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Mediation On-Line

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


On reflection, some of the best ADR training and materials I have ever seen were at aSan Antonio conference I attended. The Federal Mediation and Conciliation Service had a powerful presence and provided some of the strongest training.  My thoughts following attending the conference are at  How should Texas (and other states) regulate and certify mediators?  I think it will take a great deal more thought.

I have updated my index of on-line mediation materials available at sites other than mine. is the url for my Mediation Papers Index -- worth a visit -- and, if you have one to add, please let me know.

Finally, in order to keep the size of the newsletter manageable, about half of the content is only on-line.  The on-line material is by far the least important.  The "" in the address line at the beginning of the newsletter is the location of the on-line version.  The index to the on-line issues is at

The on-line version includes a question from the National Center for Mediation and Conflict Resolution in Israel, a comment from a Nova Southeastern Student, the UMass Conference Announcement and other material.

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.


The following organizations have been financing mediation initiatives in a very significant and active manner.  The William and Flora Hewlett Foundation, The Carnegie Foundation of New York, The Pew Charitable Foundation Trusts, The Charles Stewart Mott Foundation, The Rockefeller Brothers Fund, The Kendall Foundation, and the German Marshall Fund of the United States.


I've added the excellent essay, The Use of Mediation in Estate Planning, an insightful article by John A. Gromala on using mediation during the planning process to help estate planners improve client satisfaction, reduce the probability of family litigation and avoid malpractice claims at

From a newsletter subscriber:

"Dear Stephen

I attended the mediation training put on by the Mennonite Conciliation Services last week. This was my first mediation training therefore I have little to judge it on. It is not, however, my first experience in a class setting like that for a full week.

The two trainers did an excellent job. Their balance between the theory and practical was good.

One thing that stood out to me, and I would welcome your comment on this, was the mediation model they taught. It stressed both conflict resolution and healing. In other words, they would not be happy with just a resolution to the conflict, but they would want to determine that healing has also occurred. Their premise is that if a conflict has been resolved without healing and true reconciliation between parties has not been reached, then there is a good chance of future conflict. What do you think of this? You are welcome to include this question in your next news letter. I would be interested to see what a wider group of mediators thinks.

I am wondering where to go with this from here. I have several ideas and would be happy to run them by you when they become more clear to me. In the mean time, could you suggest a resource on divorce mediation?"

Defense Research Institute (DRI) has an adr related periodical now available.  I should be receiving a copy soon and will be certain to comment on it.

South America Updates is well worth a visit.  The site is based at Buenos Aires, Argentina -- an area that has one of the most mature mediation programs in the Western Hemisphere.

Camara ( has decided to go to an internet publishing only model.  Expect updates on the web site in the next month or so.

IPRECON is the Peruvian Institute of Conflict Resolution, Negotiation and Mediation (IPRECON), with a web site at  Vist them or send an e-mail to if you have Peru related updates.  Also remember APENAC (at Lima, Peru), url, which has begun several new and important initiatives.  Peru has an impressive dedication to mediation.

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).

Personal note.  The first anniversary of the death of my daughter Robin was August 31, 1998.  My apologies for any formatting errors, typos or other mistakes that I failed to catch for the September 1, 1998 issue of Mediation On-Line. It has been a difficult year.

Date: August 14, 1998
From: Daniel Ebenstein <>
To: Daniel Ebenstein <>

Thanks to everyone who responded to my earlier request for information on medical malpractice.

I have another question for the list:

The National Center for Mediation and Conflict Resolution in Israel is working on promoting mediation here. One issue that has come up is the regulation of fees in court referred mediation. These are cases which are in litigation, and in which the judge suggests to the parties to try mediation and refers them to either a mediation center or a list of mediators, or sometimes to a particular mediator (the field is very new right now, this unregulated situation will probably change very soon). The payment for the mediation is made by the parties directly to the mediator. The question is whether the court should regulate the fees or limit them, or should market forces be left to work alone.

What is the practice in different jurisdictions in the USA? What are the rates charged? I know there are different systems functioning now, but I would like to know if people have any lessons from experience to share.


Daniel Ebenstein" is the url for Dr. Elgin's new book. More on that next issue.

From the Willamette University Newsletter (again, my advice is to subscribe -- it is free -- not to mention, these reposts are always about two months later than the originals, so subscribing gets you the news on time!).

