Everyone's Blog Posts - ADRhub - Creighton NCR2024-03-19T09:22:48Zhttp://www.adrhub.com/profiles/blog/feed?xn_auth=noHarvard PON Webinar on Riskin's New Book on Managing Conflict Mindfully:tag:www.adrhub.com,2023-06-14:4905899:BlogPost:1804142023-06-14T13:14:32.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p>I'm reading <b><a href="https://www.linkedin.com/in/ACoAAEJx1NkBkmF-ZTzr1urkugDayoA9MB5C6D8">Leonard Riskin</a></b>'s new book Managing Conflict Mindfully. If you work in conflict, so should you.</p>
<p><a href="https://www.amazon.com/Managing-Conflict-Mindfully-Everything-Paperback/dp/1636591426">https://www.amazon.com/Managing-Conflict-Mindfully-Everything-Paperback/dp/1636591426</a></p>
<p>At some point, I'll write more about why that's so. For now, even better: let Prof. Riskin, together…</p>
<p>I'm reading <b><a href="https://www.linkedin.com/in/ACoAAEJx1NkBkmF-ZTzr1urkugDayoA9MB5C6D8">Leonard Riskin</a></b>'s new book Managing Conflict Mindfully. If you work in conflict, so should you.</p>
<p><a href="https://www.amazon.com/Managing-Conflict-Mindfully-Everything-Paperback/dp/1636591426">https://www.amazon.com/Managing-Conflict-Mindfully-Everything-Paperback/dp/1636591426</a></p>
<p>At some point, I'll write more about why that's so. For now, even better: let Prof. Riskin, together with the amazings <b><a href="https://www.linkedin.com/in/ACoAAAet_0gBeDerowxYLkNoUwS7qSDiqwU5DtY">Daniel Shapiro</a></b> and <b><a href="https://www.linkedin.com/in/ACoAAAJG0RYBrUsmyDnK4SF06DaCuZravsbZuCI">Alyson Carrel</a></b>, explain what it's all about at this upcoming PON webinar <a href="https://harvard.zoom.us/webinar/register/WN_4nJ0iAuKQsypAi8bdEecKw#/registration">https://harvard.zoom.us/webinar/register/WN_4nJ0iAuKQsypAi8bdEecKw#/registration</a></p>Tourist or Guest?tag:www.adrhub.com,2023-03-14:4905899:BlogPost:1795012023-03-14T18:11:41.000ZMartha Jeanne Wilcoxsonhttp://www.adrhub.com/profile/MartyWilcoxson
<p><a href="https://storage.ning.com/topology/rest/1.0/file/get/10997554067?profile=original" rel="noopener" target="_blank"><img class="align-right" src="https://storage.ning.com/topology/rest/1.0/file/get/10997554067?profile=RESIZE_710x" width="350"></img></a> Inclusive Mediation - Tourist or Guest</p>
<p>Successful group mediation depends upon mutual understanding. How we, as mediators, can approach and define mutual understanding may well define our differences in mediation style. All agree that genuine understanding requires knowing other’s needs through knowing their history and situation. This is not always…</p>
<p><a href="https://storage.ning.com/topology/rest/1.0/file/get/10997554067?profile=original" target="_blank" rel="noopener"><img src="https://storage.ning.com/topology/rest/1.0/file/get/10997554067?profile=RESIZE_710x" width="350" class="align-right"/></a>Inclusive Mediation - Tourist or Guest</p>
<p>Successful group mediation depends upon mutual understanding. How we, as mediators, can approach and define mutual understanding may well define our differences in mediation style. All agree that genuine understanding requires knowing other’s needs through knowing their history and situation. This is not always an easy task and like any challenging task, we may be tempted to take quick and easy route. Unfortunately, too often we approach the process of understanding community issues and stakeholders more as a tourist rather than a guest.</p>
<p>Tourist or Guest</p>
<p>Allow me a simple analogy. I have just returned from a two-week project in Santo Domingo. When traveling outside the United States, I always make a point to ask fellow travelers about their trip. Answers to “What did you do? Where did you stay? What did you learn?” are quite revealing. On one end of the spectrum are those I call the tourist – the person who wants to see as many places as possible in the least amount of time while gathering the most air travel miles. They may be the ones who stay in an all-inclusive or global hotel chain in the primary regional city, take a one-hour city tour and returned to the US with another check off the bucket list. At the other end of the spectrum are the visitors – those investigators who have yearned and planned a trip based upon wanting to know the destination. These are travelers who have stayed in regional hotels or hostels, eaten local food in local restaurants, and even ridden public transport. They have talked to the locals and, just maybe, invited into the homes of locals. The differences are significant. This analogy fits well with the concept of Inclusive Mediation.</p>
<p>The Inclusive Approach</p>
<p>An inclusive approach to community mediation requires the ability to accept all participants and understanding where they are in the process as well as where they have come from while keeping an eye on process (Harmon-Darrow, et al., 2019). It is the balance of keeping the big picture of moving from point A to B while understanding and building on each stop along the way. Successful mediation should be somewhere between utilitarian quest for the greatest good and deontology desire to address individual needs (Hardy & Rundel, 2012). This is the value mediators bring to the table. Community mediation should never be approached solely as a tourist. Not going local and asking questions prevents the traveler from understanding.</p>
<p>Rationale</p>
<p>On a final note, while inclusive mediation has the potential to build capacity it should never considered as an ultimate step. The idea that mediation value goes beyond the quest for settlement and instead strives for community growth and empowerment (Bush and Folger, 2002) is important. The key is to understand that beneficial mediation is not a “one and done” process. We live in a dynamic world with needs and situations constantly changing. Assuming the resolution benefits achieved by successful mediation will be lasting – even in the short term – is not reasonable (Pincock, 2013). Resolution is a journey.</p>
<p> </p>
<p>References</p>
<p>Bush, R. A. B., and J. P. Folger. 1994. The Promise of Mediation. San Francisco: Jossey-Bass</p>
<p>Hardy, S. & Rundel, O., (2012). Applying the inclusive model of ethical decision making to mediation. <em>James Cook University Law Review</em>, <em>19</em>, 70–89.</p>
<p>Harmon-Darrow, C., Charkoudian, L., Ford, T., Ennis, M. C., & Bridgeford, E. (2020). Defining Inclusive mediation: Theory, practice, and research. <em>Conflict Resolution Quarterly</em>, <em>37</em>(4), 305–324. <a href="https://doi.org/10.1002/crq.2127">https://doi.org/10.1002/crq.2127</a></p>
<p>Pincock, H. (2013), Does Mediation Make Us Better? Exploring the Capacity-Building Potential of Community Mediation. Conflict Resolution Quarterly, 31: 3-30. <a href="https://doi.org/10.1002/crq.21077">https://doi.org/10.1002/crq.21077</a></p>Star Wars, Negotiation, and Conflict Resolution - Together, they Aretag:www.adrhub.com,2022-12-16:4905899:BlogPost:1788362022-12-16T17:30:00.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10912134066?profile=original" rel="noopener" target="_blank"><img class="align-right" height="421" src="https://storage.ning.com/topology/rest/1.0/file/get/10912134066?profile=RESIZE_710x" width="280"></img></a></span></p>
<p><span style="font-size: 12pt;">Negotiate for a living? Resolve conflict? Manage teams? Responsible for relationships within and outside of your company? Work with people? Fight sometimes?</span></p>
<p><span style="font-size: 12pt;"><strong>I've got the book for you.…</strong></span></p>
<p></p>
<p><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10912134066?profile=original" target="_blank" rel="noopener"><img src="https://storage.ning.com/topology/rest/1.0/file/get/10912134066?profile=RESIZE_710x" class="align-right" width="280" height="421"/></a></span></p>
<p><span style="font-size: 12pt;">Negotiate for a living? Resolve conflict? Manage teams? Responsible for relationships within and outside of your company? Work with people? Fight sometimes?</span></p>
<p><span style="font-size: 12pt;"><strong>I've got the book for you.</strong></span></p>
<p><span style="font-size: 12pt;">Oh, one more thing. You need to like <em>Star Wars</em>.</span></p>
<p><span style="font-size: 12pt;">I said "like", ok? Not as in, "Class-12 supernerd Jedi". But, you know, you've seen a movie or three, remember some of the characters, know who Luke's father is. [You don't <em>have </em>to speak like Yoda occasionally when you think nobody's listening, or attempt to sound like Chewbacca when you need to let off steam. To judge, who am I?] </span></p>
<p><span style="font-size: 12pt;"><em><a href="https://www.amazon.com/Star-Wars-Conflict-Resolution-Alternatives/dp/1734956224"><strong>Star Wars and Conflict Resolution</strong></a></em> is a two-way ride. Experts in negotiation and conflict resolution explain scenes, conversations, and characters from the movies as they've never before been explained. And, as they introduce negotiation and conflict dynamics in Star Wars, they describe how they play out in our own galaxy as well, and make suggestions for how we can do better at negotiating and managing our conflicts.</span></p>
<p><span style="font-size: 12pt;">The book is perfect for anyone who works with people, or works in conflict. That's right: lawyers, mediators, managers, doctors, nurses, customer service, negotiators, and many more. Also, parents, am I right (or, is it just my kids?)? </span></p>
<p><span style="font-size: 12pt;">[Also, half my reason for creating it was to explain to my family and friends who couldn't understand my job as a professional negotiator and mediator just what I did for a living. Sound familiar? If so, just so you know: this book does the trick. If I were really hawking it, I'd probably even add that if you order it soon it will arrive in time for the holidays. But this *isn't* that sort of post. ]</span></p>
<p><span style="font-size: 12pt;">If you somehow don't work with people and also never fight, you know someone who does. And, more generally, if you have a <em>Star Wars</em> person in your life this book is for them.</span></p>
<p><span style="font-size: 12pt;">I co-edited <strong><em><a href="https://www.amazon.com/Star-Wars-Conflict-Resolution-Alternatives/dp/1734956224">Star Wars and Conflict Resolution</a></em></strong> together with <b><a href="https://www.linkedin.com/post/edit/7009552114804740097/">Jennifer Reynolds</a></b>, a professor at <b><a href="https://www.linkedin.com/post/edit/7009552114804740097/">University of Oregon School of Law</a></b> <b><a href="https://www.linkedin.com/post/edit/7009552114804740097/">University of Oregon</a></b>. It was published by the amazing DRI Press at <b><a href="https://www.linkedin.com/post/edit/7009552114804740097/">Mitchell Hamline School of Law</a></b>, specializing in books on negotiation and dispute resolution. It includes contributions from <b><a href="https://www.linkedin.com/in/ACoAAADJybkBNgkcTsfuOzt4yoLVpV5A-yQIUcs">Rachel Viscomi</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAACL-K0BhCnPdyiMiBnhjjC1H13kWOmIr3o">Thomas Freeman</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAS5zFEBxdBLr5CRu0LcSHBjPxhTbcyVFdI">Deborah Cai</a></b>, <b><a href="https://www.linkedin.com/in/ACoAABAdX5QBPN5Bn_g1YdeAO9LLl0bsL4jmadE">Emily Cai</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAJZSmsBGdxJrgaDlOMy71zmJtcjDMRPMpg">Danielle Blumenberg, MS NCR</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAAfS8QByM5yV5b0nHzKVgOeJAlHiHV58OE">Joshua Weiss</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAZ4GQgBjo7iOdsGXs42kgMEDlwt_InEipI">Gert-Jan Lelieveld</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAOHBlUBIoOmQAZPS1uGsMACwgsOK9rzHUY">Welmer Molenmaker</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAo0OKABtjuBhGfWFuqgcftd7OzSImnlfy0">Adrian Borbély</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAHEgUIB80QQuRl9RpEt9cQfCmzTQY7c8VQ">Bruno André Giraudon</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAUnwWgBzzOumegpsgMKMK6sZsM-D05ELeY">Tariel Sikharulidze, PhD.</a></b>, <b><a href="https://www.linkedin.com/in/ACoAABfI7gYBA76bdLjQToUeGeLbF0NjjLAckeI">R. Tyler Spradley, PhD</a></b>, <b><a href="https://www.linkedin.com/in/ACoAACtqjIwBvPSJFn7xPO5-iuaKB6rX9VwNOdI">Elizabeth Spradley</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAACtYKMBU5qCwY5uJfAcK9XX5856ULrNqkY">Sherrill Hayes</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAMvodwBXmz3EJASVeH3E12OrHXk1Auzjgc">Imre Szalai</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAj1Z-0BzSzpTv99SqVzz_GbSOYVcK47Noo">C. Scott Maravilla</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAABmXAkBtc7yn7IYNTsgaSEzEJO2vG3rv1Y">Deborah Eisenberg</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAAGM5QBAyIR1HUkGo_PmLW_tqvPx0ghxkI">Hillary Anger Elfenbein</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAABUFUMBnzZPUs1Fm9eaGEwlofjhYqxdcwg">William Bottom</a></b>, <b><a href="https://www.linkedin.com/in/ACoAAAKqoB8BjyDN62IwVf7549C-bMOO0YeVLDE">Joseph Allen</a></b>, <b><a href="https://www.linkedin.com/in/ACoAABk0fqIBRCZUCEmo6Gih6dIvRpCgsjUKb18">Emilee Eden</a></b> [and others without a LinkedIn page :-)]. Check 'em out; they know their stuff. And, they know their <em>Star Wars</em>. Combined, they could take on the whole Empire themselves, and bring peace and justice to the galaxy in no time.</span></p>
<p><span style="font-size: 12pt;">But don't take it from me. Here are some nice things people have said about the book - coming at it from both the <em>Star Wars</em> side, and the negotiation and conflict resolution side.</span></p>
<p><span style="font-size: 12pt;">“<i><em>Star Wars</em></i> may have taken place a long time ago in a galaxy far, far away, but the insights of the chapter authors in this book could not be more relevant today…. <i><em>Star Wars and Conflict Resolution</em></i> is a brilliant idea for a book. These editors are my kind of scum!” <b><strong>Kevin S. Decker, Co-editor,</strong></b> <i><em><strong>Star Wars and Philosophy</strong></em></i> <strong>(vols I, II , and III)</strong></span></p>
<p><span style="font-size: 12pt;">“A must-read for any Jedi in training - or managers searching for an accessible and fun but science-based book on conflict resolution.” - <b><strong>Dr. Alfred Zerres, Associate Professor of Organizational Behavior, University of Amsterdam</strong></b> </span></p>
<p><span style="font-size: 12pt;">"Looking to another galaxy long ago and far, far away, this remarkable book shows how words, not weapons, win peace in our galaxy today.” - <b><strong>William Irwin, General Editor of the Blackwell Philosophy and Pop Culture Series </strong></b> </span></p>
<p><span style="font-size: 12pt;">“…whether you have watched the films dozens of times or you know Yoda only from popular culture – you will be rewarded with gems of insight.” - <b><strong>Michelle LeBaron, Professor of Law, University of British Columbia </strong></b></span></p>
<p><span style="font-size: 12pt;"> “Even for someone who dislikes pretty much everything <i><em>Star Wars</em></i>, I find this book to be a well-written and accessible introduction to the evidence-based science of negotiation and conflict management. And if you like <i><em>Star Wars</em></i> then even better!” <b><strong>---Bruce Barry, Vanderbilt University, Brownlee O. Currey, Jr., Professor of Management</strong></b></span></p>
<p><span style="font-size: 12pt;">“…This book shows why the Jedi Academy should have taught mediation, and how we could use this assisted negotiation process in our own lives. It also reminds us to always feel the Force!” - <b><strong>Rosa Abdelnour, Mediator, Costa Rica</strong></b></span></p>
<p><span style="font-size: 12pt;"> “When we experience conflict, it’s easy to go to “the Dark Side” and let anxiety, uncertainty, and discomfort take control of our thoughts, feelings, and behaviors. In this insightful and enjoyable read, the authors share concrete and helpful perspectives for anyone trying to get better at managing difficult people and tricky situations. (On second thought, Do or Do Not. There is no try.)" ---<b><strong>Deborah Grayson Riegel, Author of “</strong></b><i><em><strong>Overcoming Overthinking: 36 Ways to Tame Anxiety for Work, School, and Life</strong></em></i><strong>” and adjunct professor at Columbia Business School and Wharton Business School</strong></span></p>
<p><span style="font-size: 12pt;">-----</span></p>
<p><span style="font-size: 12pt;">If this book is the droid you are looking for, enjoy it! When you're done with it, hand it to a friend. Check out more of what we’re doing at <a href="http://www.starwarsconflictresolution.com">www.starwarsconflictresolution.com</a> and follow us on Twitter @StarWarsConRes or <b><a href="https://linktr.ee/starwarsconres">on any of our social media</a></b> to hear news of new books and fun events.</span></p>Mediation - 5 Different Methods for 5 Different Purposestag:www.adrhub.com,2022-08-20:4905899:BlogPost:1778182022-08-20T21:47:00.000ZGiuseppe Leonehttp://www.adrhub.com/profile/GiuseppeLeone545
<p style="text-align: center;"><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10779459660?profile=original" rel="noopener" target="_blank"><img src="https://storage.ning.com/topology/rest/1.0/file/get/10779459660?profile=RESIZE_710x"></img></a></span></p>
<p></p>
<p><span style="font-size: 12pt;">On February 18, 2022 I interviewed via Zoom Tara West, a conflict coach and certified transformative mediator, with a background in law and psychology.</span></p>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">She is the author…</span></p>
<p style="text-align: center;"><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10779459660?profile=original" target="_blank" rel="noopener"><img src="https://storage.ning.com/topology/rest/1.0/file/get/10779459660?profile=RESIZE_710x"/></a></span></p>
<p></p>
<p><span style="font-size: 12pt;">On February 18, 2022 I interviewed via Zoom Tara West, a conflict coach and certified transformative mediator, with a background in law and psychology.</span></p>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">She is the author of <em>The Mediator’s Approach: Five (and a Half) Paths through Conflict,</em> and co-author with Dan Simon of a book titled <em>Self Determination in Mediation: The Art and Science of Mirrors and Lights</em>, which will be released next month.</span></p>
<p class="p2"></p>
<p class="p1"><span style="font-size: 12pt;">During our 7-min conversation Tara West explained why she thinks it would be useful for mediators and attorneys to be aware of the key differences between the 5 most well-known approaches to mediation:<span class="Apple-converted-space"> </span></span></p>
<ul>
<li class="p1"><span style="font-size: 12pt;">Evaluative</span></li>
<li class="p1"><span style="font-size: 12pt;">Facilitative</span></li>
<li class="p1"><span style="font-size: 12pt;">Transformative</span></li>
<li class="p1"><span style="font-size: 12pt;">Narrative</span></li>
