2014 Workshops

March 28-29, 2014
21st Annual Northwest Dispute Resolution Conference

See the full conference workshop lineup below. For a printer-friendly version of the the complete schedule, click here to download all the session summaries (pdf).

See the 2014 Workshop Tracks page for suggestions for sessions grouped in special interest tracks.

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Updated Materials - New!

Here you'll find updated materials for the 2014 presentations.

6.6 Brains on Conflict: Interpersonal Neurobiology & How the Science of Danger & Relationship Inform Conflict Resolvers
Presenter: Mark Baumann, Attorney at Law PS, Angeles Mediation, Port Angeles, Washington

Annotated Bibliography (pdf)  Two Pattern Worksheet (pdf)  Brains on Conflict - Updated (pdf)

For more materials see Mark's website page for NWDR Materials.

Friday, March 28, 2014

Registration
8:00 a.m. – 8:30 a.m.

Session Series 1
8:30 a.m. – 9:45 a.m.

1.1 Stress, Executive Function and Conflict Resolution
Presenter: John Medina, PhD, Affiliate Professor, Bioengineering, University of Washington; New York Times best-selling author of Brain Rules and Brain Rules for Baby

It is important for conflict mediators to understand the cognitive neuroscience of Executive Function. This cognitive model includes a suite of behaviors ranging from the ability to stay on task to emotional impulse control. This presentation describes some of the science behind Executive Function and ways to maximize it in both mediators and clients.

Break
9:45 – 10:00 a.m.

Session Series 2
10:00 a.m. – 11:15 a.m.

2.1 The Uses and Misuses of Apology in Mediation
Presenter: Peter Robinson, Managing Director, Straus Institute for Dispute Resolution, and Professor of Law, Pepperdine School of Law, Malibu, California

This workshop will explore the variety of meanings and purposes of apology, which can be used for healing or manipulation. We will discuss complex apology dynamics, when and how to encourage apology, and when to intervene to discourage a manipulative apology. This session will culminate in a discussion about a list of proposed variables affecting this analysis.

2.2 Is That Ethical? A Brief Comparison of Negotiation Ethical Rules and Social Theory*
Presenter: Jeanette Nyden, J.D., President J. Nyden & Co., Inc., Seattle, Washington

Attorney mediators will examine the Rules of Professional Conduct associated with attorney-conducted negotiations and compare those rules to influential social and political theory which support six social norms to follow when negotiating agreements. Practitioners will explore the difference between proscriptive ethical standards (what lawyers cannot do) versus what influential social and legal theorists (like Ronald Dworkin) suggest people ought to do to live in a socially just society.
*1.25 Ethics CLE Credits

2.3 Cancelled: Hidden Needs that Sabotage Mediation
Presenter: Joyce Lynn Elder, Emerald Empowerment LLC, Enumclaw, Washington

Learn to engage the hidden undercurrent that can sabotage mediation and settlements if not addressed. We will explore a process that yields an enhanced agenda, engaged parties, and increased chances of settlement and compliance. Addressing hidden needs is best used when parties are staying in a relationship such as workplace disputes and divorces where children are involved.

2.4 Healthcare Public Policy: Does ADR Have a Place?
Presenters: Kevin Harris, UW/WSU William D. Ruckelshaus Center; Michael Kern, Director, UW/WSU William D. Ruckelshaus Center, Seattle, Washington

Healthcare public policy is often developed outside of a collaborative process. Disputes, conflicts, and litigation are frequent results of a lack of understanding and effective collaboration between public and private payers, providers, plans, unions, advocates and consumers. This roundtable session will explore new ways to bring dispute resolution techniques into the healthcare sector.

