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& The UW-Madison Office of Human Resource Development
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Emerging Issues in Dispute Resolution
April
22 & 23, 2009
Featured Speaker
Michelle LeBaron
Michelle LeBaron is a member of the Faculty of Law at the University of British Columbia and Director of UBC's Dispute Resolution Progam. Professor LeBaron has lectured and consulted around the world on cross-cultural conflict resolution and has practiced as a family law and commercial mediator.
Professor LeBaron will present a three hour institute on cultural conflicts on Wednesday, April 22 and deliver a keynote address about leadership in changing times and a workshop on intuition and conflict resolution on Thursday, April 23.Here is our schedule:
Wednesday, April 22, 2009
Institutes 1:00 - 4:00 p.m.
1. Bridging Cultural Conflicts:
Imagining a Culturally Fluent Future
Michelle LeBaron, Director, University of British Columbia Dispute Resolution Program, Vancouver
Understanding the diverse cultural starting points and being able to translate them for disputants is a critical core competency for dispute resolution practitioners. Professor LeBaron will discuss how cultural fluency can help address the shifting dynamics of power in intercultural conflict and how to prevent the escalation of destructive and negative patterns.
2. Improving the Negotiation Skills of People in Mediation: Teaching at the Table
Moira Kelly, President,
Kelly Consulting, LLC, New Berlin, WI
Christine Harris Taylor, Assistant Director,
Center for Dispute Resolution Education,
Marquette Univeristy, Milwaukee, WI
The skilled mediator facilitates the negotiation process between the disputing parties. But what happens if the parties don’t know how to negotiate? How can the mediator assist the parties so that they can bargain more effectively with each other? How does the experienced mediator help the parties move from options to solutions in either the interest-based or distributive negotiation process? This session will explore how the mediator can improve the negotiating skills of those who are at the table so that the outcomes of the mediation process can be improved.
3. Breaking Impasse: Using The Multiple Dimensions Of Conflict To Reach Resolution
Julie Bretz, Esq. Supervisory ADR Attorney,
US Equal Employment Opportunity Commission, Milwaukee
Daniel LaRocque, Esq. Mediator, Madison, WI
Allen Lawent, Esq. Equal Rights Division Hearing and Mediation Section, Milwaukee
Impasse occurs frequently – and for a variety of different reasons – in all stages of mediation. Through exercises, fish bowl demonstrations and participant role plays, workshop participants will learn to identify the cause of impasse and how to use a variety of skills to keep the parties talking. Using a live demonstration of a sexual harassment case, this workshop will explore how mediators can remove the barriers to resolution caused by strong emotion, power imbalances, unrealistic expectations, factual disagreements, lack of acceptable options, hidden interests and other factors.
4. How Lawyers, Parties and Mediators Can Benefit From Cooperative Negotiation Techniques
John Lande, JD, Director, LL.M Program in Dispute Resolution, University of Missouri School of Law, Columbia, MO
Mark Frankel, JD, Frankel ADR, Middleton, WI
Julie A. O’Halloran, JD, Gagne & OHalloran, LLC, Past Chair, Divorce Cooperative Institute, Inc. Milwaukee, WI
Linda Roberson, JD, Balisle & Roberson, SC, Madison, WI
In the Cooperative Negotiation Process, the parties and the lawyers reach an agreement about how to structure the negotiation process including responses to requests for information, disclosure of relevant information, use of outside experts and negotiation behaviors. The presenters will both describe and demonstrate how to initiate and conduct a Cooperative case and will provide forms that can be used and adapted to specific cases. This institute is based, in part, on the work of the Divorce Cooperative Institute, though the techniques can be applied in any type of case.4:15 - 5:30 p.m. Reception and Cash Bar
Thursday, April 23, 2009
Plenary Session 8:30 - 10:00 a.m.
Painting New Pictures:
Artful Leadership in Changing Times
Michelle LeBaron, Director, University of British Columbia Dispute Resolution Program
Responder panel:
Narciso Aleman, Ph.D, JD, Adjunct Professor, Marquette Graduate Program in Dispute Resolution, Special Counsel, Esperanza Unida, Milwaukee, WI
Marilyn McKnight, MA, Past President, Association for Conflict Resolution, Erickson Mediation Institute, Bloomington, MN
Nina Meierding, MA, JD, Adjunct Professor, Pepperdine University School of Law, Bainbridge Island, WA
“The times they are a changing” or is it “same old, same old”? With the campaign and election behind us, how can we move forward in times of great social stress and division when leadership styles and approaches are so competitive? How can leaders respond to change and begin to collaborate when competition pits people against each other and common ground is so elusive? What key capacities are essential to artful leadership in public and private life? This plenary session couldn’t be more timely and more on point with the principles of our chosen field of work. Don’t miss Professor LeBaron’s comments and those of our responder panelists.10:00 - 10:30 a.m. Break
Thursday, April 23, 2009
Workshops 10:30 a.m. - Noon1. The Theory and Practice of
Empowerment and Recognition
Maria Stalzer Wyant Cuzzo, PhD, JD, Professor of Legal Studies and ADR, University of Wisconsin-Superior, Superior, WI
Steve Sovern, JD, Sovern Mediation Resolution Center, Cedar Rapids, IA
Sue Bronson, MS, Past Chair, Family Section, Association for Conflict Resolution, Milwaukee
This workshop will explore the theory and practice of empowerment and recognition in the mediation process. The three practicing transformative mediators will share how to identify empowerment and recognition moments in a mediation, why those moments are so significant to parties and the process, and what the challenges/opportunities are to refine one’s skill set to identify empowerment and recognition moments with parties. They will also discuss the real world challenges to practicing empowerment and recognition in the field.
