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ACR Update,
June 2009
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To view past issues online, visit the ACR Update Archives |
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WELCOME TO ACR UPDATE—the monthly e-newsletter sharing important conflict resolution news and organizational updates with ACR members. Your feedback is welcome! |
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OVERVIEW OF ARTICLES |
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Mediator Certification Task Force Is Alive and Moving Forward By Nancy Gardner, Co-Chair of ACR Mediator Certification Task Force
After a hiatus of three years, the ACR Certification Task Force has been revived, and the impetus for moving forward is strong and purposeful. The survey of ACR membership conducted last spring (2008), showed continued interest from the membership for mediator certification. As a result of the survey, the ACR Board included in the Strategic Business Plan adopted last fall a call for a certification that would be meaningful and carry a truly professional weight, one that not only embraces the basic principles and practices that are applicable across the broad range of mediation, e.g. client self-determination, mediator neutrality, management of process, understanding of conflict theory, etc., but also provide
The Plan identified two key steps—get buy-in from the Family Section of ACR, and produce a business plan for the Board’s approval that identifies start-up and operating costs and expected income from participants. The Task Force, under co-chairs Nancy Gardner and Steve Erickson, was created to move the work forward. Based on the Task Force’s review of the extensive certification initiatives from the past, dating back to the mid-80's, the current protocols of various certifications currently available regionally and worldwide, and the 2005 Hamm Feasibility Report, we recommended that our focus be on advanced-level certifications within areas of specialized expertise. With the Family Section’s interest and cooperation, the first area of expertise chosen was Divorce Mediation. The requirements for such a certification would entail experience, training AND assessment of knowledge and performance-based skills. The Task Force has concluded that entry- or mid-level certification of a general nature would not satisfy the professional rigor currently sought by professional mediators.
It is our hope that this template will become the blueprint for rolling out other certifications in areas such as Employment, Commercial, etc., depending on the needs and wishes of other sections within ACR. Given the complexities related to some of the more specialized areas of mediation, i.e. commercial, employment, divorce, family, construction, personal injury, etc., it became clear that any certification must take into account the differences of knowledge base and approaches that each specialty would require and meet expectations from consumers as well as from other professionals.
To support its work, the Task Force has commissioned two research projects which are expected to be completed by mid-June. Both reports are being prepared under the tutelage of Susan Terry (Woodbury College). One has been prepared by Don Dickey (Woodbury College) describing the full spectrum of certifications world-wide with an assessment of strengths and challenges that will help inform our Task Force work. The other report is prepared by Dianne Carter (Woodbury College) on Certification Assessment, a significant work that will give us guidance on how to tackle the challenge of evaluation. The Assessment Subgroup will continue its research beyond June - the deadline is not yet set, and depends in part on the work of the ASK (Abilities, Skills and Knowledge) Subgroup which has a target deadline of the end of November. The Standards and Ethics Subgroup will be working to complete their tasks within the same time frame. Starting a certification is not without financial challenges, so on a parallel course with the various subgroups working on content is a group working on economic feasibility and resource development to identify the front-end cost and risk of starting a certification program and to ensure long term viability of a fee-based program. Finally, we are highly aware of the need for input from practitioners, and it is our expectation that our certification work will be vetted with the Family Section and other various stakeholders, and with other organizations that would have an interest in the outcome.
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Alternative Dispute Resolution Approaches to Foreclosures By Andrew Jacob
With the early successes of pilot programs in Philadelphia and Florida, local governments and newspapers are beginning to recognize mediation and alternative dispute resolution (ADR), as practical, affordable, and effective alternatives to expensive and taxing foreclosure litigation. The increase in the use of ADR comes at a time when the brunt of the foreclosure crisis is just beginning to be understood. A report released on May 28 by the Mortgage Bankers Association indicates that more than 616,000 mortgages faced foreclosure actions in the first three months of 2009 - a 36 percent rise in foreclosure actions compared to the first quarter of 2008. With much of the public bearing the weight of a foreclosure crisis, ADR is shining through as an effective tool to prevent foreclosure and stabilize the deteriorating housing market.