2.5 Foreclosure: Different Loan Types and the NPV
Presenters: Brian Haaland, Northwest Justice Project, Vancouver, Washington; Troy Klika, Northwest Justice Project, Tacoma, Washington

The goal of this session is to go into the Net Present Value and Federal Housing Authority inputs to see what they are, why they are important, and how they affect the mediation conversation. We will address the changes and relevant data in the NPV/FHA discussion. The presenters will walk the audience through the basics of the NPV and then demonstrate, through examples, how one input can have a drastic impact on the results at mediation. Discussions of the FHA waterfall will include how changes to FHA mortgagee letters have altered the evaluation and modification of loans.

2.6 Extinguishing Workplace Aggression: Understanding & Preventing Rage
Presenter: René-Marc Mangin, Ph.D., MBA, Conflict Resolution and OD Consultant, Vancouver, Washington

The session will present two models that explain the causes of explosive aggression (from threats to shootings) in a workplace or community and the conditions that foster it. The two models derive from extensive case study research and have been developed to help professionals prevent explosive rage and aggression.

2.7 The Anatomy of A Healthy Arbitration: A Dissection by the Masters
Presenters: Serena Lee, Vice President, San Francisco Regional Office, American Arbitration Association (AAA), San Francisco, California; Philip Cutler, Cutler Nylander & Hayton, Seattle, Washington; Julia Holden-Davis, Garvey Schubert Barer, Anchorage, Alaska

Do you know what a healthy arbitration looks like? Come to this highly interactive session and watch the detailed dissection of this “creature of contract” by a panel of leading arbitrators who will identify good choices attorneys and neutrals can make at various points of the arbitral process to ensure clients are provided with a fast, efficient, and fair arbitration. Attend this practical session if you want to avoid inflating the costs and time of your next arbitration!

Break
11:15 – 11:30 a.m.

Session 3
11:30 a.m. – 12:45 p.m.

3.1 Restorative Justice is a Tool to End Disproportionality in Discipline
Presenter: Nicholas Bradford, Restorative Justice Center of the Northwest, Port Orchard, Washington

Restorative Justice is a policy solution to the problem of disproportionality of discipline given to students in our schools. Suspensions are more often given to African American, Native American, and Hispanic youth, and these suspensions correlate strongly (across broad academic research) to youth dropping out of school and further negative post-secondary outcomes like crime and incarceration. Across the state and nation, as we begin to take this problem seriously, many tools and programs have been implemented in our schools to address this untenable situation. Restorative Justice is the only solution that addresses the systemic forces youth of color experience in academic settings. Restorative Justice can be used to address cultural barriers to strong relationships and the systemic pressures on youth of color to drop out of school.

3.2 Structuring Negotiations for Success in Mediation
Presenters: Warren Olson, Mediator & Trainer; Sophie Morse, Training & Internship Coordinator; Charles Branham, Mediator & Trainer; DRC of Kitsap County, Silverdale, WA

Negotiations in mediation are often a “free hand” exercise relying on miraculous reconciliations that result in agreements. We will present a transparent step-by-step negotiation process to help mediators systematically prepare clients and manage the give and take of negotiations. The relatively straightforward concepts require attentive application, as the mediator plays an active role in facilitating negotiations. Participants will be asked to apply steps in abbreviated mock situations. 

3.3 Breaking Impasse through Pattern Interrupts
Presenter: Sharon Sutherland, Professor, University of British Columbia Faculty of Law, Vancouver, B.C.

Participants will have the chance to work with a prototype “mediator’s impasse breaking card deck.” Participants will also work with other creativity-stimulating tools. They were designed for facilitators and teachers but work well within mediation and negotiations. Bring your curiosity plus iPhones, iPads, and favorite mediation apps. The workshop is suitable for all participants, but will appeal most to intermediate and advanced practitioners.

3.4 Heartfelt Communication and Conflict Resolution Systems Design in Marital, Couple, and Family Conflicts
Presenter: Kenneth Cloke, Center for Dispute Resolution, Santa Monica, California

Marital, couple, and family conflicts are often cyclical, chronic, and systemic. For this reason, they are amenable to systemic analysis and resolution by altering them at their chronic sources and by applying the preventative methodology of conflict resolution systems design. 

