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October 1, 202012 Breakout rooms – challenges and opportunities – then come together to discuss/compareKen Cloke?: Keeping Empathy alive electronicallyJay Folberg?: Need to engage in public spaceMarilyn McKnight?: Need to engage in private spaceKendra Ogunshina?: Need diversity in age, viewpoints, economic inequality?Angelia Tolbert?: No mentoring or clear path/supportJohn Ford and D.G. Mawn?: Resistance to ODR Carrie Menkel-Meadow?: No standardization/certification/acceptance of “expertise determination”. Need for a national credentialing process.Chip Rose?: Moving to shuttle/lawyer-driven mediationD.A. Graham?and John Sturrock : No awareness/acceptance of mediation by publicTim Hicks?: Increased stresses, need for grace and humilityDon Saposnek?: Need for leadership in the field and in country Tara Ollapally?: Resistance to ADROBSTACLES:?Crises are interlocking1. Keeping Empathy alive electronically2. Need to engage in public space3. Need to engage in private space4. Strive for diversity, age, viewpoints, economic inequality5. No mentoring or clear path/support6.?Resistance to ODR 7. No standardization/certification/acceptance of “expertise determination”. Need for a national credentialing process. 8. Moving to shuttle/lawyer-driven mediation9. No awareness/acceptance of mediation by public10. Increased stresses, need for grace and humility11. Need for leadership in the field and in country12. Need structure and standards for ODR13. Be OK with managing, not resolving conflict14. Lack of diversity and critical thinking15. Lack of training standards16. Resistance to ADRKey Takeaways: Get out of our comfort zone and reach out!OPPORTUNITIES:?Crises are interlockingKeeping Empathy alive electronically: How to bring intimacy online? We use intimacy as a way of earning trust. The soul doesn’t like zoom, because parts of you don’t come across. So ask “how are you feeling?” We can use our words to compensate. Carrie’s Challenges:·???????Face-to-face in pandemic issues·???????From no caucus to only caucus models·???????Polarization in U.S.·???????Diversification of the fieldWhat obstacles do people see in the field?Brenda – major client USPS (mediator for 25+ years) –·???????Non-lawyer mediator (though she is a paralegal)·???????Being a minority·???????Getting cases·???????Fitting in·???????Innovation/thinking outside the box to get businessOvercomes her challenges by marketing, networking, doing “what you need to do”Greg Bourne – mediating for 35 years, public policy, non-attorney (not a factor, maybe an advantage in his sector)·???????Mediation being coopted·???????Putting wrong people in positionsLaura Athens – does lots of special ed, title 9, faculty dispute mediations·???????Varying levels of expertise of marketplace competitorsTara Fisher·???????Lack of understanding of the process, what it involves·???????Churning out of mediators without proper apprenticeships·???????Public doesn’t value service·???????Matching supply and demand.Glenn Sigurdson – worked in mediation since 1980s/recovered trial lawyer·???????Moving from consultation to collaborative process·???????Have not moved very far with certain governmental bodies, perhaps have moved backwardsHilary Bendon – workplace (not employment) mediation, deals with conflict before it gets to the legal realm·???????Awareness of availability·???????HR thinking they already do what mediators do (vs. what mediators actually bring)Chanty Queasads – community mediation and law enforcement·???????Lack of focus on topic at hand, but feelings in general towards law enforcement·???????Getting people to buy in to process, then uphold meetings.Crystal Thorpe·???????Awareness of mediation·???????Lack of understanding·???????Technological challenges for particular populations (as in elder mediations)·???????Funding (mediation can be expensive), can health-related / EAP be funded by health insurancePetula Harden-Brown – school administrator and new mediator·???????Break into the business, receiving mentoring·???????How can newbies observe mediations?·???????Internal/External, personal/systemic, racial crises, polarization, climate change, interlocking political/social issues, keeping intimacy and empathy alive in online spaces·???????Engaging in the public square·???????Resistance from lawyers and judges to commercial/civil mediation·???????Disconnect in the academy/elsewhere of mediations as “alternative” and not serious area of study·???????Age diversity, welcoming in next generation of mediatorsKen Cloke’s breakout roomWe are facing a variety of obstacles in mediation, these are internal and external. Obstacles inside of us and around us; personal and systemic; short term and long term; tactical, strategic; global, local; incremental, transformational. Series of obstacles within the field. Polarization within the US, and around the world. Racial crisis relating to blackness, also issues relating to gender and homophobia, anti-Semitism. Economic and health-care crises. Questions of the viability of democracy. Global ecological and environmental crises sparked by species extinctions