<li class="p1"><span style="font-size: 12pt;">Understanding-based</span></li>
</ul>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">In her short but well researched book, she analyzes the assumptions that each of those 5 different mediation approaches is based on, and provides a list of useful resources (i.e. books, articles) for learning more about that particular approach.</span></p>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">To learn more about Tara West you can <a href="https://tarawestmediation.com" target="_blank" rel="noopener">go to her website</a> There, in the Services page, notice how, in line with her transformative mediation approach, she describes her mediation services to prospective clients/parties like this: "<span>As a mediator, it’s my goal to help people in conflict have the <em>best conversation</em> they can have.", thus avoiding the term (or any promise of) conflict "resolution".</span></span></p>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">If you’re interested to watch our interview, <a href="https://mymediationskills.blogspot.com/2022/08/transformative-mediation-evaluative-mediation-narrative-mediation-facilitative-mediation-understanding-based-mediation.html" target="_blank" rel="noopener">you can find it posted on my blog</a></span></p>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">I hope you'll find this post useful. Any comment is welcome.</span></p>
<p class="p1"></p>
<p class="p1"><span style="font-size: 12pt;">Giuseppe Leone</span></p>
<p class="p1"></p>
<p class="p1"></p>2022 Resource Share Materialtag:www.adrhub.com,2022-07-27:4905899:BlogPost:1779032022-07-27T15:24:24.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p class="x_MsoNormal"><span style="font-size: 12pt;">Here is the compilation of resources harvested at the 2022 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Sharon Press and I appreciated seeing so many colleagues attend the session, and their continued generosity in sharing their experience.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">The …</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Here is the compilation of resources harvested at the 2022 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Sharon Press and I appreciated seeing so many colleagues attend the session, and their continued generosity in sharing their experience.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">The <strong><a href="https://storage.ning.com/topology/rest/1.0/file/get/10673701860?profile=original" target="_blank" rel="noopener">main document</a></strong> includes all of the resources contributed at this session and at previous sessions held over the past few years. Note that it is annotated with yellow highlights for “new additions” contributed in 2022, and blue highlights for “updated information” provided in 2022 regarding contributions from previous years..</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Some of the resources described in the main document refer to appendices, which you can view here:</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10673702256?profile=original" target="_blank" rel="noopener">Appendices A-Q</a></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10673702280?profile=original" target="_blank" rel="noopener">Appendix R</a></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10673702654?profile=original" target="_blank" rel="noopener">Appendix S</a></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/10673749897?profile=original" target="_blank" rel="noopener">Appendix T</a></span></p>
<p class="x_MsoNormal"></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Good luck in utilizing these resources in your classrooms!</span></p>Coming Out as Introvertedtag:www.adrhub.com,2022-06-14:4905899:BlogPost:1775292022-06-14T14:21:30.000ZJohn Landehttp://www.adrhub.com/profile/JohnLande
<p>My recent <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4126439">piece about introversion</a> seems to have struck a nerve. It stimulated the most – and most intense – reactions to any of my posts. Several people emphatically identified with it, saying that they felt that it was about them.</p>
<p> </p>
<p>I’m sure a lot of other readers felt that way too.</p>
<p> </p>
<p>Introversion is a mostly invisible part of people’s identities. We are pretty aware of many aspects of…</p>
<p>My recent <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4126439">piece about introversion</a> seems to have struck a nerve. It stimulated the most – and most intense – reactions to any of my posts. Several people emphatically identified with it, saying that they felt that it was about them.</p>
<p> </p>
<p>I’m sure a lot of other readers felt that way too.</p>
<p> </p>
<p>Introversion is a mostly invisible part of people’s identities. We are pretty aware of many aspects of our identities such as our physical and demographic characteristics, relationships, religious and political perspectives, liking certain sports teams or performers, etc.</p>
<p> </p>
<p>But many people who feel introverted have only a vague awareness of that part of their identity. Part of the challenge is due to the lack of a clear definition of introversion, and part is due to the fact that people may be more or less introverted at different times and in different contexts.</p>
<p> </p>
<p>People’s avoidance of identifying as introverted also is partly because it is generally seen as an undesirable characteristic – “a second-class personality trait, somewhere between a disappointment and a pathology,” according to Susan Cain. She says that “the extrovert ideal can lead to anxiety, dysfunctional behavior, and failure to take advantage of [people’s] gifts related to their introversion.”</p>
<p> </p>
<p>So people who are aware of their introversion may want to be in the closet and try to act more extroverted.</p>
<p> </p>
<p>I think that reactions to my post – and, more importantly, the work of Susan Cain and others – reflect introverted people’s feelings of validation and liberation.</p>
<p> </p>
<p>It’s ok to be introverted. It’s not only ok, but introversion can cause people to produce significant benefits for themselves and others. And be happier.</p>
<p> </p>
<p>It’s like coming out of the introversion closet. Randy Rainbow expressed it in his typically exuberant way: “I’m finally ready to say, my name is Randy Rainbow, yes really, and I’m a hardcore, out and proud, full blown INTROVERT.”</p>
<p> </p>
<p>The coming out may simply be to oneself – acknowledging part of one’s identity that one didn’t consciously recognize before.</p>
<p> </p>
<p>If you have significant introverted tendencies, you deserve self-acceptance and self-compassion. You don’t have to be – or act – extroverted to be happy or successful. Heidi Brown emphasizes the importance of being authentic – who you really are.</p>
<p> </p>
<p>Law school and legal practice can be especially brutal to introverted people. </p>
<p> </p>
<p>It doesn’t have to be so bad. Academics and practitioners regularly interact with introverted people and can help them as they really are. People can learn to act more extroverted when needed without losing their identities. We can pay attention when people feel introverted, accept them, and help them manage well regardless of their general personalities.</p>ADR and Racial Equity Hackathon, Harvard Mediation and Negotiation Clinical Program, June 23-24tag:www.adrhub.com,2022-06-09:4905899:BlogPost:1774532022-06-09T21:14:16.000ZADRhub.com - Creighton NCRhttp://www.adrhub.com/profile/ADRhubWerner
<p class="x_MsoNormal"><b><span>Join us for an ADR and Racial Equity Hackathon on June 24th!</span></b><span> </span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>[TL; DR Join us for a day-long team-based sprint to build solutions to address power imbalances and racial inequity in ADR. Sign up…</span></p>
<p class="x_MsoNormal"><b><span>Join us for an ADR and Racial Equity Hackathon on June 24th!</span></b><span> </span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>[TL; DR Join us for a day-long team-based sprint to build solutions to address power imbalances and racial inequity in ADR. Sign up<a href="https://urldefense.com/v3/__https://forms.gle/NvnRTE1hzhMaSBAn7__;!!MuWMPV1_1eXDnA!yjYTp44JLB7JPxWUAScElGqKp0l1MubfJXnraw0wozENaZAAPfJD-Wv1P_gp0xdqoDH5aE4bKAB5XCUVZR61PfoXwKey$" target="_blank" rel="noopener noreferrer"> here</a>!]</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><b><span>What is a hackathon?</span></b></p>
<p class="x_MsoNormal"><span>A hackathon brings people together to work in teams to build innovative solutions to concrete problems over a short period of concentrated activity.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>Traditionally, hackathons are multi-day competitions that culminate in each team delivering a pitch, in hopes of winning a prize. Ours is a one-day burst, focused on collaboration rather than competition. (We hope all the projects people work on will help to advance our field and our society and that that will be prize enough. </span><span>J</span><span>)</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><b><span>Why a hackathon on ADR & Racial Equity?</span></b></p>
<p class="x_MsoNormal"><span>To engage the complex work of building more just and equitable processes, institutions, and communities together!</span></p>
<p class="x_MsoNormal"><b><span> </span></b></p>
<p class="x_MsoNormal"><span>Inequity and oppression are baked into our society and permeate the ways we experience, practice, and teach engaging with conflict. </span><span>Many of us regularly face the questions of how to work within systems plagued with injustice without perpetuating injustice and impeding long-term structural change.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>Many have highlighted the structures, assumptions, and practices that embed white supremacy and power imbalances within our field and beyond. Dismantling unjust systems is critical. So is building new, inclusive ones.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>We envision this as an opportunity to get creative together in thinking about what’s possible moving forward. We hope it will jumpstart projects and ideas that will continue over the summer and beyond.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><b><span>So just to be clear, I have to work? I can’t just watch people talk?</span></b></p>
<p class="x_MsoNormal"><span>Yes. This is a “roll up your sleeves” event.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>We’ll be working in teams to build solutions (or, realistically, the beginnings of solutions) to pressing challenges that face the dispute resolution field and our society more broadly.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><b><span>What challenges will we be trying to solve?</span></b></p>
<p class="x_MsoNormal"><span>Different teams will work on different challenges within the broader umbrella of ADR and Racial Equity. We will crowdsource a list of proposed challenges and participants will have an opportunity to indicate what they’d like to work on. Each participant will be assigned to a team with a specific area of focus.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>Here’s an illustrative list of the types of topics participants might engage:</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoListParagraphCxSpFirst"><span>§ </span>How do we design systems (in the context of the criminal system, the housing system, the healthcare system, etc.) that account for the interlocking systems of oppression in which so many people find themselves?</p>
<p class="x_MsoListParagraphCxSpMiddle"><span>§ </span>How do we better ensure that we are designing systems with the guidance, wisdom, and consent of the communities they serve?</p>
<p class="x_MsoListParagraphCxSpMiddle"><span>§ </span>How do we do a better job attracting, supporting, empowering, and promoting teachers, mediators, arbitrators, and practitioners of color?</p>
<p class="x_MsoListParagraphCxSpMiddle"><span>§ </span>How do we better serve parties of color in our mediation (or arbitration, or restorative justice, or community dialogue programs)?</p>
<p class="x_MsoListParagraphCxSpLast"><span>§ </span>How do we foster greater self-determination in parties working within the court system?</p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>This list is meant to inspire your thinking—not to limit it.</span></p>
<p class="x_MsoNormal"><b><span> </span></b></p>
<p class="x_MsoNormal"><b><span>Where is this event happening?</span></b></p>
<p class="x_MsoNormal"><span>Wherever you are!</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>We will convene and collaborate virtually using an interactive platform. We’ll send out the technical information to registered participants closer to the event.</span></p>
<p class="x_MsoNormal"><b><span> </span></b></p>
<p class="x_MsoNormal"><b><span>Okay, this sounds interesting, but am I the type of person who should join?</span></b></p>
<p class="x_MsoNormal"><span>Do you care about building a more just world? Then yes! Please join us!</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>There are no prerequisites, qualifications, or preparation required for attendance. Our goal is to convene practitioners, students, teachers, community members, and professionals of all kinds—the more wisdom in the room, the more wisdom we can bring to bear on building solutions for addressing power asymmetries and racial inequities in ADR and beyond. If you know someone who'd be interested in participating, please invite them to join us!</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><b><span>Okay, I’m intrigued. How do we do this thing?</span></b></p>
<p class="x_MsoNormal"><span>We will kick things off with a virtual welcome reception the evening<i> </i>of June 23.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>The Hackathon will begin at 10 a.m. EST on June 24 and we will break into our working groups shortly thereafter. We will spend the bulk of the day working in teams, with an hour-long break for lunch and social time. We will come back together at the end of the day so that each team can present their pitch to the group.</span></p>
<p class="x_MsoNormal"><b><span> </span></b></p>
<p class="x_MsoNormal"><b><span>What if I want to bring a pre-formed team to focus on a specific challenge together?</span></b></p>
<p class="x_MsoNormal"><span>Great! Just indicate that when you register and we’ll be sure to keep your group intact.</span></p>
<p class="x_MsoNormal"><b><span> </span></b></p>
<p class="x_MsoNormal"><b><span>I’m in. Respectfully, though, I’m not sure you know what you’re doing. Can I help plan?</span></b></p>
<p class="x_MsoNormal"><span>Yes, please! This is a new approach for us and we’d love to learn from your thoughts and experience. We’ll be holding a planning meeting for anyone who wants to join us on <b>June 7<sup>th</sup> at 1 p.m. EST.</b></span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><b><span>I’d love to sign up. How do I do that?</span></b></p>
<p class="x_MsoNormal"><span>So glad you asked! You can <a href="https://urldefense.com/v3/__https://forms.gle/NvnRTE1hzhMaSBAn7__;!!MuWMPV1_1eXDnA!yjYTp44JLB7JPxWUAScElGqKp0l1MubfJXnraw0wozENaZAAPfJD-Wv1P_gp0xdqoDH5aE4bKAB5XCUVZR61PfoXwKey$" target="_blank" rel="noopener noreferrer">register here</a>.</span></p>Introversion, the Legal Profession, and Dispute Resolutiontag:www.adrhub.com,2022-06-06:4905899:BlogPost:1777162022-06-06T17:40:07.000ZJohn Landehttp://www.adrhub.com/profile/JohnLande
<p>Hi everyone. </p>
<p></p>
<p>Do you often feel introverted, generally preferring to be in a small group of trusted friends than in a large gathering, for example? </p>
<p></p>
<p>It turns out that there a lot of people who feel that way. </p>
<p></p>
<p>Susan Cain, author of <em>Quiet: The Power of Introverts in a World That Can't Stop Talking,</em> cites studies indicating that a third to a half of the American population is introverted. </p>
<p></p>
<p>Perhaps surprisingly, even larger…</p>
<p>Hi everyone. </p>
<p></p>
<p>Do you often feel introverted, generally preferring to be in a small group of trusted friends than in a large gathering, for example? </p>
<p></p>
<p>It turns out that there a lot of people who feel that way. </p>
<p></p>
<p>Susan Cain, author of <em>Quiet: The Power of Introverts in a World That Can't Stop Talking,</em> cites studies indicating that a third to a half of the American population is introverted. </p>
<p></p>
<p>Perhaps surprisingly, even larger proportions of law students and lawyers may be introverted. I suspect that an even larger proportion of law professors feel that way, with an even higher proportion faculty teaching dispute resolution being introverted. And lots of mediators. </p>
<p></p>
<p>Hell, you may feel introverted much of the time. Me too. </p>
<p></p>
<p>A Google search for “introversion” yields more than 136 million hits. There are more than 6,000 publications with references to introversion in the American Psychological Association PsychInfo database. Westlaw’s Law Reviews and Journals database has more than 1,000 articles referring to introversion, many of which are in bar journals, offering advice for lawyers to overcome introverted tendencies. </p>
<p></p>
<p>I just uploaded an overgrown blog post,<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4126439" target="_blank" rel="noopener">Introversion, the Legal Profession, and Dispute Resolution</a>, which is part of my series. It discusses Ms. Cain’s book as well as an unlikely combination of three others:</p>
<p> </p>
<ul>
<li><em>The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy</em> by Brooklyn Law Professor Heidi K. Brown</li>
</ul>
<p> </p>
<ul>
<li><em>Sorry I’m Late, I Didn’t Want to Come: One Introvert's Year of Saying Yes</em> by Jessica Pan</li>
</ul>
<p> </p>
<ul>
<li><em>Playing with Myself</em> by Randy Rainbow</li>
</ul>
<p> </p>
<p>These books illustrate how introversion is a real thing. It’s just not the same thing for everyone. There are many different combinations of causes and consequences of people’s introverted feelings, sensitivities, reactions, preferences, and behaviors.</p>
<p> </p>
<p>There is a social bias favoring extroversion in Western societies. As a result, introverted people often feel flawed and ashamed because they aren’t comfortable acting more outgoing.</p>
<p>Academics and practitioners are likely to encounter a lot of students, clients, colleagues, supervisors, counterparts, loved ones, and lots of other people grappling with challenges of introversion.</p>
<p> </p>
<p>The books offer interesting and entertaining lessons for introverted people and anyone dealing with them.</p>
<p> </p>
<p>Take a look.</p>
<p></p>
<p>Best,</p>
<p>John Lande</p>June 13th NCTDR Webinar: Sir Richard Susskind and Prof. Ethan Katshtag:www.adrhub.com,2022-06-06:4905899:BlogPost:1774462022-06-06T14:28:28.000ZADRhub.com - Creighton NCRhttp://www.adrhub.com/profile/ADRhubWerner
