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Mediation On-Line

A Newsletter from ADR Resources
Volume 2, No. 1, October 1998
From: Ethesis@AOL.Com (Ethesis)


This is my first anniversary for the newsletter.  My thanks for your interest.  Also, with the year anniversary of my daughter Robin's death, I've begun doing some public speaking on mediation again.  I will be at the Oklahoma City conference on mediation October 9th.  Anyone who is interested in attending should contact for details and information.

On my mediation site I've added some recommended books and short reviews at  I'm looking for suggestions and additions for that list and must thank those who have already given me some great advice. I'm also pleased that this on-line newsletter has gone into a second year.  Also, there is a new graphic for those sites recommended by ADR Resources, and that file has been sent everyone on the mailing list as an attachment.

Finally, I am looking for comments and feedback on distance learning Dispute Resolution Programs.  So far I have heard about the Distance Education masters program in Behavioral Science, Negotiation and Conflict Management, from Cal State Dominquez Hills.  I'm looking mostly for information on Ph.D. programs and intend to post the results in the newsletter.  After all, not everyone can attend Nova Southeastern, Harvard, ICAR or Cornell ....

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.


Many facilitation and mediation initiatives benefit from having public message boards or foums.  If you are interested in creating a support group forum or similar entity on the web, visit Delphi at  Free forums.  As of August  1998, they had 35,000 forums running, with 30% plus growth a month.  Usenet has only about 25,000 active groups.

Brenau University at has begun an undergraduate Dispute Resolution Program.  It is the only one I am familiar with.  If you know of another undergraduate program (especially if it has a web site), let me know about it.  Columbia has not only upgraded its law school program, but has a distance/part-time oriented program as well.  That url is

For more on Brenau's program, contact:

Kenneth K. Frank, Associate Professor and Director,
Conflict Resolution and Legal Studies Program
Brenau University
One Centennial Circle, Box 18
Gainesville, GA 30501
770 534-6297


The Grandmother Principles by Suzette Haden Elgin is well worth considering.  The url I have for looking at the book is  For those who ask why I sometimes use links when I'm running a Barnes & Noble bookstore on my site (so that I don't get paid if you go to ... well ... the newsletter is intended to send you to the best place.  The bookstore is intended to exist to push Barnes & Noble into expanding their offerings (if you run a bookstore, you can prod Barnes & Noble and they will add books they don't carry), which improves the resources available on the net.  The web site for the book is

International Updates

Camara ( is moving to an internet only publishing model as a result of fund raising constraints (the internet model allows them to publish without any costs).  Please submit articles (in Spanish) to

Serge Braudo ,Conseiller honoraire C.A Versailles has moved his web site, L'arbitrage.  It is now, with new essays and materials, at

On Employment

This may add to the way people think about ADR careers. I agree in part with the post-career careers description in regard to obtaining a well paying ADR position. I would like to add that it not only depends on your web of affiliation but the overall ADR climate in your state and/or job market. Of the 83 position announcements I sent to my doctoral students last year 14 were Florida based and I know there were more but I did not find them all. In addition, most of those paid a livable wage and I would guestimate that around 1/3 of them did not ask for extensive experience. Some of our students who had little or no professional experience prior to entering our masters program nor their own ADR network to tap into have managed to land some important, and well paying, ADR jobs not only here in Florida but also in New York and Washington.

A few have even taken work overseas. I would caution you to view these as atypical instances but still welcome news. I hope these instances are an indication that the market is gearing up to take entry level people and not just those with massive amounts of experience. Sometime within the next few weeks our home page will have a current position announcement listing similar to George Mason's ICAR page although many of the jobs I find are in the private sector as well.


Brian Polkinghorn
Department of Dispute Resolution
Nova Southeastern University

This only adds to the positive impression I have received of Nova from the students I've been in contact with -- and suggests that a visit to their web site is a good idea.

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. If I'm sending anyone extra copies or sending it to anyone who shouldn't be getting it, please let me know. This e-mail mailing list is supposed to be limited only people who would be interested and who have subscribed.  Thanks for your patience and help.