and involving environmental degradations. Each of these makes the others more difficult.?Political crisis we are facing extends to mediation. If we operate with racial exclusion, this will affect our ability to work with diverse groups to create equality and power balancing within conflict resolution.Personal difficulties in working online. Trying to keep intimacy and empathy alive electronically.? Difficult scheduling back to back meetings on Zoom.Prabha, when we think of these challenges in relation to the field of mediation, one of the threats is the diminishing public space with the decline of democracy globally. Where is the space for mediators to do their work. Two weeks ago, a mediator in the Ukraine was kidnapped for doing her work. Freedom of speech is being limited, affecting not just journalists but also mediators.Alex, all these obstacles also afford us a great opportunity. Can we have new frames of thinking in our field?Allessandro, in Europe and in Italy, other obstacles in civil and commercial mediation. One of the first obstacles is the continuance reluctance of lawyers to use mediation. Lawyers fight against mediation because of a perception that they will lose power. Judges have a similar perception. Now trying to convince lawyers that mediation is worthwhile for a series of things. Secondly, little knowledge of mediation by users. Not allowed by the government to advertise. Thirdly, legislators do not have knowledge of the mediation process. In Italy, must go to mediation for some kinds of matters (e.g. condomimium), but parties are allowed to opt out. So mediators risk everyday to work for nothing. In Europe, the issues are similar.?Michelle. Court wants settlement agreements, not understanding that it takes time, there is a process. Getting push-back. Mandatory through the initial convening, but then parties can opt out. Difficult to coordinate with the court and to get on the same page and have the same goals.?Amanda, In practice, how is the word mediator used. People have different training about what it means, and what does it mean to the end-users? Dichotomy – is the training across the board the same, is the understanding of what a mediator is and needs to do the same?Prabha. The silence of lawyer/mediators when mediation is being increasingly co-opted by regulatory bodies that insist on mediation only being conducted by lawyers. Globally this is a challenge. As if being licensed as a barrister is a prerequisite to being a mediator.?Michelle L. Disconnect in the academy, and still mediation and mediation research are seen as “alternative” and not fully legitimate. New scholars are not permitted to do mediation research alone, but need to research in other “more legitimate” areas to get promoted.Clare. Hard in the beginning, and there are people who want to come into the field and find it difficult, too hard. And then they bail out. Others are doing very well, but it is hard to get established in mediation for some.Michael. Conversation around diversity is essential. One piece is overlooked and that is age-diversity in the field. Welcoming and accepting a new generation of young mediators is essential for passing the torch. What is the plan for preparing the next generation? Starts in our institutions.?Need to engage in public space: What does that mean? To bring the lessons and value of mediation to the public. Creating awareness in order to engage with our communities. Grassroots education. Educating on basic conflict resolution skills. Importing other skills outside of mediation. Org trauma, for example, tied with conflict resolution. Look for groups that don’t have processes in place and suggest mediation. Room 2·???????Challenges in our locales and our particular spheres of influence/activity/work·???????Common themes: acceptability has increased, but still there, but there’s still resistance to going all-in with mediation, resistance within mediation because some still want to litigate (as the “real thing” vs. the “alternative”)·???????In several spheres, ombuds, community mediation, etc. etc., not full resources to properly implement users across the spectrum, inadequate resources, funding concerns, inequality in general·???????Lack of resources / resistance – 2 general themes·???????In international arena: resources & resistance/human psychological fear of compromiseNeed to engage in private space: This could be any mediation, tribes, courts, etc. The luxury that we have by taking time. These disputes are so different in different areas, and have a growthset. Meet people where they are and with what they need. Not necessarily what we are comfortable with. Being willing to change hats, and be what clients need in that moment. ·???????Credentialing of professional mediators·???????Gateway for people to become mediators·???????Access to better mentoring, better pathway·???????Leadership roles for people of color in mediation’s organization·???????Cultural shift from legal structures to mediation (not a sub-specialty of the law, a very separate way of resolving conflict)·???????There’s training, but no work; still operate in the shadow of the