2013 Workshops

March 29-30, 2013

20th Annual Northwest Dispute Resolution Conference

Workshops marked with an asterisk (*) are in the Advanced Skills Track: Mediating Litigated Cases.

Go to the conference Registration page for full details and to register online. You can download the full conference brochure to print here: 2013 20th Annual Conference brochure (pdf)

For more ideas on how to choose among the dozens of workshops see these tracks:

Session Series 1
Friday, March 29, 2013 8:30 a.m. – 9:30 a.m.

1.1 Get Artisan™
Presenter: Neil Denny, speaker, author and collaborative family lawyer, Bath, England

Get Artisan™ is a rallying cry to professional service providers to stop simply doing a shift and to make the shift instead and to grow your business. You want to grow, personally and professionally. You long to do more of the work that you love and you long to do it brilliantly. You need skills, structure and a methodology to push your work forward. Because making do with good enough is not good enough. We live in a time of selling units of time or products to meet overheads, of trying to sell cheap and often and of minimizing the quality of input. This makes no sense. Look instead at the artisan craftsperson who continues to sell even in a recession. Look at his or her clients who are thrilled to connect with the artisan and to do business with them. And look at the artisan’s own commitment and contentment. Sell more, sell at full value and be happy. Get Artisan™ is a skills based model for business and personal growth drawing upon the three artisan traits of connection, complexity; and autonomy. Discover how you and your business can be transformed through a renewing of your approach to the work that matters to you and the clients you serve.

1.2 The Nuts and Bolts of Public Dispute Resolution: Best Practices of Stakeholder Assessment, Joint Fact-finding, and Dispute Systems Design
Presenter: Larry Susskind, Ford Foundation Professor of Urban and Environmental Planning at MIT; Founder, Consensus Building Institute; and Vice-Chair, Program on Negotiation at Harvard Law School, Cambridge, MA

The practice of public dispute resolution in the United States has evolved substantially over the past few decades. There are now right ways and wrong ways of doing things. Identifying who should be at the table in contentious multi-party disputes requires a stakeholder assessment by a professional neutral. Once the right parties are at the table, joint fact-finding is necessary to ensure that the parties have a shared base of credible information and analysis to work with. The product of public dispute resolution efforts often takes the form of proposed modifications in how government officials, private interest and civic groups will continue to interact. This involves the design of mini-dispute handling systems. Learn more about each of these techniques and practices.

1.3 Let’s Get Real: From a “Win-Win” to “Can Live With-Can Live With”*
Presenters: Amy Lieberman, Insight Mediation Group LLC, Scottsdale, AZ; Ursula Kienbaum, Littler, Mendelson, Portland, OR; Clifford Freed, Frank Freed Subit & Thomas LLP, Seattle, WA

Historically, proponents of mediation have extolled its virtue as the vehicle for the “win-win” solution. The problem? Parties come expecting to “win.” The reality is that parties rarely dance out of the process feeling as if they won. They may feel relief – but they can also feel let down. The real key to mediation success, which not only resolves conflict but leaves the parties with a feeling of accomplishment, is to change expectations. How do you do this? Get the parties to go for the “Can Live With-Can Live With” solution.

Session Series 2
Friday, March 29, 2013 9:45 a.m. – 11:15 a.m.

2.1 Difficult Conversations: Lessons from Mealtimes
Presenter: Janet A. Flammang, Lee and Seymour Graff Professor, Department of Political Science, Santa Clara University, Santa Clara, CA

In this session, we will compare the foundational concepts of dispute resolution with research findings about mealtime experiences. After a presentation summarizing this research, attendees will be asked to describe experiences of family meals, or other meals, that were both productive and non-productive in facilitating stories, active listening, three conversational levels (what happened, feelings and identity), understanding, learning, empathy, curiosity, shared meaning, problem-solving, and democratic practice. Based on these examples, what lessons can we learn from mealtimes that might be useful to the difficult conversations of mediation and dispute resolution?