The central difficulties with traditional forms of systems design are that they do not recognize the emotional significance of conflict within the relationship, are not grounded in the heart, and do not address the intimate, relational aspects of marital, couple, and family conflicts. These are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are informed by the heart.

Systemic emotional issues are difficult and dangerous to mediate because they lie at the heart of what holds the relationship together. Simply discussing, let alone negotiating or resolving them, contains the possibility of greater divergence, separation, and loss; yet also the possibility of understanding, renewal, and transcendence.

3.5 Keeping It Real: Authenticity in Judicial Mediations
Presenters: Hon. Ricardo Martinez, U.S. District Court, Western District of Washington, Seattle, Washington; Hon. Edward Leavy, U.S. Court of Appeals for the Ninth Circuit, San Francisco, California; Chris Goelz, Circuit Mediator, U.S. Court of Appeals for the Ninth Circuit, Seattle, Washington
In this moderated discussion, Judges Leavy and Martinez will discuss their approaches to mediation. We will explore issues including the role of authenticity in their settlement work and how being a sitting judge affects their ability to connect with parties and counsel. We will touch on ways that the litigation mind-set is affecting mediation and steps they take to help parties make constructive decisions in resolving disputes.

3.6 Foreclosure Fairness Act (FFA) Mediators Learn the Power of NO
Presenters: Kimberly Koch-Hult, Foreclosure Mediation Program Coordinator, Community Mediation Services, Vancouver, Washington; Maralise Hood Quan, Executive Director, Pierce County Center for Dispute Resolution, Tacoma, Washington

Mediators are peacemakers. Mediators know people can reach amazing agreements that are mutually satisfactory. What happens if the parties can’t agree to meet? During the three years of foreclosure mediations we have discovered how the mediators professional bias towards peacemaking has made our work difficult. Issues of statutory timelines, realities of the parties’ inability to produce the work within those timelines and the requirement to make a “good faith determination” have been huge challenges. What best practices have we identified as mediators? What are the consequences of a mediator saying no to the parties? What about impartiality in the process of saying no?

3.7 What’s Bad Faith Got to Do With It?
Presenter: Christopher Soelling, Christopher J. Soelling PLLC, Seattle, Washington

A frequent complaint in mediation is that the other side is negotiating in "bad faith." In this interactive discussion, we'll talk about whether behavior is really bad faith or just someone who doesn’t like the opposition’s number or bargaining style. Does it matter if one of the parties is an insurance carrier? If it appears to the mediator that bad faith exists, what can be done about it? Does a party or the mediator have the right or the duty to report bad faith to the court? Who has the power to punish bad faith, and what can that punishment be? Court rules, mediation statutes, and judicial decisions will help focus the discussion.

Lunch
12:45 – 2:15 p.m.
Lunch is provided. Network with your colleagues, attend the WMA annual meeting or watch Session 2 video replays.

Session 4
2:15 – 3:45 p.m.

4.1 The Choreography of Resolution: Physical Intelligence in Dispute Resolution
Presenter: Michelle LeBaron, Professor of Law, Director of Dispute Resolution, University of British Columbia, Vancouver, B.C.

Most conflict resolution work focuses on mental, analytic abilities. Yet conflict lives in our bodies and resolving it necessarily involves movement. In this workshop, we will explore how our bodies map differences and how these largely-unconscious maps guide us, revealing possible options and foreclosing others. Through activities, dialogue and reflection, we will examine how physical intelligence helps expand awareness, increase flexibility, and promote healthy boundaries.