<p align="center" class="x_MsoNormal"><b><span>A conversation with <a href="https://urldefense.com/v3/__https://odr.info/richard-susskind-2/__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54TRKh69U$" rel="noopener noreferrer" target="_blank">Richard Susskind</a> (author) & …</span></b></p>
<p class="x_MsoNormal" align="center"><b><span>A conversation with <a href="https://urldefense.com/v3/__https://odr.info/richard-susskind-2/__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54TRKh69U$" target="_blank" rel="noopener noreferrer">Richard Susskind</a> (author) & <a href="https://urldefense.com/v3/__https://odr.info/ethan-katsh/__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54XpBkhda$" target="_blank" rel="noopener noreferrer">Ethan Katsh</a> (NCTDR Founder)</span></b></p>
<p class="x_MsoNormal" align="center"><b><span> </span></b></p>
<p class="x_MsoNormal" align="center"><b><span>June 13, 2022 @ noon EST</span></b></p>
<p class="x_MsoNormal"><b><span> </span></b></p>
<p class="x_MsoNormal" align="center"><b><span>celebrating the 2022 updated edition of</span></b></p>
<p class="x_MsoNormal" align="center"><b><span> </span></b></p>
<p class="x_MsoNormal" align="center"><b><i><span><a href="https://urldefense.com/v3/__https://global.oup.com/academic/product/the-future-of-the-professions-9780198841890?cc=us&lang=en&__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54RSa8wpa$" target="_blank" rel="noopener noreferrer">The Future of the Professions: How Technology Will Transform the Work of Human Experts</a></span></i></b><b><span>
by Richard Susskind and Daniel Susskind (OUP 2022)</span></b></p>
<p class="x_MsoNormal" align="center"><b><span>hosted by
<a href="https://urldefense.com/v3/__https://odr.info/__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54WY_3408$" target="_blank" rel="noopener noreferrer">The National Center for Technology and Dispute Resolution</a></span></b></p>
<p class="x_MsoNormal" align="center"><b><span><a href="https://urldefense.com/v3/__https://umass-amherst.zoom.us/j/99148280113__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54RWESYRz$" target="_blank" rel="noopener noreferrer">https://umass-amherst.zoom.us/j/99148280113</a></span></b></p>
<p align="center"><b>This event will be recorded and available @ odr.info</b></p>
<p class="x_MsoNormal" align="center"><span> </span></p>
<p class="x_MsoNormal"><b><span>Professor <a href="https://urldefense.com/v3/__https://odr.info/richard-susskind-2/__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54TRKh69U$" target="_blank" rel="noopener noreferrer">Richard Susskind</a> OBE</span></b><span> is the world’s most cited author on the future of legal services. He is President of the Society for Computers and Law, Chair of the Advisory Board of the Oxford Internet Institute, and, since 1998, has been Technology Adviser to the Lord Chief Justice of England and Wales. The Founder of Remote Courts Worldwide (<a href="https://urldefense.com/v3/__http://www.remotecourts.org__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54WWAAE6d$" target="_blank" rel="noopener noreferrer">www.remotecourts.org</a>), he also chaired the Online Dispute Resolution Advisory Group of the Civil Justice Council </span><span>in England and Wales whose proposals on online courts have been adopted as judicial and government policy. </span><span>Richard's many books have been translated </span><span>into 15 languages and he has been invited to speak in over 50 countries.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p><em><b><span>Professor </span></b></em><b><span><a href="https://urldefense.com/v3/__https://odr.info/ethan-katsh/__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54XpBkhda$" target="_blank" rel="noopener noreferrer">Ethan Katsh</a></span></b><em><span> </span></em><span class="x_news"><span>is widely recognized as the founder of the field of online dispute resolution (ODR). He established </span></span><em><span>the National Center for Technology and Dispute Resolution and is Professor Emeritus of Legal Studies, University of Massachusetts Amherst. He is a prolific author and his works include </span></em><span>c<span class="x_apple-converted-space">o-authoring (with Orna Rabinovich-Einy) of <a href="https://urldefense.com/v3/__https://global.oup.com/academic/product/digital-justice-9780190675677?cc=us&lang=en&__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54fIyWSP7$" target="_blank" rel="noopener noreferrer">Digital Justice: Technology and the Internet of Disputes</a> (2017, Oxford University Press). He is the recipient of 2017 <a href="https://urldefense.com/v3/__http://www.americanbar.org/groups/dispute_resolution/awards_competitions/d_alemberte_raven_award.html__;!!MuWMPV1_1eXDnA!3MaB9CBAFZWgz5SvXjWMaJFF6r0_-l7Jz25zWYzJyQd1D5C6QkT02PqALXJ67TPuwGJ982QeugcxKxV54fMIVuvr$" target="_blank" rel="noopener noreferrer">D’Alemberte-Raven Award</a> from the American Bar Association Section of Dispute Resolution.</span></span></p>
<p class="x_MsoNormal"> </p>Soliciting proposals for chapters in a book on disruptive technologies and government responsestag:www.adrhub.com,2022-05-31:4905899:BlogPost:1777112022-05-31T18:38:10.000ZSam Edwardshttp://www.adrhub.com/profile/SamEdwards
<p><span>Goal: </span><span class="text-with-line-breaks"><span class="Linkify"><span>We would like to enthusiastically invite scholars and experts to submit proposals for chapters to be included in a forthcoming book titled, “Government Response to Disruptive Innovation: Perspectives and Examinations.”</span></span></span></p>
<p><span class="text-with-line-breaks"><span class="Linkify"><span>ODR is especially well-suited to this topic. …</span></span></span></p>
<p></p>
<p><span>Goal: </span><span class="text-with-line-breaks"><span class="Linkify"><span>We would like to enthusiastically invite scholars and experts to submit proposals for chapters to be included in a forthcoming book titled, “Government Response to Disruptive Innovation: Perspectives and Examinations.”</span></span></span></p>
<p><span class="text-with-line-breaks"><span class="Linkify"><span>ODR is especially well-suited to this topic. </span></span></span></p>
<p><span class="text-with-line-breaks"><span class="Linkify"><span>Specifically, we would like to solicit proposals touching on the following themes:</span><br/><br/><span>• Theoretical framework of disruptive technologies and government responses</span><br/><span>• Innovations in food systems</span><br/><span>• Autonomous vehicles</span><br/><span>• Government use of technology for surveillance and the impact on privacy</span><br/><span>• Privacy, speech, technology, and the private sphere (workplace surveillance, space tourism, right to repair, etc.)</span><br/><span>• The use of technology to reduce inequality</span><br/><span>• Digital interactions between citizens and governments: improving government services</span><br/><span>• Education</span><br/><br/><span>Please visit <a class="nova-legacy-e-link nova-legacy-e-link--color-inherit nova-legacy-e-link--theme-decorated" href="https://www.researchgate.net/deref/https%3A%2F%2Fwww.igi-global.com%2Fpublish%2Fcall-for-papers%2Fcall-details%2F5919" target="_blank" rel="noopener">https://www.igi-global.com/publish/call-for-papers/call-details/5919</a> for more details regarding this publication and to submit your work. You can also find detailed manuscript formatting and submission guidelines at <a class="nova-legacy-e-link nova-legacy-e-link--color-inherit nova-legacy-e-link--theme-decorated" href="https://www.researchgate.net/deref/http%3A%2F%2Fwww.igi-global.com%2Fpublish%2Fcontributor-resources%2Fbeforeyou-write%2F" target="_blank" rel="noopener">http://www.igi-global.com/publish/contributor-resources/beforeyou-write/</a>.</span><br/><br/><span>Thank you very much for your consideration of this invitation, and I hope to hear from you by <strong>June 25, 2022,</strong> the proposal submission deadline.</span><br/><br/><span>If you have any questions or concerns, please do not hesitate to contact us.</span><br/><br/><span>Sam Edwards email: <a class="nova-legacy-e-link nova-legacy-e-link--color-inherit nova-legacy-e-link--theme-decorated" href="https://www.researchgate.net/deref/mailto%3Asam.edwards%40quinnipiac.edu" target="_blank" rel="noopener">sam.edwards@quinnipiac.edu</a></span><br/><span>James R. Masterson email: <a class="nova-legacy-e-link nova-legacy-e-link--color-inherit nova-legacy-e-link--theme-decorated" href="https://www.researchgate.net/deref/mailto%3Aj.masterson%40moreheadstate.edu" target="_blank" rel="noopener">j.masterson@moreheadstate.edu</a></span></span></span></p>Webinar: ODR Ethics and Standards: What Do They Mean to Our Practices?tag:www.adrhub.com,2022-05-30:4905899:BlogPost:1777082022-05-30T13:00:00.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p align="center" class="x_MsoNormal"><b><span>Webinar: ODR Ethics and Standards: What Do They Mean to Our Practices?</span></b></p>
<p align="center" class="x_MsoNormal"></p>
<p align="center" class="x_MsoNormal"><b><span>Thursday, June 9, 2022 @ 11am-12:30pm EST</span></b></p>
<p align="center" class="x_MsoNormal"><b><span>An international panel moderated by …</span></b></p>
<p class="x_MsoNormal" align="center"><b><span>Webinar: ODR Ethics and Standards: What Do They Mean to Our Practices?</span></b></p>
<p class="x_MsoNormal" align="center"></p>
<p class="x_MsoNormal" align="center"><b><span>Thursday, June 9, 2022 @ 11am-12:30pm EST</span></b></p>
<p class="x_MsoNormal" align="center"><b><span>An international panel moderated by </span></b><span><a href="https://urldefense.com/v3/__https://odr.info/leah-wing/__;!!MuWMPV1_1eXDnA!wS5-Ys4SiJ0heMYGADJ0-TBEb9Bhtnch58_3PNVwDsVzriZA-PIqYNk0xDb0D7bAHkVibt7n-01GfqgmMI9ExL95$" target="_blank" rel="noopener noreferrer"><b>Leah Wing</b></a><b> & </b><a href="https://urldefense.com/v3/__http://danielrainey.us/bio/__;!!MuWMPV1_1eXDnA!wS5-Ys4SiJ0heMYGADJ0-TBEb9Bhtnch58_3PNVwDsVzriZA-PIqYNk0xDb0D7bAHkVibt7n-01GfqgmMDIVq4SD$" target="_blank" rel="noopener noreferrer"><b>Daniel Rainey</b></a></span></p>
<p class="x_MsoNormal" align="center"><span> </span></p>
<p class="x_MsoNormal" align="center"><b><span>Jointly sponsored by</span></b></p>
<p class="x_MsoNormal" align="center"><span><a href="https://urldefense.com/v3/__https://odr.info/__;!!MuWMPV1_1eXDnA!wS5-Ys4SiJ0heMYGADJ0-TBEb9Bhtnch58_3PNVwDsVzriZA-PIqYNk0xDb0D7bAHkVibt7n-01GfqgmMHK4apiP$" target="_blank" rel="noopener noreferrer"><b>The National Center for Technology and Dispute Resolution</b></a></span></p>
<p class="x_MsoNormal" align="center"><b><span>&</span></b></p>
<p class="x_MsoNormal" align="center"><span><a href="https://urldefense.com/v3/__https://icodr.org/__;!!MuWMPV1_1eXDnA!wS5-Ys4SiJ0heMYGADJ0-TBEb9Bhtnch58_3PNVwDsVzriZA-PIqYNk0xDb0D7bAHkVibt7n-01GfqgmMC2yKBMp$" target="_blank" rel="noopener noreferrer"><b>The International Council for Online Dispute Resolution</b></a></span></p>
<p class="x_MsoNormal" align="center"><b><span> </span></b></p>
<p class="x_MsoNormal" align="center"><strong><a href="https://urldefense.com/v3/__https://umass-amherst.zoom.us/j/98085295001__;!!MuWMPV1_1eXDnA!wS5-Ys4SiJ0heMYGADJ0-TBEb9Bhtnch58_3PNVwDsVzriZA-PIqYNk0xDb0D7bAHkVibt7n-01GfqgmMKxb7hij$" target="_blank" rel="noopener noreferrer">https://umass-amherst.zoom.us/j/98085295001</a></strong></p>
<p class="x_MsoNormal"><span>The National Center for Technology and Dispute Resolution, birthplace of ODR, issued a first set of ODR Standards that it has </span><span><a href="https://urldefense.com/v3/__https://icodr.org/standards/__;!!MuWMPV1_1eXDnA!wS5-Ys4SiJ0heMYGADJ0-TBEb9Bhtnch58_3PNVwDsVzriZA-PIqYNk0xDb0D7bAHkVibt7n-01GfqgmMHe8uroi$" target="_blank" rel="noopener noreferrer">revised in 2022</a> jointly with the International Council for Online Dispute Resolution (ICODR). This international panel will discuss the relevance and implications for employing ODR ethical standards in light of the new risks that ODR raises and ways it can compound on-going ethical concerns for ADR and courts (e.g.: data security, confidentiality, power imbalances, and AI-enhanced and repeat player biases). Panelists will discuss the role of ODR standards in the ethical and accountable delivery of ODR across a wide spectrum of jurisdictions, sectors, and types of practice.</span></p>2021 Coalition of Federal Ombudsman Annual Conferencetag:www.adrhub.com,2021-10-01:4905899:BlogPost:1761052021-10-01T15:17:06.000ZADRhub.com - Creighton NCRhttp://www.adrhub.com/profile/ADRhubWerner
<p class="x_MsoNormal">Registration for the 2021 COFO Annual Conference, “Rising Up With Resilience”, is now open! This year’s conference will be held virtually from 9 AM – 5 PM Eastern Daylight Time on Friday, October 15<sup>th</sup>, 2021, and you can register for it now at<span> …</span></p>
<p class="x_MsoNormal">Registration for the 2021 COFO Annual Conference, “Rising Up With Resilience”, is now open! This year’s conference will be held virtually from 9 AM – 5 PM Eastern Daylight Time on Friday, October 15<sup>th</sup>, 2021, and you can register for it now at<span> </span><a href="https://urldefense.com/v3/__https://events.eventzilla.net/e/cofo-2021-annual-conference--rising-up-with-resilience-2138832084__;!!MuWMPV1_1eXDnA!nJcZlaM9y0xsLmlRHq3ShKaUI4ukwVL2NPrYA8uuv17C86-cM4k1DeB32pwLscIclld6$" target="_blank" rel="noopener noreferrer">https://events.eventzilla.net/e/cofo-2021-annual-conference--rising-up-with-resilience-2138832084</a>.<span> </span><span>As always, the conference is free and open to all. The agenda is primarily aimed at federal ombuds practitioners of all models, but includes information and sessions which may be of interest to ombuds and ADR practitioners anywhere, as well as those interested in other fields.</span></p>
<p class="x_m_4927023110099495950MsoNoSpacing"> Federal ombuds empower people and organizations to resolve their conflicts and get their concerns addressed, and in the last two years we have done so through some of the most challenging and difficult circumstances imaginable. As the pandemic continues and events at home and around the world increase stress for us, our communities, and our stakeholders, we rise up with resilience to meet the challenges others bring us.</p>
<p class="x_MsoNormal"><span> </span>At the 2021 COFO Annual Conference, we will focus on how we can continue to rise – as a profession and a community – by remaining resilient and supporting each other. Along the way, we’ll also look at the ways we can better serve others and help them find their own resilience. The full schedule and agenda will be finalized shortly, but among the presenters and sessions are:</p>
<p class="x_MsoNormal"> <span>· </span>Douglas Noll: “How to Calm an Angry Person in 90 Seconds or Less”</p>
<p class="x_m_4927023110099495950MsoListParagraph"><span>· </span>Oladeji Tiamiyu,<span> </span><span>Clinical Fellow at Harvard Negotiation and Mediation Clinical Program: “Clinical Insights from a Decade Partnering with Ombuds”</span></p>
<p class="x_m_4927023110099495950MsoListParagraph"><span>· </span>Jeff Thompson,<span> </span><span>Adjunct Associate Research Scientist, Molecular Imaging and Neuropathology Division of the New York State Psychiatric Institute at Columbia University Medical Center and Detective, New York City Police Department: “Ombuds Resilience in 2021 and Beyond”</span></p>
<p class="x_m_4927023110099495950MsoListParagraph"><span>· </span>Jeff Anderson, Laurel Gordon, Lisa Levine, Chris Vermillion, and Lexi Wolfe: “Who Owns the Story? Re-examining the Role of Ombuds Working with Groups”</p>
<p class="x_m_4927023110099495950MsoListParagraph"><span>· </span><span>Elisa Enriquez: “Work From Home Survival Strategies”</span></p>
<p class="x_MsoNormal"> The conference will be held on the WebEx platform, so<span> </span><u>please make sure your email address is correct when you register</u>. All registrants will receive the conference link via email 24-48 hours before the conference, so please make sure the email you use to register is correct so you don’t miss out!</p>2021 Resource Share Materialtag:www.adrhub.com,2021-05-11:4905899:BlogPost:1746582021-05-11T17:41:43.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p class="x_MsoNormal"><span style="font-size: 12pt;">Here is the compilation of resources harvested at the 2021 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Sharon Press and I appreciated seeing so many colleagues attend the session, and their continued generosity in sharing their experience.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">This is the…</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Here is the compilation of resources harvested at the 2021 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Sharon Press and I appreciated seeing so many colleagues attend the session, and their continued generosity in sharing their experience.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">This is the <strong><span style="text-decoration: underline;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/8913883453?profile=original" target="_blank" rel="noopener">main document</a></span>,</strong> which includes all of the resources contributed at this session and at previous sessions held over the past few years. Note that it is annotated with yellow highlights for “new additions” and blue highlights for “updated information” regarding previous contributions.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Some of the resources described in the main document refer to appendices. <span style="text-decoration: underline;"><strong><a href="https://storage.ning.com/topology/rest/1.0/file/get/8913883889?profile=original" target="_blank" rel="noopener">Appendix N</a></strong></span>, <a href="https://storage.ning.com/topology/rest/1.0/file/get/8913884885?profile=original" target="_blank" rel="noopener"><span style="text-decoration: underline;"><strong>Appendix O</strong></span></a>, and <a href="https://storage.ning.com/topology/rest/1.0/file/get/8913886052?profile=original" target="_blank" rel="noopener"><span style="text-decoration: underline;"><strong>Appendix P</strong></span></a> are new material from 2021. The main document also references material in </span><span style="font-size: 16px;">the </span><strong style="font-size: 16px;"><a href="http://redirect.viglink.com/?format=go&jsonp=vglnk_159226351982510&key=034153a8f6f990b64f375d12e1cc4572&libId=kbh4kjvz01000nv1000DA1sml10e9&loc=http%3A%2F%2Fwww.adrhub.com%2Fprofiles%2Fblogs%2Fresources-for-conflict-negotiation-and-adr-teachers-shared-by-oth%3Fxg_source%3Dactivity&v=1&out=http%3A%2F%2Fsecureservercdn.net%2F45.40.149.159%2Fgb8.254.myftpupload.com%2Fwp-content%2Fuploads%2F2019-Resource-Share-Appendices.pdf&ref=http%3A%2F%2Fwww.adrhub.com%2F&title=Resources%20for%20conflict%2C%20negotiation%20and%20ADR%20teachers%20-%20shared%20by%20other%20teachers%20-%20ADRhub%20-%20Creighton%20NCR&txt=appendices%20for%20the%20exercises" target="_blank" rel="noopener">2019 appendices</a></strong><span style="font-size: 16px;"> (A – H) as well as in</span><span style="font-size: 12pt;"> the </span><strong style="font-size: 12pt;"><a href="https://storage.ning.com/topology/rest/1.0/file/get/5986043063?profile=original" target="_blank" rel="noopener">2020 appendices</a></strong><span style="font-size: 12pt;"> (beginning with Appendix I)</span><span style="font-size: 12pt;">.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Good luck in utilizing these resources in your classrooms!</span></p>Measuring Community Mediation Success: A Realistic Approachtag:www.adrhub.com,2020-12-02:4905899:BlogPost:1258172020-12-02T22:04:03.000ZMartha Jeanne Wilcoxsonhttp://www.adrhub.com/profile/MartyWilcoxson
