2014 Advanced Track
Again this year Southern California Mediation Association (SCMA) and the American Institute of Mediation (AIM) have teamed up to offer an Advanced Track at the SCMA Annual Conference for mediators who have mediated 250 cases or have 5 years mediation experience. Co-sponsoring this track with AIM, and limiting participants to only those with significant mediation experience, allows us to provide sessions that cater to the unique needs of advanced mediators and address those challenges with which seasoned mediator wrestle day in and day out in their practice. This track will appeal to the most experienced mediators because they deal with dilemmas that need to be managed, rather than more simple problems for which there is a solution. And this year more than ever, we are focused on adding new skills to the already overflowing tool box of the advanced mediator, with a special focus on helping you out of any rut you may be in or plateau you may have landed on, all while avoiding our own conflict burnout. Please join us for the latest work from Ken Cloke, Doug Noll, Lee Jay Berman and Terri Lubaroff, as they try to help us all become what the AIM Institute calls more “complete mediators”.
Advanced Track Workshop I
Using the Language of Conflict and the Narrative Structure of Conflict Stories
Time: 10:15 a.m. – 11:45 a.m.
Trainer: Kenneth Cloke, Los Angeles, CA
The language, syntax, metaphors, and narrative assumptions common to conflict conversations and conflict stories make it difficult to de-escalate high emotion, transform debates into dialogues, and come to grips with the painful issues that inform our most important conflict resolution choices. Thus, it is common for mediation participants to construct stereotypes, moral rationalizations, metaphors, archetypes and false absolutes regarding their opponents in order to justify their own conflict behaviors. Similarly, the narrative structure of conflict stories relies on accusations and rationalizations, diversions and denials, and is designed to make resolution seem impossible. We will explore specific techniques for mediators to bring a mediative, interest-based sensibility to the language of conflict, turning hostile denunciations and debates into appreciative disagreements and dialogues. How do we transform conflict stories in ways that encourage deeper levels of understanding and lead to agreement?
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 in Austria, Bahamas, Brazil, Canada, China, Cuba, England, Georgia, India, Ireland, Japan, Latin America, Mexico, Netherlands, New Zealand, Nicaragua, Pakistan, Puerto Rico, Thailand, Ukraine, the former USSR, United Kingdom, and Zimbabwe. Mr. Cloke is President and co-founder of Mediators Beyond Borders. He is a nationally recognized speaker and author of many journal articles and books, including Mediation: Revenge and the Magic of Forgiveness; Mediating Dangerously: The Frontiers of Conflict Resolution; The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution; and Conflict Revolution: Mediating Evil, War, Injustice, and Terrorism. He is co-author with Joan Goldsmith of Thank God It’s Monday! 14 Values We Need to Humanize the Way We Work, Resolving Conflicts at Work: 8 Strategies for Everyone on the Job (2nd Edition); Resolving Personal and Organizational Conflict: Stories of Transformation and Forgiveness; The End of Management and the Rise of Organizational Democracy, and The Art of Waking People Up: Cultivating Awareness and Authenticity at Work.
Advanced Track Workshop II
Dealing with Entrenched Beliefs in Mediation
Time: 1:00 p.m. – 2:30 p.m.
Trainer: Douglas E. Noll, Clovis, CA
Conflict situations often involve strong emotions, strong personalities, deep-seated beliefs and biases. Successful interventions require deep analysis and diagnosis of the conflict situation, a quick decision on the appropriate tools for engagement as well as effective execution the intervention. Mediators acquire these skills largely by trial and error and develop them over years of experience. Participants will learn from the trenches how to become masterful in conflict situations by being able to identify which strategy is most effective at any given moment during the mediation process. Participants will learn to 1.) understand and integrate scientific findings around belief structures, selective perception, and decision making; 2.) understand frames and how they work in human cognition; and 3.) apply strategies for working with entrenched belief systems and be able to identify their impact on the mediation process.
Doug Noll is a full time peacemaker and mediator, specializing in difficult, complex, and intractable conflicts. He is an adjunct professor of law and has a Masters Degree in Peacemaking and Conflict Studies. Mr. Noll is AV-rated and was a business and commercial trial lawyer for 22 years before turning to peacemaking. He is also 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. Mr. Noll is an author of the books Sex, Politics & Religion at the Office: The New Competitive Advantage with John Boogaert, and Peacemaking: Practicing at the Intersection of Law and Human Conflict, and Elusive Peace, as well as numerous articles on peacemaking, restorative justice, conflict resolution and mediation. He is a mediator trainer, lecturer and continuing education panelist. Mr. Noll has been voted one of the Best Lawyers in America in 2005, by bestlawyers.com. He is also the host of the radio show The Doug Noll Show that streams live on wsRadio.com Thursday evenings at 7 pm Pacific.
Advanced Track Workshop III
Harnessing the Power of the Master Mediator: Seeing new things in the same old rooms
Time: 2:40 p.m. – 3:55 p.m.
Trainer: Lee Jay Berman, Los Angeles, CA
Harnessing the Power of the Master Mediator is a workshop for mediators who have achieved a level of success and a respect for other mediation styles and applications, and who are prepared to move beyond the confines of evaluative and facilitative processes of mediation and make a difference with their work – both in the lives of their mediation participants, and in themselves. This workshop is for those who are ready to move to the next level of awareness and consciousness, grounded in deeper connection with the participants. In this experiential workshop, we reach far outside of classic mediation training and work with the counter-intuitive. Master Mediators see things differently, they hear things differently, and they proceed differently than other mediators. This workshop is just what mediators need who feel like their work has hit a plateau. We introduce and practice the tools that master mediators draw upon that allow them to function at a higher level, including neuro-linguistic programming (NLP) to build rapport and understanding, understanding some of the psychology of conflict and manipulation, and raising your perceptual levels, all to help mediators see and hear more of what’s going on in the room and have impact that participants want when they say, “Now, go work your magic.”
Lee Jay Berman began as a full-time mediator over 20 years ago, and has successfully mediated over 1,900 matters. He is a national panelist with the American Arbitration Association, a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with the National Academy of Distinguished Neutrals, he was one of the first five U.S. mediators internationally certified by the International Mediation Institute, and he serves as a Dispute Resolution Expert with the United Nations Development Programme. California’s Daily Journal twice named him “Top Neutral”, Acquisition International Magazine awarded him “Commercial Mediator of the Year – California” in 2012-2014, and he has been voted by his colleagues into the Who’s Who of International Commercial Mediation in 2012-2014. 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. Lee Jay has trained judges, attorneys and business leaders in India, Australia, Europe and the Middle East. As an author, he has published numerous articles on mediation, negotiation, and ADR, along with his blog Eye On Conflict, and the ABA will be publishing two of his books in 2015.
Advanced Track Workshop IV
Finding Your Joy Again: Tools for Avoiding Mediator Burn Out
Time: 4:00 p.m. – 5:15 p.m.
Trainer: Terri Lubaroff, Esq.
Dealing with other people’s conflict day in and day out can lead to mediator burnout. It would take pages to list the common frustrations that mediators face, especially in large, mature mediation markets like southern California. Mediators can become jaded and stuck in a rut. And in the SoCal market, mediators can feel market pressure to buy into the marketplace’s approach including combative lawyers, settlement conferences instead of true mediations, and dollar negotiations that can overshadow client interests. We will engage in some self-reflection, identify themes, discuss antidotes and techniques that mediators can use to avoid or overcome burnout symptoms and find more inner peace so that they can practice peacemaking more effectively, locate the calm in the middle of the storm, and leave this day’s conference uplifted, rejuvenated, and inspired.
Terri Lubaroff specializes in disputes in the business, legal and entertainment communities. Terri received her J.D. from the University of Florida College of Law, and also has a B.A. in Fine Arts from the University of Florida. She started her career in the entertainment industry at International Creative Management (ICM) in 1997, and ran various film and TV production companies, culminating with an overall deal at Paramount Studios and the sale of nine pilots to networks such as NBS, FOX and CBS. Burnt out and ready for a change, Terri pursued mediation training at Pepperdine’s Straus Institute in 2009 and has been a full-time mediator ever since. Terri is a member of the California Bar, the Florida Bar, the ABA, the Southern California Mediation Association, the Beverly Hills Bar Association, the Institute for Preparing Heirs, the Arts, Arbitration and Mediation Services panel for California Lawyers for the Arts, Women in Film, and the Hollywood Radio & Television Society. Terri chairs the Entertainment Mediation and Arbitration practice at The Agency for Dispute Resolution.