Conflict Resolution

Advanced Problem-Solving Strategies

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Congratulations to outgoing president Robyn Weinstein, incoming president Floyd Siegal, conference chair Hass Sadeghi, executive director Anne Sawyer, and all the other volunteers who helped create the Southern California Mediation Association’s successful fall conference last weekend. The conference’s theme, Conflict Revolution, made clear that our organization is moving well beyond the goal of helping people learn to mediate litigated disputes. Our goal is to change the world! Ken Cloke This goal was emphasized not only in panels such as the one described in my previous post that addressed new roles for mediators and mediation, but was also addressed in panels on critical race theory, LGBT rights, and other timely topics. Peter Robinson kicked off the conference with what amounted to […]

The Southern California Mediation Association has announced the schedule for its annual fall conference in scenic Malibu, California on November 7, 2015. This year’s theme is “Conflict Revolution: Mediators as Agents of Social Change.” The website describes the focus of the conference this way: Today, in addition to the role they play helping to resolve legal disputes, mediators regularly serve as educators, executive coaches, facilitators, leadership trainers, ombudsmen, therapists, business consultants, and architects of dispute resolution programs at all levels. In today’s inter-connected world, there are numerous opportunities for mediators to support societal change through peaceful dialogue.  This year’s conference will include workshops on LGBT rights, race relations, urban projects, health care, and corporate governance, in addition to more nuts […]

Richard Birke, a law professor at Willamette University, gave a talk at the ABA Dispute Resolution conference expressing frustration with the term “Alternative Dispute Resolution.” The term is too limiting to describe the many ways that the skills of negotiation, mediation, and other forms of conflict resolution can be applied in practice. It’s also inaccurate, since “alternative” means of resolving disputes probably comprise the vast majority of resolutions. In the status hierarchy of law schools, the field of ADR has always been treated as something of a stepchild, not considered as prestigious as traditional subjects like Constitutional Law or Contracts. It’s not clear that the study of conflict resolution even belongs in law school, since law comprises only a small […]

I will be speaking as part of a panel, along with Mary Culbert and Phyllis Pollack, on Saturday, February 28, 2015, at 10:00 a.m., at Loyola Law School. The topic is mediation confidentiality. It’s a timely subject, because recent cases have raised questions about whether the broad protections for mediation confidentiality in California, can still be relied upon. In particular, many mediators are troubled by the Milhouse case currently pending in the Ninth Circuit, which recognized a vaguely-defined “due process” exception to mediation confidentiality to allow evidence of offers and demands exchanged in an unsuccessful mediation to be introduced in an insurance bad faith case. In addition, the California Law Revision Commission is currently considering whether to allow an exception […]

I really appreciated receiving this memento of a memorable year as president of the Southern California Mediation Association, at our conference in Malibu. I didn’t achieve everything I wanted to achieve. Some projects are still ongoing. But I really enjoyed my year leading an organization that performs much valuable work helping its members learn more about the field and fulfill their professional goals, and spreading the word to the public about the benefits of mediation. One of the goals that I and others have sought to instill in the organization has been to maintain a positive, cohesive, open and welcoming atmosphere within the group. I frequently found myself using whatever mediation skills I have in dealing with internal conflicts (every […]