<p>Community Mediation Phase Four</p>
<p>Measuring Community Mediation Success: A Realistic Approach</p>
<p> The success, or failure, of the community mediation project is subjective. Small wins for one stakeholder may be a monumental accomplishment for another. Mediation participants may even see their original resolution objective evolve during the process. This is good news because it demonstrates the ability to learn and develop one’s opinions and beliefs. The efficacy of…</p>
<p>Community Mediation Phase Four</p>
<p>Measuring Community Mediation Success: A Realistic Approach</p>
<p> The success, or failure, of the community mediation project is subjective. Small wins for one stakeholder may be a monumental accomplishment for another. Mediation participants may even see their original resolution objective evolve during the process. This is good news because it demonstrates the ability to learn and develop one’s opinions and beliefs. The efficacy of community mediation defies a score. Hedeen (2004) notes community mediation success is not a quantitative solid. Success can and should be measured based on participant and community satisfaction, the sense of fairness, and longevity of resolution. It is difficult, but not impossible, to value these perceptions. </p>
<p> However, one outcome that does not qualify as success is a resulting firm decision of right or wrong. In other words, groups who enter, participate, and exit a mediation process should not have the objective of being proven right (or others being proven wrong). Mediations that chase this type of outcome are doomed to fail. So the question looms: what is successful community mediation? The key to the answer lies in the original objective statement. If the onerous process in phase one and two of identification of all parties and interests is fully completed at the very onset of community mediation, the process will have a valid objective statement on which to build.</p>
<p> Perhaps most important, mediation objectives may be as multifaceted as the emotions that surround the dispute. Mediators and administrators seeking efficiency by grouping complaints or dispute topics may easily torpedo a potential positive outcome. Mediator neutrality is a noble goal, but may prevent preliminary planning that might uncover attitudes and beliefs that cross the isle (Mulcahy, 2001). In addition, given the history of the dispute, time and circumstance may deem it impossible to label two sides (Walters, 2012). Overtime, roles and attitudes may change. For example, in the community statue debate, an efficiency vs. comprehensive might be:</p>
<p> </p>
<table>
<tbody><tr><td width="312"><p><strong>Efficiency Goal: Remove or Retain Statue</strong></p>
</td>
<td width="312"><p><strong>Comprehensive Goal: To be Heard,</strong></p>
<p><strong>Understood and Considered;</strong></p>
<p><strong>To Create Community Dialogue</strong></p>
</td>
</tr>
<tr><td width="312"><p>Group Representation:</p>
</td>
<td width="312"><p>Group Representation:</p>
</td>
</tr>
<tr><td width="312"><p> Retain Statue – Sons of Italy, Historical</p>
<p> Society (partial representation)</p>
</td>
<td width="312"><p>Cultural: Italian, Hispanic, Indigenous, Slovenian,</p>
<p> Unknown</p>
</td>
</tr>
<tr><td width="312"><p> Against Statue – Coalition Ethnic Rights Group</p>
</td>
<td width="312"><p>Business: Adjacent Business, Business Network(s)</p>
</td>
</tr>
<tr><td width="312"><p> </p>
</td>
<td width="312"><p>Economic: Chamber of Commerce, Economic</p>
<p> Development</p>
</td>
</tr>
<tr><td width="312"><p> </p>
</td>
<td width="312"><p>Community: Library, Historical Society</p>
</td>
</tr>
<tr><td width="312"><p> </p>
</td>
<td width="312"><p>Education: Local School Districts, Colleges and</p>
<p> Universities</p>
</td>
</tr>
<tr><td width="312"><p> </p>
</td>
<td width="312"><p>Local Government: County, City, Planning, Parks</p>
<p> and Recreation, Roads, Police, Sheriff,</p>
<p> District Attorney</p>
</td>
</tr>
</tbody>
</table>
<p> </p>
<p><strong><u>Short Term Success</u></strong></p>
<p> Group mediation benefits from the “circling back” process which allows participants to reconnect with initial needs and desires. An additional benefit, which is perhaps more important, is to demonstrate progress towards conflict resolution. Recognition of small moves towards ZOPA (zone of potential agreement) have the ability to support continued work. Every mediation meeting should incorporate review of the original stated objectives, areas of personal discovery, and current discussion status. </p>
<p> Short term success is not necessarily a definitive plan of action or a solidified mediation agreement. Success in the short term may be as basic as the ongoing support of meeting and discussion. This small success may be particularly difficult to explain to leadership who wants to know a resolution rather than continuum of meetings. In community mediation participant interviews, I try to ask questions that will help reveal intent. For example, the statue debate demonstrates the importance of digging below the right-wrong issue to reveal stakeholder descriptions of justice.</p>
<p><strong><u>Long Term Mediation Success</u></strong></p>
<p> Long term community mediation success is best seen through the lens of transformation. In community cultural disputes, ongoing communication and dialogue may be as important as dispute resolution. Communities who have experienced successful mediation of cultural disputes are sometimes amazed at the emerging cohesive nature of community dialogue. These communities may be inspired to either establish or further support community relations organizations. </p>
<p><strong><u>Community Burnout</u></strong></p>
<p> One word of warning: burnout. Community mediation is onerous and exhausting for all those involved and it is understandable that participants want nothing more than to resolve a dispute and put the program in their rearview mirror. Unfortunately, it is all too easy to take a break from the meeting process, or worse, simply “put the issue to bed”. This is where the skilled mediator assists in the community in one last exercise: building a community conflict resolution structure. The time and effort devoted by all stakeholders (government, community, business and education) in successful mediation has resulted in a regional pool of conflict specialists. This is a priceless outcome and one that has the potential to transform a community. </p>
<p> In a world of budgets, schedules, elections, and all things related to time and effort, we can be forgiven in wanting a definitive box to mark success or failure in community mediation. The truth is that success is defined by the community. Outside observers may be excused in not being able to grasp the true outcome of a community mediation exercise. What cannot be excused is the inclination of outside observers to espouse personal (or organizational) opinions on the efficacy of a community mediation exercise. Stakeholders live, work, and relate in the community, and it is the stakeholder who completes the report card. </p>
<p> </p>
<p>References</p>
<p>Hedeen, T. (2004). The evolution and evaluation of community mediation: Limited research suggests unlimited progress. <em>Conflict Resolution Quarterly, 22(1),</em> 101-134.</p>
<p>Mulcahy, L. (2001). The Possibilities and Desirability of Mediator Neutrality - Towards an Ethic of Partiality? <em>Social & Legal Studies</em>, <em>10</em>(4), 505–527. <span><a href="https://doi.org/10.1177/a020411">https://doi.org/10.1177/a020411</a></span></p>
<p>Walters, H. (2012). Exploring the everyday world of hate victimization through community mediation. <em>International Review of Victimology</em>, <em>18</em>(1), 7–24. <a href="https://doi.org/10.1177/0269758011422472">https://doi.org/10.1177/0269758011422472</a></p>
<p> </p>THE UNFAIR LABOUR PRACTICE: PROMOTION - PUZZLES AND CONCERNStag:www.adrhub.com,2020-11-07:4905899:BlogPost:1121302020-11-07T11:48:21.000ZJohann Scheepershttp://www.adrhub.com/profile/JohannScheepers
<p></p>
<p><strong><em><a href="https://storage.ning.com/topology/rest/1.0/file/get/8133248893?profile=original" rel="noopener" target="_blank"><img class="align-full" src="https://storage.ning.com/topology/rest/1.0/file/get/8133248893?profile=RESIZE_710x"></img></a></em></strong></p>
<p></p>
<p><strong><em>“The progress of the law relating to unfair labour practices has been torturous and rendered a body of jurisprudence that is complex and confusing. Recent developments have rendered it unnecessary to rehearse that in this article”…</em></strong></p>
<p></p>
<p><strong><em><a href="https://storage.ning.com/topology/rest/1.0/file/get/8133248893?profile=original" target="_blank" rel="noopener"><img src="https://storage.ning.com/topology/rest/1.0/file/get/8133248893?profile=RESIZE_710x" class="align-full"/></a></em></strong></p>
<p></p>
<p><strong><em>“The progress of the law relating to unfair labour practices has been torturous and rendered a body of jurisprudence that is complex and confusing. Recent developments have rendered it unnecessary to rehearse that in this article”<a href="#_ftn1" name="_ftnref1">[1]</a></em></strong></p>
<p><strong><em> </em></strong></p>
<p>[Publication by Anton Myburgh SC & Craig Bosch <strong><em>“Reviews in the Labour Courts”</em></strong>]</p>
<p> </p>
<p><strong><u>PURPOSE OF THIS ARTICLE</u></strong></p>
<p>In order to share this article, some background facts will have to be disclosed. The artistic inspiration for the drafting hereof emerged after my colleague and trusted friend, attorney Nakedi Charles Machaka and I decided to take a well-deserved rest after a hectic day.</p>
<p>Seated under the protection of a <em>Lapa</em> [a small wooden hut shelter] situated at the back of our offices we relaxed, only for a few minutes. Suffice it to mention in passing that while sipping a very good red wine the intricacies of the <strong>Unfair Labour Practice</strong> as stipulated in the <strong>Labour Relations Act 66 of 1995 (as amended)</strong> (the LRA) <strong>s186 (2) (a)</strong>, to wit <em>unfair conduct by the employer relating to promotion,</em> became the subject matter of discussion.</p>
<p>During the intense debate, we agreed that it would appear that the Unfair Labour Practice (ULP) gained popularity as a cause of action in matters that have been referred for dispute resolution albeit to the CCMA, or bargaining councils.</p>
<p>The question that arose concerned the reasons for the rise in popularity of the ULP as a cause of action. We have elected to attempt to provide reasons for the surge in ULP disputes hereunder.</p>
<p>Before dealing with the statutory definition of a ULP as codified in South African labour legislation the quote cited above by <em>Myburgh SC et</em> al is relevant insofar as it makes reference to the complexities, technicalities and confusing nature of the ULP jurisprudence.</p>
<p>It has therefore been elected by the author to confine this article to one of the ULP’s listed in <strong>s186 (2) of the LRA</strong> namely <em>unfair conduct by the employer relating to the promotion.</em></p>
<p>The intention is to draft follow up articles as to questions pertaining to the other ULP’s that are listed in <strong>s186 (2).</strong> The writing of the intended follow up articles will depend on and subject to the health of the author as well as other considerations.</p>
<p>Allow me the opportunity to mention the observations about the article by the esteemed jurist and academic, <em>George J. Gliaudys Jr</em> -1st Chair of the Board of Trustees of Westcliff University, USA:</p>
<p><em>"As always, the article is well-researched and grounded in a writing style that is understandable to anyone interested in learning about the subject matter. As any marketing person knows, the value of a product largely depends on its scarcity while demand is high. So too, for promotions - there are only so many positions at the top of any ladder - be it shorter or taller - and so the scramble is on to reach that highest rung by crook or by hook providing the grist for law practitioners in the courts or in arbitration forums to sort out the complaints of those who did not get the top rung."</em></p>
<p><strong><u>LEGISLATIVE PROVISIONS</u></strong></p>
<p><strong>“Section 186(2) (a) of the Labour Relations Act, 66 of 1995 (LRA)</strong> provides that the unfair</p>
<p>conduct of an employer – <em>“… relating to <strong>the promotion,</strong></em> [emphasis added], <em>demotion,</em></p>
<p><em>probation (excluding disputes about dismissals for a reason relating to probation) or</em></p>
<p><em>training of an employee or relating to the provision of benefits to an employee …”</em></p>
<p>constitutes a ULP.”</p>
<p>The first question that comes to mind is <em>‘What is a promotion?</em>’ as envisaged by the legislature in <strong>s186 (2) (a)</strong> above.</p>
<p>In <strong><em>Mashegoane v University of the North<a href="#_ftn2" name="_ftnref2"><span>[2]</span></a></em></strong> the Court defined promotion as being elevated or appointed in a position that carries greater authority and status than the current position the employee is in.</p>
<p>Of clarification is that the Court held in <strong><em>Sukhdeo v Department of Welfare & Population Development, KZN<a href="#_ftn3" name="_ftnref3"><span>[3]</span></a></em></strong> that a dispute concerning a notch increase within the same post does not constitute a dispute about <em>‘promotion.’</em> Promotions are usually accompanied an increase in remuneration or benefits.</p>
<p>In <strong><em>SAMWU obo Damon v Cape Metropolitan Council<a href="#_ftn4" name="_ftnref4"><span>[4]</span></a></em></strong> it was held that [u]nless the appointing authority was shown to have not applied its mind in the selection of the successful candidate, the CCMA may not interfere with the prerogative of the employer to appoint whom it considers the best candidate.</p>
<p>In <strong><em>Van Rensburg v Northern Cape Provincial Administration<a href="#_ftn5" name="_ftnref5"><span>[5]</span></a></em></strong> it was held that interference in the employer’s decision is justified only where its conduct <em>‘so grossly unreasonable as to warrant interference that they failed to apply their mind.’</em></p>
<p>A failure to promote can be challenged with reference to the procedure adopted in promoting the successful candidate and the reasons for failing an applicant. The relevant principles were set out by <em>Cheadle AJ</em> in <strong><em>SA Police Service.<a href="#_ftn6" name="_ftnref6"><span>[6]</span></a></em></strong></p>
<p>Firstly, there is no right or entitlement to promotion in the ordinary course.<a href="#_ftn7" name="_ftnref7"><span>[7]</span></a> The exception is where there is a contractual or statutory right to promotion.<a href="#_ftn8" name="_ftnref8"><span>[8]</span></a></p>
<p>According to <em>Cheadle AJ</em> it is not necessary for the applicant to show that she had the right to be promoted as opposed that the employer’s conduct in relation to promotion was unfair.<a href="#_ftn9" name="_ftnref9"><span>[9]</span></a> Any conduct that denies the employee a fair opportunity to compete for a post constitutes a ULP.<a href="#_ftn10" name="_ftnref10"><span>[10]</span></a></p>
<p> </p>
<p><strong><u>SUMMARY OF THE LAW AS DISCUSSED ABOVE</u></strong></p>
<ol>
<li>A promotion entails moving an existing employee to a position with greater status, responsibility, authority, and increase in remuneration and benefits.</li>
</ol>
<p> </p>
<ol start="2">
<li>Promotion does not constitute a raise in notch increase in a similar post.<a href="#_ftn11" name="_ftnref11"><span>[11]</span></a></li>
</ol>
<p> </p>
<p> </p>
<ol start="3">
<li>Similarly, a claim to have a post upgraded is a dispute of interest and not a dispute of right and therefore does not fall within the scope of a promotion which is a dispute of right.</li>
</ol>
<p> </p>
<ol start="4">
<li>There is no right to a promotion in the ordinary course. The exception is where the right arises <em>ex contractu</em> or <em>ex lege.</em></li>
</ol>
<p><strong><u>EXAMPLES OF REVIEW OF ARBITRATOR’S AWARDS</u></strong></p>
<ol>
<li>Arbitrator’s failure to provide grounds for accepting the better candidate without providing reasons for decision. <a href="#_ftn12" name="_ftnref12"><span>[12]</span></a></li>
</ol>
<p> </p>
<ol start="2">
<li>Arbitrator failed to determine whether the employer acted unfairly as opposed to whether the employer complied with its own procedure.<a href="#_ftn13" name="_ftnref13"><span>[13]</span></a></li>
</ol>
<p> </p>
<ol start="3">
<li>Arbitrator assumed that recommendation by the School Governing Body afforded the applicant a preferential right to promotion, without competing with other applicants in interviews in accordance with a collective agreement.<a href="#_ftn14" name="_ftnref14"><span>[14]</span></a></li>
</ol>
<p> </p>
<ol start="4">
<li>Arbitrator failed to note that the successful applicant failed to meet the requirements of the post and should not have been shortlisted.<a href="#_ftn15" name="_ftnref15"><span>[15]</span></a></li>
</ol>
<p> </p>
<ol start="5">
<li>The arbitrator awarded <em>“protected promotion”</em><a href="#_ftn16" name="_ftnref16"><span>[16]</span></a> where post no longer existed and as a consequence, nobody benefitted from the applicant’s alleged unfair treatment.</li>
</ol>
<p> </p>
<ol start="6">
<li>The arbitrator ordered <em>‘protected promotion’</em> where there was only evidence of procedural unfairness.<a href="#_ftn17" name="_ftnref17"><span>[17]</span></a></li>
</ol>
<p></p>
<p><strong><u>WHEN CAN AN ARBITRATOR INTEFERE WITH A PROMOTION?</u></strong></p>
<p>The Labour Court succinctly answered the above question in the often-cited judgement <strong><em>Arries v CCMA & Others<a href="#_ftn18" name="_ftnref18"><span>[18]</span></a></em></strong></p>
<ol>
<li>There are limited grounds on which an Arbitrator or the Courts may interfere with a discretion exercised by a party competent to exercise that discretion.</li>
</ol>
<p> </p>
<ol start="2">