4.2 Why Does Anyone Mediate if Mediation Risks Psychological Dissatisfaction, Extra Costs and Manipulation? Three Theories Reveal Paradoxes Resolved by Mediator Ethical Standards*
Presenters: Sam Imperati, Institute for Conflict Management, Inc., Portland, Oregon

Three paradoxes afflict mediation. First, if self-determination is a psychological need motivating the parties and the mediator, how can the parties and the mediator jointly satisfy their potentially conflicting needs? Second, if parties are having difficulty resolving their conflicting individual interests and incurring costs in the process, why would they invite a third party into the conflict who has his or her own interests and adds costs? Third, if it is impossible to guarantee that any collaborative decision making process can be immune to manipulation by one of the participants, including the mediator, why would parties expose themselves to the risks of mediation? Three mutually reinforcing theories reveal these paradoxes: Self-Determination Theory, Transaction Resource Theory, and Collective Choice Theory. The analysis demonstrates how professional organizations and states can resolve the three paradoxes by crafting mandatory standards of ethical practice for mediators.
*1.50 Ethics CLE Credits

4.3 Groups in Conflict: From Chaos to Synergy
Presenters: Tsipora Dimant; Carley Berkey, Beaverton Dispute Resolution Center, Beaverton, Oregon; Laura Swartz, Mediator, Portland, Oregon

In this workshop, we will take participants through the process of intervening as a neutral third party in a group in conflict. We will discuss practices ranging from case assessment to group facilitation to follow-up by exploring a number of different approaches to help group dynamics shift from polarization to synergy.

4.4 It’s in the Cards: Interactive Exercises for Teaching Conflict Resolution
Presenters: Gary Harper, Harper & Associates, Burnaby, BC; Jory Faibish, Justice Institute of BC, Simon Fraser University, Vancouver, BC

To follow up on Gary’s previous Northwest Dispute Resolution Conference presentations, this workshop allows participants to experience three card-based exercises and explore ways to integrate those exercises into their own conflict resolution training. The exercises will range from variations of Thiagi’s Practical Advice Cards for Managing Conflict, a conflict style energizer to the multi-purpose Conflict Skill Cards. The presenters will also debrief each exercise from both a participant and trainer perspective.

4.5 Social Emotional Constructs: The Art & Science of Designing Effective Collaborations
Presenter: Jennifer Kresge, Mediation, Training & Counseling Services, St. Helena, California

Self-awareness, self-regulation and resilience compose a strong component of who we are. They are also instrumental in developing conflict, negotiation, and resolution. We are the most socially interdependent mammals known to exist, yet many of us are not adept at managing our social world. Exploring how we process information, the creation of meaning, and how these constructs develop and function, we will discover the connections that make a difference in investment and meaningful and purposeful negotiations. We will learn what brings true meaning and investment in each other and collaborative resolution building.

4.6 Polarities: Working with Unsolvable Dilemmas
Presenters: Donna Lurie, Lurie Workplace Solutions, Woodinville, Washington; Yarrow Durbin, Courage Work, Seattle, Washington

Join us in a conversation to define polarities and distinguish polarities from problems. Learn why it matters to know the difference. Identify key polarities, explore how polarities work, and consider how this model can assist with mediation and facilitation. Practice how to map a polarity, identify action steps, spot early warning flags, and apply polarity thinking to specific mediation and facilitation challenges. Real life case studies will provide the foundation for our conversation.

4.7 He said, She Said: A Mediator’s Approach to Memory Errors
Stephanie Bell, Straus Institute for Dispute Resolution, Pepperdine University school of Law, Malibu, California

Einstein, observing what recent memory research has shown, said, “Memory is deceptive because it is colored by today’s events.” Mediators also could have reported that memory errors play into the calcification of conflict narratives and influences negotiation themes and rhetoric. This interactive workshop is a brief overview of the emerging science on memory (misattribution, transience and suggestibility.) Understanding how we remember is a critical tool for mediator neutrality. In addition, this interactive session explores new mediation models and interventions to defuse conflict that emerges from discrepant recollections.

Break
3:45 – 4:00 p.m.

Session 5
4:00 – 5:15 p.m.

