You are at: [Mediation Services] [  > Back Issue Index  > Issue 11]  -- [Mediation Books / Search]

Subj: Newsletter from ADR Resources // August 1998
From: Ethesis@AOL.Com (Ethesis)


In the advanced topics section of my site I have included the outline for my general theory of conflict. is the essay:  Patterns, Pathologies and Paradigms.  While needs based analysis is a theory of conflict resolution, my essay sets out a theory of conflict and patterns in conflict.  It is still rough (I first published on my theory in 1993 just after my daughter Courtney's death), but it expands the theories we work with -- especially in institutional and organizational settings.

I am especially interested in suggestions or advice in regards to expanding the metaphors I am using to explain the theory and in observations, developments and thoughts other dispute resolution professionals may have.  If you could be so kind as to visit and make suggestions and comments, your feedback would be appreciated.

In addition to a comprehensive rewrite of I have also added several other new essays and resources, discussed below as well as The Gidget Man and the Business Master or The Magic of Mutual Respect and Trust by Richard A. Caughlin.  It is 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 mediator's sites at and value referrals and suggestions about good sites.


In memorium for my three daughters:

Two new resources on the site are to be found at


I've added a new essay:  The Lessons of Oslo at  It covers the concept of Facilitation and Peacemaking Rules from a different perspective.  In addition to the rules, it also provides three process cues I consider important, especially the fact that testing should be welcomed as a necessary step in creating validity and peace, not confronted as a challenge to the process.  As long as the metaphor the mediator/facilitator works under is that of the mediator as a servant, this should not be a problem.  However, those mediators who work under the metaphor of the mediator as the master of the process often treat testing as a personal challenge.

Negotiation Journal, Volume 14, Number 2 (Plenum Press 1998) has an excellent article on Negotiation:  The Chinese Concept by Guy Olivier Faure (at page 137).  Well worth reading.

South America Updates

The information I had on Columbia was not complete. In addition to the academic program whose announcement I forwarded, the local Chamber of Commerce in Bogota has a strong center after more than four years of a wide variety of dispute resolution activities and training.  The Universidad Javeriana organized in October 1996 "a monster international ADR conference". Several universities, such as the Universidad de los Andes and the  Universidad del Norte have established programs in negotiation, ADR, etc. Several provincial Chambers of Commerce, such as in Barranquilla and Cartagena have mediation services.  Nova (contact at provides a yearly week training in Mediation to professionals in Barranquilla in March. Further, the Bogota Chamber of Commerce is very strong in participating at the process of bidding for international money such as IDB, World Bank money, to implement mediation services in other countries, for example the project in Ecuador.

Please forgive me for my errors in understanding the Columbian Professor I communicated with.  My apologies to all.

Academic Updates

Jay Welch, who teaches negotiation and ADR at both USC and USF's Law Schools is always on the look-out for good role-plays and games.  He can be reached at  Please feel free to send him links, etc.

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.
If you are curious where the term/name Ethesis comes
from, visit

Back issues at

If for some reason you wish to be removed from my periodical mailings please let me know.  I just updated my mailing list software 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).

Re Hamline University's ADR Position

Thanks for your inquiry about our open faculty position. To cut to the quick, there is no "inside" candidate. The former DRI director, Bobbi McAdoo, recently accepted a position at the University of Missouri-Columbia law school as Professor and Director of their new LL.M Program in Dispute Resolution. We're very proud to see her leave for such a prestigious appointment; now we are embarking on a national search to recruit a tenure-track replacement for her, to continue and advance Hamline's commitment to cutting-edge ADR programming and scholarship. For the coming year, I've been named the interim director of the Institute while the national search takes place. I am not a candidate for the permanent position. Should you have additional questions about the position or hiring process, please don't hesitate to contact me. As noted in the job announcement, actual applications for the position should be directed to Professor Kenneth Salzberg.

James R. Coben
Clinical Instructor of Law
Hamline University School of Law
1536 Hewitt Avenue
St. Paul, MN 55104

From a professional (non-attorney) mediator about his group:

However, I find that many of the local non-attorney mediators are dumber than water and goofier than a pet racoon. Their primary interest in credientialling the profession is how the issue directly affects them.  Since the non lawyers do not see this as an issue presently and assume that they will be grandfathered, they mostly do not care. Changes are coming and the non attorney mediators, excluding family counseling types, will be swept away eventually.  On the other hand the attorney-mediators are dues payers only and often have little experience regardless of the group they belong to -- but the judges like them.  The real battle is not over credentialling at all. The battle is for access to the the mediation arena. The non-attorney medators don't want to be cut out at the courthouse but are floundering. The attorneys just need to sit back and win by default.

Court related meditation will be the battle ground. The local bar groups and local council of state judges continue to adopt local rules that mirror federal local rules.  Those rules require a bar ticket to play at the courthouse. These local rules are the battle ground that will affect mediation long before the credentialling/standardization issue is settled and that battle will be over before the first shot is fired.

From the Williamette University Newsletter

ADR Online: The Pros and Cons of Mediation
By Judith P. Meyer

"To mediate or not to mediate--that is the question for more and more people who have conflicts to resolve." This article uses several hypothetical situations to explore the pros and cons of mediating.  Details:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ADR Online: Ethics Within The Mediation Process
By Mattox Hair, Sharon Press and Brooks Rathet

The article discusses the ethical and professional concerns involved in the mediation process with Florida as a state model. Florida requires mediators to go through specific certification training. The state created the Mediator Qualifications Advisory Panel to provide mediators with guidance and interpretations of the rules and conduct.


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ADR Online: The Attorney-Client Privilege and Arbitration
By James H. Carter

This article tries to address the question of whether the attorney-client privilege is applicable to documents subpoenaed in an arbitration. The answer to this question is not always so clear and the arbitration rules generally do not say much about privileges, and statutes even less.


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ADR Online: George Mitchell - Role Model for Mediation
By Geoffrey Corry

This article outlines several strategies and process interventions used by former US Senator George Mitchell and his mediation team during the "Stormont Building" talks.  


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ADR Online: Arbitration And U.S. Courts - Balancing Their Strengths
By Judge Jose A. Cabranes

The attitude of American courts towards arbitration has shifted over the last quarter of the century. Where judges once resisted arbitration, today they often seem to be its biggest boosters. This quiet revolution in American law has been led by the U.S. Supreme Court itself.


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ADR Online: Choosing The "Expert" Mediator
By Norman Brand

This article discusses how to evaluate and choose mediators based on their skills, expertise, and stature.


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ADR Online: Financial Community Taps ADR

"From financial planning organizations to accounting firms, more and more sectors within the financial community are discovering the advantages of using alternative dispute resolution methods in resolving client disputes quickly and efficiently. A coalition of financial planning organizations announced recently that it has chosen the American Arbitration Association to administer a mediation program for financial planners and their clients."



Recent Developments in Dispute Resolution Willamette Law Online - Willamette University College of Law
Faculty Editor: Ross Runkel -
Student Editor: Kevin Cheatham -
Student Editorial Board: David Ward, Alison Hohengarten, Scott Perry
(Past Newsletters: Available Online At The Website Under "DR Newsletter")


-- 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.

[return to mediation newsletter index]

Mediation Bulletin Board Link
Link to Dispute Resolution Related Book Reviews

Copyright 1998 Stephen R. Marsh [home]

Mediation Essays

Mediation Topics

Mediation Centers

Advanced Topics

Bulletin Board

ADR Links

More ADR Links


E-Mail to Author

Author's Home Page

Search the Site

This Website is by Stephen R. Marsh
Contact Information at: