would otherwise be filled with paid work. Like many mediators, I’m not so busy that all my professional time is completely filled with paid work. I could be doing more mediation, if I had the clients. I just don’t think, in the long run, I, other mediators, or other mediation programs will maximize the potential to get those clients unless I/we begin to require a real living fee.

Perhaps it’s time to try a different approach. Perhaps greater numbers of people will utilize mediation if we don’t actively devalue what we have to offer. If we really want to have a more substantial impact on improving the quality of life of the maximum number of people, if we really want to maximize the potential for society to be a more peaceful place, perhaps (to invoke another cliché) we should not lose sight of the forest for the trees. Perhaps we should consider giving up short-term gratification in exchange for long-term gratification. Perhaps, in the long run, the greater good will be achieved by doing no mediation at all rather than sending a message that mediation has no merit.

From my perspective this vicious cycle, consisting of mediators desperate to conduct mediation and prospective clients or programs expecting professional services without incurring costs, will end only when mediators collectively have the courage of our own conviction to say to those asking for us to supply lunch, “I must respectfully decline to provide services without a living wage.” Of course, this approach only works if we don’t have ten mediators behind us fighting to do the same mediation for little or no fee.

I think it’s possible we have more control over our destiny than we think. I’m convinced our destiny will come only through collective action, not individual action. Nonetheless, that collective action starts with one mediator at a time. Shall we make a pact, or shall we continue to operate as soup kitchens? Lets decide together.

As always, I encourage you to express you view, in agreement or disagreement, to me personally or in a letter to the editor of this newsletter, Mediate Ohio.

 

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.

The Meeting in a Minute—a Report on the Program at OMA’s Last Meeting
By Shirley Cochran, Editor

A small but opinionated group of OMA members and guests got together on June 2, 2006, to discuss a case and share what they would do in the situation. Ed Krauss’ From Your Perspective case published in Mediate Ohio for the last two issues was the starting point and the group spent an hour dissecting the scenario and responses to it.

Discussion such as this are the cornerstone of the Case Study Group OMA is starting to put together for members in response to the comments on the membership survey. Keep an eye out for further developments as they occur.

 

Community Mediation Center of Stark County Earns Canton Repository Article

In early March, the Community Mediation Center of Stark County was the focus of an article entitled “Mediation Center Gets Big Praise, Little Cash” by Shane Hoover, Repository Staff Writer. In addition to quoting Teresa P. Cusma, the Executive Director, Shirley Cochran, President of the Ohio Mediation Association, was referred to saying that overall funding for programs is down although the need is still there for these services.

It is nice to see such a positive article on a mediation center; just bad to know that the article said that without additional funding the center would close in June.

 

Newscaster Material: Please send material for Mediate Ohio by the 20^th of the month to permit publication in the newsletter. The next deadline is July 20, 2005. 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

 

Conference 2006
by Shirley CochranFor those of you who could not make the conference on May 12, 2006, you missed an interesting time—of course any time Robert Benjamin is involved, it is an interesting time to say the least. I know, people either really love or really hate Robert and there is no in between. He discussed guerrilla mediation, using the question “why” to get to the real problem and how skiing and mediation are very similar.

The officers of the OMA had a real decision on their hands this year for the Better World Award, having received four nominations. See the article below as to the actual award recipient but rest assured, the other nominees will be considered in the future as we want to continue to recognize those who make our mediation world a better place.

Robert “Columbo” Benjamin

 

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

The Ohio Commission on Dispute Resolution &

Conflict Management Seeks Director of Education Programs

Date Posted: June 19, 2006

Job Description: The Ohio Commission on Dispute Resolution & Conflict Management, a state agency located in downtown Columbus, seeks a Director of Education Programs. The Director of Education Programs is responsible for dispute resolution and conflict management program development and service delivery related to Ohio schools and universities. The Director provides leadership to initiate and sustain innovative school and university-based conflict management and dispute resolution programs and to deliver quality services to support the design, implementation, and evaluation of these programs. The Director also assists in the development of resource materials and training, plans statewide special events, provides technical assistance, conducts presentations and workshops, and responds to a wide variety of information requests. This position is an exempt, full-time, permanent position offering excellent state benefits. The salary range for this position is $40,000 – $46,000, commensurate with experience and salary history.

