2017 SCMA-AIM ADVANCED TRACK WORKSHOPS
In litigated cases, the delivery of mediation in southern California has become increasingly litigator-driven, with disappearing joint sessions, more aggressive negotiation styles between counsel, and more combative communication between mediator and counsel. One potential risk of this trend is that mediation becomes nothing more than a settlement conference, yielding results that amount to nothing more than compromise. The likely outcome of that is a commoditized workplace, where litigators hire the lowest priced mediator, because they don’t see enough of a difference or reason why they should pay top dollar for a service that appears so effortless, and yields results that aren’t much better than counsel could have achieved absent a neutral. One solution to this trend is to empower mediators with the tools to connect more deeply with the people in front of them, to speak to a different part of them, and to remain in a state of curiosity and inquiry with a goal of understanding, as opposed to a goal of advocacy. Asking the right questions to get at information that the attorneys and parties in front of us haven’t considered, and helping them to see things in new ways all helps them to experience a shift, and find a new awareness, giving them an experience that is all-together different than negotiating to a predictable compromise.
The Advanced Track is brought to you by AIM Institute.It is with all of these challenges in mind that we at the American Institute of Mediation (AIM Institute) built this year’s AIM Institute Advanced Track. Each year, the AIM Institute puts on the SCMA-AIM Advanced Track at the Southern California Mediation Association’s annual conference as a fundraiser for SCMA. The faculty all work pro bono and the AIM Institute takes none of the proceeds. We do this to help SCMA engage it’s senior-most members in high-level workshops designed specifically for the advanced audience. The cost is slightly higher because, frankly, the more successful mediators should be supporting the organization at a higher level than the beginners. And, there is a pre-requisite level of experience in order for attendees to qualify to attend the AIM Institute Advanced Track, so that we can maintain that advanced level of discourse, and build on the depth of experience of those in the room.
We’re excited to bring you a great day of advanced workshops. All AT Workshops will be held in the Olympic Room unless otherwise noted.
9:15AM – 10:15AM
OPENING PLENARY WITH WILLIAM URY
- Location: California Grand Ballroom
- Speaker: William Ury
William Ury reflects on his experience around the world as an negotiation adviser and mediator-from boardroom battles to civil wars-since writing Getting to Yes.
10:30am – 11:45am
Mediation and the Challenges in Today’s World
In this interactive conversation, William Ury and Ken Cloke will discuss the future of mediation and the mediation skills needed to help transform conflicts in the world today.
About the Speakers
William Ury, co-founder of Harvard’s Program on Negotiation, is one of the world’s leading experts on negotiation and mediation.
He is co-author with Roger Fisher and Bruce Patton of Getting to Yes, a fourteen-million- copy bestseller translated into over thirty-five languages, and the author of Getting Past No, The Power of a Positive No, The Third Side and, most recently, the award-winning Getting to Yes with Yourself.
Over the last 35 years, Dr. Ury has served as a negotiation adviser and mediator in conflicts ranging from labor strikes and boardroom battles to civil wars in the Middle East, Latin America, and the former Soviet Union. During the Cold War, Ury served as a consultant to the Crisis Management Center at the White House, helping to create nuclear risk reduction centers. He has taught negotiation and mediation to tens of thousands of corporate executives, labor leaders, diplomats, and military officers around the world.
Ury is founder of the Abraham Path Initiative, which seeks to bring people together across cultures by opening a long-distance walking route in the Middle East that retraces the footsteps of Abraham and his family. ABC’s Christiane Amanpour calls the Abraham Path “an unprecedented initiative to break down barriers and foster communication in the most divided region of the world.” He has a popular TED talk about the Abraham Path, entitled “The Walk from No to Yes.” He is also co-founder of the Climate Parliament, which unites parliamentarians from around the world with civil society to bring about a transition to renewable energy.
William is the recipient of the Whitney North Seymour Award from the American Arbitration Association and the Distinguished Service Medal from the Russian Parliament. His work has been widely featured in the media, including the The New York Times, the Financial Times, the CNN, and BBC.
Trained as a social anthropologist, Ury has a B.A. from Yale and a Ph.D. from Harvard.