2.2 How the Brain Changes the Mind: Maximizing Skills in the 21st Century
Presenter: Jennifer Kresge, Mediation, Training & Counseling Services, St. Helena, CA

Is technology changing our brains? How we gather information, communicate with one another and use our time is now more than ever dependent on our use, proficiency and abuse of technology. How does this effect who we are and what we do? What do we need to know about the 21st century brain in order to use ours wisely and also be an expert at executive functioning and the science and art of negotiation? How does our use of the internet, cell phones, iPads™ and technology, change the pathway of decision making, creativity, complex reasoning and ethics? This highly interactive workshop will stimulate your brain and enable you to use brain sensitive strategies to cultivate your mind and expand your practice.

2.3 Advanced Mediation Skills: Exploring the Predictability of Competitive Bargaining*
Presenter: Nina Meierding, Negotiation and Mediation Training Services, Bainbridge Island, WA

Most mediators have been trained in interest-based bargaining, however some negotiators are highly competitive and are resistant to integrative techniques. Understanding the “dance” of negotiation – the importance of the size and spacing of concessions, the timing of offers and who should make them, and how to avoid exploitation through the theory of “tit for tat” (strategic rather than stylistic competitiveness) will assist mediators to be skilled in facilitating both integrative and distributive styles of negotiation. Further, mediators will learn how their own techniques and "moves" may inadvertently change the outcome of the mediation.

2.4 Mediation, Family Law, and Domestic Violence: Northwest Practice
Presenters: Eduardo R.C. Capulong, Associate Professor of Law and Director, Mediation Clinic
University of Montana School of Law, Missoula, MT; Theresa Wright, Clinical Professor of Law and Director, Domestic Violence and Family Law Clinic, Lewis and Clark Law School, Portland, OR; Gail Hammer, Assistant Professor and Clinical Supervisor, Gonzaga University School of Law, Spokane, WA; Dee Knapp, Part-time Visiting Professor and Director, Mediation Clinic, Seattle University School of Law, Ronald A. Peterson Law Clinic, Seattle, WA

The use of mediation in family law cases involving domestic violence has long been controversial, and states have taken various approaches to the issue. Montana absolutely bars mediation in such cases - but it has no screening method. Oregon screens for such cases and allows parties to opt out. Washington considers mediation generally inappropriate in cases involving domestic violence and child abuse, but allows courts to make exceptions. What is the best approach to this complex issue? In this session, panelists from Northwest states will reassess the topic and discuss their approaches and the challenges they present. Using case examples, attendees will role-play specific problems and, with the panelists, generalize the best approaches to mediating family law cases with domestic violence.

2.5 Dobermans and Diplomats: Seventeen Strategies for Re-opening Hopelessly Deadlocked Negotiations
Presenter: John Wade, Emeritus Professor of Law, Bond University, Australia; Vancouver, BC

Lawyers, diplomats, managers and mediators are frequently asked to assist with reopening deadlocked negotiations. This session and paper considers firstly, the psychological and structural factors behind any deadlock; and offers seventeen techniques for restarting the negotiations. Each technique attempts the "double-talk" of strength and yet willingness to negotiate. A working knowledge of these techniques is an essential addition to the toolbox of any professional negotiator aiming to add value for their clients.

2.6 Foreclosure Mediations Versus Traditional Models and Case Management
Presenters: Nancy Parsons, Puget Sound Mediation, Tacoma, WA; Carol Grand-Mantagne, Dispute Resolution Center of Snohomish and Island Counties, Everett, WA; Marcus Lang, Attorney at Law, Seattle, WA; Andrew Kidde, Bellevue Neighborhood Mediation Program, Bellevue, WA (moderator)

Foreclosure mediations have some unique characteristics that vary from the more traditional models taught. Panelists will provide insights from the Dispute Resolution Center and independent mediator perspectives. The Case Management portion will provide insights into the intake process, dealing with documents, follow-up, and case closure.