5.1 The Problem of Fairness in Commercial Mediation
Presenter: Fredrick D. Huebner, Arbitration/Mediation/Neutral Evaluation, Seattle, Washington

This session explores what behavioral economics and game theory tell us about ‘Fairness’ and how the parties’ quest for “fair” results can result in failed negotiations. We will discuss how to overcome misguided notions of fairness to reach economically rational results and to deal with special problems such as negotiating or refusing to negotiate with evil, the appearance of fairness, the neutrality obligation and the pro se mediation participant.

5.2 Laissez-Faire or Absolute Scrutiny: A Menu of Options for Balancing Neutrality and Fairness*
Presenter: Peter Robinson, Managing Director, Straus Institute for Dispute Resolution, and Professor of Law, Pepperdine School of Law, Malibu, California

This workshop will consider the variety of assumptions or thoughtful philosophies mediators have about ethical duties towards neutrality and fairness. These views have far reaching ramifications on mediator practice and technique. This interactive session will culminate in exploring whether the Model Standards of Practice provide surprising guidance on this foundational issue.
*1.25 Ethics CLE Credits

5.3 Difficult Conversations: Can Food Help?
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 key features of dispute resolution with findings from food studies research about mealtime activities and difficult conversations, and we will discuss a case study of an attorney who uses food in his mediations involving disputants from diverse cultural and ethnic backgrounds. Participants will be asked to provide examples from their experiences with food and with dispute resolution and to consider what professional lessons might be learned.

5.4 Land Use Mediation: Bridging Policy and Practice
Presenters: Michael Kern, Director, UW/WSU William D. Ruckelshaus Center, Seattle, Washington; Claudia Newman, Bricklin & Newman LLP, Seattle, Washington; Laurel Singer, Peter Harkema, Oregon Consensus, Portland State University, Portland, Oregon; Leonard Bauer, City of Olympia, Olympia, Washington; Nina Carter, Washington Growth Management Hearings Board, Tumwater, Washington; Darren Nichols, Columbia River Gorge Commission, White Salmon, Washington; Jim Rue, Oregon Department of Land Conservation and Development, Salem, Oregon (invited)

This interactive session will bring together those who work on land use conflicts from the state or regional policy scale with those who work at the site- or project-specific scale, to discuss how these levels function, differ and overlap, and what those at either scale can do to assist the other.

5.5 The Tipping Table: Mediating Foreclosure Cases on A Perilous Incline
Presenter: Meredith O. Bruch, Northwest Justice Project, Yakima, Washington; David Kauffman, Northwest Justice Project, Everett, Washington

As both an advocate and a former Foreclosure Fairness Act mediator, Meredith is acutely aware of the imbalances that tip the table in foreclosure mediation. Mediators and advocates struggle to balance this. In the struggle to balance the table, as a means of insuring fully informed and voluntary decisions, procedural fairness, a quality process, and generally meeting the requirements of the FFA, the Uniform Mediation Act, and the Standards of Practice for Mediators, the participants will discuss the following questions regarding foreclosure mediation in Washington: (1) who is really at the table; (2) who truly participates at the table; (3) do parties listen to their advocates; (4) do the advocates know the law; (5) does this matter, and if so what can you do about it; and (6) is it ever possible to balance the table given those realities. Mediators should think about these questions in order to meet their responsibilities as third party neutrals.

5.6 Back to the Reptilian Brain: Understanding Motivation in Conflict
Presenter: Andre Koen, AM Horizons Training Group, Minneapolis, Minnesota

When we are in conflict we are not thinking, or emotions can cloud our thinking, and we are responding to our primal urges. This session examines how the primal brain gets its needs met, and methods we can use to help it get what it wants.

5.7 Will Mediate for Money
Presenters: Chris Sheesley, MA, In-Accord Inc., Portland, Oregon; Stephanie L. Hartman, Catalyst Performance Consulting, Hood River, Oregon

All dressed up with conflict resolution skills but have no place to go? Unfortunately, you are not alone in feeling challenged by how to get clients to pay for your expertise. This workshop is a crash course to teach you how to run your mediation practice like a business. Think of this workshop as an upgrade kit to convert your lawnmower into a racecar.