<li>The reason: the ambit of the decision-making process inherent in the exercising of discretion of a party, including the exercise of the managerial prerogative of an employer ought not to be curtailed. It ought not to be interfered with only to the extent that it can be demonstrated that the discretion was not properly exercised.</li>
</ol>
<p> </p>
<ol start="3">
<li>In <strong><em>Arries</em></strong> the Court held further that an employee can only succeed in having an exercise of a discretion of an employer interfered with if it could be demonstrated that the discretion was capriciously, or for unsubstantiated reasons, or based upon any wrong principle in a biased manner.</li>
</ol>
<p> </p>
<p>In <strong><em>Case Law for CCMA Commissioners</em></strong> <em>at paragraph 1804</em> it was suggested that it was arguable that promotions should be assessed, not according to the <em>grossly unreasonable/male fide test</em> referred to in <strong><em>Arries,</em></strong> but against <em>a test of fairness</em> taking into account <em>inter alia</em> the following factors referred to in <strong><em>Arries:</em></strong></p>
<p> </p>
<ul>
<li>whether the failure or refusal to promote was caused by unacceptable, irrelevant or invidious consideration on the part of the employer;</li>
</ul>
<p> </p>
<ul>
<li>whether the employer’s decision was arbitrary, or capricious, or unfair;</li>
<li>whether the employer failed to apply its mind to the promotion of the employee;</li>
</ul>
<p> </p>
<ul>
<li>whether the employer’s decision not to promote was motivated by bad faith;</li>
</ul>
<p> </p>
<ul>
<li>whether the employer’s decision not to promote it was discriminatory;</li>
</ul>
<p> </p>
<ul>
<li>whether there were insubstantial reasons for the employer’s decision not to promote;</li>
</ul>
<p> </p>
<ul>
<li>whether the employer’s decision not to promote was based upon a wrong principle; or</li>
</ul>
<p> </p>
<ul>
<li>whether the employer’s decision not to promote was taken in a biased manner.</li>
</ul>
<p> </p>
<p>That the overall test is <em>one of fairness</em> has now been confirmed in the case under discussion. The Constitutional Court followed <strong><em>Gcaba v Minister for Safety & Security & others<a href="#_ftn19" name="_ftnref19"><span>[19]</span></a></em></strong> and found that that a failure to promote which had no direct consequences for other citizens were not administrative action subject to the review test of unreasonableness:</p>
<p> </p>
<p><em>“[13] The wholesale adoption of review tests, and notions of ‘setting aside’ an employer’s decision and sending it back to the employer for decision anew, thus appears misplaced. Rather the yardstick of fairness to both parties…is in fact apposite. This does not mean that when a selection process is unreasonable, it should not be identified as such, but that such irrationality goes to the issue of fairness. The clear wording of <strong>s 186 (2) of the LRA</strong> supports such an approach…</em></p>
<p><em> </em></p>
<p><em>[14] In this matter, the fairness yardstick… has been used by the commissioner. He has found that in a situation where the applicant’s post (In which he had been acting for five years) remained vacant after his non-appointment, and where the city did not proffer any rationale for the pass mark in respect of the written assignment, nor explain the method of allocation of marks, it had been unfair not to appoint him.”</em></p>
<p> </p>
<p>Of edification is the observations by the acclaimed author <em>Grogan J</em><a href="#_ftn20" name="_ftnref20"><span>[20]</span></a>, who in reference to various case law, observes as follows:</p>
<p><em> </em></p>
<p><em>“It is not enough for an employee who complains of unfair conduct in relation to promotion simply to allege and prove that he or she was better qualified or more ‘suitable’ than the successful candidate<a href="#_ftn21" name="_ftnref21"><span><strong>[21]</strong></span></a>. The courts have warned that arbitrators are not permitted to impose their own decisions on employers with regard to whom to promote. They may interfere only if the employer acted procedurally unfair…..”</em></p>
<p><em> </em> </p>
<p><strong><u>STATUTORY REMEDIES – ULP</u></strong></p>
<p><strong> </strong></p>
<p><strong>Section 194 of the LRA</strong> stipulates:</p>
<p><em>“…the compensation awarded…must be just and equitable in all the circumstances, but not more than 12 months <strong>remuneration</strong>.”</em> Emphasis added].</p>
<p> </p>
<p><strong><em>“Remuneration”</em></strong> is defined in <strong>s213 of the LRA,</strong> “means any payment in money or in kind, or both in money and kind made or owing to any person, in return for that person working for any person, including the State…”</p>
<p> </p>
<p>It can be argued that <strong>s194 (4)</strong> of the LRA is empowering. It delineates a set of remedial powers that the Court and Arbitrators can order, however limited to 12 month’s remuneration.</p>
<p> </p>
<p>In the matter <strong><em>Tshishonga v Minister of Justice & Constitutional Development<a href="#_ftn22" name="_ftnref22"><span>[22]</span></a></em></strong> the LAC held that <strong>s194</strong> refers to<em>”remuneration”</em>purely as a means of capping the amount of compensation that may be awarded and not as a basis of quantifying the award.</p>
<p> </p>
<p>The decision to promote is an exercise of employer discretion and the Arbitrator should defer to the employer’s decision.</p>
<p> </p>
<p>It may be that the decision to promote someone may be set aside and the employer ordered to conduct a fresh exercise. This is particularly appropriate in public sector matters. See <strong><em>Dumisa v University of Westville<a href="#_ftn23" name="_ftnref23"><span>[23]</span></a></em></strong></p>
<p><strong><em> </em></strong></p>
<p>In instances where the decision not to promote was valid and fair, <strong><em>Beukes v SA Post Office</em></strong> the appointment in accordance with a fair procedure, the only remedy would be a process violation, as was the case in <strong><em>Beukes v SA Post Office<a href="#_ftn24" name="_ftnref24"><span>[24]</span></a></em></strong></p>
<p><strong><em> </em></strong></p>
<p>In an interesting case before the Labour Court <strong><em>Coetzer & others v The Minister of Security & Another<a href="#_ftn25" name="_ftnref25"><span>[25]</span></a></em></strong> the Labour Court ordered the applicants to be promoted. In another interesting matter before the LAC the successful applicant failed<a href="#_ftn26" name="_ftnref26"><span>[26]</span></a> to disclose that he had a previous disciplinary infraction which may lead to unfairness. The LAC held that there was no disclosure to a third party at all.</p>
<p> </p>
<p>Secondly, was that the National Commissioner condoned to disclose after the appointment was made. Thirdly, was that it downplays the value of the process and lends support to possible dishonest practices. Fourthly, it devaluates the role of the selection panel and more importantly it prejudiced the Appellant as he would possibly have been ranked first on the list of recommendations.</p>
<p> </p>
<p>The LAC held that the non-disclosure of the employee and the condonation thereof even after his appointment as manifestly unfair.</p>
<p> </p>
<p>The above constitute examples of the nature of promotion disputes that adjudicators have to determine.</p>
<p><strong><u> </u></strong></p>
<p><strong><u>CONCLUDING REMARKS</u></strong></p>
<p>The reader of this article will in all probability agree that the law as regards ULP’s in relation to promotion is technical and complex.</p>
<p> </p>
<ol>
<li>Over the last few months, my colleague and I attended to a considerable number of arbitrations as regards ULP disputes in relation to promotion. It is clear that the number of referrals of ULP disputes seems to be on the increase.</li>
</ol>
<p> </p>
<p>A further matter of concern as to the <em>legislative attractiveness</em> of the ULP could be summarised as follows:</p>
<p> </p>
<ol>
<li>ULP disputes in relation to <em>promotion</em> are referred for adjudication under the cloak of <em>“disputes of right”</em> however, these disputes are in substance matters of <em>“mutual interest”</em> which are not justiciable.</li>
</ol>
<p> </p>
<ol start="2">
<li>Of further concern is that some of the disputes do not qualify as a <em>“dispute”</em> in terms of the definition contained in <strong>s213 of the LRA;</strong> and are merely allegations of wrongdoing by the employer or grievances.</li>
</ol>
<p> </p>
<ol start="3">
<li>Upon perusal of the wording contained in the dispute referral form many have been defined and summarised by the referring party by using the same wording as if it has been <em>“copied and pasted.”</em></li>
</ol>
<p> </p>
<ol start="4">
<li>Rulings by Commissioners as to the necessity to hold pre-arbitration conferences are ignored which lead to further delays in finalising disputes.</li>
</ol>
<p>It is suggested that Commissioners make use of their powers to order punitive costs awards against a party that delay or frustrate the effective resolution of labour disputes.</p>
<p> </p>
<p><em>Johann Scheepers</em></p>
<p><em> </em></p>
<p><em>2020/03/24</em></p>
<p><em> </em></p>
<p><strong><em><u>Copyright:</u></em></strong></p>
<p><strong><em>Copyright reserved by the writer hereof. No part of this article/ guide may be reproduced, without prior written permission by the author.</em></strong></p>
<p><strong><em>The content of this article is intended to be general in substance and nature; to provide commentary on contemporary issues and where appropriate constitutes a general guide to the subject matter. Specialist advice should be sought about the reader’s specific circumstances.</em></strong></p>
<p><strong><em>The commentary expressed herein is that of the writer and not that of any professional organisation or entity with which the writer may be associated with.</em></strong></p>
<p> </p>
<p> </p>
<p></p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p><strong><u> </u></strong></p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p></p>
<p><a href="#_ftnref1" name="_ftn1"><span>[1]</span></a> Anton Myburgh SC & Craig Bosch <strong><em>“Reviews in the Labour Courts”</em></strong> (2016) LexisNexis, 385].</p>
<p><a href="#_ftnref2" name="_ftn2"><span>[2]</span></a> [1998] 1 BLLR 73 (LC).</p>
<p><a href="#_ftnref3" name="_ftn3"><span>[3]</span></a> [2006] 5 BALR 525 (PHWSBC).</p>
<p><a href="#_ftnref4" name="_ftn4"><span>[4]</span></a> (1999) <em>ILJ</em> 142 CCMA at 718B.</p>
<p><a href="#_ftnref5" name="_ftn5"><span>[5]</span></a> (1997) 18 <em>ILJ</em> 1421 (CCMA) at 1426F.</p>
<p><a href="#_ftnref6" name="_ftn6"><span>[6]</span></a> SAPS v SSSBC & Others [2016] JOL 35883 (LC).</p>
<p><a href="#_ftnref7" name="_ftn7"><span>[7]</span></a> Ngcobo v Standard Bank of SA and others (D439/12) LAC.</p>
<p><a href="#_ftnref8" name="_ftn8"><span>[8]</span></a> SAPS v SSSBC & others [2016] JOL 35883 (LC) para 19.</p>
<p><a href="#_ftnref9" name="_ftn9"><span>[9]</span></a> Apollo Tyres SA (Pty) Ltd v CCMA & others (2010) 34 <em>ILJ</em> 1120 (LAC).</p>
<p><a href="#_ftnref10" name="_ftn10"><span>[10]</span></a> SAPS v SSSBC & others [2016] JOL 35883 (LC) para 41.3.</p>
<p><a href="#_ftnref11" name="_ftn11"><span>[11]</span></a> <span>Sukhdeo v Department of Welfare & Population Development, KZN 5 BALR 525 (PHWSBC).</span></p>
<p><a href="#_ftnref12" name="_ftn12"><span>[12]</span></a> SAPS v SSSBC & others [2016] JOL 35883 (LC) 1656A-B.</p>
<p><a href="#_ftnref13" name="_ftn13"><span>[13]</span></a> De Nyschen v GPSSBC & others (2007) 28 <em>ILJ</em> 375 (LC) 380.</p>
<p><a href="#_ftnref14" name="_ftn14"><span>[14]</span></a> Head of Department of Education v Mofokeng & others [2015] 1 BALLR (LAC) 61-62.</p>
<p><a href="#_ftnref15" name="_ftn15"><span>[15]</span></a> Swarts v National Commissioner of SAPS and others (0915/13) [2013] ZALCD.</p>
<p><a href="#_ftnref16" name="_ftn16"><span>[16]</span></a> What this means is that employees are appointed to the same grade as the post in question, and the employer must pay them at the applicable rate attached to that grade, whether or not they are actually promoted.</p>
<p><a href="#_ftnref17" name="_ftn17"><span>[17]</span></a> Kwa Dukiya Municipality v SALGB (2009) <em>ILJ</em> 356 (LC).</p>
<p><a href="#_ftnref18" name="_ftn18"><span>[18]</span></a> (2006) 27 ILJ 234 (LC).</p>
<p><a href="#_ftnref19" name="_ftn19"><span>[19]</span></a> <span>(2010) 31 ILJ 296 (CC).</span></p>
<p><a href="#_ftnref20" name="_ftn20"><span>[20]</span></a> <span>Workplace Law (2014) 10th edition Juta page 63.</span></p>
<p><a href="#_ftnref21" name="_ftn21"><span>[21]</span></a> <span>See Collen v Distell (Pty) Ltd [2001] 8 BALR 834 (CCMA); Woolworths (Pty) Ltd v Whitehead (2000) 21 ILJ 571 (LAC).</span></p>
<p><a href="#_ftnref22" name="_ftn22"><span>[22]</span></a> [2009 9 BLLR 862 (LAC).</p>
<p><a href="#_ftnref23" name="_ftn23"><span>[23]</span></a> (2001) 7 BLLR 753 (CCMA).</p>
<p><a href="#_ftnref24" name="_ftn24"><span>[24]</span></a> (2002) 11 CCMA 6.9.5.</p>
<p><a href="#_ftnref25" name="_ftn25"><span>[25]</span></a> <span>[2002] 11 LC 6.9.2. </span></p>
<p><a href="#_ftnref26" name="_ftn26"><span>[26]</span></a> <span>[2012] 33 <em>ILJ</em> 2597 (LAC).</span></p>Community Mediation: Meetings with Potentialtag:www.adrhub.com,2020-10-23:4905899:BlogPost:1040912020-10-23T21:00:00.000ZMartha Jeanne Wilcoxsonhttp://www.adrhub.com/profile/MartyWilcoxson
<p></p>
<p><strong>The Community Mediation Process</strong></p>
<p><strong>Phase Three – The Mediation</strong></p>
<p> Phase Three of the community mediation process examines the “mediation table” essentials. We have laid the groundwork in Phase One and Phase Two – Planning and Preparation. Those who have, or who are, involved in community dispute resolution will testify that the heavy lifting involved in community mediation really begins with these stages. Once fully planned and…</p>
<p></p>
<p><strong>The Community Mediation Process</strong></p>
<p><strong>Phase Three – The Mediation</strong></p>
<p> Phase Three of the community mediation process examines the “mediation table” essentials. We have laid the groundwork in Phase One and Phase Two – Planning and Preparation. Those who have, or who are, involved in community dispute resolution will testify that the heavy lifting involved in community mediation really begins with these stages. Once fully planned and all interests prepared, we are ready for the community mediation meeting. I always remind myself that community dispute resolution is a little like learning the piano – success depends on commitment, constant practice, and the desire to improve. As mediation moves to the meeting process, this message deserves repeating.</p>
<p><strong>The Community Mediator</strong></p>
<p> The success – or failure – of the community mediation process depends to a significant degree on the skills and attributes of the mediator. Mediators tend to employ one of three styles of mediation: facilitative, evaluative or transformative. For groups that are new to mediation or dispute resolution, the evaluative mediator style plays a more active role in assisting the group in process and outcome. The facilitative mediator works best with parties who have a firm understanding of issues and alternatives and are best served by bargaining. Finally, the transformative style of mediation and mediator is best suited in mediations with power imbalances. The transformative mediator will identify and address power imbalances and communication roadblocks to keep proceedings fair and productive. Ultimately, leadership and disputing parties should decide whether they prefer neutrals who are primarily facilitative, evaluative, or transformative. (Craver, 2015).</p>
<p> Regardless of mediation type and mediator style, all effective mediators will demonstrate core skills. Respected mediation academic, Bernard Mayer in his important text, <em>Beyond Neutrality</em> (2004), delves into the nuances of mediation specialist skills and styles necessary for issue and group situations. While each mediator may embrace a specific style of mediation, Mayer identifies common skills the successful mediator must possess – regardless of the mediation style. When reviewing these attributes, you would not be wrong in believing the optimal mediator must possess the wisdom of Buddha and patience of Job. These attributes deserve iteration:</p>
<ul>
<li>Understanding the dynamics of conflict, including the emotional, attitudinal, and behavioral dimensions, structural and personal aspect of conflict and the interplay between power rights and interests.</li>
<li>Understanding the conflict engagement process</li>
<li>Ability to discern the different level of needs of the major disputants and the alternatives available for them to meet those needs</li>
<li>Good communication skills</li>
<li>Ability to look at both the integrative and distributive dimensions of conflict</li>
<li>Awareness of cultural and gender dynamics</li>
<li>Understanding of or ability to grasp the substantive, procedural and psychological issues <strong><em>quickly</em></strong> (our emphasis).</li>
<li>Ability to take both a long-term and immediate view of the conflict.</li>
</ul>
<p> </p>
<p><em>Note</em>. Reprinted from <em>Beyond neutrality: Confronting the crisis in conflict resolution</em>. Bernard S. Mayer (2004). New York: Wiley.</p>
<p> </p>
<p> </p>
<p> Finally, group approval of the selected mediator is critical. No community mediation should begin the process without group approval of the mediator. He or she will be the “conductor” and must be accepted and respected by the members of the group. This isn’t easy. The mediator must absolutely be neutral in appearance, core beliefs, and associations. The mediator must also be skilled in the very unique exercise of group mediation and negotiation. He or she must be able to quickly and accurately diagnose situations and solve problems to make the process work. Sounds almost impossible, but it’s not. Skilled community mediators have innate qualities of justice as well as learned skills. Where do you find your ultimate mediator? I suggest beginning with a respected national mediation organization or university known for advanced studies and research in negotiated dispute resolution.</p>
<p><strong>Group Facilitation Essentials</strong></p>
<p> The community mediation process is only able to move forward as long as members are willing to participate in the process. This means all hands on deck. Part of special interest group commitment is the honest promise to fully participate in the community process. In addition, initial and ongoing support of community leadership is critical for encouragement and accountability. Success depends upon believing the process will lead to understanding and resolution in near and long term. Any occurrence that skittles the discussion has the potential to bring the process to an immediate (and possible permanent) halt. This brings us to the critical rules of conduct.</p>