Session Series 3
Friday, March 29, 2013 11:30 a.m. – 12:45 p.m.

3.1 When Both Sides are Righteously Indignant: Staying Centered in the Storm
Presenters: Claudia Bernard, Chief Circuit Mediator, Ninth Circuit Court of Appeals, San Francisco, CA;
Dana Curtis, Center for Negotiation & Dispute Resolution, University of California Hastings College of the Law, San Francisco, CA

This presentation focuses on three aspects of mediating cases where parties feel righteously indignant: Early intervention; understanding the psychology of righteously indignant parties; and learning to hold this indignation without losing one's center. The presenters will share examples from their extensive experience mediating these types of cases and will discuss tools they have developed for these situations. The session will include brief experiential exercises.

3.2 Online Dispute Resolution: The Next-Generation Construction ADR Process
Presenters: Patricia Galloway, CEO, Pegasus Global Holdings, Inc., Cle Elum, WA; Michael Powell, American Arbitration Association, Los Angeles, CA

The panel will provide a comprehensive look at what’s ahead in online innovations designed to help ADR users manage the complexities of construction disputes. The use of internet information and communication (“ICT”) is explored to address the question of whether construction disputes can be effectively resolved via online ADR platforms.

3.3 Advanced Mediation Skills: Understanding the Use of Power in Negotiation*
Presenter: Nina Meierding, Negotiation and Mediation Training Services, Bainbridge Island, WA

Exploring sources of power and how it is used in both collaborative and competitive situations will assist us to be more aware of shifting dynamics and discern parties’ responses. From the worlds of communication, negotiation, psychology and neuroscience, we will learn both proactive and responsive techniques to work with power that shifts, is unbalanced, creates ethical issues or threatens to derail a mediation.

3.4 Developing Cultural Competence and Reducing Bias in Dispute Resolution: A Primer
Presenter: Gillian Dutton, Director, Externship Program and Associate Professor of Lawyering Skills, Seattle University School of Law; Korematsu Center Faculty Fellow and Faculty Advisor to the Iraqi Refugee Assistance Project and the Access to Justice Institute Citizenship Project, Seattle, WA

This session will discuss how culture impacts the presentation of problems and the identification of solutions. It will cover the five habits of cultural competence and will include a discussion of how research on implicit bias has given us further insight into how to discuss and reduce bias. It will also provide a blueprint for how to teach cultural competence effectively to mediators and lawyers. The first exercise will help participants identify their own cultural norms and stereotypes and then discuss this process with the group. The second exercise will include a role play with techniques for addressing bias arising in dispute resolution. These techniques will focus on how to improve respect and understanding.

3.5 Online Reputation Management for Dispute Resolution Professionals
Presenter: Josh King, Avvo Inc., Seattle, WA

Both prospective and existing clients constantly review the web for information about all sorts of vendors and service providers: including attorneys. Maintaining a positive online reputation is a key factor in retaining business. The practice of Online Reputation Management includes proactively engaging with the web to put an attorney’s best foot forward as well as reactively monitoring an online presence. This session creates a framework which attorneys can use to prioritize how they approach their Online Reputation. We review tools for reactively monitoring the web for an individual, a firm or even a client, understand fundamental Search Engine Optimization principals that can impact Online Reputation Management and review tracking tools for monitoring an attorneys’ online efforts.

3.6 Foreclosure Fairness Program Updates from Department of Commerce
Presenters: Rick Torrance, Executive Director, Department of Commerce, Olympia, WA; Corina Grigoras, Program Manager, Foreclosure Fairness Program, Department of Commerce, Olympia, WA

Department of Commerce staff will briefly review the status of the Foreclosure Fairness Program, address commonly asked questions and share best practices for mediators. A minimum of 30 minutes will be reserved for questions and answers at the end of the session.