In many states and other jurisdictions throughout the country, residential mortgage foreclosure mediation and ADR programs are being proposed and piloted. For example, in Ohio foreclosure mediation programs are offered in all 88 counties. In Florida, foreclosure mediation programs are offered in three Florida Circuits and a Residential Mortgage Foreclosure Task Force, appointed by the Florida Supreme Court Chief Justice, is in the process of designing a foreclosure ADR program that will likely include mediation as a primary means of resolving foreclosure disputes. In these areas, when the foreclosure process begins the lender is required to notify the homeowner of the option of mediation and the availability of housing counseling. Homeowners can call for a mediation or conciliation conference and the lender is required to send someone with the authority to negotiate and modify the loan. Maine, Nevada, Massachusetts, Oregon, and Wisconsin all have bills working their way through their state governments that would either require or recommend mediation and other ADR techniques as an initial step in the foreclosure process. In each of these bills, if the homeowner initiates an ADR conference, the lender must participate before they can conclude the foreclosure process. Connecticut and New York, both of which already have voluntary mediation programs, are considering legislation that would strengthen their current laws with either mandatory mediation or longer moratoriums to give further incentive for lenders to pursue mediation and shorten the proposed one year delay in foreclosure proceedings.
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Keynote Address
Wallace Warfield, associate professor of Conflict Analysis at George Mason University’s Institute for Conflict Analysis and Resolution (ICAR) and past president of the Society of Professionals in Dispute Resolution (SPIDR), will be the keynote speaker at ACR’s 9th Annual Conference, “Convening ‘Whole of Community’: Integrating Approaches and Practices to Address Conflicts in a Chaotic World” October 7-10 in Atlanta, GA.
Warfield will speak on the topic of “Responding to the Whole of Conflict in the 21st Century: Challenging Conventional Identities.” Alternative dispute resolution (ADR)/conflict resolution (CR) has been relegated to the margins of the more complex conflict situations whether poverty, scarce resource distribution, persistent and organic organizational conflict, identity groups engaged in intra-state conflict, or other complex dynamics. While there will always be a need for third parties to provide intervention responses to the genre of interest-based disputes, the “field” needs to develop the capacity to engage these conflicts at the structural level where complex interdependencies exist and where the genesis of many conflicts lie. To do so, practitioners need to determine if iconic knowledge, skills, and abilities (KSAs) that have been the staple of the provider community since its inception, are adaptable for these more complex and protracted social conflicts (PSCs). Or will the provider community be called upon to create new KSAs that challenge conventional images and identities of the intervener? The latter carries implications for how we imagine ourselves and the ethics that guide our practice.
For more information about the keynote speaker and the annual conference, click here.
Things to Do in Atlanta During ACR’s Annual Conference
The Annual Conference will be held at the Hilton Atlanta in the heart of downtown Atlanta. You will be within walking distance of several great tourist attractions and within a half hour drive of other spectacular attractions. So, for those of you who are staying after the conference or who want to sneak away, here is a brief listing of possible things to do while you are in town. (All these attractions and more can be viewed at www.atlanta.net)
Tours and Attractions
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This year’s conference will be held in Atlanta, Georgia at the Hilton Atlanta from October 7 - 10, 2009. Be sure to sign up to sponsor, advertise, or exhibit by the due dates to get premier placement and exposure in our pre-conference brochure. Click here to find complete information on all available marketing opportunities.
Sponsorship Opportunities include:
Exhibitor Opportunities include:
Visit the conference Web page for advertising, sponsorship, and exhibitor registration forms and detailed information on all marketing opportunities.
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Conflict Resolution Day Is October 15! New Contest Offered for Students |
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ACR is pleased to announce two new contests for Conflict Resolution Day 2009 designed to engage students and increase public awareness of conflict resolution:
Video Contest Is Geared to College and University Students
Students enrolled in colleges and universities are invited to create and submit a two minute or less video displaying the power of conflict resolution. Each video will be judged based on its creativity, originality, production quality, clarity of message, and potential to educate diverse audiences. The submission period is expected to be September 1, 2009 to October 1, 2009. The winner of the contest will receive a free one-year ACR membership and one free registration to the 2010 Annual Conference. Complete contest rules will be available in the July issue of ACR Update. If you would like information in advance of the June ACR Update, please send an e-mail to videocontest@ACRnet.org
Poetry Contest Is Planned for Younger Students
A poetry contest for students in elementary, middle/intermediate, and high schools is being planned as a youth activity for Conflict Resolution Day. The contest will take place in Fall 2009. Poetry contest information will be e-mailed to interested individuals, teachers, schools, and groups. If you would like to receive information on the poetry contest for Conflict Resolution Day, please e-mail poetrycontest@ACRnet.org
Conflict Resolution Day is an annual celebration conceived by ACR in 2005 and activities take place on or around the third Thursday in October. This year, Conflict Resolution Day is October 15.
It is never too early to start planning an event, arranging for a proclamation or brainstorming new ways to celebrate the benefits of conflict resolution. Visit www.ACRnet.org/crday to view listings of past events and to view a sample letter requesting a gubernatorial proclamation. Add your event to ACR’s Web site by completing this form. You also can share a proclamation on the ACR Web site by completing this form.