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

On 19 May 1998, the House of Representatives in Belgium adopted a new bill that was published on 7 August 1998 in the Official Journal (“Moniteur belge / Belgisch Staatsblad”). The complete text can be reviewed in Dutch and in French at

On Teaching ADR (in a law school environment), a quote from Brian Leiter:

"One thing to keep in mind is that candidates for law teaching in certain areas--e.g., constitutional law, jurisprudence--are in over-supply, while candidates in other areas--e.g. real estate law, commercial law, property, intellectual property, alternative dispute resolution, trusts & estates--are often in short supply. You should think about what areas of law you might cultivate as areas of expertise which would make you especially attractive as a candidate for a law teaching position."

"One important caveat about these three paths to law teaching. Most law schools are, more than anything else, looking for potential scholars. All of the paths described are thought to be good proxies for identifying those with scholarly potential. But one way to establish one's scholarly potential is by, in fact, publishing scholarly work before looking for a job."

Job placement comment:

Though we are small in terms of total numbers, we have rarely hired someone already trained in mediation and some have been rather newly out of school, though we have searched for seasoned veterans. We have so many applicants by simple word of mouth that we need not advertise. Our starting salary is $40,070, if I remember correctly. I would probably conduct searches differently were the job totally in my hands because I would love to hire devoted-to-mediation mediators. Obviously, we will not show up on any service posting such openings. I would advise networking and joining professional organizations, attending conferences, etc.

(We are a court-annexed, county paid custody and visitation mediation service...about 18 mediators.)

Sharon Zingery
Circuit Court of Cook County
Chicago, IL

[Press Release] Common Bond Institute (USA) & HARMONY Institute (Russia)

Next training:


October 31 - November 7, 1998
(1999 training dates to be announced)

A continuing series of professional trainings geared to any individuals interested in developing and practicing personal and professional skills in conflict resolution.

Seminars, workshops, dialogues, and cross-cultural community events designed to create an extraordinary cross-cultural, multi-disciplinary learning experience focusing on holistic approaches to conflict personally and professionally.

Training registration is limited

~ Continuing Education Credits available ~

PROGRAM INCLUDES: A well rounded and integrated series of high quality didactic and experiential learning experiences artfully woven together to stimulate the mind, relax the body, deepen the soul, sharpen conflict resolution skills, and inspire authentic community.

* INNOVATIVE PROGRAMS AND CURRICULUMS presented by outstanding faculty for practicing holistic conflict resolution on many levels in schools, families, neighborhoods and communities, work settings, interpersonal relationships, as well as between larger groups and organizations.

* A VARIETY OF POWERFUL INTRAPERSONAL METHODS for exploring and developing conflict resolution within the inner environment of the self as a base for bringing this work into interactions with others.

* A CROSS-CULTURAL COMMUNITY EXPERIENCE to explore diverse perspectives and inspire ongoing international networking.

For information and registration forms, CONTACT: COMMON BOND INSTITUTE (USA), Steve Olweean or Sandra Friedman 12170 S. Pine Ayr Drive, Climax, Michigan 49034 USA Ph/Fax: 616-665-9393 E-mail:



"Sharing Tools for Personal/Global Harmony"

May 6 - 16, 1999 St. Petersburg, Russia

Sponsored by Common Bond Institute (USA) & HARMONY Institute (RUSSIA), in cooperation with Association for Humanistic Psychology.

A multi-disciplinary/multi-cultural conference supported by President Clinton, President Yeltsin, St. Petersburg Governor Jakovlev, and endorsed by 48 leading-edge organizations internationally - open to all.

This joint US/Russian sponsored event FOCUSES ON all aspects of conflict resolution, from the intrapersonal - to the interpersonal - to relationships between groups, organizations, cultures, and societies - and ultimately between us and other species.

PRESENTATIONS explore conflict resolution within diverse contexts, including: arts & creativity, cross-cultural, ecology, economics & business, education, gender, global/regional conflict, health & healing arts, organizational/community, psychotherapy, and transpersonal/spiritual.