Friday Lunch
March 29, 2013 12:45 p.m. – 2:00 p.m. William H. Gates Hall

General Conference Lunch

Enjoy a sandwich buffet lunch. Meet with friends and colleagues or watch video “replays” of Larry Susskind’s Nuts and Bolts of Public Dispute Resolution; Neil Denny’s Get Artisan and Amy Lieberman, Ursula Keinbaum and Cliff Freed’s Let’s Get Real: From a “Win-Win to “Can Live With-Can-Live-With.”

Session Series 4
Friday, March 29, 2013 2:15 p.m. – 3:45 p.m.

4.1 Decision Making Tips and Tools to Assist Parties in Conflict (Advanced)
Presenter: Sam Imperati, Institute for Conflict Management, Inc., Portland, OR

Decision making is especially complicated when parties are in conflict – what do they want to do? Mediators can help them navigate the intersection of logic and emotion effectively, efficiently, and fairly with the use of creativity, objectivity, good judgment, and accepted reference points of fairness. This class provides the theory, tips, and tools to help others make “wise” decisions that lead to richer resolutions, not just “settlements” where parties walk away unhappy. Goals: 1) Understand Decision Making Theory, 2) Learn practical implementation techniques, 3) Practice using a free, collaborative-based, software program. Please bring your laptop, tablet, or smartphone!

4.2 Are the Courts, Lawyers & the ADR Community “In Sync” Regarding How ADR Can Best Serve the Interests of the Public and Promote the Administration of Justice?
Presenters: Hon. Marsha Pechman, U.S. District Court, Western District of Washington, Seattle, WA; James Kirkham (Kirk) Johns, Johns Dispute Resolution Services, Bainbridge Island, WA; Hon. John Erlick, King County Superior Court, Seattle, WA; Colleen Kinerk, Cable, Langenbach, Kinerk and Bauer, Seattle, WA; Hon. Terrance Carroll (ret.), Alternative Dispute Resolution Services, Seattle, WA (moderator)

Panelists will examine issues and concerns that arise from the current practice of requiring all civil cases to go through an ADR process prior to trial. Ways in which communication and coordination between courts, lawyers and the ADR community may be improved to better serve the interests of litigants and the public will be discussed. A short overview of the history of ADR (especially in the Pacific Northwest), and a review of data that address trial v. settlement of civil cases in state and federal courts will be provided.

4.3 Timing is Everything (Especially in Mediation)*
Presenters: Margo Keller, WAMS, Seattle, WA; Claudia Bernard, Chief Circuit Mediator, Ninth Circuit Court of Appeals, San Francisco, CA; Michael Hogan, Hogan Mediation, Eugene, OR; Scott Holte, WAMS, Seattle, WA (moderator)

This presentation will explore various aspects of timing in mediation, with a particular focus on timing relative to negotiation and litigation strategy. For instance, should mediation occur before or after a ruling on summary judgment? When should the “smoking gun” be produced? How much time should be devoted to the mediation effort? Using actual and hypothetical case scenarios, the presenters will involve the audience in a discussion about timing from the perspective of the mediator, counsel and parties involved in mediation of their dispute.

4.4 Tattoos and Low Cut Blouses: How to Avoid Losing Neutrality in the First Minute
Presenters: Dee Knapp, Accord & Collaboration Dispute Resolution Services, Seattle, WA; Lee Mozena, Zenith Communication, LLC, Seattle, WA

How do you react when the way a client looks challenges your values? First impressions are critical to mediation. From body art that makes you cringe, to females wearing too little (or too much), cultural awareness and flexibility are key skills. Learn how to reframe unspoken yet real issues that can spoil the process before it starts.

4.5 Improv as a System of Listening & How to Use a Story
Presenter: Matt Smith, co-founder Stark/Raving Theatre, workplace trainer, actor, auctioneer, improv teacher, Seattle, WA

This basic workshop offers theory and exercises that will help mediators of any kind. It will focus on accepting the present moment for what it is, listening clearly, and responding with acceptance, acknowledgement, affirmation, encouragement and respect. It will also deal with identifying and naming communication habits, and moving things relentlessly forward. This will be interactive, with debriefs.

