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Mediation On-Line

A Newsletter from ADR Resources // June 1998
From: Ethesis@AOL.Com (Ethesis)


I've taken some vacation time for June, so the next newsletter (July) will be sparse.  With this newsletter I am very pleased to announce a new essay at by Frank Muller P,E., Esq. and Richard A. Coughlin P.E., MBA on Partnering -- a form of mediation/faciliation (group teams) in the Construction Industry.  I have also put on-line my Mediator's Checklist for Personality Factored Conflicts at


NIDR's yearly conference will be in Columbus, Ohio July 19-22 and details are available by calling 1-202-466-4764. While I will not be able to attend, I have sent them my conference presentation to print and distribute.  I've authorized them to charge for the copies (without any payment to me) to help them cover their costs.

The Federal Labor & Mediation Conference is in San Antonio will be July 9 and 10th. Write Commr. Michael J. Wolf, Federal Mediation Service, 10127 Morocco, STE 108, San Antonio, Texas 78216-3938 to be put on the mailing list. It is an important conference for anyone interested in Federal practice.

IPRA Conference is to be held at the University of Durban-Westville, Durban, South Africa. For more information, please contact or visit the ACCORD web site at or the IPRA home page at

Interesting new Mediation & ADR web sites

A reminder.  If you receive this newsletter, and if you have a web site, please send me the url to look at. I'm actively adding personal and small group practice mediation sites at and value referrals and suggestions about good sites.


There is a mediation center that has been opened in Jerusalem.  The e-mail connection for it is Ophir Yahalom, Adv., is the manager of that mediation center in jerusaslem, Israel, which I am told is first and only one in Israel. He is looking for a software program to manage a mediation center.  If anyone knows of such software, please drop him a line at his e-mail connection or contact him at Tel. 972-2-6222627; Fax. 972-2-6236104; 10 Rabbi Akiva St. Jerusalem 94582, Israel.  I would also encourage anyone supportive of peace to consider supporting him.

I'm not sure where else to put this.  I do not charge for inclusion in the links I provide in the newsletters or at, etc. If I like your page and think it worthy, I'll list it without you having to pay anything.  If you can't pay me to list a site don't worry about recommending it since I've yet to charge anyone for a listing, payment does not matter.

While I am at it, let me recommend another free site:

"Brief Reporter ( is an Internet-based repository of legal briefs each of which have been abstracted and indexed by our staff attorneys. We have a large number of briefs on a diverse range of legal practice areas. Searching of our service is free as is our Personal Notification Service."

No one was charged for my copying their press release here (in fact, they don't even know I'm mentioning it in my newsletter).


The Negotiation Journal (Plenum Press/Harvard Program on Negotiation) and Harvard Negotiation Law Review (Harvard Program on Negotiation/Harvard Law School) are both coming out regularly.  The first is a quarterly, completely reorganized, the second is listed in some sources as a quarterly but comes out once a year (which causes some confusion if you've read the wrong source and are expecting the "Spring" issue to be followed by Summer, Fall and Winter).  Interesting.

I've been asked to recommend books on mediation for people.  I have three that I think are extremely useful -- though I have specific places were I disagree with each.

The first is NITA's The Art of Mediation, available directly from Notre Dame's Law school at 1-800-225-6482 (ISBN 155681-483-6).  It is basically the text and charts for teaching a forty hour "court annexed" type mediation course.  It provides the basics about mediation as it is practiced by attorneys and mediators in civil law suits.

The second is Mennonite Conciliation Service's Mediation and Facilitation Training Manual (Third Edition) which can be ordered by telephone at 1-717-859-3889. This gives you an insight into traditional (non "court annexed") mediation as it was practiced in a historical context.  I should note that the methods and techniques presented in the Manual are far more successful and effective than some of the "traditional" approaches (for more on those, you can always read the Icelandic Saga of Burn Njal).

The third is Dr. Suzette Haden Elgin's How to Turn the Other Cheek and Still Survive in Today's World, Thomas Nelson Publishers ISBN 0-7852-7249-6.  I really see Dr. Elgin's discussion as covering the topics and material that will be the next wave of training and focus in mediation skills training.  By reading her you will be five to ten years ahead of the field.  Many of the points she makes are ones I very much agree with. Dr. Elgin also has an unofficial (but "with permission") index of her on-line newsletters at Lingua (

For those newly interested in Arbitration, Solomon Publications at has an interesting book. Read a little bit of the on-line material to see if it meets your tastes or not. I bought a copy and our local dispute resolution council is using it (I'm still hoping to get it back ...).