2. Mediating Post Adoption Contact
Agreements in Child Welfare Cases:
The New Mexico Experience
Susan Malone, LPCC, Children’s Court Mediation Program, Albuquerque, NM
Teresa Berry, MA, Statewide Coordinator, Children’s Court Mediation Program, Albuquerque, NM
Since 2000, the New Mexico Administrative Office of the Courts has collaborated with the Children, Youth and Families Department to mediate over 3,000 dependency cases throughout the state. This workshop will provide an overview of the Children’s Court Mediation Program and the policies, procedures and best practices for mediating post adoption contact agreements (PACAs) between birth and prospective adoptive parents. The presenters will use exercises, activities and discussion to describe the 3-Step PACA mediation process, review the elements of a comprehensive agreement, provide strategies for maximizing participation in mediation, and techniques for working effectively with high emotions related to open adoption mediation.
3. Using the Ladder of Inference for
Effective Conflict Management
Nancy Burrell, Professor, Department of Communication, University of Wisconsin-Milwaukee.
Evelyn Ang, Assistant Professor, Department of Communication, University of Wisconsin-Milwaukee.
“Belief drives purpose, purpose drives practice.” Oh! If it were so simple! Mediators use communication tools such as paraphrasing and reframing. The Ladder of Inference is a model of how human beings create individualized meaning, with influences from history, culture, and environment. The model also shows how alternate meanings and perspectives might be considered despite the rigidity that conflict brings. It is a useful organizing tool to assist disputing parties to engage in productive conflict management. This workshop will motivate participants to peel away those layers of conflict using the Ladder of Inference.
4. Workplace Peer Mediation:
A Useful Tool for Managing Conflict
Marsha McKinnie Davis, Founder, iMpact Human Resources Consulting, Madison
Recent studies indicate that unresolved workplace conflict reduces productivity by up to 30%. Miscommunication, value differences, cultural/ethnic differences and work style clashes are typical sources of workplace conflict. Training every leader and employee in conflict management skills would be cost prohibitive. One approach is to establish a Peer Mediation Program that equips a carefully selected cadre of staff with mediation skills who can then be deployed throughout the organization. Providing peer resources to employees to help them sort conflicts out for themselves can only improve productivity, employee satisfaction and employee engagement.
5. Considerations for Dispute Resolution
I n a Multi-cultural Environment
Dave Baskerville, MBA, Baskerville International, Ltd. Madison
Session participants will be asked to imagine they are USA business executives/managers who are being assigned to Japan to both lead a Japanese organization and deal with Japanese customers. Emphasis will be on communications between the American and Japanese and the necessary openness, sensitivity and self-identity. Numerous examples of potential misunderstandings will be offered. A video of a first meeting will be shown. This will be supplemented with examples from the presenter’s experiences with Turkish and Russian environments.Noon - 1:15 p.m. Awards Luncheon
Thursday, April 23, 2009
Workshops 1:30 p.m. - 3:00 p.m.
6. The Disputants' Narratives Often
Tell the Tale in Dispute Resolution
Patricia "Trisch" Bass, CEO, Comprehensive Communications Systems, Madison
In any conflict, especially those involving allegations of discrimination, there is a minimum of three stories that need to be told. The complainant has a story, management has a story, and then there is the story that both parties build together. Each story is filled with “words” that are built on different meanings based on culture and life experiences. Supporting both the storyteller’s and the recipient’s ability to hear the story is a critical role and calls for unique skills.
7. Conflict Management Skills
As Leadership Competency
Harry Webne-Behrman, Training Officer, University of Wisconsin-Madison, Office of Human Resource Development, Madison
This workshop highlights a successful professional development program for staff at the University of Wisconsin-Madison. This program infuses conflict management skills into the workplace culture, by teaching conflict resolution, facilitation, and mediation skills and integrating them into a broader leadership development curriculum. The program serves to build bridges and support for student leadership efforts and enhances opportunities for peer mediation.
