Promoting Informed Use and Best Practices for ADR in Washington
May 4-5, 2012
19th Annual Northwest Dispute Resolution Conference
5.7 Navigating Personalities and Emotions: Mediating Off-Road*
Panelists: Doug Noll, Noll Associates, Clovis, CA
Neil Denny, speaker, author and collaborative family lawyer, Bath, England
Stephen Goldberg, Professor of Law, Northwestern University Law School, Chicago, IL
Kathleen Wareham, Mediator, Arbitrator, Facilitator, Seattle, WA
Moderator: Lee Jay Berman, Mediator, PMA Dispute Resolution, Los Angeles, CA
Saturday, May 5, 2012 1:30 p.m. – 2:45 p.m.
Have you seen parties reluctant to close a deal even when an analysis of facts, the legal issues, or risk would encourage settlement? In this highly interactive session, a panel of experienced neutrals will explore how emotion and cognitive bias can impede settlement and identify interventions that advocates can respond with effectively.
Douglas E. Noll, Esq. is a full time mediator, specializing in difficult, complex, and intractable conflicts. Doug attended Dartmouth College, received his law degree from University of the Pacific McGeorge School of Law, and his Masters Degree in Peacemaking and Conflict Studies from Fresno Pacific University. He is an adjunct professor of law and chair of the board of trustees at San Joaquin College of Law. Professionally, Doug is AV-rated (the highest lawyer rating) and was a business and commercial trial lawyer for 22 years before turning to peacemaking. He is a Fellow of the International Academy of Mediators, a Fellow of the American College of Civil Trial Mediators and on the American Arbitration Association panel of mediators and arbitrators. He passionate about pragmatic, effective ways for people to find inner and outer peace in everyday conflicts.
Neil Denny is an international speaker and author specialising in conflict communications, collaboration and collaborative practice. He speaks regularly to groups across the America and the UK, where Neil lives, in Bath, with his wife and two children. Neil has an outstanding reputation internationally as an author and trainer on conflict resolution and other family law related matters. He is the author of Conversational Riffs: Creating Meaning Out of Conflict (2010) and The Collaborative Law Companion (2011). He is currently writing his third book, Do Collaborate, with yet another book, the keenly anticipated Grudgeology, also in development. Neil continues to practice and is a consultant collaborative practitioner with Family Law in Partnership (FLiP) in London where he is responsible for developing the firm's social media, training and development initiatives.
Stephen Goldberg is Professor of Law at Northwestern University, Chicago, Illinois, where he has taught negotiation, mediation, and arbitration. Professor Goldberg has been serving as a mediator, arbitrator, and dispute resolution consultant for 35 years. He is president of Mediation Research & Education Project, Inc, a member of the National Panel of Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution, and a member of the National Academy of Arbitrators. He is also a mediator of the International Court of Arbitration for Sport, a salary arbitrator for Major League Baseball and the Major League Baseball Players Association, and the Jobs Monitor for the United Mine Workers of America and the Bituminous Coal Operators Association.
Kathleen Wareham, J.D., is a full-time mediator with WAMS (Washington Arbitration and Mediation Service) in Washington State. She mediates legal disputes, drawing upon twenty-five years of legal experience in negligence, personal injury, civil rights, wrongful death, employment, government and public agency, professional negligence and probate, guardianship, and trust matters. She is certified to serve as a Rule 39.1 mediator for federal cases. In addition to mediating formal legal disputes, Ms. Wareham facilitates meetings, including family, fiduciary and business entity meetings, to help participants discuss and resolve or defuse sources of conflict. Ms. Wareham’s law degree is from Columbia University and she earned her BA in philosophy, with honors, with a minor in economics, with honors, from the University of Washington. Her mediation and facilitation training includes the Professional Mediation Skills Training Program at the University of Washington School of Law, WAMS Advanced Mediation Trainings, and annual ABA and Northwest Dispute Resolution Conferences. She is a frequent speaker on mediation advocacy skills, conflict resolution skills and mediation ethics. She is the author of Chapter 12 “Washington Mediation Ethics” in the WSBA Washington Legal Ethics Deskbook, 2009.