<p> <u>Ground Rules.</u> I view ground rules that are reasonable and supportable by the entire group as the glue that will hold the process together. The laying out basic rules of mediation procedure that apply equally to everyone, will keep the process moving and on track. Rules that are explained and provided early, distributed to each member, displayed at each meeting, and referred to consistently, are absolutely essential. Roger Schwarz (2013) describes the nine basic ground rules crucial to group meetings. I have very little to add to the list: </p>
<ol>
<li>Generate valid information that will provide better/clearer/more honest understanding</li>
<li>No secrets. All relevant information distributed equally.</li>
<li>Agree on important words, their meaning and use.</li>
<li>Foster transparency. Always allow and encourage explanations</li>
<li>Foster interests. Get to the core of the discussion. Tease out the true meaning hidden by banter.</li>
<li>Support discussion that reveals the whys and how of a stated belief. Encourage questions and discovery.</li>
<li>Mutual agreement on where the process will (and won’t) go.</li>
<li>Facilitate difficult discussion. Don’t ignore hard topics. Aim for dialogue – not oration.</li>
<li>Use every opportunity to generate commitment to the process. Most important remember that consensus is not achieved until each group member embraces a decision that they own. This means each member / interest has fully contributed to the process in a meaningful manner, listened and understood opposing arguments and is willing to commit.</li>
</ol>
<p> <u>Landmines.</u> The process described might just give the impression that the exercise is smooth sailing 100% of the time. Unfortunately, it is not. Power, personality, media, current events, and other major influencers have the potential to get meetings off track. The skilled community mediator has training and experience in anticipating landmines and implementing processes to address potential meeting blowups. The primary function of the community meeting is to enable members to talk to each other. The goal – true dialogue.</p>
<p> Interruptions can be the bane of any mediation. Not all interruptions are negative. An active indication of agreement could be vocal support that prohibits the speaker from having their complete say. The community mediator will have the foresight and skill to graciously stop interruptions and allow the speaker to continue. Hostile, or negative interruptions are different and are not to be tolerated. The mediator that is in control, demonstrates positive leadership and is openly respected by the group will be better equipped to manage negative outbursts. The “Ground Rules” prove their value when guidelines are discussed and adopted. </p>
<p> We sometimes forget that silence can be as crippling. Without dialogue – the active give and take communication between interests - the meeting has effectively ended. The skilled community mediator will be able to urge the silent party to think about and explain the thoughts and emotions that lay behind the silence. Silence may also be used as a weapon. If there are not two points to be argued/discussed – there is no dialogue. The skilled community mediator will be able identify the reason behind silence, but will be able to use that knowledge to foster legitimate discussion. </p>
<p><strong>Final Thoughts on Phase Three – The Mediation</strong></p>
<p> The series began with a critical look at the importance of identifying the issues and players in planning for community dispute resolution through mediation. Stage two, mediation design, addressed the elements of who, what, where when and how. As demonstrated, like any solid structure, each phase relies on the strength and completeness of the prior steps. Once planning, preparation, and design of the community mediation process is well in place, phase three—the constructive mediation meeting may begin. Next week in our final segment, I will address community mediation success, how we measure short and long term success, and (most importantly) how long term success is supported as an ongoing resolution.</p>
<p><strong><br/></strong> References</p>
<p> </p>
<p>Craver, C. B. (2015). The use of mediation to resolve community disputes. <em>Washington University Journal of Law & Policy</em>, <em>48</em>, 231+. <a href="https://link.gale.com/apps/doc/A431445696/AONE?u=usc&sid=AONE&xid=a377417b">https://link.gale.com/apps/doc/A431445696/AONE?u=usc&sid=AONE&xid=a377417b</a></p>
<p>Davidson, A., McKinney, S., Schwarz, R., & Carlson, P. (2013). <em>The skilled facilitator field book: Tips, tools, and tested methods for consultants, facilitators, managers, trainers, and coaches</em>. San Francisco, CA: Jossey-Bass.</p>
<p>Mayer, B. S. (2004). <em>Beyond neutrality: Confronting the crisis in conflict resolution</em>. New York: Wiley.</p>
<p> </p>
<p><em>Martha Wilcoxson, MS, EdD, is a graduate of the Master of Science in Negotiation and Conflict Resolution program at Creighton School of Law. She can be reached at <u><a href="mailto:MarthaWilcoxson@Creighton.edu">MarthaWilcoxson@Creighton.edu</a></u>. She values your comments.</em></p>Design for Justicetag:www.adrhub.com,2020-09-30:4905899:BlogPost:914392020-09-30T19:30:00.000ZMartha Jeanne Wilcoxsonhttp://www.adrhub.com/profile/MartyWilcoxson
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<div class="post-content clear"><p><strong>The Community Mediation Process</strong></p>
<p><strong>Phase Two – Preparation and Design</strong></p>
<p> We’ve been watching a small community deal with conflict surrounding the legitimacy of a historical statue located on public land. Just like many other communities around the nation, special groups representing civil and social rights have found voice and courage to protest “objects of suppression”. And just like many other communities, groups with vested interests in the history and culture of their community, have the sense of responsibility to protect the heritage of their forefathers. The debate is multidimensional and fluid. The task of achieving agreement between special interest groups about which historical artifacts should, or should not, be displayed, may seem impossible. However, the work of creating valuable dialogue and understanding is not only possible, but an opportunity to build a stronger community. This is the task of a successful mediation.</p>
<p> This article is part two in a four-part series examining the mechanics in building successful community mediation. The series began with a critical look at the importance of identifying the issues and players in planning for community dispute resolution through mediation. Stage two, mediation design, relies heavily on the completeness of planning in phase one. Our community mediation model can be seen as a pyramid, with the success of each step relying on the completeness of the foundation of the prior step. </p>
<p></p>
<img src="https://coloradondr.com/2020/09/19/691/" alt=""/><br/>
<p> Addressing the preparation and design of community mediation gives us a chance to address the elephant in the room: Is the process perceived as fair, and does mediation have the potential to achieve justice for the community? Just as the strength of a building relies on its foundation, the strength of the mediation design relies on the thoroughness of the planning stage. The design process addresses the legitimacy of neutrality and the preservation of social justice. Successful community mediation design builds processes that will keep the mediation team ever mindful of both. </p>
<p><strong> Neutrality.</strong><span> </span>Neutrality of private peace mediators in multidimensional societal disputes lies at the core of the mediation process (Lehrs, 2016). Mediator and mediation are neutral as well as confidential. The mediator has no legal status or influence over decision-makers. The design exercise identifies the different circles of influence: official decision-makers, public opinion, rival side(s), and the marginalized. Equal consideration to each group.</p>
<p> Make no mistake, the ability to maintain a neutral demeanor is a challenge. Even the knowledgeable and neutral mediator needs to be aware of the threat he or she could is perceived as having attachment or bias – a perception that could thwart the process. The good news is that a neutral demeanor can be practiced and perfected. Vocal cues such a words of support or encouragement must be measured. Visual cues such smiles nods, frowns that might indicate bias should be limited. Mediation planning must start with a balanced and respected approach to<span> </span><strong><em>all</em></strong><span> </span>interactions. During the entire mediation exercise, perceptions and meanings will be constantly read into actions, choices of phrasing, and attitude. Just as an actor trains for a role, the mediator must prepare for neutrality.</p>
<p><strong> Social Justice</strong>. It is the duty of the mediator to identify vulnerable groups in community conflicts. The objective is to give a voice to all parties. This is the heart of the design phase. Successful mediation that facilitates useful dialogue, takes care to consider the right of each individual to be heard. This is not an easy task. Marginalized parties may not be comfortable with the candid sharing of beliefs. Others may have difficulty verbalizing ideas and concerns.<span> </span><em>Legitimate<span> </span></em>thoughts and beliefs should not be ignored. On the other hand, non-essential topics should not be allowed to sidetrack the process. It is a balancing act at best, and the wise mediator will ensure that private issues do not become public issues.</p>
<p> It is interesting that one of the main arguments against community mediation is the risk that power and population imbalances will deny the disenfranchised equal representation (Palma, 2019). This is why preparation plays such a critical role in identifying weaker groups and the planning methods to be used to ensure group contribution and interaction. This is imperative for a legitimate process. Sometimes termed “justice from below,” valid community mediation that pays attention to all community interests will promote positive social change (Asenjo Palma, 2019).</p>
<p><strong> Communication.</strong><span> </span>The preparation phase is also the beginning of valid communication. Status reports on logistics and action items released in the planning and design phases should be shared openly with all concerned parties. Neutrality depends upon information equality. Identical information must be provided to all parties in the same timeframe. The method of information delivery should be fair. There may be participants who do not have internet or be able to read. Valid considerations for communication schedules that will allow all interested parties know when and what to expect, is key to community understanding and acceptance of the mediation process.</p>
<p><strong> Logistics: Where – What – When.</strong><span> </span>Logistic design is critical in planning public mediation. Unless size and population demand multi-meeting venues, one central, nonaligned meeting location, accessible by all modes of transportation, is critical. A good example might be a central civic center close to public transportation. Scheduling is just as important. The timing and frequency of meetings must be designed with stakeholder groups in mind. This is why we include questions about accessibility, mobility, and time commitments in phase one initial stakeholder conversations. The restorative process of mediation is aimed at bringing together the community in conflict to find a resolution. Mediation designed in detail based on extensive information gathered from all stakeholders gives credibility to the process and to the mediator. Preparation and design provide a strong foundation for effective dialogue.</p>
<p> Comprehensive planning, preparation, and design of the community mediation process will pave the way for phase three—the mediation exercise.</p>
<p>References</p>
<p>Asenjo Palma, C. (2019). Conflict resolution in community development: Are the benefits worth the costs? <em>Critical Social Policy</em>, <em>39</em>(2), 268–288.<span> </span><a href="https://doi.org/10.1177/0261018318780162" rel="nofollow">https://doi.org/10.1177/0261018318780162</a></p>
<p>Lehrs, L. (2016). Private peace entrepreneurs in conflict resolution processes. <em>International Negotiation</em>, <em>21</em>(3), 381–408.<span> </span><a href="https://doi-org.ezproxy.csupueblo.edu/10.1163/15718069-12341342" rel="nofollow">https://doi-org.ezproxy.csupueblo.edu/10.1163/15718069-12341342</a></p>
<p><em>Martha Wilcoxson, MS, EdD, is a graduate of the Master of Science in Negotiation and Conflict Resolution program at Creighton School of Law. She can be reached at<span> </span><a href="mailto:MarthaWilcoxson@Creighton.edu">MarthaWilcoxson@Creighton.edu</a>. She values your comments.</em></p>
</div>NCMR Special Issue Call for Paperstag:www.adrhub.com,2020-08-28:4905899:BlogPost:879122020-08-28T16:12:16.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p align="center" class="x_MsoNormal"><b><i><span>Negotiation and Conflict Management Research (NCMR)</span></i></b></p>
<p align="center" class="x_MsoNormal"><b><span>Special Issue Call for Papers</span></b></p>
<p align="center" class="x_MsoNormal"><b><span> </span></b></p>
<p align="center" class="x_MsoNormal"><b><span>Lessons from Practice: Extensions of Current Negotiation Theory and Research</span></b></p>
<p align="center" class="x_MsoNormal"><b><span>Submission Deadline: January 15,…</span></b></p>
<p class="x_MsoNormal" align="center"><b><i><span>Negotiation and Conflict Management Research (NCMR)</span></i></b></p>
<p class="x_MsoNormal" align="center"><b><span>Special Issue Call for Papers</span></b></p>
<p class="x_MsoNormal" align="center"><b><span> </span></b></p>
<p class="x_MsoNormal" align="center"><b><span>Lessons from Practice: Extensions of Current Negotiation Theory and Research</span></b></p>
<p class="x_MsoNormal" align="center"><b><span>Submission Deadline: January 15, 2021.</span></b></p>
<p class="x_MsoNormal" align="center"><span>Special Issue Editors:</span></p>
<p class="x_MsoNormal" align="center"><span>Jimena Ramirez Marin, IESEG School of Business,</span></p>
<p class="x_MsoNormal" align="center"><span>Daniel Druckman, George Mason University, Macquarie University, University of Queensland</span></p>
<p class="x_MsoNormal" align="center"><span>William Donohue, Michigan State University</span></p>
<p class="x_MsoNormal" align="center"><span> </span></p>
<p class="x_MsoNormal"><span>The world economic forum established negotiation as one of the ten most important practical skills to have in 2020 (WEF, 2016). However, a search of titles from one of the top negotiation journals during the past 5 years yielded no papers that included <i>practice</i> in the title. Moreover, a Google Scholar search with the keywords <i>negotiation</i> and <i>conflict</i> and <i>practic</i>e in the title, only yields 27 results, and 3 results if the search is limited to the past 5 years. This suggests that academics may need to consider lessons from practice as valuable for advancing negotiation theory. Nonetheless, practitioners often consult with academics for advice on conflict and negotiations. Practice can be a resource for investigating the limits of current negotiation and conflict management theories. Practice can also help academics engage in a reality-check process that contributes to our understanding of the phenomenon. This issue is intended to bring various types of practices closer to ongoing and planned research. </span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>The call for papers is focused on contributions from practice to current negotiation/ conflict management theory and research as well as from research to practice. Collaborations between researchers and practitioners are strongly recommended. We encourage various formats including full papers on the research-practice nexus, papers devoted primarily to practice with examples that are valuable for researchers, and case studies based on observations or interviews. All the submissions should respond the following questions:</span></p>
<ul type="disc">
<li class="x_MsoListParagraphCxSpFirst"><span>What are practitioners doing that is being overlooked by research? What are some unique contributions offered by particular types of practice?</span></li>
<li class="x_MsoListParagraphCxSpMiddle"><span>How does this paper build a bridge between theory and practice?</span></li>
<li class="x_MsoListParagraphCxSpLast"><span>How does this paper extend current negotiation theory or research?</span></li>
</ul>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>Timeline:</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>Proposals due: October 15, 2020. Proposals are 800-1000 words describing the content of a potential paper for this special issue. Please send your proposal to Jimena Ramirez at </span><a href="mailto:j.ramirez@ieseg.fr" target="_blank" rel="noopener noreferrer"><span>j.ramirez@ieseg.fr</span></a><span>. Proposals are highly recommended, but not required before the manuscript submission.</span></p>
<p class="x_MsoNormal"><span>Manuscript submission: January 15, 2021</span></p>
<p class="x_MsoNormal"><span>Initial decisions: March 30, 2021</span></p>
<p class="x_MsoNormal"><span>First round revisions: May 30, 2021</span></p>
<p class="x_MsoNormal"><span>Final manuscript: August 30, 2021</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><span>Please direct all proposals and special issue inquiries to Jimena Ramirez at </span><a href="mailto:j.ramirez@ieseg.fr" target="_blank" rel="noopener noreferrer"><span>j.ramirez@ieseg.fr</span></a><span>.</span></p>
<p class="x_MsoNormal"><span>Contact Qi Wang, NCMR Editor-in-Chief, at </span><a href="mailto:ncmr@villanova.edu" target="_blank" rel="noopener noreferrer"><span>ncmr@villanova.edu</span></a><span> with inquiries about NCMR.</span></p>
<p class="x_MsoNormal"><span> </span></p>
<p class="x_MsoNormal"><i><span>Negotiation and Conflict Management Research</span></i><span> (NCMR) publishes articles that develop theory and report research on negotiation and conflict management across levels, including interpersonal conflict, intergroup conflict, organizational conflict, and cross-cultural conflict, across a range of domains including environmental conflict, crisis negotiations, and political conflict, as well as across a variety of approaches, including formal and informal third party intervention, mediation and arbitration.</span></p>Community Mediation: Unique, Arduous, Rewardingtag:www.adrhub.com,2020-08-25:4905899:BlogPost:880042020-08-25T20:15:42.000ZMartha Jeanne Wilcoxsonhttp://www.adrhub.com/profile/MartyWilcoxson