Many opportunities are offered for hands-on practical skills training, sharing of programs and curriculums, intensive dialogues on theory and perceptions of conflict and resolution, networking and collaboration, and a powerful intentional community experience. Participants have come from over 30 countries and all continents, providing excellent opportunities for important networking contacts with representatives of many organizations and societies.

The program attracts individuals in key positions in their respective societies who can model and teach these skills to many others.

6 DAYS of all-day institutes, workshops, roundtables, community meetings, and poster sessions. 50 day-program sessions, and a full slate of evening activities and social / cultural events. 4 DAYS of pre- and post-conference professional visits and meetings, rich cultural events, and tours in St. Petersburg.


Early submission recommended

For information, proposal and registration forms, CONTACT:

Steve Olweean or Sandra Friedman
12170 S. Pine Ayr Drive, Climax, Michigan 49034
Ph/Fax: 616-665-9393 E-mail:

Arbitration: Mere Appearance of Bias Does Not Disqualify Arbitrator
Emonds v. Lumberman's Mutual Casualty Co (Conn. App. 7/14/98)

The defendant, Lumberman's Casualty Company, appealed the judgment of the trial court vacating an arbitration award against Edmonds and in its favor. The only issue before the arbitrator was the amount of damages, resulting from physical injuries in a motor accident. The arbitration panel denied the plaintiff's claim and she moved to vacate the award, alleging a bias from one of the panel members. The Court of Appeals ruled that the mere appearance of bias does not disqualify an arbitrator, a party must demonstrate actual bias, rather than mere potential bias, to overturn an arbitration award.

Note that Texas Courts have come to the opposite conclusion.  Pretty obvious that there was harm where there were physical injuries and the panel gave no damages ...

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

No Evidentiary Privilege Existed Against Disclosure of Mediation Matters
In Re: Grand Jury Subpoena Dated December 17, 1996 (5th Cir. 7/27/98)

Individuals who had participated in a mediation session under an agricultural loan mediation program administered by the state of Texas pursuant to the federal Agricultural Credit Act sought to quash a grand jury subpoena which had been served on the program's custodian of records and which demanded, inter alia, information relating to the session. The district court quashed the subpoena, and the federal government appealed. The Court of Appeals held that: (1) the individuals had standing to challenge the subpoena; (2) the issue was not moot even though the information had been turned over to the grand jury; and (3) no evidentiary privilege existed against disclosure of the information to the grand jury.

Presumably this also means no privilege against disclosure of the information to a petit jury.

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

ADR Online: International Arbitration Law: When an Arbitrator Withdraws By Emmanuel Gaillard

This article provides suggestions on how to deal with thesituation. then there is an unauthorized withdrawal of an arbitrator after the proceedings have begun. This well known delaying tactic has become a problem in arbitration.


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ADR Online: How Structure Helps Mediation Plan
By Jeffrey Krivis

This article discusses a five stage approach to mediation that can be followed in almost any mediation case.


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

ADR Online: How Installing A Neutral Fact-Finding Program Helps Companies Deal With Workplace Disputes
By Gregg F. Relyea

While most employment disputes can be handled internally by a company, some disputes resist resolution by direct methods. In such cases, a neutral third party can assist by conducting a fact-finding investigation. Such investigations can head off litigation.


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

ADR Article: The Federal Workplace Ombuds
Ohio State Journal on Dispute Resolution 1998

The author conducted extensive interviews with the ombudsman from several Federal agencies such as the Secret Service, the U.S. Information Agency, and the Department of Energy and discusses common areas of confidentiality, neutrality, mission and structure and impetus to create the ombuds office. A universal compliment for the office was the noticeable decrease in the number of EEO claims as the Ombudsman effectively filtered out claims that could not be properly handled through the traditional, ridged grievance system. Strict confidentiality and neutrality solidify the Ombudsman's credibility and make the office successful in ways beyond complaint reduction. In situations where the employees were represented by a union, ombudsmen were found to act as an early warning system for management and an effective mediator by labor.

The article concludes with an outline on creating an effective Ombudsman office.

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