law·???????We exist under the power and control of other entitiesStrive for diversity, age, viewpoints, economic inequality: Action. Start doing something. Create a punchlist. What localize, collaborative group can come to the table. Be collaborative and go to where people normally don’t go. ·???????Technology·???????Diversity·???????Generational·???????Higher education –·???????Keeping empathy and socialization alive·???????Volunteer mediators never making the leap to paid mediators·???????Needing collaboration and holistic approach to mediation vs. only from the perspective of the law (esp in divorce and family cases)No mentoring or clear path/support: Need for education. What are we willing to do to advance the field going forward? Observing mediations. All of us as practitioners having a responsibility to mentoring. Educating end users about the field. ·???????Training young mediators·???????Developing relationships in law enforcement·???????Institutionalization of mediation, protecting the core of mediation (engaging people/self-determination, protecting these things)·???????End users resistant to benefits of mediation·???????Enhancing the diversity of field and engaging/training mediators of color·???????Standardization of “what is an expert” and “what does that look like?” training? Skill? Niche expertise?Resistance to ODR: recognizing that we need to have the skills! Important to get the training first so they are confident. Our attitude and comfort translates to the client. Get the right people into the room—easier when it is online. Show clients the opportunities that we have. Be willing to adapt. Don’t apologize, but get your clients curious. Use different modalities—ie cartoons. Find out what clients need to be comfortable. ·???????Being aware of culture-specific negotiation styles·???????Participants thinking they own the process, but they own the content and mediators own the process·???????Mediations resulting in shuttle negotiation (caucusing and attorney conversation only)·???????Client base resistant to moving online·???????Appropriate technology for one’s clientele·???????Concern that joint sessions were going awayFrom DG Mawn to Everyone: (10:13 AM)?conflict revolution, requires us now to explore values?From Brian B. Egan to Everyone: (10:15 AM)?Culture-specific negotiation styles, information needs etc. that a mediator may not be aware of.? These go far beyond the explorations in typical implicit bias training.? Having a co-mediator knowledgable in those techniques is a real boon.?From John Ford to Everyone: (10:21 AM)?It has allowed participants to?distort the process through an over adherence to the idea the participants "own the process". The participants may choose to participate in mediation, but the process belongs to the mediators. Of course, the substantive decision (to agree or not, and what to agree upon) rests with the participants through the core value of self determination.?From Mark Appel to Everyone: (10:24 AM)?interesting discussion regarding?sole use of the caucus?at the behest of one of the parties.? I suppose there is something to be said for digging a bit deeper as to the why??From Georgia Daniels to Everyone: (10:26 AM)?My challenge is?bringing my divorce mediation practice online exclusively.? New clients want to meet with their potential mediator in person - and my office cannot open yet - per health code/pandemic.?From Elizabeth Kent to Everyone: (10:28 AM)?We need to?increase diversity in our field.? It does not match the demographic of those we serve and we are not meeting their needs.?From Stuart Hanson?(UK)? to Everyone: (10:29 AM)?Educating the public (his is court-required)?of what mediation is and how they can benefit from the process. Definitely a challenge.??Use of What’sApp Video.?From?Steven?Reisberg to Everyone: (10:30 AM)?My focus is?commercial mediation in NYC.? I regret the loss of joint sessions.? While mediator training addresses? the benefits of joint sessions, my experience here in New York City is the substantive joint session is rarely used, and has been replaced by “shuttle diplomacy.”? This has substantially reduced the power and potential of mediation.? In particular, this style of mediation I have found to be completely ineffective in helping the parties obtain an early resolution of the dispute.No standardization/certification/acceptance of “expertise determination”. Need for a national credentialing process: Needs to be a state-wide certification, not nat’l. How about legal insurance cover mediation? Have the risk assessment cover conflict resolution. Need for national organizations and discussions. Mediation 2020 ConferenceReport of Breakout Group # 7Carrie Menkel-Meadow, facilitatorShuttle diplomacy only becoming a problemGeneral public has “no idea” what we do or what we offer, public educationModels for training, mentoring, pathways into the field / Arbitration has an apprenticeship/certification pathwayFunding/resourcesNo Standardization or CertificationDiversification of fieldUse of primarily shuttle-caucus only forms of mediation, not joint sessionsLoss of P2P in time of COVIDPolitical