Reception – Burke Museum
5:30 - 6:30 p.m.

Saturday, March 29, 2014

Registration
8:00 a.m. - 8:30 a.m.

Session 6
8:30 – 9:45 a.m.

6.1 The Art of Negotiation: Practice Pointers for Enhancing Settlement Skills*
Presenters: Hon. Paris Kallas (ret.), JDR, Seattle, Washington; Hon. Bruce Hilyer (ret.), JDR, Seattle Washington; Kathleen Wareham, WAMS, Seattle, Washington

The session will explore the art of negotiation and how attorneys can improve their negotiation skills when settling matters for clients.
*1.25 Ethics CLE Credits

6.2 From Angry Spouses to Successful Co-Parents: Insights and Strategies
Presenters: Karen Bonnell,MS, Bellevue, Washington; Kristin Little, MA, Seattle, Washington

Mediators understand the value of a team. Two unique and important roles, Child Specialist and Divorce Coach, offer mediators options for preparing divorcing couples who need guidance to have successful follow through post mediation. The divorce process offers guidance on the “what,” but can be different on the “how.” We fill in the blank. Karen and Kristin teamed up to write a handbook scheduled for publication summer 2014 for both professionals and parents on implementing the post-divorce parenting plan. The presenters will openly share the “tricks of their trades” that strengthen co-parents, make the divorce transition more constructive and intentional, and ultimately prepare parents up for successful implementation of their parenting plan -- a functioning co-parenting relationship.

6.3 Taming the Abrasive Client Using Boss Whispering
Presenters: Colleen McGough, M.Ed., Leadership Coach, Seattle, Washington; Lynda Prendergast, Ph.D., Insight Leadership Partners Seattle, Washington

This workshop will provide information and resources for anyone who works around, or knows, an abrasive person. We will present time tested strategies and research addressing why people resort to interpersonal aggressiveness and deny the destructive impact of their behavior. We will discuss what we can do to effectively get them to behave in a civilized manner. Content of the workshop is based on the book Taming the Abrasive Manager, by Laura Crawshaw, Ph.D.

6.4 Land Use and Natural Resource Management Disputes
Presenters: Martha Wehling, Phillips Wesch Burgess, PLLC, Olympia, Washington; Jennifer Arnold, Bonneville Environmental Foundation, Portland, Oregon

This workshop will provide a background of the law that sets the legal framework governing two high profile natural resource management disputes in the Pacific Northwest: the Northern Spotted Owl and the Marbled Murrelet. The presenters will focus on legal limitations on state and federal agencies and private landowners compared to public perceptions of the role of landowners in conservation services. Participants will discuss how the public can work effectively with agencies, when and how to use an attorney, and the role of alternative dispute resolution in policy debates over land management issues.

6.5 Community Conversations: Bringing Divided Communities Together
Presenters: Paul Shelp, Executive Director, Dispute Resolution Center ‘Tri-Cities, Kennewick, Washington; Darrell Puls, President, Puls Conflict Management Associates, Kennewick, Washington

Communities are divided when they attempt to address “hot topics” such as healthcare, gun control, politics, religion, abortion, and others. Community Conversations is a proven process that brings deeply divided communities into the same room and engages them in civil discourse of even the most emotionally charged Community Conversations. The result is a greater understanding of various facets of the issues, and a deepening respect between the parties.

