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The Grammar and Syntax of Art and Mediation

StPaul

Recently I’ve been helping to teach some basic mediation courses – I’m in the middle of one now at the Cornell ILR program, and I’ll be involved in one next month at Dominican University in Chicago.  As a way to introduce the value of a standard model of mediation, I’ve put together a short presentation on the “grammar and syntax” of art and mediation.  For those who may be interested, here’s a link to the brief notes that I use as reference for the introduction to mediation.  Grammar and Syntax of Mediation – HSI – Dominican

17
Jan 2013
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Buenos Aires Mediation Class

On our recent visit to Buenos Aires, Julia and I had the pleasure of having a discussion with the students in Alberto Elisavetsky’s mediation course – we had a particularly lively discussion about process, caucuses, etc., during which one of the students really defended their basic process and questioned the use of caucuses (particularly pre-session caucuses).   Interestingly, the model used by the Center, and in some university courses in BA, is basically the “Harvard model” (interest based).  The students in this course were all professionals, working as CPA’s or in other economic fields, so our discussion may have been different if we’d been talking with family mediators or workplace mediators, but the basic interest based model, with little overt adaptation for culture, seems to be the baseline model for mediation in Argentina.  Coincidentally, the issue of the ABA Dispute Resolution Journal that came while we were in BA contained an article on caucusing, which I shared with Alberto for distribution to his class.

Here’s Alberto’s Facebook post regarding the session with Julia and me:

Encuentro con mediadores de Estados Unidos, Odr Latinoamerica facilito un encuentro presencial en Buenos Aires Argentina a temario abierto con los Profesores Dan Rainey Director del National Mediation Board de los Estados Unidos & la Profesora Julia Morelli especialista en conflictos en el ámbito del trabajo del estado de Virginia (EEUU), con un grupo de mediadores profesionales en Ciencias Económicas.

30
Nov 2012
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ODR and Mediator Ethics

 

The Fordham University ADR Conference scheduled for last week in New York City was, for obvious reasons, cancelled, but I had prepared a short talk on the impact of technology on the ethics of mediation to present at the conference.   To begin thinking about the issue, I reviewed the ethics guidelines of the AAA, ABA, ACR, JAMS, the Commonwealth of Virginia (where I live), and the State of Texas (one of the states in which I teach).  This link – ODR Ethics Prezi – is to the Prezi graphic presentation that I was going to use at the Fordham conference.  Obviously, a lot of the presentation was going to be oral, but the landing points in the Prezi give some indication of where I was going with the issue of ethics and ODR.

I pulled 14 issues related to ethics that appeared in the ethics statements of the organizations mentioned above, and created a grid to show which ones were common and which ones popped up routinely across the board.  I chose four of the fourteen issues on which to concentrate for the presentation.  Arguably, all of the issues are affected by technology, but it seemed to me that, for purposes of a short presentation, the four I pulled out were the most affected, or at least the most obviously affected.  The four are:  Competence of the Third Party, Confidentiality of the Process, Quality of the Process, and Advancement of the Practice of Mediation.

Under Competence I was going to address certification, training and training content, mentoring and co-mediation, and review processes for third parties who use technology.  Confidentiality brought up issues of what representations the third party can make regarding confidentiality online, the responsibility of the parties to maintain confidentiality, the nature of “deleted” content online (it’s almost never really deleted in a final sense), and hacking or file sharing.  Quality of the process is related to the comfort level of the parties in a strange venue, the computer literacy of the parties and the expertise in using technology by the third party.  Finally, Advancement of the Practice of Mediation, suggests issues related to integration of ODR into F2F modes, use of varied communication and data handling channels, and the use of evaluation and data analysis methods.

I’ve been invited by The ADR Commercial Law Journal to write an article about this topic – as scant as the information in the Prezi is, and as thumbnail-like as my comments here are, I’d appreciate any comments or observations that might be useful as I prepare the article – post them as comments on this blog, or send them to my e-mail address .

 

07
Nov 2012
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Mediation in the Mainstream: From Courthouse to Conference Room

 

 

 

 

 

 

 

Tonight at the Creighton Law School I presented “Mediation in the Mainstream,” a talk about the nature of mediation and the array of conflict engagement found coming out of the mainstream.  I’ve posted my notes for the talk (minus the graphics from the Power Point) – to see the basic text of the talk, click here: MediationintheMainstream – Post Copy

18
Oct 2012
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Mediation in the Mainstream

The ABA Dispute Resolution events at the Creighton Law School are taking shape.  The Werner Institute for Negotiation and Dispute Resolution is hosting my talk on “Mediation in the Mainstream” on Wednesday, October 17.  The talk will begin at 4:30 pm, run as long as I have anything to say, and will be followed by a reception until 6:30 pm.  Registration (no cost) is available at Eventbrite.  To reserve a seat, click here:  Mediation in the Mainstream.

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ACR Conference

Next week is the annual Association for Conflict Resolution conference – Julia and I will be involved in a number of events associated with the conference.

I will moderate a panel entitled, “ODR Tools for Bringing Parties Together,” for which several of my NMB colleagues will demonstrate ODR technology that we routinely use to work with parties.

At the Silent Auction, I will be on the block, offering an hour of ODR consulting to the lucky bidder 😉

I’ll be at the Authors’ Corner to flog copies of ODR Theory and Practice.

I’ll be at the Conflict Resolution Quarterly annual editorial board meeting.

And I’ll stand by and be impressed by Julia’s presentation on “Conflict, Space, and Movement.”

08
Sep 2012
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ABA Dispute Resolution Week

The ABA’s Section of Dispute Resolution Mediation Week for 2012 will be from October 14-20, 2012.  The theme for the week this year is “Mediation in the Mainstream:  From the Courthouse to the Conference Room.”

As part of the Mediation Week activities at Creighton University, the Werner Institute (housed in the Creighton School of Law) will host an evening session on Wednesday, October 17, at which I will be the featured speaker.  I haven’t decided how to approach the idea of mainstreamed mediation, but I’ll come up with something, and I’ll post the gist of my comments on this blog on the 17th.

In the meantime, for more information about Mediation Week, go to the ABA Mediation Week web page, and the Werner Institute web page.

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Community Mediation ODR Course

On Monday, July 16, NVMS will offer its first online course – and it’s appropriate that the first online course will be Online Dispute Resolution.  Basically, the NVMS course will be a four week version of the seven week course that I offer through Creighton’s Werner Institute, and a much cut down version of the 40 hour course that I offer through SMU’s Dispute Resolution program.  Many of the comments at the ODR Forum in Prague were wrapped around the assertion that this year seems to be a watershed moment for ODR, in many venues and for many users who in the past have not been involved in the use of technology – the success of the NVMS course (at least in terms of numbers enrolled) may be a further demonstration of ODR’s coming of age.

12
Jul 2012
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