polarization affecting everyday conflictsChallenges for non-lawyer mediators- lawyers protecting revenue streamsHow to network/market for casesSome doing great innovation online—1/2 sessions, drawing business away from othersOrganizational/public policy mediation hoping for more internal institutionalization by nowToo many other non-experts doing work inside organizations, e.g. HR, PR, communications peopleVarying levels of expertise in some fields, e.g. special edPublic ignorance about mediation as a process and what it offersNeed for earlier mediation education—kids, peer mediation in schools,Putting truly collaborative processes together for decision making in corporations and governmentDeveloping unusual partnerships with others to get things doneInterventions before things get “legal”, e.g. workplace mediation before grievances, lawsuits,? HR doesn’t know what CR doesGetting buy-in, e.g. law enforcement, civilian-police relations—systemic issues vs. individual conflicts and disputes (e.g. particular police officers)Funding and resources!!—why not health insurance paying benefits for CR (like telemedicine)Tech and DR complicated—some elders use a lot; others can’tDifferential uptake of online in different areas—e.g. more readily accepted in commercial and litigation—less so in family and divorceNeed for more systematic mentoring—how to break in to the field?Moving to shuttle/lawyer-driven mediation: role of mediator is to help clients make an offer without the sting. Delivering the offer with sugar. Discuss with clients what style works best for them. ·???????Lawyer v. non-lawyer difficulties·???????Difficulties in individuals to promote themselves and their services (each person left to their own devices to build their practices) – no national-level marketing of field·???????Co-optation by legal field·???????Lack of certification·???????European cultures (born w/rights) v indigenous cultures (born w/responsibilities)No awareness/acceptance of mediation by public: More intentional in our marketing practices. Finding ways to focus our energies toward understanding resources. Find out what people know about us. Use a survey. Updating mediation education resources. Go into schools and update peer mediation programs. Create more videos!·???????National credentialing process to promote professionalization of the field·???????Breadth of mediation, silos·???????Public perception of field·???????“Yelping” of mediators (how do you know your mediator is good at what they do?)Increased stresses, need for grace and humility: Opportunity for us as mediators to deepen our understanding of what it means to be a human being. Need to demonstrate values. Take time to deepen who we are. Reach out to new mediators and mentor them—talk to them, bring them into online mediations, find out how they are doing. ·???????Human nature and our tendencies / responses to conflict / perceptual biases / how we account for these things / getting proper understanding of all of the above·???????Increased social/cultural stresses from such things greater diversity, climate change, modeling of leadership, inequality, social media/online lives (reduction to better social collaboration)·???????Lack of diversity amongst mediator, mediators tending to come from outside communities·???????Narcissistic indulgence of mediators – do we charge too much? Do we think we know too much?·???????Barriers of entry to field?·???????Over-regulation of mediation models and possible dilution of privacy. Issue of ethical standards and integrity of fieldObstacles:human nature; by this I mean how we tend to respond to differences and disagreements; desires for control and power; perceptual biases; the need to be right; the deep connection between what we believe and believe we know and our identity; ingroup/outgroup behaviorsthe?historical?challenge of unity and collaborative decision makinggrowing social stresses in diverse, non-homogeneous society, and stresses from climate change; and stresses from economic system; and our tendencies in responding to high stress situations and experience of threatThe behaviors in DC and the White House; lack of inspiring leadershipthe impacts of social media; cf The Social Dilemmacovid?internet access in marginalized communitiesmismatch lack of diversity in mediation field and the communities we’re working in; and mediation coming from outside their communitynormalization of polarizationcomplexity of the conflictsover-regulation of mediation models; dilution of confidentiality protections;?shifting of court responsibilities to ADR?narcisstic self-indulgence of mediators, that we know more than we do, that we charge more than we should; need to have more humility; provocation provocative; our own subject to human nature problemshow to be ethical in our practice; to have some standards;fear and stresses, highlighting those keeping people in those spacestoo much emphasis and focus on the old ways and not enough on the new ways, the old world?stuck on old concepts in the field, styles of practice, old ideas;?courts throwing too many disputes into ADRunrealisitic BATNA’sZoom limitationschallenges of