Fall 2007 |
|---|
CCMO exchanged its annual conference for a share in Colorado's first ADR Conference, held Friday, Sept. 28, in Denver. More than 300 people attended the conference, whose planners included CCMO, the Colorado Bar Association, the state's Office of Dispute Resolution, and several other Colorado ADR players. Three plenary sessions included panelists representing the three branches of government, an ethics discussion, and a luncheon address by Ken Feinberg, Special Master of the Federal Sept. 11th Victim Compensation Fund of 2001. About 40 presenters led sessions organized into four tracks: community/restorative justice, civil/commercial, workplace, and family. It was the first event of its kind in Colorado, attracting participants from throughout the state and around the field of mediation. In addition to being one of the three founding organizations and serving as a major planner, CCMO staffed a table at the conference and signed up about a dozen new members. Planning for next year's conference has begun already; if you'd like to be part of the process, contact Janet Dampeer, CCMO's representative on the joint planning committee, at: koindampeermediator@comcast.net
|
Who Should Mediate? This is a complicated question, although for the most part unsullied by government. At this time, however, I am more concerned with the personal qualities an individual has developed than the form of training. It goes without saying that in Colorado a 40-hour training is required to apply for most positions as a mediator, and either additional training and/or experience is either required or valued. Further, in Colorado, one is encouraged to co-mediate in at least the initial stages of one's development as a mediator. Compassion is the first quality that appears to be necessary to function well as a mediator. The parties have come to mediation at a time when they cannot solve their own problems. This is a crisis. Rather than choosing to have an authority (figure) such as judge or arbitrator solve their problems, they have chosen to try to do it themselves. You need to be able to feel their pain, their confusion, the intermixture of their thoughts, desires and needs and facilitate their straightening the emotional and mental vortices out. Patience is an important attribute. In the mediation process people have to work through their feelings in order to think clearly. You can't rush this. In your training you have learned how to let the parties express their emotions, while redirecting and restating so as to limit the damage they do to each other. Patience may be tried as parties revisit their feelings and obstacles. The mediator has to be there with them and gently redirect the energy. Respect is of utmost importance. Everyone has sensitive antennae: they can tell whether you believe in them or not. If they sense that you do not respect them, your ability to facilitate is substantially impaired. Kindness. During mediation and/or litigation, enormous waves of emotionality can surface. Every mediation room has or should have a box of tissues available. Small kindnesses demonstrated by the co-mediators can change the possibility of a positive outcome by providing a supportive atmosphere. Passion and desire to help the parties resolve the issues is necessary particularly when the going gets tough. Then the personal qualities of intelligence, creativity, and intuition start to click in, in concert. It's hard to know the fine lines between intuitive intelligence and creative problem solving, but the adroit mediator draws upon their her resources to provide insight and emotional support so that the parties may see matters anew. Adroit mediators draw upon their life experiences to offer aid to the would-be combatants. A mediator may have graduate degrees in law, social work, psychology, business, accounting, or other fields. The discipline acquired in such work is useful. Some mediators have been advocates for clients or have been judges. As such they may have additional insights into how our society works and how a court may view a problem. Such an individual may provide examples of what a court may see, of best and worst alternative outcomes. This can be very useful to parties; on the other hand, the mediator cannot cut to the chase and forego the steps of emotional venting, statements of formed issues, and increasing collaboration. Everyone draws upon their life experiences, but there is a science to conflict resolution as well as an art. The mediator should be versed in the different approaches to mediation and conflict resolution. So this begs the question: Who should mediate? My first thought is "everyone." Each of us as humans have psychological