In the real world of mediation, insurance plays a growing and indispensable role in the funding of settlements. Mediators increasingly need to know insurance terminology, practices, and the carrier mindset. This workshop will equip mediators with a strong foundation, and will survey insurance tips / tricks at all stages from pre-mediation convening, mediation, through post-mediation follow-up.
Workshop 2 10:30am – 11:45am Peace Dialogue Facilitator Training
Facilitated Dialogue in our communities is becoming increasingly essential to peace in the community. Dialogues are being facilitated throughout Southern California between Community Leaders & Local Law Enforcement. It is needed in the schools, in the churches, and on the campuses where immigration status is critical to completing an education. As the growing need for Facilitated Dialogue increases, an important role is to be played by Mediators who have added this new skill set to their menu of services.
Workshop 3 10:30am – 11:45am NON-TRADITIONAL JOBS AND EMERGING CAREERS FOR MEDIATORS
Panelists: John Armijo – Director & Campus Ombudsperson, University of California San Diego Shalayna Alldredge – Employee Relations Specialist, Qualcomm Incorporated
Workshop level: Beginning
After devoting countless hours and capital to receive mediation training, volunteering in community programs, and actively marketing themselves, many new mediators are faced with the disappointment of not finding cases to mediate and unable to make a living. What could they do? How could they utilize their newly acquired mediation skills and training and mediate every day? How can they pursue a profession in which they believe in and enjoy and pay the bills at the same time?
There are different traditional and non-traditional career paths. Many new mediators opt for the most known and traditional path of mediating litigated cases. The problem with this path is that the market is heavily saturated and there is a lot of competition. Everyone is competing for litigated cases: retired judges, lifelong and experienced litigators, scholars, lawyers, non-lawyers, etc. The good news is that there are many non-traditional and unexplored career paths that could be very rewarding and pay the bills.
Nowadays, private companies and public institutions are realizing that mediation is a very cost-and time effective alternative for resolving internal disputes. As a result, there is an emerging demand for people with mediation skills and training who are familiar with conflict resolution strategies and techniques and negotiation principles. That is the case for large institutions such as Qualcomm and University of California, San Diego. One of our panelist, Shalayna Alldredge is a formerly trained mediator employed by Qualcomm. Her role is to mediate manager-employee and peer-to peer cases in order to avoid escalation and help them to take steps that are in the best interests of themselves and the company. Our second panelist, – also formerly trained as a mediator – John Armijo is the Director & Campus Ombudsperson for the University of California San Diego. His role is to provide confidential neutral, and informal dispute resolution alternatives for campus faculty, staff, students, non-senate academics, postdoctoral trainees, and employees of the UC San Diego Health System.
Our third panelist, Maria Simpson, Ph.D., has the least traditional practice as an executive coach and consultant on organizational conflict. Maria received her mediation training from the LA County Bar Association and from Ken Cloke, and then “retrofitted” her consulting practice as a professor and corporate trainer to focus on including mediation skills and techniques into organizational communications and leadership skills. Eventually that developed into executive coaching, and she now coaches senior executives, as well as management and leadership teams in the skills and practices of mediation as they benefit both the individual and the organization.
Ana Sambold, our fourth speaker, will share her experiences as a traditional, independent and private commercial mediator and arbitrator. She belongs to different ADR panels including ADR Services, San Diego Superior Court and American Arbitration Association (AAA). She is also a facilitator and a trainer on conflict resolution for the National Conflict Resolution Center (NCRC).
Workshop 4 1:00pm – 2:15pm Developing Cultural Intelligence: Working Effectively Across Cultures
It is not enough to simply be ‘aware’ anymore. We must go beyond our own self-awareness and awareness of others to understand the impacts of how we work and interact effectively in culturally diverse situations, whether domestic or global. As the information profession operates in an ever changing, global environment, we need to be prepared to handle any diverse situation. As our workforces become more diverse, we face an even greater challenge and problem: that is how to successfully manage increasingly diverse interactions. To address this concern, organizations are applying the framework of cultural intelligence.