entry into the fieldproblems of the legal systems generally and the litigation system problems; entrenched interests that some of which are not legitimate;Need for leadership in the field and in country: Leading from behind. Instead of waiting for leaders from above, have mediators view themselves as teachers. Don’t tell people what to do, but encourage them socratically. Generate more political parties! Bringing in more voices helps to prevent polarization. Invest in youth so they can lead collaboratively. More mentorships. Mediators need to reach out to youth and teach them these principles. Find the influencers in any community. Be OK with being a manipulator! Publish data about mediation. ·???????Political climate filtering down to personal disputes, clients arriving more contentious and angry·???????69% of conflicts perpetual – should we change from conflict resolution to conflict management? Is it human nature to just keep conflict going?·???????Lack of diversity·???????Lack of curiosity and critical thinking among new college graduates·???????Challenging to train young mediators who aren’t thinking broadly, sophisticatedly enough. Problem-solving focused, less able to address larger holistic/systemic·???????Smart phones, laptops, internet connections – missing in some environments·???????Lack of online structure for mediations·???????Not just about facilitative communication, important of apologies, restorative justice options.·???????All disputes as domain of law makes mediation seem the weaker option·???????Act of mediation should not be secret/confidential even if the content is·???????Lack of local training networks (vs. regional or national?)Need structure and standards for ODRBe OK with managing, not resolving conflictLack of diversity and critical thinkingLack of training standardsResistance to ADR: Opportunities that lie in combining processes (eg med-arb). Including those clauses in commercial contracts. Opportunities in lawyer, judges, parties, etc. working together to identify cases for mediation and collaborating together. ·???????Building tools for mediators to be effective online·???????Changing fallback for disputes from “Do you know a good lawyer?” to “Do you know a good mediator?OPPORTUNITIESBreakout – OpportunitiesThemes assigned to each group.Group – OpportunitiesTasked w/coming up with a couple specific itemsRoom 1Theme: How do we keep empathy and intimacy alive in new online world?·???????How to touch someone when they’re not present in the room? How to develop trust?·???????Importance of staying more engaged when online.·???????Continue to use body language, tone of voice.·???????Being with a personal check-in. How are you feeling? Create an environment with language. Use our words to compensate.·???????Translate one’s virtual space to be welcoming? (warm, inviting). Create background that reflects self·???????Positive mediator mindspace begins with intention, being mindful, not fearful·???????Online mediation may be more intimate and personal than in person (could be because we are being invited into someone’s home, we see their “sacred” space, we hear their kids voices, etc. …we are more viscerally witnessing the family dynamic).Room 2Theme: Need to engage in public spaces·???????Creating awareness in order to engage with communities·???????Advertising, grassroots education, YouTube, basic conflict resolution skills, teaching community leaders·???????Importing other skills…tie mediation to other disciplines, such as mediation & organizational trauma, mediation & constellation work, project planning, housing issues·???????Finding niches without good outlets for people to practice conflict resolution·???????Being less individualistic as mediators and collaborating together to promote awareness and services·???????Making the case at the state level – indicators that organizational state involvement and funding has furthered ADR in those placesRoom 3Theme: Need to engage in private spaces·???????What do people need? Growth mindset. Shift gears. Employ range of tools.·???????Mediation should be a customize process, should move beyond models. Who’s in the room? It’s a private process for everyone.·???????Get out of our comfort zone. Meet people where they are with what they need.Room 4Theme: Diversifying field·???????Action. Start doing something.·???????Creating a “punch list”·???????Collaborative group to address·???????Go places people normally don’t go·???????Have stakeholders promote ADR·???????Recognizing our privilege when we go into new areasRoom 5Theme: Lack of mentoring, clear career pathway for new mediators·???????What are we willing to do to advance the field going forward·???????Engaging young people as end users and as mediators·???????How can we foster their passion and nurture their development·???????Mediation observations, co-observations, allow people to learn side-by-side·???????Personal and professional responsibility/commitment to mentor, doing in way that is practical·???????Be willing to sit down with new mediators (can learn from their perspective and their engagement with the basics)·???????Practicalities of bringing new