Conflict Resolution Day posters are available in Arabic, English, French, Hebrew, and Japanese.
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Spring 2009 Issue of Conflict Resolution Quarterly Available Online |
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The most recent edition of Conflict Resolution Quarterly (CRQ) focuses on innovative research and practice tips in the field of mediation. Find out which techniques civil mediators use on plaintiffs more than defendants; learn about the gap between self-reported mediator styles and those styles actually observed through observations of mediators; find out how much time mediators should spend building or rebuilding trust with parties; find out how some Florida courts have drastically reduced the number of cases seen by family law judges in favor of a diversity of ADR approaches; discover how mediators' biases impact them without their knowledge; and see how two included surveys can help to predict whether a case will settle in mediation! (Volume 26 number 3) is now out and available for viewing for free to ACR Members! Conflict Resolution Quarterly can be accessed three ways:
1) For free to members of the Association for Conflict Resolution (http://www.acrnet.org/)
2) Through a subscribing library or other institution (generally free to users)
3) Via the Wiley CRQ website (Abstracts free, full articles for a small fee): http://www3.interscience.wiley.com/journal/97519532/home
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ACR
Education Section and CREducation.org partner to help promote and
support Conflict Resolution Day (CR Day) activities in schools.
The Family Section has an open poll available for section members to complete, helping leadership to plan the next Section conference. A link to the poll is available on the home page of the Family Section website: www.acrfamilysection.org[ar3] . Nominations are being accepted for three positions on the Family Section Advisory Council (FSAC). Each member of the FSAC serves a three-year term and is expected to participate in a monthly 60-90 minute conference call and to chair one of the committees in the section. If you are interested in nominating yourself or someone else, then contact Mary Ann Lawson: malawson@acrfamilysection.org. The June teleseminar for the Family Section will be presented by Lynn Malley on June 3 at 3:00 ET on the following topic: Military Families: How Are They Faring in this Time of Repeated Deployments? What Can Mediators Do to Help?
Congratulations to the
2009 International Development Committee Outstanding Leadership
Award recipients!
The Restorative and Criminal Justice Section is a co-sponsor of:
2nd Restorative
Practices International Conference
31 May - 3 June 2009 http://restorativepracticesinternational.org/9.html for conference information Look for the ACR/Section table at the conference!
Congratulations! Michael McDowell and Richard Fincher of the ACR WPS Advisory Council have been accepted for membership in the National Academy of Arbitrators (NAA)! The NAA is an honorary professional organization with very high standards of admission and practice.
Mike and Dick will be formally inducted in October, 2009. The ACR Workplace Section is very proud!
Upcoming Monthly Teleseminar Details are forthcoming, check the WPS website for more information
Conflict Coaching Teleconference Interests Taken Deeper: A Diagnostic Tool for Coaches and Mediators June 24, 2009 5:00 p.m. – 6:00 p.m. Eastern Time
Conflict has centered around the idea of Interests for a long time now, but a deeper way of working with Interests has not become the norm. Gary Furlong, the presenter for the Conflict Coaching Committee’s June teleconference, will invite participants to consider how he breaks Interests into three different types. He will drill down into all three, looking at how this can help practitioners from a diagnostic point of view as well as guide the intervention. In addition if time permits, Gary will discuss how these interests influence the dynamics of trust and trust-building for the client. Gary Furlong is a mediator, trainer, facilitator and consultant with Agree Dispute Resolution. He is Past President of the ADR Institute of Ontario, a Distinguished Fellow with the International Academy of Mediators, and he holds the Chartered Mediator (C.Med) designation along with a Master of Laws in ADR from Osgoode Hall Law School in Toronto. Gary is the author of The Conflict Resolution Toolbox (Wiley & Sons, 2005). For more information on the Conflict Coaching Committee and to suggest topic ideas, please contact this Committee’s Chair Cinnie Noble at cinnie@cinergycoaching.com, 416-686-4247, toll free 1-866-335-6466.
Nominations Are
Open for One Chair of the Workplace Section
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The 7th Annual Mediator Appreciation Day, held on May 19 at Fresno State, featured an unpresidented gathering of 700 elementary, junior high and high school level mediators as well as college level mediators. These are students who volunteer to facilitate the conflict resolution of their peers. Conflict is a natural part of life. Therefore, they are trained in communication and conflict resolution skills to serve their school communities. In the process, they are preparing skills for life!
Hawaii Chapter ACR Meeting Report
A contrast in the use of ADR techniques was the focus of the May 23 chapter program on ADR in Family-Related Disputes. Psychologist Craig Robinson discussed how his mediation training aids him in his role as a parent counselor in the Family Court. The role of the parent counselor is to: 1. decrease strong negative feelings like anger and sadness in parents; 2. improve communication between parents; 3. improve parents’ ability to focus on their children’s needs; 4. improve parents’ ability to communicate about parenting issues; and 5. resolve issues standing in the way of good relationships among all family members.