Qualifications: Qualified applicants will have experience with project management and program development in the private or public sectors and will have completed an undergraduate degree. Applicants should be familiar with dispute resolution and conflict management programming and service delivery, school-based programming and professional development, school violence prevention or a closely related field. Knowledge of state and local government is desirable. Qualified applicants will have excellent interpersonal skills, writing and oral communication skills, will be able to successfully manage multiple tasks and to leverage resources by partnering with a broad range of agencies and not-for-profit organizations. He or she must also be comfortable working as a team with other staff members to integrate program areas and to develop linkages among related projects.

About the Commission: The Commission is a state agency that provides dispute resolution and conflict management resources, training, and direct services to state and local government, courts, communities, schools, colleges, and universities. Cutting across political, economic, and social boundaries, the Commission has pioneered problem-solving methods and initiated programs that provide alternatives to fighting, impasse, and litigation. Through its accomplishments, the Commission has gained recognition as the most comprehensive state dispute resolution program in the country. Created by legislation in 1989, the Commission consists of 12 volunteer members appointed by all three branches of state government The Commission has a staff of six. For more information regarding the Commission please visit www.disptueresolution.ohio.gov.

Application process: Interested candidates should submit a letter of interest demonstrating job qualifications, resume, and three professional references to Maria Mone, Executive Director, The Ohio Commission on Dispute Resolution and Conflict Management, The Riffe Center, 77 S. High Street, 24^th Fl., Columbus, Ohio 43215-6108,

E-mail: mmone@cdr.state.oh.us. Resume review begins immediately and will continue until the position is filled.

 

Association for Conflict Resolution News

The ACR Family Section Conference, “Making Waves – Breaking Barriers,” will be held July 13 – 16, 2006 at the Sea Crest Oceanfront Resort and Conference Center in beautiful Old Silver Beach in Cape Cod, Massachusetts, scene of the AFM conference in 1997. See http://acrnet.org/sections/family_section_conference_2006.htm

Come and participate in ACR’s Sixth Annual Conference, “Celebrating Our Past, Shaping The Future,” in Philadelphia, PA, October 25-28^th.  The conference will host a variety of workshops, lectures, panels and intimate roundtable discussions on the issues of conflict resolution with some of the most experienced professionals in the field.  The conference itself is set up in collaboration with ACR’s overall mission, “to enhance the practice and public understanding of conflict resolution.”  The conference is open to anyone interested in educating, learning, and participating in conflict resolution skills and techniques. You will not want to miss this opportunity to share conflict resolution theories and practices. We guarantee this is a wonderful experience for your overall professional development, not to mention a one-of-a-kind chance to network with the best professionals in the field! ACR thanks you for your valuable contribution to the conflict resolution field.  See http://acrnet.org/conferences/ac06/ac06-homepage.htm Editorial Comment: Ohio’s mediation community is well represented at this conference as for example, this year’s ACR President is our own Terry Wheeler, Myra Kolman is conference educational co-chair or whatever her official title is, and OMA Immediate Past President Shirley Cochran will be presenting so come to Philly and join with all the Ohioans who will be there soaking up the history of the area.

Better World Award 2006

C. Eileen Pruett nominated by Shirley A. Cochran

Eileen has been in mediation for over 25 years when she joined the Columbus City Attorney’s Night Prosecutor’s mediation program while in law school. After law school she continued working with that program, became part of the group founding Community Mediation Service of Central Ohio and a member of the Supreme Court’s Committee on Dispute Resolution where she supervised the program known as the Circuit Rider, creating mediation programs for the smaller and more rural Municipal Courts. Eileen became the first to head the Office of Dispute Resolution Services for the Supreme Court of Ohio when the office was created in 1992; not stepping to a program manager position until over a decade had passed. Currently in charge of the Small Claims Mediation Program at the Franklin County Municipal Court, Eileen has been the trainer and mentor for many mediators and continues to offer her assistance to the field whenever it is needed.

 

C. Eileen Pruett with the Ohio Mediation Association’s Better World Award for 2006