Serving Ohio’s Mediators and those in need of Mediation services

614.321.7922

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

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