<p>Community conflict is a fact of life. This year has created new and critical challenges that fuel social and cultural unrest. Many communities are turning to mediation as a way to achieve understanding, resolve conflict and create a better future for their citizens. This article is part one of a four part series addressing the four important steps in the community mediation process: planning, preparation and design, process, evaluation and monitoring.</p>
<p> Mediation is unique…</p>
<p>Community conflict is a fact of life. This year has created new and critical challenges that fuel social and cultural unrest. Many communities are turning to mediation as a way to achieve understanding, resolve conflict and create a better future for their citizens. This article is part one of a four part series addressing the four important steps in the community mediation process: planning, preparation and design, process, evaluation and monitoring.</p>
<p> Mediation is unique in the world of dispute resolution and community mediation is one of the more complex methods of resolution processes. Unlike arbitration which conflict resolution culminates in a decision by an arbitrator, mediation is a form of dispute resolution that is owned by all stakeholders – in this case the community. Valid community mediation is shared effort by interest groups to fully articulate their concerns, understand key issues important to each party, and desire to work together to arrive at a mutually agreed goals. Community mediation that results in conflict transformation is not simple, quick or without pain and effort. But the results of properly prepared and orchestrated community mediation has the power to transform. Cultural disputes experienced by communities are rarely one dimensional and identification and participation of impacted parties (stakeholders) requires time, patience and above all genuine understanding. This is the role of the mediation pre-planning process.</p>
<p>Community Mediation Process Planning</p>
<p><u>Anchoring Community Support</u></p>
<p> Make no mistake, the community mediation process and ultimate agreement is arduous. Successful mediations do not proceed without facilitation by an expert mediator who is able to create important dialogue between all parties in order to understand all issues. However, a successful mediation begins with the genuine support of local government and community groups. Perhaps the most important first step is the sincere commitment of community leaders to achieve a mutual agreement.</p>
<p> In some cases, garnering support of community leaders requires helping all participants be on a level playing field with a firm understanding of the mediation process. Not everyone has the same understanding of mediation and community mediation has unique aspects that must be understood. All members involved need to understand and appreciate the fact that community mediation is not distributive justice – it is a resolution to community conflict that has been designed, built and maintained by the community. It will be the citizens who own the community mediation process. Citizens will evaluate the success of the process short term and long term. The “Agreement to Mediate” must be comprehensive and written in a reader friendly fashion. Expectations of time, process, evaluation and monitoring are key to the agreement.</p>
<p><u>Comprehensive Planning</u> </p>
<p> The process community mediation is lengthy but the potential outcome is powerful. Mediation that is properly planned, orchestrated, monitored and assessed has the ability to create understanding and transform. The initial hurdle for mediator is to prepare and stakeholders for the process of transformation. The desire to see a clear and immediate resolution to conflict is often the first hurdle in community mediation. The more effort the mediator devotes to preplanning and explanation of the importance of the planning process, the more realistic expectations will be developed by the community. Planning may sometimes verge on the tedious must absolutely be thorough. It takes time to identify concerned parties and even more time to adequately interview and document held nuances of dispute. Community disputes are rarely between two parties, and in recent disputes over municipal statue placement, special care should be devoted to constantly expanding the circle of interests. Charting parties and relationships is a useful method to get one’s arms around the essence of the dispute and to visually demonstrate critical issues. Legitimate contacts should be identified from community, government, education, health, cultural, and yes – spiritual interests. From this broad foundation, the scope will most likely broaden.</p>
<p><u>Interviews - Creating Genuine Dialogue</u></p>
<p> When your neighbor asks you how you are doing, you most likely respond with a one sentence reply because (1) it is a formality, and (2) you do not feel compelled to engage in deeper conversation. Not so for mediation conversation. When interviewing stakeholders, the mediator does not stop at once sentence responses. A seasoned mediator has the ability to use quality open end questions to expand and tease out valid beliefs and concerns that are the groundwork for the mediation process. If the initial interview produces abbreviated responses to basic questions the mediator begins with the disadvantage of true understanding. Mediator skills that make the party feel essential to the process, that they are heard and (most importantly) understood is the first step in creating valid conversation that will build a true understanding of the conflict(s).</p>
<p><u>Interview Teams</u></p>
<p> Because most community conflicts involve many people (stakeholders), the mechanics of medication are beyond the scope of management for one mediator. When the stakeholder population is large and varied, interview teams can be of tremendous value. The key is team coordination insuring transcription of narrative interviews are transcribed and interpreted in a group setting. This is an important procedural step for one very obvious reason. We all have our own biases, skill sets and history that influences interpretation of narrative data. The value of the team approach in data interpretation adds substance to issue identification and interpretation.</p>
<p> An added bonus to the team approach is the fairness of interview scheduling. When interviews are held simultaneously, interview teams have the added advantage of dispelling impression of favoritism – each group response is as valued as all. The savings of time by team interviews also keeps the process on track as well as prevents the morphing of important points over time through back channels.</p>
<p><u>Revisit, Revisit, Revisit</u></p>
<p> The meaning of a response should never be assumed. Stakeholders will often open with accepted rhetoric. True meaning and feelings are often shielded by stakeholders who may not have had the opportunity to verbalize their personal thoughts. Revisit also has the advantage of allowing the stakeholder to ruminate on memories and significant events. If the mediation is to be successful, all parties must be assured of their opportunity to contribute comprehensive input.</p>
<p> Many a community mediation has languished due to poor (or no) pre-planning. The sad fact is that if mediation gets off track in the early stages and evaporates into an administrative memory, community perception about mediation and willingness to continue the process to achieve long term success is lost. Positive resolution and understanding mediation sets the groundwork for long term resolution and understanding. The result is a better world – what we all want.</p>
<p> Next week, I’ll address the preparation phase. Each community has its own personality, infrastructure and needs which dictate the preparation process.</p>
<p> </p>
<p>Martha Wilcoxson, EdD is a graduate of the masters Negotiated Conflict Resolution program Creighton School of Law. She can be reached at <span><a href="mailto:MarthaWilcoxson@Creighton.edu">MarthaWilcoxson@Creighton.edu</a></span>. She values your comments.</p>Speaking Truths Panel: IMAGES OF JUSTICE AND INJUSTICE (online, Sept. 1st)tag:www.adrhub.com,2020-08-06:4905899:BlogPost:877022020-08-06T11:00:00.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p class="x_MsoNormal"><span style="font-size: 12pt;"><strong>Tuesday, September 1st, 12 noon US Central Time</strong></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Experiencing systemic injustice such as racism, misogyny, and colonialism can be hard to name. And even after seeing and naming this kind of injustice, people struggle with how it is normalized and hidden. Why and how is systemic injustice normalized? How can we stop the perpetuation of injustice within our…</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><strong>Tuesday, September 1st, 12 noon US Central Time</strong></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Experiencing systemic injustice such as racism, misogyny, and colonialism can be hard to name. And even after seeing and naming this kind of injustice, people struggle with how it is normalized and hidden. Why and how is systemic injustice normalized? How can we stop the perpetuation of injustice within our institutions and communities? How do we move away from blaming individuals toward creating systems of justice?</span></p>
<p class="x_MsoNormal"><img src="https://scontent-mia3-2.xx.fbcdn.net/v/t1.0-9/117303013_872244083303423_472221202590385595_n.jpg?_nc_cat=103&_nc_sid=b386c4&_nc_ohc=5JYx_WPvjFYAX9z5klN&_nc_ht=scontent-mia3-2.xx&oh=efa2b3fbe33cbf9acfd4988f23e76e01&oe=5F534E39" alt="Image may contain: 1 person, indoor, text that says 'Sam Kittner Newseum'" width="331" height="235"/></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><strong>WHEN:</strong> Tuesday, September 1, 2020 @ Noon – 1:00 pm </span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><strong>WHERE:</strong> VIA ZOOM, The Durham Museum, Omaha, NE</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><strong>PANELISTS:</strong></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">• Jacqueline N. Font-Guzmán, Professor and Director, NCR Program, Creighton University</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">• Palma Strand, Professor, NCR Program and Director, 2040 Initiative, Creighton University</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">• Christopher Whitt, Vice-Provost for Institutional Diversity and Inclusion, Creighton University</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">• Barry Thomas, Director of Equity and Diversity, Omaha Public Schools</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">• Yvonne Sosa, Assistant Public Defender, Douglas County</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">• Shaun Ilahi, General Counsel, Habitat for Humanity of Omaha and Photographer</span></p>
<p class="x_MsoNormal"></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">This program is presented by Creighton University’s Negotiation and Conflict Resolution (NCR) Program and the 2040 Initiative in the Graduate School. </span></p>
<p class="x_MsoNormal"></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Space is limited. Reservations are required for this free event that will be presented via Zoom. Registered guests will receive connection information for this virtual event.</span></p>
<p class="x_MsoNormal"></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><strong>REGISTRATION:</strong></span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;"><a href="https://12565.blackbaudhosting.com/12565/Speaking-Truths-Images-of-Justice-and-Injustice---Virtual-Event">https://12565.blackbaudhosting.com/12565/Speaking-Truths-Images-of-Justice-and-Injustice---Virtual-Event</a></span></p>
<p class="x_MsoNormal"></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">Have questions? Call 402-444-5071 or email reservations@DurhamMuseum.org.</span></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">RSVP required.</span></p>
<p class="x_MsoNormal"></p>
<p class="x_MsoNormal"><span style="font-size: 12pt;">FOR MORE INFORMATION: <a href="https://durhammuseum.org/event/speaking-truths-images-of-justice-and-injustice-2/">https://durhammuseum.org/event/speaking-truths-images-of-justice-and-injustice-2/</a></span></p>Mediation in Property Settlement Casestag:www.adrhub.com,2020-07-29:4905899:BlogPost:876202020-07-29T12:14:50.000ZDaniel Toombshttp://www.adrhub.com/profile/DanielToombs
<p><span style="font-weight: 400;">At the point when a couple chooses to end off their relationship, it's generally the situation that they wish to separate their lives when practicably conceivable. This can demonstrate hard to do in the event that you claimed property together during the relationship.</span></p>
<p><span style="font-weight: 400;">Settling <a href="https://mediationsaustralia.com.au/property-settlement-mediation/" rel="noopener" target="_blank">property matters</a> is a…</span></p>
<p><span style="font-weight: 400;">At the point when a couple chooses to end off their relationship, it's generally the situation that they wish to separate their lives when practicably conceivable. This can demonstrate hard to do in the event that you claimed property together during the relationship.</span></p>
<p><span style="font-weight: 400;">Settling <a href="https://mediationsaustralia.com.au/property-settlement-mediation/" target="_blank" rel="noopener">property matters</a> is a significant advance in having the option to push ahead with your life, especially given the measure of cash we for the most part have tied up in a land resource. Regardless of whether you need to sell what was some time ago the family home and split the returns, or wish to purchase out your ex-life partner so as to remain on in the house, settling this issue can be hard at an effectively enthusiastic time.</span></p>
<p><span style="font-weight: 400;">In addition, numerous individuals are under the impression a court will part property resources 50:50 between the gatherings. This isn't the situation. Rather the court utilizes a lengthier procedure that takes in such things as the budgetary and non-monetary commitments made during the relationship and each gathering's future needs so as to settle on a reasonable and fair division of property.</span></p>
<p><strong>How does mediation help? </strong></p>
<p><span style="font-weight: 400;">Since it is confusing and requires some investment, property settlement is something to be attempted as quickly as time permits after a couple chooses to separate or separate. Married couples don't have to hold up until they are separated so as to choose how to manage shared property resources.</span></p>
<p><span style="font-weight: 400;">Compared with going with court, mediation is quicker, less expensive and by and large progressively good methods for going to a property settlement with your ex. The organized procedure, guided by an autonomous outsider as a certified, experienced middle person, permits every one of you to serenely and deliberately experience the issues in question.</span></p>
<p><span style="font-weight: 400;">By doing so you can ideally go to a negotiated settlement that addresses the issues of the two gatherings. Mediation property matters are commonly settled a lot quicker than when they are led through the court procedure.</span></p>
<p><span style="font-weight: 400;">If you have a mediation property matter and require advice or direction on the subsequent stages to take, get in touch with one of our profoundly experienced experts at <a href="https://mediationsaustralia.com.au/" target="_blank" rel="noopener">Mediations Australia</a> today.</span></p>2020 Resource Share Materialtag:www.adrhub.com,2020-06-15:4905899:BlogPost:871482020-06-15T23:26:12.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p class="x_MsoNormal">Here is the compilation of resources harvested at the 2020 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference.</p>
<p class="x_MsoNormal">Sharon and I appreciated seeing so many colleagues attend the session, and their continued generosity in sharing their experience.</p>
<p class="x_MsoNormal">This is the…</p>
<p class="x_MsoNormal">Here is the compilation of resources harvested at the 2020 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference.</p>
<p class="x_MsoNormal">Sharon and I appreciated seeing so many colleagues attend the session, and their continued generosity in sharing their experience.</p>
<p class="x_MsoNormal">This is the <span style="text-decoration: underline;"><strong><a href="https://storage.ning.com/topology/rest/1.0/file/get/5986021459?profile=original" target="_blank" rel="noopener">main document</a></strong></span> including all of the resources contributed at these sessions over the past few years. Note that it is annotated with yellow highlights for “new additions” and blue highlights for “updated information” regarding previous contributions.</p>
<p class="x_MsoNormal">Some of the resources described in the main document refer to appendices. Here are the <span style="text-decoration: underline;"><strong><a href="https://storage.ning.com/topology/rest/1.0/file/get/5986043063?profile=original" target="_blank" rel="noopener">2020 appendices</a></strong></span> (beginning with Appendix I) and the <span style="text-decoration: underline;"><strong><a href="http://redirect.viglink.com/?format=go&jsonp=vglnk_159226351982510&key=034153a8f6f990b64f375d12e1cc4572&libId=kbh4kjvz01000nv1000DA1sml10e9&loc=http%3A%2F%2Fwww.adrhub.com%2Fprofiles%2Fblogs%2Fresources-for-conflict-negotiation-and-adr-teachers-shared-by-oth%3Fxg_source%3Dactivity&v=1&out=http%3A%2F%2Fsecureservercdn.net%2F45.40.149.159%2Fgb8.254.myftpupload.com%2Fwp-content%2Fuploads%2F2019-Resource-Share-Appendices.pdf&ref=http%3A%2F%2Fwww.adrhub.com%2F&title=Resources%20for%20conflict%2C%20negotiation%20and%20ADR%20teachers%20-%20shared%20by%20other%20teachers%20-%20ADRhub%20-%20Creighton%20NCR&txt=appendices%20for%20the%20exercises" target="_blank" rel="noopener">2019 appendices</a></strong></span> (A – H).</p>
<p class="x_MsoNormal">Good luck in utilizing these resources in your classrooms!</p>
<p></p>Statement by Conflict Engagement Specialists about Conflict Engagement and Strategic Disruption (Originated by Bernie Mayer and Susan Terry)tag:www.adrhub.com,2020-06-08:4905899:BlogPost:870492020-06-08T20:14:34.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
From Bernie and Susan:<br />
<br />
Friends - a group of conflict engagement practitioners have created a statement of intent regarding racism. We will follow this up with a deeper discussion and a Call to Action to conflict practitioners. It was, of course, spurred by recent events in the U.S. and the international response that we are seeing. We realize that our diverse group represents a number of countries and each of you will have to decide if this statement is representative of what you are seeing…