6.6 Brains on Conflict: Interpersonal Neurobiology & How the Science of Danger & Relationship Inform Conflict Resolvers
Presenter: Mark Baumann, Attorney at Law PS, Angeles Mediation, Port Angeles, Washington

Conflict is deeply affected by neuro-bio-psychological drives, developed through evolution, and designed to protect us from danger and to stay in relationship. This workshop will review current research applicable to lawyers, mediators, etc., describing core neurobiological and psychological drives will be reviewed. From this bedrock foundation, the presenter will offer solutions that flow from the underlying drivers of conflict. Mark Baumann, session presenter, will review: Dr. Stephen Porges Polyvagal Theory and the battle of the fight-flight-freeze system vs. the Social Engagement System; Iain McGilchrist’s neuro-hemisphere theory including research connecting rejection and aggression; and attachment theory with a particular emphasis on Dr. Patricia Crittenden’s perspectives. Mark will then explore the significance for conflict resolvers, including the concept of equipoise, the crucial elements of staying in relationship, and a 4-step process for integrating brain-body function to enhance problem solving skills. This workshop is informed by Mark’s experience and his recent graduate credit certificate in Interpersonal Neurobiology (LL.M. equivalent).

6.7 36 Mediation Techniques
Presenter: Professor Bob Collins, Director, Cardozo Law School Divorce Mediation Clinic, New York, New York

While good intentions are necessary, they are not sufficient in becoming a truly professional divorce mediator; skills matter…and can be learned!

This session will introduce participants to thirty-six essential techniques that Bob Collins has distilled from his thirty-plus years of practice as a divorce mediator - explaining and illustrating the interventions and "moves" that he's discovered to be most helpful, and assisting participants to incorporate them into their own repertoires. The goal of the session is to understand how to become a reflective, rather than a merely reflexive, mediator by adding specific, concrete "tools" to the professional's skill set that can help smooth the path towards progress when the mediator - or the couple - are feeling stuck. After explaining the derivation, use and purpose of each of these mediation interventions, Bob will lead the group in exercises crafted to teach the artistry of selecting - and the skill of applying - these interventions in predictable mediation moments.

Break
9:45 – 10:00 a.m.

Session 7
10:00 – 11:15 a.m.

7.1 Pre-Mediation Conferences: Setting the Stage for Success
Presenter: Dee Knapp, Accord & Collaboration, Seattle, Washington

Can pre-mediation conferences increase the chance for success in mediation? When and how are they used? This session will help you decide when to use a pre-mediation conference and how to do so effectively. You will gain skills that will help you prepare disputants for collaboration, learn best practices from the presenter and your colleagues, and have fun doing so. The session will include short exercises and opportunities to practice skills.

7.2 When to Quit Your Day Job
Presenters: Monte Bersante, Tom Harris, Larry Levy, WAMS, Seattle, Washington

While the evolution of a full-time professional mediation practice is a unique experience, a neutral faces common pitfalls and challenges when transitioning from advocate to mediator. This presentation will explore those challenges at different stages in their careers utilizing specific case examples and engaging in an interactive dialogue with the audience.

7.3 Situation Assessment: Identifying Issues, Interests and Dynamics in a Public Policy Dispute
Presenters: Chris Page, Project and Development Lead; Amanda Murphy, Project and Research Specialist; Michael Kern, Director, UW/WSU William D. Ruckelshaus Center, Seattle, Washington

This interactive session will provide an introduction to and examples of the situation assessment, an interview-based effort to explore relevant issues, interests and dynamics between and among involved parties to a public policy dispute. This is a common first step in exploring whether a potential collaborative process would be productive.

7.4 101 Year Old Ghost: Dealing with Race & Historical Trauma
Presenter: Andre Koen, AM Horizons Training Group, Minneapolis, Minnesota

Race, Historical Trauma, and Whiteness are often artificial barriers to conflict resolutions and restorative justice. As practitioners, we need to consider a new conversation about these issues whether they are in the forefront or not.

7.5 I Was Sued and I Didn’t Like It: Early Mediation
Presenter: Sherman Knight, Knight Dispute Resolution, Kirkland, Washington

The misery of litigation is indescribable. Sherman Knight will illustrate how he learned, firsthand, what misery really is and how it changed the way he would counsel his clients about the benefits of early mediation. The presenter will discuss what works and what does not work in early mediation.