issues, financial issues, health issues, legal issues and social issues. We are learning to become pro-active in health care, to understand law, to learn about business. Every businessman needs to understand business law and accounting, for example. We each need to learn about conflict resolution. It should be taught explicitly from elementary education on. Some individuals will demonstrate a talent and a joy and will choose to make a career or at least avocation in this area. But everyone will find opportunities where knowledge of conflict resolution will be valuable in their lives, in the lives of their friends and family. The model of mediation and conflict is resolution is that one can take responsibility in participation in the solution of one's social problems. This is the mature and enlightened approach. These qualities of the "mediator" should be expressed in work, family, confrontations and wherever appropriate. In an enlightened society, everyone would be trained in mediation and conflict resolution as well as in first aid, in personal health care, in the laws of our society, in basic psychology, and in ecology. This is adapting to the world we live in. Who do you think should mediate? Please send comments to jonmillerlaw@gmail.com
|
September 4, 2007 – Prince Cedza Dlamini, an impassioned humanitarian, social entrepreneur, visionary and grandson of South Africa’s former president, Nelson Mandela, will speak in Denver about Interconnectedness and Conflict Resolution in honor of International Conflict Resolution Day on October 18 this year. The event is being held in honor of International Conflict Resolution Day, which was designated the third Thursday in October by the Association for Conflict Resolution three years ago. The purpose of the day is to raise awareness of alternatives to violence in resolving conflict. “People choose nonviolent solutions when they know how manageable and powerful they are,” said Mary Zinn, a local conflict resolution expert and organizer of Colorado’s Conflict Resolution Day events. “Having a safe and sane community won’t just happen by itself. We must step up, take responsibility, and create civility at all levels – in relationships and friendships, in families and organizations, in cities, states and nations. That is why we are organizing Conflict Resolution Day, to provide opportunities for people to learn how to resolve conflicts peacefully.” Colorado ’s Conflict Resolution Day organizers are inviting Colorado non-profits, civic organizations, congregations, schools and clubs around the state to host their own events as well. Organizers have pledged to provide speakers, presenters, and workshop leaders to all those who request it, statewide, free of charge. To plan an event and to request a speaker, individuals may go to www.cocrday.org. “Remember Earth Day?” asked Maureen Wade-Coghlan Mediator and a fellow organizer of the Conflict Resolution Day Events. “It was phenomenally successful in raising awareness about the importance of the environment and taking care of our Earth. We planted trees; we implemented recycling programs around the country. Imagine if we could create that kind of participation in peacemaking and conflict resolution!” Prince Cedza Dlamini will deliver his keynote address on October 18 on the Auraria campus in Denver from 1:00-2:30 at the Tivoli Student Union. He will present the South African concept of Ubuntu, a value system based on compassion, respect, integrity, and tolerance of others and provide a pragmatic means of resolving conflict on a local, national and global scale. And he will share stories of how South African Leaders such as his grandfather and Desmond Tutu drew upon these values to end Apartheid. More events follow. From 3:00-4:30 PM, You Never Listen to Me!!! Strategies for healthy problem-solving in relationships. Tivoli Turnhalle Balcony, 3-4:30 PM, Dr. Mary Ann Watson, Metropolitan State College, Department of Psychology. Also, Conflict Resolution: Why Can't We All Just Get Along? Conflict Resolution between Diverse Communities, Tivoli Multicultural Lounge, Professor Ralph Rojas, Metropolitan State College, Department of Criminal Justice. From 5:00-5:30, the Colorado Council of Mediators will host a reception, and from 5:45 -6:15, Prince Dlamini will recap and deepen his discussion of Ubuntu and South African Conflict Resolution. All of these events on the Auraria campus are free and open to the public. In observance of International Conflict Resolution Day radio programs about processing conflicts will be aired on KGNU -- 88.5 FM and 1390 AM -- are scheduled for noon to 1 PM October 15 and as a portion of the Morning Magazine at 8:30 to 9:30 AM on October 18.