Kenneth Cloke is Director of the Center for Dispute Resolution and a mediator, arbitrator, attorney, coach, consultant, and trainer, specializing in communication, negotiation, and resolving complex multi-party conflicts, including community, grievance and workplace disputes, collective bargaining negotiations, organizational and school conflicts, sexual harassment and discrimination lawsuits, and public policy disputes, and in designing preventative conflict resolution systems for organizations. He has done work in conflict resolution all over the world, and is a former President and co-founder of Mediators Beyond Borders. He is a nationally recognized speaker and a prolific author of many journal articles and books, including Mediation: Revenge and the Magic of Forgiveness, Mediating Dangerously, The Crossroads of Conflict, and Conflict Revolution. He is co-author with Joan Goldsmith of several books, including Resolving Conflicts at Work, and The Art of Waking People Up.
11:45pm – 1:00pm
Lunch Break & Mediation Fair
Enjoy lunch in the California Grand Ballroom.
1:00pm – 2:15pm
Rethinking The Mediator’s Opening
To ensure your mediation ends well, ensure that it starts well. In this segment we unpack the opening moments of the mediation, and we rethink the standard approach of pitching ourselves, the process, declaring ground rules, stressing confidentiality and identifying the location of the donuts and restrooms. This is your chance to make a first impression on the parties. What do you want it to be? This is where we set the tone of our day. What do you want that to be? Throw away the script and take a strategic, targeted approach to the opening, and learn what really works.
About the Speaker
Steve Rottman is a tireless, spirited mediator who brings a fresh, creative approach to brokering settlements. Steve spent most of his career as a trial lawyer representing both employees and employers in complex work-related disputes. He “gets it.” He understands what drives employment disputes and why they are so hard to resolve without the help of a mediator. Steve has helped countless attorneys and their clients break impasse and reach resolution without the pain, risk and cost of continued litigation. Steve helps parties in conflict find their way to a resolution that makes more sense than continued litigation. His approach varies with each mediation, but it is always predicated on his commitment to being honest with the parties, exploring every avenue of resolution, remaining impartial, maintaining confidentiality, and respecting the views and decisions of counsel and their clients.
2:30pm – 3:45pm
Mediation Masterclass: Seeing and Hearing New Things in the Same Old Rooms, and Maximizing Your Personal Power
As humans, we have the capacity to take in much more information during a dialogue than we typically do. As mediators, we need that information to give us an edge, both within our mediations, and also in the marketplace. In this workshop, we will examine the ways that we mediators can enhance our intake of the sights and sounds going on in front of us. Experienced mediators will use this additional information in mediation sessions, and also when networking and interacting with potential clients. In addition, we will spend some time on how mediators can maximize their personal power in these same settings – including how to have more impact, be heard and understood better, and leave a stronger leave-behind after an interaction. In order to command a top reputation, and the top rates that go along with that, mediators need to distinguish themselves, including with personal cache, style, and respect. Join us for an impactful discussion on how to do just that.
About the Speakers
Lee Jay Berman
Lee Jay Berman began as a full-time mediator over 23 years ago, and has successfully mediated over 2,200 matters. He is a on the American Arbitration Association’s elite Master Mediator panel for employment matters, and is a national panelist on AAA’s commercial and construction panels. He is a Distinguished Fellow with the International Academy of Mediators, and a Charter Diplomat with the National Academy of Distinguished Neutrals. He was Mediator of the Year for the US Bankruptcy Court in California, California’s Daily Journal twice named him “Top Neutral”. Also a respected trainer, he founded the American Institute of Mediation, leaving his position as Director of Pepperdine Law School’s Mediating the Litigated Case program after seven years. SCMA awarded him the Randolph Lowry Award for his work in advancing the education in the mediation field. Lee Jay has trained judges, attorneys and business leaders in India, Australia, and throughout Europe and the Middle East.
Kim Deck, Esq.
One of the nation’s most experienced and accomplished mediators, Kim Deck, Esq. has devoted two decades to a full-time dispute resolution practice. Kim is a proud member of Judicate West, and was previously on the panel at JAMS. She serves as mediator and neutral fact-finder, and has successfully resolved over 4,500 cases, causing the Los Angeles Daily Journal to name her Top 40 California Neutral. Prior to her neutral work, she worked as a trainer and consultant with Vantage Partners (founded by faculty of the Harvard Program on Negotiation), and she served as Associate General Counsel and Manager of the Employment Dispute Resolution and Training Group at JAMS. After studying abroad in Florence, Italy while attending Gonzaga University, Ms. Deck then received her Business and International Relations degree from St. Mary’s College. She earned her J.D. degree from Whittier College School of Law. After law school, she continued her studies at the Harvard Program on Negotiation at Harvard Law School.