people into a field that’s not properly funded·???????All have to be advocates for field and the funding of the field and its utilization5: No mentoring or clear path/ 20/20 ConferenceThursday, October 1, 2020Panelist Angelia Tolbert?Breakout Room 5Participants from Maine, Maui, New Jersey, Arkansas and San FranciscoChallenges:ADR Technology challenges due to COVID-19Future mediatorsCommunity mediation centers closed down due to COVID, now increased use of attorney-mediatorsPolice Mediation:? developing a relationship with law enforcement in current climateCommunity mediation training young people…all training now on Zoom and young students focusedEEO Mediation/Air Force:? management coming to mediation table merely to attend without commitment/willingness to settleTraining mediators of color:? free training offered, but unable to locate mediators of color, need to promote access and opportunity for mediators of color/end usersYoung mediators need mentoringProtecting the future of the field – new mediatorsEnd users with Flight, Flight or Freeze?Institutionalization of mediation – the core of mediation, how do we sell the field to end usersGetting people to overcome resistance to dealing with their disputesStandardization of “What is an expert in this field?”?Mentoring/No Clear Path Forward Break OutOpportunities:Need to separate “Standardization of the Profession/Competency” from MentoringMentoring interns, onboarding processes to learn reason for getting into to field; online survey; interviews of 30 to 45 minutesAcknowledge there is no incentive to mentor when there is little work in your mediation market…work to create the mediation market by addressing identified needsNeed to develop more pathways to mentorship**Get into schools/youth programs and teach mediation to young people**Normalize the use of mediation through public education?**Practitioners need to make a personal and professional commitment to mentor new mediators**Use co-mediation as a mentoring tool**Acknowledge a reduction in mediation funding…normalize the use and payment for mediation services?Room 6Theme: Resistance to ODR·???????Need skills to mediate online·???????Importance of our attitudes towards online mediation in bringing others along·???????Much may be superior to ODR, esp. ability to get the right people into the room·???????Marketing, perennial challenge to mediation (first mediation itself, second ODR)·???????Value of cartoons; piggybacking on other environments (courts, etc.)·???????Beyond education public, be prepared to addressing concerns (esp. confidentiality)·???????Marketing should arrive in terms and means understandable, desirable to end users, consumers.6: Resistance to ODRGillian shared how she had been resistant to the idea of ODR but as a family mediator had joined wevorce some 10 years ago. Although she is no longer with them, they introduced her to Zoom and the reality of online mediation such that she was ready to pivot when covid-19 arrived.As a result she has been very busy and believes that we need to be open minded, to recognize it’s not the same, but that this is the future.Brian also reported being busy and that despite some resistance to mediating online has been able to address concerns and explain the advantages to his clients satisfaction. To realize the opportunity ODR presents we need to educate the public in general, our potential clients in particular and as mentioned, be ready to address individual objections.Stuart (from the UK who does online divorce mediation through a captive court program) pointed out that it is very hard to get people to buy into the process of mediation without participants knowing the process. They use cartoons to educate and have had great success.Also, in the first session, he pointed out that while Zoom was resisted using What’s app was embraced due to its familiarity.Elizabeth from Hawaii who had been a state wide program director engaged a PR firm who pointed out how they were communicating with potential clients was wrong. What was being emphasized was what was important to mediators, not our end users.They encouraged focusing on what was important to them: success, satisfaction and a solution.Steve from NY pointed to ODR features that made it superior, in particular the ease with which one could bring the right people in the room at the right time without travel. Often in commercial disputes the decision makers are not in the room.?Cat’s challenge was how to address confidentiality concerns. She had done a family mediation where unbeknown to her the new girlfriend was in the room while the husband mediated with his ex wife. A formal complaint was filed.One mechanism to prove no-one else is in the room was to require participants to turn the video 360 degrees. Another is to amend the agreement to mediate and to make sure an up front conversation is had to clarify expectations.Nadine from SA also emphasized the importance of contracting up front.She added that to the extent that the courts are going online, the field of mediation can piggy back off that and use it as a segue to ODR.Ethan pointed out that no-one can guarantee