|
To Certify or Not to Certify, That Is the Question Over the past seven years as I have invested hundreds of hours marketing mediation services, educating the public, and joining countless others in applying for the few mediation related “jobs” that offer a predictable source of income, the phrase, “Don’t quit your day job,” has rung far too loudly in my ears. But what if mediation is your day job? What if it is the profession in which you have chosen to channel your full energy and commitment? Never mind that the case load is so low that you barely cover operating expenses. And never mind that mediation is currently being touted as being “the wave of the future.” You believe in it and you want to be at the crest of that wave. The only problem is finding a way to pay the bills until the tide turns. What’s a mediator to do? As I see it, there are two major obstacles to overcome: 1) The public’s understanding of the process and knowledge that it is a viable option for them; and 2) The reputation of the mediator professional and his/her qualifications. After repeatedly hearing variations of “Now, what exactly is mediation?” and “Yeah, but mediators don’t need anything …anybody can just hang out a shingle,” I can honestly say that I am tired. I’m tired of feeling like a medicine barker of yester-year whose job it is to convince my public about the magic wonders of my elixir. I’m tired of pitching the process to every potential client who calls. I’m tired of countering objections from professional network resources. I’m tired of taking the time, individually and repeatedly, to answer the same questions, to explain the same process, to jump the same hurdles. In short, I am tired of having to validate my profession. Should a peaceful settlement service really be so hard to sell? With approximately 200 hours of training under five different models and over 200 hours of practical experience, a person in any other profession would have some sort of publicly recognized degree or credential to show for his/her commitment. Even though my personal growth process in the mediation field has produced a much stronger commitment and (knowledge) that I am doing what I want and should be doing with regard to intrinsic career rewards, I still feel as if I am scrambling for credibility and knowledge. In speaking to mediators candidly, many will admit that there is a real hit and miss approach to preparing for this profession. And only a few (none that I know personally) are able to support themselves solely on their mediation practice. It’s time we roll up our sleeves, evaluate our commitment, and create some definition, structure and credentials. Let’s face it, most mainstream white and blue collar professionals hold something in the way of licensure, certification, or degrees. This creates a sense of credibility and commitment. It gives the public a respect and acceptance of the profession. Like it or not, credentials validate and legitimize the professional. The public wants it. The public needs it. They tell us this in a variety of ways. Recently on a local early morning t.v. news segment, mediation and a particular mediator were spotlighted. The report, erroneous though it was, concluded with a brief explanation of fee ranges and other details regarding local “certified” mediators. Too often people have opted to enter the mediation profession because it is unregulated and easily accessible. If mediation truly is the wave of the future, it is in the hands of today’s professionals to take a proactive role in designing and refining that wave. That means many of us will have to prove ourselves yet one more time. Some of us might even have to take a few more classes. And many of us will have obtained the knowledge and experience necessary to be “grandfathered” into a credentialing system. But, whatever it takes, it is time we legitimize our profession with a publicly recognized document. Lawyers, therapists, doctors, vocational counselors, real estate agents, barbers, nail technicians, mechanics, financial planners, teachers and a myriad of other professionals get through mandatory and structured programs from which they thoroughly learn how to do their jobs. They then earn the right to legitimately practice their professions and proudly display the credential that serves to prove their commitment and expertise. In order for mediation to truly stand on its own as a unique and specialized field, it is imperative that a concerted effort be made toward credentialing the profession. It would separate the vocation from the avocation; it would lend credibility to the profession; it would strengthen its public image; and it would create a greater client base. Dedicated professionals might then be able to devote their energy to one field of endeavor rather than juggle two or more. The other option? We could wait, do nothing, and watch it be swallowed up (or “legitimized”) by the legal profession. The choice is ours (yours?). --------------------------- (Author’s update August 2007): Amazing, isn’t it, how very little has changed to establish mediation as a unique, separate, and viable profession unto itself? There has been one significant noticeable change, however: When I was anticipating a move to Colorado in late 1989, there were only a handful of attorneys listed in the yellow pages who also offered mediation. Now there is nary a legal firm listed in the yellow pages or on internet search engines that do not add mediation to their roster of services. It is also now common to see former judges offering mediation services as their retirement sideline at a premium rate. I wonder, has the last paragraph of the above 1994 article come true? Possibly the next decade will give us a definitive answer. CCMO’s Certification Committee is in a “quick-finish” process to establish formal certification requirements. Who knows? If CCMO’s board of directors approves the certification recommendations and a lot of entrepreneurial elbow grease is rendered from certified mediation professionals, perhaps the day will come when a CCMO certified mediator is able to support a family solely on the income generated from his/her professional mediation practice. Only more time will tell...
|
REMINDER TO ALL PROFESSIONAL MEDIATORS: Under newly approved guidelines ongoing Professional Mediator status, commencing 2007 all renewing mediators must show PROOF OF 10 HOURS CONTINUING EDUCATION at time of membership/status renewal.
|
|
CCMO Advertising Section Mediation Practice for sale. I will be retiring after 20+ years in mediation. I would like to sell my practice including; Website, domain name, registered trade name, forms, client list, phone number, office lease, photocopier, computer, printer, and CS software, furniture, library. My preference would be to sell it complete to an experienced mediator. Alternatively, If that doesn’t work, I am open to other options. 303.322.3080 ---
|
If you are interesting in placing an advertisement in an upcoming CCMO Newsletter, please contact Maggie Helseth, newsletter editor, at mhelseth@du.edu |
|
|
CCMO Board Information:
Contact Us: Colorado Council of Mediators and Mediation Organizations (303) 322-9275 or (800) 864-4317 If you wish to place an advertisement in a future edition of the CCMO
|