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

ADR Online: Litigation vs. Mediation Options -- A Checklist For
Trademark/Unfair Competition Dispute Managers

This article provides a checklist to help disputants evaluate the pros and cons of litigation and mediation. The web site is equipped with a form that allows users to appraise their dispute and decide whether to litigate or mediate. Details:

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

ADR Online: Barriers To Every Day Communication
By Nancy Foster

One of the most common complaints from clients entering mediation is that they cannot communicate with each other. All of us have experienced, at one time or another, the frustration of feeling misunderstood and being unable to make ourselves be understood by another person. This article introduces the concepts of good communication and discusses some of the common barriers to communication.  Details:

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

ADR Online: Mediation Pitfalls And Obstacles

This article discusses situations where mediation may not be appropriate and how to handle the pitfalls of these problems. Details:


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
Web site:
(Past Newsletters: Available Online At The Web site Under "DR Newsletter")

From Nova Southeastern

I read your question and answer entitled "Dispute Resolution and Mediation Graduate Degrees" and am quite disappointed to see that you never mentioned Nova Southeastern University. When I began my personal search for a "pure" Master's degree in conflict resolution, I found Nova Southeastern University in Ft. Lauderdale, Florida. Not only does Nova offer a Master of Science degree in dispute resolution, a PhD and a certificate is offered, as well.Additionally, as with many of the university's programs, fulfillment of a practicum requirement is included as part of both the master's and the PhD. The obvious benefits to the practicum is that students have the opportunity to get their feet wet and to see just what is "out there." Having just completed the Master's and just beginning the coursework for the PhD, I would agree with you that employment in the field is somewhat limited--for now, anyway. In response to that, a large emphasis at NSU's Department of Dispute Resolution has been toward encouraging students to be flexible, open-minded, and imaginative in creating a niche for themselves.

This program may be young, but in similar fashion to the field of dispute resolution, it is growing fast and deserves recognition.

Thank you,
Jeanmarie Pinto, M.S.
Nova Southeastern University

On October 23 and 24, 1998, the Graduate Programs in Dispute Resolution at the University of Massachusetts Boston will host the second biennial conference for graduate students studying conflict in a variety of disciplines. Others interested in the field are also welcome to attend.


The conference will


Papers to be presented at the conference were submitted in response to a call for papers in spring 1998, and chosen by a committee including William Breslin, Executive Editor of Negotiation Journal, Anthony Wanis St. John, a doctoral student at the Fletcher School at Tufts University, and graduate students and faculty from the UMass Boston Graduate Programs in Dispute Resolution (David Matz, Susan Doherty, Vandena Rao, Georgeann Abbanat, Jody Williams, Susan Reed, and Gillian Krajewski).

The presentations, grouped according to topic, will be made at round-table sessions chaired by scholars knowledgeable in the topic areas. After brief summaries of each paper, the ideas raised in the papers will be discussed by round-table members and members of the audience. Papers presented will be available at the conference, and selected papers will be posted on the World Wide Web. A conference Best Paper Award will be presented at the conference banquet. The conflict studies journals Mediation Quarterly and Negotiation Journal will be considering work presented at this conference for possible publication.

Special Career Event

On October 24, the conference will hold a special session on how conflict studies graduate students can find career opportunities in the entrepreneurial, academic, corporate, public, and private sectors. A prototype for a new data bank providing information on selected employers in the will be demonstrated, and plans for a study of conflict studies career paths will be explored.

Invited Speakers

Deborah Kolb of Simmons College will be the guest speaker at the conference banquet on Friday evening. Anthony Wanis St John, a doctoral candidate at Tufts University Fletcher School will speak at the conference luncheon on Friday. The Program

Session Chairs

As at the 1996 event, each conference session will be chaired by scholars eminent in the conflict studies field. Chairs participating in the 1998 conference include, Gordon Fellman, Brandeis University Eileen Babbitt, Tufts University (Fletcher School) Winston Langley, University of Massachusetts Boston Janet Rifkin, University of Massachusetts Amherst Elaine Landry, Babson College Bruce Patton, Harvard University Cynthia Chataway, York University (Canada) Bob Smith, Boston College Brian Mandell, Harvard University


Friday October 23, 1998


Conflict Studies Conference, Graduate Programs in Dispute Resolution, University of Massachusetts Boston, 100 Morrissey Boulevard Boston, MA 02125-3393 U.S.A. email: Tel: 617-287-7415 Fax: 617 287-7404

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