4.6 In the Room of a Foreclosure Mediation
Presenters: Teena Williams, McFerran & Burns, P.S., Tacoma, WA; Joseph McIntosh, McCarthy & Holthus, LLP, Poulsbo, WA; Jacquie Miller, Puget Sound Mediation, Tacoma, WA; Gayle Murdock, 360ci, Seattle, WA (moderator)

In the mediation room ... the advocates, the parties, and the mediators. In this highly interactive session, a panel of experienced foreclosure mediation participants will discuss the foreclosure mediation – what works and what could be improved. Panelists will provide insights regarding their expectations, interests and requirements during a conversation of best practices and areas of focus that contribute to, or detract from an effective and productive mediation session.

Session Series 5
Friday, March 29, 2013 4:00 p.m. – 5:15 p.m.

5.1 Clarity & Compassion: Visionary Tools for Mediators
Presenters: Rhonda Laumann, The Laumann Firm, PLLC, Seattle, WA; Mark Johnson, Systemic Constellations Institute, LLC, Seattle, WA

This session is an experiential learning program, providing an introduction to the basic concepts, principles and processes of Systemic Constellation Work. The constellation process is an external presentation of an internal dilemma. This method provides additional information about hidden dynamics to suggest moving beyond mediation impasses. The session includes a short demonstration, a group engagement exercise, and client case consultation using this systemic perspective to give participants practical application of the theory. It will conclude with applicable tools and resources for the mediator and their clients.

5.2 Will Geek Girls Be the Next Dispute Resolution Superheroes? Exploring the Influences of the Digital Native on Dispute Resolution Styles and Skills
Presenters: Sharon Sutherland, Assistant Professor, University of British Columbia Faculty of Law, Vancouver, BC; Ben Ziegler, Mediator, Consultant, Facilitator, Victoria, BC

Educators have known for more than a decade that the pervasiveness of technology in current students’ lives has resulted in a generation that thinks and processes information fundamentally differently than their predecessors – digital natives versus digital immigrants. The differences are profound yet serious consideration of these differences has been confined primarily to educational literature and workplace discussions of generational differences. In both settings, the discourse tends towards discussions of generation gaps and challenges. We see several areas in which the digital native (and, in particular, the young women of this generation) are developing skills and characteristics that will lend themselves to dispute resolution careers. We will examine ways in which these differences may just lead to innovative and exciting dispute resolution practices.

5.3 Puffing, Bluffing and Deceit: Ethics of Truth in Negotiation (Intermediate to Advanced) (1.25 Ethics CLE Credits in WA)*
Presenters: Hon. Eric Watness, Lawrence Mills, JAMS, Seattle, WA; Hon. Paris Kallas, JDR, Seattle, WA; Kathleen Wareham, WAMS, Seattle, WA

This session features a practical discussion about truth in negotiation. Experienced panelists will present real life scenarios grounded in good settlement practices and rules of professional conduct where the ethics of telling the truth or hiding it affected the outcome of negotiations. Where is the line between good faith negotiation and unethical fraud?

5.4 Mediating Group Conflicts in the Workplace
Presenter: Donna Lurie, Lurie Workplace Solutions, Woodinville, WA

Group conflicts are often multi-layered and involve structural as well as interpersonal issues. This workshop integrates organizational development and team building strategies with mediation and facilitation techniques. After exploring some systematic approaches to analyzing group conflict, participants will have an opportunity to dissect a specific group conflict and apply the principles presented in this workshop.