confidentiality as in the past. Beyond the humans there are many systems that are gathering information. We need to be careful and he noted that this as a cost or negative.Georgia shared in the first session how she was struggling to get her clients to mediate online and was taking the training with . Unlike Gillian she was not ready to pivot.She spoke about tweaking her agreement to mediate to address confidentiality concerns up front as a way of building trust.Marc has been doing lots of online work and hasn’t encountered confidentiality challenges. He suggested that we are all going up a learning curve.SummaryThe opportunity of ODR depends on us having the prerequisite skills and a positive attitude.Those that did (have skills and attitude) have harnessed the corona blessing in disguise and those that are only know looking to upskill now and are complaining it isn’t the same, haven’t.Expecting it to be the same is not helpful. It is different. We have to adapt.Marketing mediation remains important. There is now a secondary buy in challenge, namely online mediation.We need to stay open to the positive benefits and emphasize ways in which ODR is superior.Confidentiality requires the we adapt and find creative solutions in this new environment.360 video shots (at random times), amendment of ATMs and also explicit upfront conversations are the way to go.ODR has been a boon for many.Room 7·???????Can our field be compensated by insurance programs?Theme: National certification·???????Many not in favor, certification in U.S. would be by state·???????SPIDR was effort to create a culture of mediation, many lament its demise·???????What is purpose of credentials? Visibility? Exclusion? Policing? If we have certification, we need de-certification, what is the structure for that? Are there ways to address fundamental reasons behind the concerns of credentialing?·???????There are quality control problems, but bigger problem is that most of public has not internalized ideas about resolving conflict in a spectrum of ways.·???????Focus forward, public education, fund the fieldRoom 7 theme: Idea/opportunities/creative brainstorming re: national credentialing and expertise certification·???????Lots of countries are certifying/have standards, hard to imagine national in U.S. as everything credential-wise is handled by state licensure. If happens, will be by state.·???????How to certify in light of inability to agree on what mediation is? How to certify given so many different practice areas? Issues of lawyer/non-lawyer? It’s not lawyer skills that make one a good mediator.·???????Reliance on volunteer mediators can tend to devalue the service of/field of mediation.·???????More than 40 hours training needed.·???????Credentialing cannot be based on legal-mediation. We need to expand mediation skills and reach well beyond legal world.·???????Let a specific body certify mediators and let that help spread the concept…allows certification to those who want it. Opt-in certification.·???????Niche-specific certifications·???????Mine the past, resurrect best practices, codes of conduct, ethical standards from historical work·???????Problem w/certification is that you need to be able to de-certify, discipline etc. / who would be excluded? An infrastructure would be needed for such task.·???????Why are having this conversation? To improve practice of mediation? To increase visibility? What else? Address why we’re having this conversation and then address those things (this might not be about credentialing in the end).OPPURTUNITIES- Breakout? topic—national credentialing and standardsSome resistance to topic—wanted more creative topicCMM-reviews history of Honeyman project on Tests for mediator—written tests and simulation; ratings for training programs- e.g. federal courts in US, International Mediation Institute in Europe (with cultural competency credentialing); in US all licensing done at state, not national level (cf.? Financial advisors)How define what we are credentialing—what is “mediation”?Requires preparation—socialization—uniform standards? Teachers, nurses, doctors, lawyers, accountants—what profession controls?Academic subjects,EthicsSkills and practicumsPeer assessmentRatings? Customers, users?Experience (like pilots—hours in the “seat”) vs. settlement rateWhat looking for-- quality?If credential and admit, must also decertify and discipline and exclude for bad workNeed to “mine history” here—huge amount of prior work, SPIDR, ACR, Margaret Shaw, Qualifications study, ABA DR section studies, CPR (CMM Chair of Commission on ethics and standards, both individuals and provider organizations)SPIDR more successful at fostering a “national” culture of DR across fieldsNon-legal mediation?Could have national membership certification (e.g. like coaching industry has, 2 organizations with different missions)- Marilyn McKnight efforts to credential Family MediatorsCodes of Conduct-Ethics,? Ombuds, ACR-ABA-AAA mediator standardsNow—reputation, referral, market, buyer bewareRatings- YELP for mediatorsConsider underlying reasons for national or other credentialing—what is purpose?More visibility for