8. Addressing Difficult Behaviors and
Personalities in Dispute Resolution
Marilyn McKnight, Past President, Association for Conflict Resolution, Erickson Mediation Institute, Bloomington
Steve Erickson, JD, Erickson Mediation Institute, Bloomington
9. Creative Problem Solving - Working Together to Create Durable Agreements
Nina Meierding, MA, JD, Adjunct Professor, Pepperdine University School of Law, Bainbridge Island, WA
Creative problem solving can take many forms in the conflict resolution process. This workshop will focus on strategies to productively generate options and build consensus in decision making . Prof. Meierding will explore how to move beyond obstacles and create more durable agreements using the three-sided "triangle of satisfaction." This workshop will provide tools to help parties generate solutions that go beyond just getting a deal.
10. Self-Determination and the Model Mediator: Supporting Free and Informed Choices
Herman Bingham, Former Manager, EEO Dispute Resolution, US Postal Service Chicago District, Lake in the Hills, IL
Linda Ochsenfeld, JD, Frankfort, IL
The Model Standards of Practice for Mediators were adopted in 2005 by several national dispute resolution organizations, including ACR, ABA and AAA. Mediators who understand party self-determination can better assess the alignment of their services with accepted practices. This workshop will provide opportunities for mediators to determine what changes to their own practices may be necessary to support “free and informed choices as to process and outcome.”3:00 - 3:15 p.m. Break
Thursday, April 23, 2009
Workshops 13:15 p.m. - 4:30 p.m.
11. Pearls and Perils: When is Intuition a
Resource for Resolving Conflicts?
Michelle LeBaron, Director, University of British Columbia Dispute Resolution Program, Vancouver
Intuition is something that most people have experienced. It can be defined as knowing something without knowing exactly how the knowing came about. In this workshop, Prof. LeBaron will examine intuition and its relationship to conflict resolution. Drawing on recent scientific research, she will explore how intuition happens, whether we can increase our capacity to experience it and how to tell whether it is yielding perils or pearls in the midst of conflict.
12. Dealing with Emotions in Dispute Resolution
Sue Bronson, MS, Past Chair, Family Section, Association for Conflict Resolution, Milwaukee
Emotions are part of the subjective experience of each person. It can be very difficult in intense exchanges to set aside internal reactions and fully listen. Emotions are important for the full picture of the dispute and even for its resolution. However these emotional responses may diminish our ability to process information . This workshop will help mediators handle intense emotions, identify masked emotion and capture naturally occurring opportunities for understanding another’s perspective.
13. What is the Root Cause of All Conflict?
Dolores Kokinos, Founder, The Empowerment Café, Madison
An individual’s learning style influences how they communicate with others. What if we could understand why people react, behave, make choices and speak as they do? The secret lies in understanding the five foundation blocks of humanity that every human requires regardless of their age or social status. This can lead to effective strategies that can be included in one’s mediation practice and will help to guide clients to a sustainable resolution more quickly.
14. Frames of the Circle
Suzanne (Terry) McGinnis, Esq. State’s Attorney’s Office of Cook County, Juvenile Delinquency Section, Markham, IL
Elizabeth Vastine, Esq. The Stone Vastine Group, LLC, Chicago, IL
This workshop will focus on restorative circles. The restorative philosophy is premised on the belief that disputes and conflicts arise from the breakdown of relationships and that the resulting harm or damage should be addressed by those involved in and impacted by the dispute. Circles are a restorative practice that allow for exploration, sharing, learning and discovery. The workshop participants will be introduced to the inner and outer frames of the circle process including values, guidelines, talking pieces, ceremonies and the role of the facilitator as circle keeper.Here are the 2009 rates:
Institutes Only - April 22; 1:00 p.m. to 4 p.m.
$65 WAM members / $75 Non-Member / $65 Student
Conference Only - April 23; 8:00 a.m. to 4:30 p.m.
$105 WAM members / $120 Non-Member / $60 Student
Institute & Conference package - April 22 & 23
$155 WAM members / $185 Non-Member / $115 Student
If you are not a WAM member, check out the New Member Special on the registration form to get an annual membership AND pay the member rate above.
Select the Programming You Want to Attend
Click HERE to Register for Institutes Only (4/22/09)
Click HERE to Register for Conference Only (4/23/09)
Click HERE to Register for Both (4/22 & 23/09)For lodging at the host facility, call the Sheraton Hotel - (608) 251-2300 and tell them you are attending the Emerging Issues Conference, or mention the Wisconsin of Mediators as the organization from whom the rooms have been blocked. A limited number of rooms are available at the special rate of $119 (first come, first served).
Dale Virnig Scholarship Available for Emerging Issues Conference - The scholarship will provide $500 and a complimentary conference registration for an adult practitioner to attend WAM's Emerging Issues conference on April 22 and 23, 2009 in Madison, WI. Anyone interested in applying for the scholarship should follow this LINK.
SCHOLARSHIP APPLICATIONS ARE DUE BY April 1, 2009
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