5.5 Mediating in the Major Leagues: What Elder & Adult Family Mediation Can Teach the Rest of Us About the Convening Process
Presenter: Dana Curtis, Center for Negotiation & Dispute Resolution, University of California Hastings College of the Law, San Francisco, CA

"If you don't know where you are going, you will wind up somewhere else." Yogi Berra. Elder and Adult Family Disputes are the major leagues of mediation, presenting complex, multiple issues, high-conflict parties, deep-seated resentments and rivalries, secrets, complicated ethical issues, communication challenges, grief, greed, guilt, logistical difficulties and intrigue galore - and more. In this lively workshop, Dana Curtis will introduce a systems-design approach to convening these challenging cases, derived from 20 years of mediation practice and teaching, which she sets forth in A Guide to Elder Mediation, to be published by ABA Publishing later this year. Participants will explore applications of this model to other disputes that also present convening and structuring challenges.

5.6 Overcoming Banking Industry Bias in Foreclosure Mediation
Presenters: Lili Sotelo, Northwest Justice Project, Seattle, WA; Ariel Speser, Northwest Justice Project, Seattle, WA

Discussion topics will include the impact of predatory loan bias involving communities from different cultures.

Reception
Friday, March 29, 2013 - 5:30 p.m. – 6:30 p.m.

Join other conference attendees at a reception at the Burke Museum.

Session Series 6
Saturday, March 30, 2013 8:30 a.m. – 10:00 a.m.

6.1 Mediating Corporate Social Responsibility Disputes
Presenter: Larry Susskind, Ford Foundation Professor of Urban and Environmental Planning at MIT; Founder, Consensus Building Institute; and Vice-Chair, Program on Negotiation at Harvard Law School, Cambridge, MA

Corporations all over the world are acknowledging their social responsibilities. Often, these take the form of published statements in annual reports. In many sectors, companies, particularly multinational corporations, are putting new “Corporate-Stakeholder Engagement Procedures” into place. In some instances, especially those under the jurisdiction of the Organization for Economic Cooperation and Development (OECD), mediation is prescribed as a way of resolving many disputes that emerge. Hear more about OECD’s new mediation procedures and, more generally, about the use of mediation in corporate-stakeholder interactions around the world.

6.2 Choreographing Communication in Mediation
Presenter: Jim Melamed, J.D., CEO Mediate.com, Eugene, OR

The presenter will describe how mediation is moving away from being “a discrete physical event” and toward a more complex “choreography of communication.” Jim will review the various available synchronous and asynchronous communication modalities and discuss how we are wise to align the communication modalities we use with the practical and psychological needs of the situation. The issue is not “face-to-face or online,” but, rather, how we can best integrate both face-to-face and online communications.

6.3 Helping Parties Find Resolution: The Effect of Role and Voice in Mediation*
Presenters: Hon. Wayne Brazil (ret.), JAMS, Berkeley, CA; Michael Hogan, Hogan Mediation, Eugene, OR; Chris Goelz, 9th Cir. Court of Appeals, Seattle, WA (moderator)

In this moderated discussion, two former federal judges turned mediators will discuss how their views on mediation have evolved as they have transitioned from the judiciary to private practice. Topics explored will include how to set the tone for a mediation, how to decide how directive or facilitative to be and where they look to the lawyers in the case for help. Audience questions and participation will be encouraged.

6.4 Mediating Difficult Family Conversations Around Alzheimer's Caregiving
Presenter: Don Desonier, Counselor at Law, Mercer Island, WA

Alzheimer’s disease is the only top-10 cause of death without any way to prevent, cure, or even slow its progression. In 2012 the first Baby Boomers turned 65. It is projected that 10 million of them will develop Alzheimer’s. The onset of Alzheimer’s disease and related dementias is thus proving all too common. In this workshop, through both lecture and experiential role plays, it will be illustrated how mediation and facilitation skill sets are critically important tools in assisting family members coping with the challenging decisions associated with the cognitive impairment of their loved ones.

6.5 Grudgeology
Presenter: Neil Denny, speaker, author and collaborative family lawyer, Bath, England

Grudgeology is a highly entertaining and engaging look at the stories that potential dispute resolution clients tell themselves and one another – stories that keep them from accessing dispute resolution processes and locked into vengeance or victim narratives – before delivering some practical steps to set their grudges, and themselves, free.