From Bernie and Susan:<br />
<br />
Friends - a group of conflict engagement practitioners have created a statement of intent regarding racism. We will follow this up with a deeper discussion and a Call to Action to conflict practitioners. It was, of course, spurred by recent events in the U.S. and the international response that we are seeing. We realize that our diverse group represents a number of countries and each of you will have to decide if this statement is representative of what you are seeing not only in the U.S. but in your country.<br />
<br />
Our Goals:<br />
<br />
Declare ourselves as not impartial about this issue - not in our private lives, not in our work.<br />
<br />
Make a public commitment to take action to fight systemic racism.<br />
Signal to the public that the work of mediators, etc. is not about making nice - it is about coming to grips with what is wrong and setting it right.<br />
State publicly that no matter how good we are at the work we do, the issue of racial divide will never be okay until we deal with systemic racism.<br />
The statement may not be perfect, but it is a start. The intention is to minimize wordsmithing and to quickly establish common intention.<br />
<br />
In addition, in a fairly short time, we want to have a teleconference for folks interested in discussing how to turn this statement into a call for action. We've got to get beyond the handwringing about the president, the diversionary focus on people stealing sneakers, and any hesitation we may feel about speaking out decisively for justice because of fears of hurting someone's feelings or being perceived as biased.<br />
<br />
Some of the early signers are: Bernie Mayer, Julie Macfarlane, Susanne Terry, Chris Moore, Tom Fee, Donzell Robinson, Peter Woodrow, David Anderson Hooker, Colin Rule, Peter Salem, David Campt, Cheryl Jamison, Beth Roy, Michael Lang, Lucy Moore, Selina Low and Jackie Font-Guzmàn.<br />
<br />
<br />
Constructive Conflict and Strategic Disruption:<br />
<br />
A Statement from Conflict Engagement Practitioners<br />
<br />
6/2/2020<br />
<br />
We are conflict engagement practitioners – mediators, conflict coaches, negotiators, facilitators, convenors, dialogue coaches and more. We assist individuals, organizations and communities to engage with and deal more effectively with conflict.<br />
<br />
Our collective experience has taught us that where injustice is embedded in the system that is experiencing the conflict, we cannot help bring about a more peaceful environment without addressing the injustice.<br />
<br />
We stand with our brothers and sisters suffering the injustice and pain of racism, whether it was malicious or unintentionally caused. We stand with all people of color who live in a world made dangerous by racism. Black Lives Matter!<br />
<br />
We call for an unprecedented effort to address inequity in our systems of governance, economy, housing, employment, healthcare… We also recognize that without disruption, systems of oppression will not change. No Justice No Peace!<br />
<br />
We fervently hope for peace on our streets, but peace, real peace, meaningful peace, just peace, will only come when the systems of oppression that perpetuate the lethal injustice that killed George Floyd, Eric Garner, Ahmaud Arbery, and Breonna Taylor and so many others are ended. We support those who disrupt the systems of injustice and we recognize that strategic disruption is necessary to achieve genuine change.<br />
<br />
We will continue to stand with our brothers and sisters who are fighting for justice so that we can then all proudly hold the banner of More Justice, More Peace!<br />
<br />
Join with us.<br />
<br />
Sign statement here: <a href="https://docs.google.com/forms/d/e/1FAIpQLSdj8k0Ucyfl-y13-3gLdRBihadzHFnjCMCn8nt-rYjeS23MhQ/viewform">https://docs.google.com/forms/d/e/1FAIpQLSdj8k0Ucyfl-y13-3gLdRBihadzHFnjCMCn8nt-rYjeS23MhQ/viewform</a>ZOOM Breakout Rooms in Action in Multi-Party Dispute - 1-hour FREE Training - June 16, 2020tag:www.adrhub.com,2020-05-31:4905899:BlogPost:874022020-05-31T02:20:01.000ZGiuseppe Leonehttp://www.adrhub.com/profile/GiuseppeLeone
<p><a href="https://storage.ning.com/topology/rest/1.0/file/get/5479424495?profile=original" rel="noopener" target="_blank"><img class="align-center" src="https://storage.ning.com/topology/rest/1.0/file/get/5479424495?profile=RESIZE_710x"></img></a></p>
<p>During this Free event, online mediators and mediators interested in online mediation will learn:</p>
<ul>
<li><p><span style="font-weight: 400;">How to plan, set up, and manage Zoom Breakout Rooms in an online mediation of a multi-party dispute</span></p>
</li>
<li><p><span style="font-weight: 400;">How their parties/clients experience being inside a…</span></p>
</li>
</ul>
<p><a href="https://storage.ning.com/topology/rest/1.0/file/get/5479424495?profile=original" target="_blank" rel="noopener"><img src="https://storage.ning.com/topology/rest/1.0/file/get/5479424495?profile=RESIZE_710x" class="align-center"/></a></p>
<p>During this Free event, online mediators and mediators interested in online mediation will learn:</p>
<ul>
<li><p><span style="font-weight: 400;">How to plan, set up, and manage Zoom Breakout Rooms in an online mediation of a multi-party dispute</span></p>
</li>
<li><p><span style="font-weight: 400;">How their parties/clients experience being inside a Breakout Room (e.g. with their attorney)</span></p>
</li>
</ul>
<p>AGENDA</p>
<ul>
<li><p><span style="font-weight: 400;">15-min Presentation “How Zoom Breakout Rooms Work”</span></p>
</li>
<li><p><span style="font-weight: 400;">30-min Simulation - Breakout Rooms in Action in a multi-party (family business) dispute </span></p>
</li>
<li><p><span style="font-weight: 400;">15-min Q&A</span></p>
</li>
</ul>
<p>PRESENTER</p>
<p><span style="font-weight: 400;">Giuseppe Leone, a professional mediator and trainer expert in Online Mediation via Zoom, and founder of the LinkedIn Group <a href="https://www.linkedin.com/groups/13857632/" target="_blank" rel="noopener">Online Mediation via Zoom - Learn More, Practice, Share</a></span></p>
<p>VIDEO RECORDING</p>
<p><span style="font-weight: 400;">The video recording of this 1-hour training on Zoom Breakout Rooms will be posted and made publicly available on Giuseppe’s website <a href="https://www.virtualmediationlab.com/" target="_blank" rel="noopener">VirtualMediationLab.com</a> - so other online mediators around the world can watch and benefit from this training.</span></p>
<p>SEATING IS LIMITED to 30 mediators.</p>
<p>HOW TO REGISTER</p>
<p>This Free training is by invitation only. If you're interested to participate, send an email to Giuseppe - virtualmediationlab@gmail.com to ask him if there are still some seats available. </p>Resources for ADR, Conflict and Negotiation Teachers Transitioning Courses Onlinetag:www.adrhub.com,2020-03-25:4905899:BlogPost:872302020-03-25T15:45:28.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p>Sharon Press and I gave a webinar last week on conducting simulations in courses transitioning to Zoom and other videoconferencing platforms. The video is available here: <a href="https://urldefense.com/v3/__https://www.youtube.com/watch?v=8Hdz-NI6Xr4&__;!!MuWMPV1_1eXDnA!kq-dDzHYSiPXqPQNNCEDH50zf25MrL8IpaIH4osP1BWM0r0EGb6TxDMXgeSPk3ZVnMtV$" rel="noopener noreferrer" target="_blank">https://www.youtube.com/watch?v=8Hdz-NI6Xr4&</a></p>
<p>Feel very welcome to view and to share. Our…</p>
<p>Sharon Press and I gave a webinar last week on conducting simulations in courses transitioning to Zoom and other videoconferencing platforms. The video is available here: <a href="https://urldefense.com/v3/__https://www.youtube.com/watch?v=8Hdz-NI6Xr4&__;!!MuWMPV1_1eXDnA!kq-dDzHYSiPXqPQNNCEDH50zf25MrL8IpaIH4osP1BWM0r0EGb6TxDMXgeSPk3ZVnMtV$" target="_blank" rel="noopener noreferrer">https://www.youtube.com/watch?v=8Hdz-NI6Xr4&</a></p>
<p>Feel very welcome to view and to share. Our thanks to the ABA’s Section on Dispute Resolution for hosting the webinar!</p>
<p><i>[Note: The question about setting up breakup rooms in zoom in advance, asked at about minute 29:00 in the webinar, is answered here:<span> </span></i><a href="https://urldefense.com/v3/__https://support.zoom.us/hc/en-us/articles/360032752671-Pre-assigning-participants-to-breakout-rooms__;!!MuWMPV1_1eXDnA!kq-dDzHYSiPXqPQNNCEDH50zf25MrL8IpaIH4osP1BWM0r0EGb6TxDMXgeSPkxbMXv-N$" target="_blank" rel="noopener noreferrer">https://support.zoom.us/hc/en-us/articles/360032752671-Pre-assigning-participants-to-breakout-rooms</a>]</p>
<p> -----</p>
<p>This paper is the essay we mentioned in our talk. It discussed the issues covered in this webinar and includes links and resources to material you can use in your course:</p>
<p><i>Pandemic Pedagogy II: Conducting Simulations & Role Plays in Online, Video-Based, Synchronous Courses</i><span> </span><span> </span><a href="https://urldefense.com/v3/__https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3557303__;!!MuWMPV1_1eXDnA!kq-dDzHYSiPXqPQNNCEDH50zf25MrL8IpaIH4osP1BWM0r0EGb6TxDMXgeSPk2JT1XVN$" target="_blank" rel="noopener noreferrer">https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3557303</a></p>
<p><span>-------</span></p>
<p><span>For a basic intro to teaching online with Zoom, here is the Mitchell-Hamline <em>Best Practices for Online Teaching</em> program mentioned in the webinar:</span></p>
<p><span><a href="https://urldefense.com/v3/__https:/mhsl.hosted.panopto.com/Panopto/Pages/Viewer.aspx?id=7e45ee08-63b5-4684-b15e-ab7d01775cc3__;!!MuWMPV1_1eXDnA!mmwFGmhdjSWxsFBXBNWF03-L3RbfrL-QUz0L_ncq5Woh2iMHIsWF9F7Zm6NMCiYpzF9K$" target="_blank" rel="noopener noreferrer">https://mhsl.hosted.panopto.com/Panopto/Pages/Viewer.aspx?id=7e45ee08-63b5-4684-b15e-ab7d01775cc3</a></span></p>
<p>-------</p>
<p>For a basic intro to ‘What do I need to consider while transitioning courses online?” read </p>
<p>'<em>Next Week, You Will Teach Your Courses Online': A Reassuring Introduction to Pandemic Pedagogy</em><span> </span><a href="https://urldefense.com/v3/__https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3552124__;!!MuWMPV1_1eXDnA!kq-dDzHYSiPXqPQNNCEDH50zf25MrL8IpaIH4osP1BWM0r0EGb6TxDMXgeSPk5M-Id2l$" target="_blank" rel="noopener noreferrer">https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3552124</a></p>
<p>-----</p>
<p>In general, you can find material on negotiating and mediation online, essays on negotiation and mediation pedagogy, and simulations to use for teaching online negotiation and mediation, on my SSRN page at<span> </span><a href="https://urldefense.com/v3/__https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=425153__;!!MuWMPV1_1eXDnA!kq-dDzHYSiPXqPQNNCEDH50zf25MrL8IpaIH4osP1BWM0r0EGb6TxDMXgeSPk7KN9NHJ$" target="_blank" rel="noopener noreferrer">https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=425153</a></p>
<p>-----</p>
<p>Good luck, everyone!</p>
<p>Noam</p>How Much Justice Can You Afford?tag:www.adrhub.com,2020-02-07:4905899:BlogPost:872152020-02-07T14:03:22.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p>It is one of the oldest lawyer jokes in the book, and its punchline is about to change.</p>
<p>Remember the<span> </span><em>New Yorker</em><span> </span>cartoon, in which a lawyer and their client sit at a table, and the lawyer assesses the client’s legal problem? “You have a pretty good case,” the lawyer informs him, “How much justice can you afford?”</p>
<p>The client’s response is unvoiced in the cartoon, but moving beyond the punchline, one can imagine the client’s heart sinking,…</p>
<p>It is one of the oldest lawyer jokes in the book, and its punchline is about to change.</p>
<p>Remember the<span> </span><em>New Yorker</em><span> </span>cartoon, in which a lawyer and their client sit at a table, and the lawyer assesses the client’s legal problem? “You have a pretty good case,” the lawyer informs him, “How much justice can you afford?”</p>
<p>The client’s response is unvoiced in the cartoon, but moving beyond the punchline, one can imagine the client’s heart sinking, realizing they may not be able to afford all the justice they need, or any justice at all. This reflects the day-to-day reality of most people in the US and around the world: the justice they can afford is not the justice they need.</p>
<p>That's about to change. <a href="https://sites.duke.edu/thefinregblog/2020/02/07/how-much-justice-can-you-afford/" target="_blank" rel="noopener">Continue Reading on The FinRegBlog</a></p>New Book: Litigation Interest and Risk Assessmenttag:www.adrhub.com,2020-01-28:4905899:BlogPost:873032020-01-28T03:39:39.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p>When John Lande gave me a preview of his new book (written with Michaela Keet and Heather Heavin) <strong><u><a href="https://www.americanbar.org/products/inv/book/392570288/">Litigation Interest and Risk Assessment</a></u></strong>, I read it in one gulp. It was everything they never taught me in law school, and many of the mistakes I’ve seen lawyers make while counseling their clients in mediation, all rolled into one.</p>
<p>The book explains how lawyers, mediators, and settlement…</p>
<p>When John Lande gave me a preview of his new book (written with Michaela Keet and Heather Heavin) <strong><u><a href="https://www.americanbar.org/products/inv/book/392570288/">Litigation Interest and Risk Assessment</a></u></strong>, I read it in one gulp. It was everything they never taught me in law school, and many of the mistakes I’ve seen lawyers make while counseling their clients in mediation, all rolled into one.</p>
<p>The book explains how lawyers, mediators, and settlement conference judges can help parties can use litigation interest and risk assessment (LIRAs) to make good decisions in litigation.</p>
<p>At the front end of litigation, parties think of the benefits they are likely to receive, and they don’t consider the substantial risks and costs involved in the process. While some of this has to do with confirmation bias and lawyers upselling the benefits, a lot of it has to do with lawyers not having good practices for estimating costs and risks and discussing them with clients. Trust me: There is no ‘costs and risks’ course in law school (although, lately, ‘discussing things with clients’ has been finally making its way into the curriculum) in the process.</p>
<p>Predicting risks and costs precisely is complex. Predicting risks and costs roughly, though, is simpler – now that this book is out. The book provides a systematic <em>and simple</em> approach for calculating the potential costs and risks of litigation, that will allow lawyers and clients to make decision with far less reliance on lawyer guestimates. This not only advises the client better, it also takes pressure off of lawyers.</p>
<p>The system is also helpful for mediators, or settlement conference judges. Working with attorneys and clients in the middle of the litigation process, they can help them conduct an up-to-date LIRA to inform their decisions about the future.</p>International Dispute Management Open Froumtag:www.adrhub.com,2020-01-20:4905899:BlogPost:870072020-01-20T20:19:51.000ZLarry Longhttp://www.adrhub.com/profile/bluehydro08
<p>Follow me on twitter and on utube</p>
<p><a href="https://www.youtube.com/watch?v=amycgzUEDBU">https://www.youtube.com/watch?v=amycgzUEDBU</a></p>
<p></p>
<p></p>
<p>Follow me on twitter and on utube</p>
<p><a href="https://www.youtube.com/watch?v=amycgzUEDBU">https://www.youtube.com/watch?v=amycgzUEDBU</a></p>
<p></p>
<p></p>International Dispute Managementtag:www.adrhub.com,2020-01-20:4905899:BlogPost:870052020-01-20T20:16:44.000ZLarry Longhttp://www.adrhub.com/profile/bluehydro08
<p></p>
<p>Introducing the concept of Resource-based Dispute Management. The focus is on the limitation of natural resources.</p>
<p>My book can be purchased at authorhouse.com</p>
<p><a href="https://www.authorhouse.com/en/bookstore/bookdetails/712041-resource-based-dispute-management">https://www.authorhouse.com/en/bookstore/bookdetails/712041-resource-based-dispute-management</a></p>
<p></p>
<p></p>
<p>Introducing the concept of Resource-based Dispute Management. The focus is on the limitation of natural resources.</p>
<p>My book can be purchased at authorhouse.com</p>
<p><a href="https://www.authorhouse.com/en/bookstore/bookdetails/712041-resource-based-dispute-management">https://www.authorhouse.com/en/bookstore/bookdetails/712041-resource-based-dispute-management</a></p>
<p></p>Fieldwide Governance for ODR - Video Conversation with Prof. Amy Schmitztag:www.adrhub.com,2020-01-13:4905899:BlogPost:870012020-01-13T21:00:00.000ZNoam Ebnerhttp://www.adrhub.com/profile/NoamEbner
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"><span style="font-family: Calibri, sans-serif; color: #201f1e; font-size: 12pt;">Only four years ago, John Zeleznikow and I wrote an article on field-wide governance for the field of Online Dispute Resolution. Published in <em>Negotiation Journal</em>, it was called …<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2845639" rel="noopener" target="_blank"></a></span></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"><span style="font-family: Calibri, sans-serif; color: #201f1e; font-size: 12pt;">Only four years ago, John Zeleznikow and I wrote an article on field-wide governance for the field of Online Dispute Resolution. Published in <em>Negotiation Journal</em>, it was called <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2845639" target="_blank" rel="noopener"><span style="text-decoration: underline;"><strong>No Sheriff in Town: Governance for the ODR Field</strong></span>.</a></span></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"><span style="font-family: Calibri, sans-serif; color: #201f1e; font-size: 12pt;">Four years is a millennia, in ODR terms.</span></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"><span style="font-family: Calibri, sans-serif; color: #201f1e; font-size: 12pt;">ODR is now mainstream, institutionalized, and coming soon to a courthouse near you. The number and nature of players in the field has expanded and transformed.</span></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"><span style="font-family: Calibri, sans-serif; color: #201f1e; font-size: 12pt;"><a href="https://www.youtube.com/watch?v=rF5nBVPxkAY&feature=youtu.be" target="_blank" rel="noopener">In this video</a> I revisit the article and the topic together with Amy Schmitz, ODR expert and thinker extraordinaire, of the U of Missouri’s School of Law.</span></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"><span style="font-family: Calibri, sans-serif; color: #201f1e; font-size: 12pt;"><a href="https://www.youtube.com/watch?v=rF5nBVPxkAY&feature=youtu.be" target="_blank" rel="noopener">Check it out</a>, and share your own thoughts with us! </span></p>
<p class="xmsolistparagraph" style="margin: 0in; margin-bottom: .0001pt; background: white;"></p>