Cultural intelligence is a person’s capability for successful adaptation to new cultural settings, that is, for unfamiliar settings attributable to cultural context. Cultural intelligence is not specific to a particular culture – rather it focuses on the capability to function effectively in culturally diverse situations. This session will discuss an overview of cultural intelligence (CQ) and its application within the information profession; specifically look at its application to change. Cultural intelligence allows information professionals to reinvent themselves by understanding their CQ, and applying differing techniques within the workplace when involved with culturally diverse situations and confronted with change.
In order to understand how to increase an individual’s CQ, one must begin by understanding the four factors or sub-dimensions of CQ. Each of these factors relates specifically to cultural challenges: drive, knowledge, strategy and action. This session is designed for any individual that interacts with diverse cultures (ethnic, national, generational, and organizational cultures) and the concept can be applied to any organizational segment (academia, corporate, public etc).
Cultural intelligence is a new concept, officially defined in 2003. It is a globally recognized way of assessing and improving effectiveness for culturally diverse situations. It is rooted in rigorous, academic research conducted by scholars around the world. Leading organizations in business, education, government, and healthcare are adopting CQ as a key component of personnel development and competitive advantage.
Organizations are applying cultural intelligence in order to:
Improve success of international negotiations and market entry
Coach, mentor and develop leaders and senior management
Understand the mindset of global partners, clients and vendors
Improve performance and teamwork of multi-national teams
Provide a fresh approach to diversity and inclusion training focusing on potential rather than compliance
This concept allows individuals to reinvent themselves by understanding their own CQ, and applying differing techniques within the workplace when involved with culturally diverse situations. This concept is extremely valuable as the research demonstrates several consistent results for individuals and organizations that utilize and improve their CQ, including:
More Effective Cross?Cultural Adaptability and Decision?Making
Enhanced Job Performance
Improved Creativity and Innovation
Increased Profitability and Cost? Savings
Workshop 5 1:00pm – 2:15pm Tricks of the Settlement Trade
A surprising number of practicing mediators are unaware of basic tools to help participants come to agreement. This presentation will provide real examples of how to use these techniques:A surprising number of practicing mediators are unaware of basic tools to help participants come to agreement. This presentation will provide real examples of how to use these techniques:
Mediator’s Proposal. When no one will move one inch more, the mediator may discern a solution which allows everyone to save face. Presentation will cover why, when and how to use a mediator’s proposal and review the benefits of using one.
Structured Settlements. A structured settlement is a tax device to enhance the value of a settlement. It allows a plaintiff to get more return from each dollar, allowing the defendant to fund with less. Defendants pay the full amount at time of settlement and get an immediate release. For example, when the employment case plaintiff gets a taxable settlement all in one year, the plaintiff’s tax bracket goes up and often triggers the alternative minimum tax. A structured settlement can spread out the payments to earn tax-deferred income and keep taxes low or even create a retirement fund. In commercial cases such as partnership disputes or theft of intellectual property, a structured settlement can create similar tax benefits by spreading out receipt of the settlement over time. Structured settlements are often used in injury cases, but many mediators are unaware of how they work or how a broker can help settle the case. Too often mediators get in the way of settling a case because they block the use of a structured settlement. This presentation will demonstrate how a mediator should best use structured settlement proposals in negotiation.
Special Needs Trust. Congratulations, the defense has agreed to plaintiff’s settlement demand. Now plaintiff and all of plaintiff’s family members will lose Supplemental Security Benefits, Medi-Cal, and possibly 8a housing. Is the Plaintiff really ahead? Sometimes a Special Needs Trust can allow parties to reach a settlement with real value. When a settlement is set up to preserve public benefits, claimants may be willing to accept less thereby making settlement more likely. Consideration of a Special Needs Trust allows mediation participants to look at value as a big picture. Traditional and Pooled Special Needs Trusts make this device useful in cases of almost every size.
Reversions. Reversions may be most useful as a threat. When parties bicker over plaintiff’s future needs, a reversionary trust or structured settlement with reversion can make everyone right. Few mediators know how these work and therefore cannot raise the possibility during brainstorming.