6.6 Updates on Litigation Arising Out of the FFA and Its Impact Upon Mediation Perspectives
Presenter: Melissa A. Huelsman, Law Offices of Melissa A. Huelsman, P.S., Seattle, WA

The presenter will discuss recent litigation arising out of the Foreclosure Fairness Act and how the decisions may impact the mediation process. Additionally, understanding the impact of a borrower bankruptcy and how it may affect the mediation will be discussed.

Session Series 7
Saturday, March 30, 2013 10:10 a.m. – 11:15 a.m.

7.1 Facilitating Collaborative Public Policy: Making it Happen in Different Institutional Settings
Presenters: Martha Bean, RESOLVE, Seattle, WA; Jerry Cormick, UW Business School/Evans School and CSE Group, Mill Creek, WA; Bob Wheeler, Triangle Associates, Inc., Seattle, WA; Michael Kern, Director, UW/WSU William D. Ruckelshaus Center, Seattle, WA; Amanda Murphy, UW/WSU William D. Ruckelshaus Center, Seattle, WA (moderator)

Public policy dispute resolution practitioners operate out of a variety of institutional settings including sole practitioners, for-profit firms, non-governmental organizations, government agencies and academic institutions. This session brings together senior practitioners with experience across these settings for a discussion about unique aspects of facilitating collaborative public policy from each.

7.2 Child-Inclusive Mediation Research and Practice
Presenters: Robin Ballard, Pre-Doctoral Clinical Intern, Ryther Child Center, Seattle, WA; Kelly Shanks,
M.Ed., LMHC, Psychotherapist and Mediator, Seattle, WA; Joanna Roth, Attorney at Law, Seattle

This session provides attendees with the results of original research and practical ideas to guide the safe and effective inclusion of children in the divorce mediation process. Benefits and challenges of child inclusion will be presented, and this mediation technique will be demonstrated through role play.

7.3 Risky Business *
Presenters: Hon. Terry Lukens (ret.), JAMS, Seattle, WA; Thomas Harris, WAMS, Seattle, WA

The evaluation of risk is an essential part of the mediation process. But risk analysis must be undertaken at the right time and under the right conditions to be productive in any given case. Through an interactive conversation with the audience that will include specific case examples, Tom Harris and Judge Lukens will discuss how to appropriately and effectively engage in risk analysis without alienating the parties or derailing the mediation.

7.4 Mediating with Generational Differences
Presenter: Donna Lurie, Lurie Workplace Solutions, Woodinville, WA

Generational differences between Traditionalists, Boomers, Xers, and Millenials /Generation Y can lead to conflicts over core values, communication styles, and “hot button” issues. We will focus on the potential for conflict AND collaboration when mediating disputes between family members or coworkers of different generations. Participants will play the “Generations Game” and develop strategies for addressing generational differences in their ADR practice. We will have an opportunity to dissect a specific generational conflict and apply the principles presented in this workshop.

7.5 Getting to Fair (Consultation in the BC Ombudsperson Context)
Presenter: Rose Stanton, Manager of Investigations, Office of the Ombudsperson of British Columbia, Vancouver, BC

A complaint to the BC Ombudsperson provides the public with the opportunity to have their disputes or disagreement with a public agency resolved confidentially and impartially. The staff of the Office of the BC Ombudsperson will discuss the consultative process used by investigators to resolve complaints about administrative fairness by public agencies. Consultation with a public agency to settle a matter is a different process than mediation but has the ability to go beyond the individual’s issue and achieve resolution on a broader scale.

7.6 The Role of Mortgage Servicers in Mediation and the Modification Underwriting Process
Presenter: Joseph McIntosh, McCarthy & Holthus, LLP, Poulsbo, WA

This session will focus on the obstacles beneficiaries face and what mediators should know to facilitate a more productive conversation. Learn what tactics are successful in speaking to the needs of the beneficiary. As a mediator you will have the opportunity to increase your understanding of why beneficiary representatives do and say some of the things they do, as well as possible legal consequences of what happens in the mediation session. Learn what the beneficiary needs to see to offer various modifications and to move the mediation forward.