4:00PM – 5:15PM
CLOSING PLENARY – BLESSED ARE THE PEACEMAKERS: CHANGING THE WORLD ONE CONFLICT AT A TIME
- Location: California Grand Ballroom
The dictionary describes a peacemaker as “a person who brings about peace, especially by reconciling adversaries.” We are certainly doing that with individuals and with organizations. I always believed we could change the world one conflict at time. During these polarizing times my faith in that has been shaken. It’s amazing how quickly people are willing to believe the worst about others. Our cognitive and implicit biases are alive and well. Do we know enough about those and how they impact us? What are we doing to help others who participate in our process and in our trainings to understand them? On a positive note, we’ll never be out of work, and we are still growing as a field. In the past 25 years we have developed and blossomed in so many areas. More and more of us are able to make a career and a beautiful life working in this field. But what is the next step on our path to self-actualization as mediators and as a field of practice. SCMA and Mediation have grown up together. Now, as grown-ups, we have great responsibility to make sure that our field, and its members, reach its and their full potential. How do we protect the field? Can we make a difference and advance our society towards a more harmonious existence? I believe we can. What do you believe? The job is a big one and we can’t do it alone. We’ll need to work with each other and seek out like-minded individuals in fields devoted to helping society move forward such as social work, psychology and law. Come to hear a bit about SCMA, the field, and possibilities for changing the world!
About Mary Culbert
Mary B. Culbert is a Clinical Professor and Director of the Loyola Center for Conflict Resolution (CCR) at Loyola Law School in Los Angeles. She is a 1984 graduate of Loyola Law School, and a Bilingual Certified Mediator (Los Angeles County Bar Association). In 1993, Ms. Culbert began serving as a community and court mediator and received the “Rookie of the Year Award” from the Los Angeles County Bar Association’s Dispute Resolution Services. She returned to Loyola in 1994 as an Adjunct Professor of law and founding Director of the Disability Mediation Center of the Western Law Center for Disability Rights (currently the Disability Rights Legal Center). After practicing law for several years and becoming a Bilingual Certified Mediator (Spanish), she mediated extensively since 1993 in numerous community, government agency and court programs. She served as a resource to local, state and federal agencies regarding the design and implementation of mediation programs. She sat on the California State Bar ADR Committee and Chaired its Ethics Subcommittee since its inception in 1997 until September 2001, and completed more than 20 years as an advisor to that Committee. Ms. Culbert has served on numerous boards, committees and mediation panels over the past 25 years. She has trained and lectured extensively on mediation skills, advanced mediation techniques, disability mediation and legal issues in mediation. She served an appointment to the Judicial Council, Civil and Small Claims Advisory Committee, ADR Subcommittee Working Group on Uniform Procedures for Addressing Complaints about Court-Program Mediators. She was recognized in the “TOP NEUTRALS” Supplement to the Los Angeles and San Francisco Daily Journals and to the Sacramento Recorder, in the section on “Community Mediators: taking it to the streets” in 2007. In 2009, she received the Ester Soriano Peacemaker of the Year Award from Los Angeles County DRPA Program Community Mediators, and in 2010, the Ester Soriano Award for Excellence in Community Mediation from the California Dispute Resolution Council. In 2011, she traveled to Bangladesh with Professor Hiro Aragaki to train Judges and Attorneys in mediation. In 2012 and 2013, she developed a new model and clinic for providing Collaborative Divorce Mediation Services in conjunction with the Los Angeles Collaborative Family Law Association. She was the Award Recipient of the 2013 DRP Case of the Year Award, and the Award Recipient, on behalf of the CCR, of the 2014 DRP Outstanding Program of the Year Award, Collaborative Mediation, from the Los Angeles County Board of Supervisors. She is an Award Recipient of the 2015 Southern California Mediation Association Education Foundation Director’s Award for Contributions to ADR Education. From 2015 through 2016, she worked to create the Loyola Center for Conflict Resolution Dependency Court Mediation Program in conjunction with Los Angeles Dependency Court Judges and Robert Sowell of the Human Relations Commission.
There is an additional fee for the Advanced Track.
In order to keep the dialogue in the AIM Institute Advanced Track at the highest levels, the prerequisite for registering for the Advanced Track are a minimum of 5 years’ experience as a mediator, or having conducted at least 250 mediations as mediator.