Workshop 6 1:00pm – 2:15pm Transformative Moments in Commercial Mediation – Techniques for Success
Mediators’ work is often described as “magic,” but the magic is usually the skillful application of process options and tools that are well considered before use. Yet even in the most mundane of commercial cases, there lies opportunity for transformative moments: those that transcend the lawsuit, the negotiation, and the strategy and open the doors or windows for a deeper understanding, new perspective, or better future.
This interactive workshop will review a sampling of mediated cases with surprising outcomes based on techniques that frame the process, lead to changes in participants’ perception of the dispute and the options for resolution, and sometimes even transform relationships.
Define and then Consider abandoning the strict Constraints of categories of “facilitative,” “evaluative,” and “transformative” mediation styles.
Be open to considering whether the participants or the type of dispute lends itself to some transformative process. Identify and analyze the key elements that may be good subjects.
Structure and strategy
The delicate balance between opening up the possibility and pushing it through where it is not warranted
A word about joint sessions: Can this be done in caucus?
A cautionary note on overuse
Case studies: A) Employment B)Real estate C)Inter-cultural D)Class participation
Role play and/or video
Workshop 7 2:30pm – 3:45pm Navigating Executive Presence and Gender Bias for the Female Mediator and Peace Maker
To be seen as a strong leader, avoid the B label and influence, women need to navigate the Goldilocks dilemma of too strong or too soft, but never just right. There are three aspects that we will cover relating to Executive presence: Communication, Appearance and Gravitas. We will then put a necessary spin on these to account for Gender Bias. Why are there so few women at the big tables. How do you get to the table, make an impact and stay there?
Workshop 8 2:30pm – 3:45pm The impact of cognitive biases on all aspects of mediation
Decades of research by cognitive psychologists and behavioral economists demonstrate and prove that human beings are influenced in their decision-making by cognitive biases, heuristics (‘mental shortcuts’) and illusions. This high impact workshop provides mediators with a deeper understanding of the psychological impediments that arise for all the players at a mediation – parties, lawyers and mediator – and provides skills for managing them so as to improve settlement outcomes.
By the end of this workshop you will:
Be better equipped to identify and navigate the psychological impediments that can derail effective decision-making and create impasses in mediations so that you can more effectively move parties toward settlement
Be more aware when you are in “fast thinking mode” and what you need to do to get into “slow thinking mode” to avoid rushing to assumptions.
Be more aware of your blind spots of ‘marginality’ and ‘privilege’ and how you use effective strategies to balance them out.
Be more effective in influencing participants in negotiations with integrity.
The workshop is divided into 2 parts:
Part 1: How Cognitive Biases and Heuristics Can Affect Negotiation by Stacie Hausner
This program is designed to help mediators anticipate, understand and mitigate cognitive biases and illusions that destroy effective decision-making. It also is designed to incorporate an analysis regarding the science and practice of persuasion and compliance, commonly used in marketing, so that these techniques can be used to affect negotiating behavior. By understanding these cognitive biases and persuasion techniques, mediators will be able to develop the tools and skills to more effectively move litigants and their attorneys past impasse and toward a viable resolution of their disputes.
Part 2: The Power of Balance Through the Reconciliation of Extremes by Susanne Schuler
This program is a journey around your blind spots – a reflective exercise on diversity and inclusion, introducing the concepts of ‘privilege’ and ‘marginality’. You will learn about practical frameworks and tools you can use to raise awareness of your own assumptions and emotional triggers. You will finally learn how to reconcile your extremes which is crucial to become an effective mediator.
Workshop 9 2:30pm – 3:45pm Exceptions to Mediation Confidentiality: Is a New Day Dawning?
The California Law Revision Commission issued a Tentative Recommendation in June 2017 to create an exception to mediation confidentiality that would allow mediation participants to use what occurred in a mediation context in a legal malpractice action, a state bar disciplinary proceeding or in an arbitration for attorneys’ fees under the State Bar Act. If enacted by the Legislature, this new proposed Evidence Code section 1120.5 will be a radical change in California’s law on mediation confidentiality. The proposed workshop will provide the history and background of the more than four year CLRC study, its recommendations, their pros and cons and the ethical implications for both attorneys and mediators of the proposed legislation.
4:00pm – 5:15pm Closing Plenary – Blessed are the Peacemakers: Changing the World One Conflict at a Time
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!