And, if you are in a Spanish speaking community or country: APENAC has recently published a book in Spanish
entitled "Negotiation, Conciliation and Arbitration", written by Roque Caivano from Argentina, it covers extensively the
theory and practice of the three ADR mechanisms. Cost is 50.00 Soles (US 18.00) plus shipping. Orders may be made to I am proud to recommend it.

More Notes.

I try to keep the e-mail version of this newsletter reasonably short.  I put material I would have put in the e-mail version, but consider it too long, or derivative, etc. at the bottom of the on-line version.  This month's on-line version also has the following:

Publications // Mediation Monthly // Camara (Peru) // Web Notes

Troy Smith and Mediation Monthly can be reached at or 1-800-ADR-FIRM.  BTW, I'm interested in recommendations for other publications -- if you are involved with one, let me know about it and I'd love to share information about it.

Camera is also looking forward to its next issue.  That one will probably be free as well. If anyone wants to be an academic or financial sponser for this excellent South American/Peruvian initiative, you can contact them at CAMARA-Boletín de Derecho, Miguel Iglesias No. 109. Lima 34, LIMA-PERU, Phone : 00 51 14 762871, Fax: 00 51 14 636952.  Peru has a comprehensive ADR statute, and the people behind Camara were involved in that.

Ayacucho now has its own ADR project, financed by USAID.  This is a wonderful step forward. is an interesting story if you use a computer word processor.  If you deal with managers, is a great read once a week. Lewis is wonderful for dispute resolution and problem solving ideas when you are dealing with managers in any endeavor, even your own.


News: APENAC has recently published a book in Spanish
entitled "Negotiation, Conciliation and Arbitration", written
by Roque Caivano from Argentina, it covers extensively the
theory and practice of the three ADR mechanisms. Cost is 50.00 Soles
(US 18.00) plus shipping. Orders could be taken in

Submissions to

As always, I am interested in any submissions or articles anyone would like to have posted on the web.  While I can't pay for them, I don't charge to post your material, under your name and with your links, on my space. I prefer to post material as you have written it, with no editorial changes by myself.

With my best regards, I remain,

Sincerely yours,

Stephen Marsh
Additional material is included in the on-line version.

Back issues at
If anyone wants to do me a favor, visit and recommend this site to Yahoo.  If you've submitted your site to Yahoo and have not heard back, the stack purged your submission without the staff ever reading it.  It can take months before you make it to a review sometimes and it never hurts to have some friends submit your site.

If for some reason you wish to be removed from my periodical mailings please let me know.  I just updated my mailing list and if I'm sending anyone extra copies or sending it to anyone who shouldn't be getting it, please let me know.  This is my first time with a mailing list and I'm trying to limit it to only people who would be interested.  Thanks for your patience and help.

Post Script (the "extra" material for the on-line version).

From: (Ross Runkel)

Mediation: Attorney Has Inherent Power To Bind Client In ADR Proceeding
Koval v Simon Telelect, Inc. (Ind. 03/31/98)

Under the Indiana ADR rules, an attorney for a party can bind his or her client in an ADR proceeding using an analogous rule for "in court" proceedings. "[I]n the absence of a communication of lack of authority by the attorney, as a matter of law, an attorney has the inherent power to settle a claim when the attorney attends a settlement procedure governed by the ADR rules." [Full Decision On Westlaw: 1998 WL 146193]

Article: Critical Path to Mediating High-Tech Disputes
Practicing Law Institute - Patents, Copyrights, Trademarks, and
Literary Property Course Handbook Series PLI Order No. G4-4042 -February 1998

Mediation's efficiency and flexibility makes it the ideal choice for resolving disputes in an industry noted for rapid change. Unfortunately mediators knowledgeable in high-tech issues are in short supply. Attorneys and clients view the lack of in-depth industry related knowledge as the greatest bar to entering into mediation  [Full Article On Westlaw: 507 PLI/Pat 1081]

Hmm.  I have some substantial technical background, subscribe to Infoworld, etc.  Wonder how it would be possible to market myself as a mediator in this area?