The role of the parent counselor is similar to the family mediator who has to deal with the same issues in trying to reach parenting and visitation issues.
Arlynna Howell-Livingston, President of EPIC, Inc., discussed her organization’s use of ADR techniques in conducting `Ohana Conferences. In `Ohana Conferencing, family issues related to children are managed by bringing together the extended family. EPIC staff facilitate meetings between the family members and the State’s Child Welfare System social workers. The objective is to develop a plan for the best interest of the children involved. Like a mediated agreement, the parties must agree to the terms and must be committed to making it successful.
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Adding Areas to Your ACR
Don’t let your ACR participation be limited to your basic membership. As an ACR member, you can join other professionals in your special area of interest and further your professional development. Both Sections (Special Interest Areas) and Chapters (in your Local Area) offer members an opportunity to supplement the basic ACR membership with enhanced involvement and collaboration in the conflict resolution community.
How Can I Add a Section to My Membership?
ACR’s professional Sections provide members with a way to meet other professionals in their special areas of interest. In these special interest groups, members trade best tips and practices with other practitioners, share research, and work together to develop new ideas in the field. At $15 per Section, members can add any of the 18 Sections to existing memberships online at http://impak.acrnet.org/members. Find out more about ACR's professional interest Sections at http://www.acrnet.org/sections/.
Looking for a Local Chapter?
ACR has a direct link to all ACR Chapters which you can find at http://www.acrnet.org/chapters/. Chapters add to the ACR membership experience by providing face-to-face interaction with members of the field who live in your area and fill a vital role in allowing members to share common concerns, forge alliances, and develop joint strategies to promote and strengthen the field of conflict resolution locally. Being a member of a Chapter allows you to build networking relationships, share ideas, experiences, and challenges and collaborate on issues of mutual interest. ACR currently has 22 regional Chapters, serving various cities, metro areas, states, and districts. Chapter dues vary by chapter. Find out more information about the Chapter(s) in your area at http://www.acrnet.org/chapters/.
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Donate Now! You can make donations to ACR's Annual Fund Campaign online. Click here to learn how you can make an important investment in ACR's future.
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Straus Institute for Dispute Resolution Pepperdine University School of Law
22nd Annual Professional Skills Program June 11-13, 2009 – Malibu, California Features fifteen courses addressing distinct dispute resolution processes. Participants engage in three days (eighteen hours) of intensive skills instruction and practice.
Mediating the Litigated Case August 10-15, 2009 – Malibu, California A sophisticated six-day (forty-two hour) program for experienced litigators, in-house counsel, and other practitioners. Professionals can study the mediation of litigated cases either to become a mediator or to be a better advocate.
East Coast Professional Skills Program Co-sponsored with Vermont Law School October 15-17, 2009 – Woodstock, Vermont Features eight courses addressing distinct dispute resolution processes. Participants engage in three days (eighteen hours) of intensive skills instruction and practice.
For all of the above Straus programs, contact: Lori Rushford 310.506.6342 / lori.rushford@pepperdine.edu or visit our website for registration costs, course descriptions, faculty bios and to register: http://law.pepperdine.edu/straus/training_and_conferences
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CONFLICT COACHING WORKSHOP Conflict coaching is a specialized niche in the field of coaching and conflict management. It is a one-on-one technique, in which a trained coach assists people to manage their disputes and to enhance their conflict management skills. In this dynamic 4-day workshop participants will gain among other things: working knowledge of the CINERGY® model of conflict coaching; information about the application of this technique; and suggested documents and information about the logistics of conflict coaching. For dates of training in Santa Barbara, CA; Arlington, VA; Toronto and Ottawa, Canada; Australia; and Ireland, contact Cinnie Noble or her assistant Laureen McNeill at: Phone: 416-686-4247, Toll free: 1-866-335-6466, Email: cinnie@cinergycoaching.com.
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Advertise in ACR Update! Reach 5,500+ conflict resolution enthusiasts with your advertising message. A 10-line, 100-word, text ad costs just $150! For more information, contact ACR at tlankford@acrnet.org. |
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Encourage your colleagues and friends to join the Association for Conflict Resolution! Enjoy immediate benefits for you and your friends. Go to www.ACRnet.org and click “Join Now.” |
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Association for Conflict Resolution
As an ACR member, you are automatically subscribed to ACR Update. To unsubscribe from ACR Update, send an e-mail to membership@acrnet.org, or log on to the Online Member Center. |
Conflict
Resolution Day Contests Announced
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