Session Series 8
Saturday, March 30, 2013 11:30 a.m. – 12:45 p.m.

8.1 Lessons Learned from Washington Land Use Mediators
Presenters: Stacey Saunders, Law Office of Stacey M. Saunders, Silverdale, WA; Alison Moss, Dearborn & Moss PLLC, Seattle, WA; Claudia M. Newman Henry, Bricklin & Newman, Seattle, WA; Courtney Kaylor, McCullough Hill Leary, Seattle, WA

The WSBA’s Land Use and Environmental Mediation Committee (LUEMC) presents a panel exchange between land use litigators and mediators. The panel will explore case studies and post-mediation research on the land use mediation process and outcomes. Highlights from post-mediation interviews conducted with government representatives, developers, community leaders, neighborhood stakeholders, and legal counsel will be included throughout the discussion. Topics include “How and When Land Use Cases Make It to the Table,” “Why Cases Settle (and Why They Don’t),” and “Who Should Mediate—Implementing a Co-Mediation Model in Land Use Disputes.” The panel will also facilitate a small group mock-mediation exercise.

8.2 Using Your Conflict Management Training to Grow Your Business in the 21st Century
Presenter: Jason Dykstra, Mediator, Conflict Consultant, Coach and Speaker/Trainer, Cambridge, Ont.

You’ve spent thousands of dollars getting training to be able to do what you do best; Conflict Management. You got all the skills; you can actively listen, build trust and rapport, effectively communicate, reframe, and ask amazing questions. You’re all ready to open up a business and let the clients roll in! Except there is one problem, you don’t have the first clue about the evil “M” word; marketing. This presentation will show you how to use that conflict management training and focus it externally on social networks to begin to grow your referral sources, target your perfect clients, and grow your network!

8.3 Reciprocal Coaching to Avoid False Failure*
Presenter: Hon. Wayne Brazil (ret.), JAMS, Berkeley, CA

Mediation works best if all participants are working to keep the process on track. In this session we'll explore some common sources of "false failure" in mediation and how the mediator can help avoid them through coaching. We will examine not only how the mediator can guide the participants but also how the mediator can elicit guidance from them. We will describe social science research that mediators might use to explain specific coaching suggestions and identify some of the ethical issues that can arise in the coaching process.

8.4 Using ‘Yes, and’ to Reach Consensus/Reframing the Situation (improv)
Presenters: Andrew McMasters, Adina Gillett, Wing-It Productions, Seattle, WA

In this highly interactive presentation, participants are lead through a series of exercises to gain insight into their personal thought processes and clarity about listening and communication skills. Key issues covered: using ‘yes, and’ to reach consensus; reframing the situation; and understanding a personal responsibility for communication.

8.5 Identifying the Sometimes Elusive Emotions Driving Conflict
Presenters: Warren Olson, DRC of Kitsap County, Tacoma, WA; Sophie Morse, DRC of Kitsap County, Poulsbo, WA; Chuck Branham, DRC of Kitsap County, Bainbridge Island, WA

Conflict is energized by the emotions of parties. Mediator skill in perceiving and reporting feelings can provide insight for parties about themselves and create empathy for the other party. This presentation models methods used in the Kitsap Dispute Resolution Center’s basic mediation training to develop effective emotional feedback. Participants will practice using the method.

8.6 Net Present Value and FHA Loss Mitigation Analysis for Foreclosure Mediation
Presenters: Brian Haaland, Northwest Justice Project, Seattle, WA; Troy Klika, Northwest Justice Project, Seattle, WA

The presenters will discuss the how the Net Present Value can be utilized effectively, how to find neutral data sources for inputs and how and when to challenge the NPV.

 

*Workshops in the Advanced Skills Track: Mediating Litigated Cases

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