ADR Online: Should A Mediator Also Be An Attorney?
Article by Cris M. Currie

"Among the more hotly debated issues concerning appropriate qualifications for mediators is the question as to whether it is preferable for mediators to also be lawyers. In many states, a law degree is a prerequisite for being listed as a court approved mediator. While most jurisdictions permit disputants to choose any mediator, non-attorney mediators are not always considered by court referred disputants. This is because, for most people, it is just easier to pick a name from the court approved list than to do their own research." [Details:]

The author is a "non-lawyer."

I have to repeat my recommendation of Dr. Suzette Haden Elgin's book on peaceful language and resolving verbal conflict. The book is How to Turn the Other Cheek and Still Survive in Today's World, and is published by Thomas Nelson Publishers ISBN 0-7852-7249-6 ($12.99 223 pages). If you represent a group or institution, you can order a copy directly from the publisher, Thomas Nelson, at 1-800-251-4000 or 1-615-889-9000 for $8.99 (the institutional, single copy discount).  For lots of twenty, including shipping, the price is $197.98 (Nelson Word Direct, POB 140300, Nashville, TN  37214-0300, Attn Pam Owens).

Bounced E-Mail

The e-mail of last month's newsletter to the following e-mail addresses failed.  If you have one of these addresses, my apologies for the vagaries of the net.  I know that many of you are out there as we correspond. The error messages were included for your use in discussing the issues with your service provider.
Connection refused by Deferred: No route to host
Name server: jur.uva.n: host not found
Name server: host not found User not listed in public Name & Address Book> ... unknown user

More Governmental Links

Another Free Service's latest announcement:

Subj: XOOMletter Vol. 1, # 1
Date: 98-05-06 12:23:15 EDT
From: (XOOM)

Dear XOOM Member:

(note, I am no longer a XOOM member, but I find their e-mail useful so I have not unsubscribed)

Welcome to the XOOMletter! XOOM is such a beehive of activity that even us worker bees at our downtown San Francisco office can barely keep up with it. So we know how hard it has to be for you, no matter how often you visit our site.

Twice a month, starting in May, we hope to keep you (and our staff) up-to-date on all the exciting new things going on here. We'll also provide a tip or two about using the new features at XOOM, introduce you to some of the nifty people working here, and let you know about special member offers you might have missed.

Here's the lineup for this issue:

  1. NOW, 11MB of free Web space, Easy Page Builder, free chatrooms, and more
  2. Our Build a Better Page Contest*First Prize*all expense paid trip to London
  3. Welcome to our official credit card, First USA
  4. Meet our Website Manager Jeff
  5. Tip of the week: Getting photos on your Easy Page Builder site
  6. Special Offer on XOOM's 3-D Web Animation Pack

-- the button that went with the "top 100" site review.  I'm looking forward to the book review (which will have additional material and is expected to have comments by each of the reviewed sites' authors).

-- the button that went with the Argus Clearinghouse adding of this site to their master index.  < Clearinghouse  >will take you to where this site is listed.

The following is a script I implemented on my site on May 7, 1998.  Wish me luck

Do you like this site? Tell a friend!
Name Email
Your Friend:

(If you make a referral, you will be offered the Perl script
used for this referral system, all it costs is one referral.)

Just finished getting the cgi script to work correctly.  For copies of everything, look at -- you can get copies of the script, etc. there without having to make a referral.

Final notes on traffic to this site:

I use wusage for my statistics.  Like almost all useage measurement software it does not count pages served from cache memory.  With the recent upgrades to my service providers machines, the cache rate has improved.  Luckily, the cache does not seem to cache cgi hits and mid file calls -- both of which I have on the site.

By using cgi counters, etc. I can track the approximate cache hit rate (some of the scripts are not run if graphics are disabled, some if the wrong version of IE or NN is being run).  Before the upgrade, about one third of my page impressions came from cache hits.  Currently, approximately half of my page impressions come from cache hits.

Currently that means that there are approximately ten thousand relevant page impressions a week on the site.  (There are about another six thousand or so page impressions on areas not relevant to dispute resolution).  With graphics, etc., the number of "hits" (a measurement that doesn't provide much feedback) is around thirty thousand or so a week.

Just an update for those who are interested in such issues.

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