7.6 Foreclosure Mediation: Not In Good Faith Certification
Presenters: Lili Sotelo, Senior Attorney, Foreclosure Prevention Unit; Ariel Speser, Staff Attorney, Foreclosure Prevention Unit, Northwest Justice Project, Seattle, Washington

This presentation centers on the legislative intent behind the good faith provision in the Foreclosure Fairness Act and highlights objective criteria mediators can use to determine good and bad faith. The presenters will engage with the audience about common scenarios and pitfalls made by both mediators and advocates. During mediation, what are some best practices to avoid arguing good or bad faith? How can mediators and advocates leverage a not in good faith certification to reach a mutually beneficial resolution? If the mediator finds a lack of good faith, is it game over or just a game changer? This session is targeted for an intermediate level audience, which would include attendees who have at least some familiarity with the Department of Commerce’s Foreclosure Mediation Program. This session will be engaging for all levels of experience so anyone interested in, or who has experience with foreclosure mediation, is encouraged to attend.

7.7 Scrivener’s Dilemma: Mediators Who Draft Settlement Agreements (WSBA Advisory Opinion 2223)*
Presenters: Leslie Grove, Attorney for Collaborative Law, Spokane, Washington; Professor Bob Collins, Director, Cardozo Law School Divorce Mediation Clinic, New York, New York; Don Desonier, Counselor at Law, Mercer Island, Washington
Moderator: Stephanie Bell, Straus Institute for Dispute Resolution, Pepperdine University school of Law, Malibu, California
Session Organizers: Leslie Grove, Attorney for Collaborative Law, Spokane, Washington, Rina Goodman, Transforming Conflict PLLC, Seattle, Washington

Washington State Bar Association Advisory Opinion #2223 cautions that by drafting Property Settlement Agreements and other documents for unrepresented parties, attorney mediators are practicing law and representing adverse parties in violation of the Rules of Professional Conduct. The panelists, who are all lawyer-mediators, will discuss the impact of this Advisory Opinion on all mediators and the general public. In particular, they will address the complex issues that are implicated, including traditional mediation training and practice, party self-determination, standards of practice, party economics, and access to justice. Bob Collins, who trains mediators all over the country, will offer a national and historical perspective. Don Desonier will trace the evolution of his own thinking on the topic throughout his career. Leslie Grove will chronicle how the interaction of rules, customs and opinion can dramatically affect both lawyer and non-lawyer mediators, their parties, and the integrity of the profession. Moderator Stephanie Bell will facilitate the discussion.
*1.25 Ethics Credits

Break
11:15 – 11:30 a.m.

Session 8
11:30 a.m. – 12:30 p.m.

8.1 The Language of Conflict and the Dance of Opposites
Presenter: Kenneth Cloke, Center for Dispute Resolution, Santa Monica, California

The language, syntax, metaphors, myths, archetypes, and narrative assumptions common to conflict conversations make it difficult to de-escalate violence, transform debates into dialogues, and come to grips with the painful issues that inform our most important conflict resolution choices. It is common in conflict to make accusations, construct stereotypes, adopt moral rationalizations and denials, and create false absolutes regarding our opponents in order to justify our own distancing, adversarial, and unconscionable behaviors.

How can mediators transform ordinary conflict conversations at the level of individual words and phrases? Is it possible to bring a meditative, interest-based sensibility to the language of conflict, and turn hostile denunciations and debates into appreciative disagreements and engaging dialogues? Is it possible to alter pronouns, verbs, and conflict syntax to encourage deeper levels of empathy and understanding, even in political language?

This conference has been approved for 10.00 CLE Credits in Washington (includes 6.50 CLE Ethics Credits for Session 2.2 Is That Ethical?; Session 4.2 Why Does Anyone Mediate?; Session 5.2 Fairness/Neutrality; 6.1 The Art of Negotiation; 7.7 Scrivener’s Dilemma: Mediators Who Draft Settlement Agreements).

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