fieldPublic education/trustQuality “control”—what does that mean?Preparation and socialization to field-core values’De-certification and disciplineHistory—what has been done before here… SPIDR, CPR, ACR, other?Future- what do to encourage youth to enter fieldCreating a professional culture together-meetings, problem solving-access to fieldFunding? CR insurance for mediator payment, like health insurance, legal insurance?State initiatives—see MACRO in Maryland, and also some local (courts, NYC—now “presumptive ADR in the courts”)International and other country initiatives, ? ,? Italy, Belgium, Netherlands, Israel—newer national legislation and standards, some state-run, some private, codification or not?Room 8Theme: Challenge of field moving more towards shuttle diplomacy and lawyer mediations·???????Online technology may help offset this, bring people into same virtual room·???????Help clients make offers without the sting, helping deliver offers with sugar·???????What is it that clients want? What works for them? Select for situation, culture?·???????How do we know clients are making informed consent?Room 9Theme: Lack of awareness of mediation and ADR by public·???????More intentional in our marketing practices·???????Finding ways to focus our energies towards understanding resources·???????Conducting focus groups, regional or local market research, employing survey organization·???????Updating mediating educational resources·???????Chapter in business law book about mediation·???????Creative marketing campaigns·???????Consumer education from a very early age elementary/middle/high school…teaching life skills, empathy, listening, etc.·???????Video education to reach/target different demographicsRoom 10·???????Opportunities as practitioners/teachers for personal development, reflective practice, work on ourselves, grow/deepen who we are so it comes across in our work.·???????Educate children and general public. Pass along principles, values, conceptual understandings that underlie our work·???????Opportunity to use truth and reconciliation-style committees/restorative justice approaches to some of the social divides and injuries·???????Opportunity to keep some pro bono work in the mix, to mentor also·???????If people have a fundamental desire to find solutions to the problems they face, then we do have more opportunities to bring more people to mediation.·???????Become our values, become peace, become curiosity.education of childreneducation of the general publicinvolvement in public dialogue, in public decision-making,?restorative justice sector of practiceour promise and our aspirations need to continue to be strong in the face of the countering forcesDo we actually have the opportunity to shift the culture, the society, the way we be together, to change the initial conditions or the founding principles of our relations, or can we only put out local fires? what is a realisitic aspiration, recognizing also Pope's dictum that our reach should exceed our grasp; we are an optimistic practice, after all.?Mentoring new students and entrantskind, gracious, and humble demonstrate that in our work; deepen our appreciation and understanding of what it means to be human and in relationship; opportunity for personal development and to demonstrate the deep values and the leadership we want to see and promote; our work on ourselves; reflective practice; reflective life; maximize connection with parties; maximize our skills at helping people not deny the humanity of the otherseducation of childreneducation of the general publicmore complete education and continuing education of mediators; including more on cultural awareness;?truth and reconciliation commission model and processes; restorative justice;?probono projects; do some of that along side our paid workMentoring new students and entrantsto bring more people to tables; people have fundamental desire to find solutions and will most often if given the right setting, context, and supportRoom 11·???????New leadership models, leading from behind (rather than waiting for leadership to come from above)·???????Mediators as teachers, encouraging of other, brings more innovation and buy-in·???????Unlock polarization by adding players, increasing nuance·???????Invest in youth, mentorships, internships, introduce mediation early, change climate in law schools·???????Mediators to collaborate more actively with influencers, don’t hesitate to use mediators’ manipulation, strategic skills to spread the word/PR·???????Publish/publicize the statistics of efficacy of mediationRoom 12Theme: How to break resistance to ADR·???????Opportunity in standardization of training, can bring in lawyers and nonlawyers together·???????Expanding mediation beyond legal profession to include other professions and cultures·???????Opportunities in combining processes – e.g., mediation w/arbitrationTAKEAWAY: Reach out!Courts, government, other careers/skill set, mentor new mediators, diverse viewpoints, less privileged/less access to online resolution resources, educate new fields. Be the leader! ................
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