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Mediation On-Line

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


I've added an essay by  Charlotte Gottschau on the Minneapolis Conference on Conferencing at  She discusses mediation of family violence, school problems and restorative justice issues.  An excellent example of places mediation has gone beyond the narrow confines of what most people think of when they they think of (court-annexed) mediation.

If you are interested in joining an AAA panel,  for the requirements, visit AAA panel membership is now being expanded.

Finally, my dispute resolution links collection has undergone a major update and re-organization.  Visit it at  If you know of a site that I have missed, please let me know.  Re-arranging everything into alphabetical order and cleaning up the categories was an interesting endeavor.  I have decided not to alphabetize the small firm/solo practicioner link collection, though as it grows I intend to find a way to create structure.

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.  There is a new "recommended" button (courtesy of David Moon).  I will attempt to attach it to the newsletter as a file attachment and it will be available on the on-line newsletter page at


I decided to learn how one applies for positions teaching dispute resolution and have had some excellent experiences with sending out resumes, dealing with the AALS, etc.  It has been facinating, especially since one of my personal dreams is to teach mediation in a university setting.  

For November I have published two articles.  One is in the Law Practice Management Journal (an ABA publication) at page 69ff for the November/December 1998 edition.  The other is in Camara (Peru).

Also for November is a conference in Vancouver, Canada.  For more information and a brochure contact Bill van Zyverden, International Alliance of Holistic Lawyers, P.O. Box 753, Middlebury, Vermont 05753 USA Tel No: 802-388-7478 Fax No: 802-388-4079 E-mail: or Charlotte Gottschau (604) 878-1266 E-mail, Bob Eades (604) 681-5874 E-mail, Eva Van Loon (604) 221-0331

The Grandmother Principles by Dr. Suzette Haden Elgin is well worth considering. Suzette is on tour promoting the book for a couple of months and will be available at cities all over the United States.  She was on the Today Show on October 17th and this book may well be a break through in letting the public know that the author of The Gentle Art of Verbal Self Defense is still alive and publishing.

Ralph Kantor's No Whack Pack -- Non-Aggressive Strategies for Aggressive Kids is a useful publication for anyone who does family or divorce mediation.  Some of the strategies work well with clients.  It is a bound collection of flip cards, but written more to a professional than a lay person.  You can call his group at 1-915-692-5805.

The targets of the product are the staffs of various institutions such as emergency shelters, schools, day care facilities, counseling groups and hospitals who are working with aggressive personalities.  If you have implemented a Gentle Art training program to channel and reduce verbal violence and to encourage synchronics and neurolinguistic skills, this is an excellent tool for general training and for dealing with those who intend or who resort to violence.

Pricing is $15.00 individual, $10.00 a pack in groups of five or more.  Some groups have used this as a fund raiser.

Finding Common Ground, A Field Guide to Mediation by Barbara Ashley Phillips, would make an excellent text for an introductory course on mediation for college freshmen.  $16.95, 222 pages, published by Hells Canyon Publishing of Austin, Texas541-742-6285.  Most of the materials I have seen are either aimed directly at a lay audience and lack enough substance for a college course or are aimed at a professional audience that has far more life experience and training than a college freshman generally has.  I'd like to try teaching a class based on this book.

International Updates

The government of Ontario, Canada, is introducing mandatory mediation in all civil cases except family disputes. Pilots have been operating in parts of the province. A lot of information on the system, and on the qualifications of mediators, is available at The system involves a private-sector roster to be paid fixed fees for an initial round. Mediators will not have to be lawyers.

On Graduate Programs

I've been looking for more information on true distance learning Dispute Resolution Graduate Programs.  If anyone has information, web sites, etc., I would appreciate updates and publicity releases.  Thank you.

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).

An advertisement I received by e-mail:

You may be interested in owning a copy, and citing the availability on your web site, of our video "Mediation - an Introduction." This very popular video is in use in over one thousand schools, institutions, law offices, court systems, etc. Below is additional information. Ordering info is at the bottom.


Tim Leary
Producer, ADR Video Project

MEDIATION - AN INTRODUCTION. [A video tool for professional use]

An excellent* new video and workbook for dispute resolution professionals, governments, court systems, lawyers, trainers and others who want to orient and inform citizens, clients, individuals and organizations about the concept of win-win conflict resolution and problem solving.

THE AUDIENCE: Mediation - an Introduction is intended for individuals or groups who will benefit from an understanding of mediation regardless of the type of dispute that may be involved. While the focus is on voluntary, interest-based mediation, other alternate dispute resolution options are explained.

WHO SHOULD PURCHASE THE VIDEO: The video and workbook will be valued by Alternate Dispute Resolution practitioners, mediators, counsellors, lawyers, courts, governments, planners and others who provide assistance, advice or counsel to parties involved in disputes, negotiations and/or litigation. Educators and professionals who train mediators will also find the video very useful to orient and inform students.

THE VIDEO'S FORM & CONTENT: The 20 minute video includes a scripted, dramatic story that unfolds with pace, tension, and humour, featuring some of Canada's finest actors including R.H. Thomson, Rosemary Dunsmore and Damir Andrei (the writer and actors are each recipients of multiple arts awards). In addition, participants in real-life mediated disputes enlarge upon the role-playing and provide a compelling personal perspective on mediation. Commentary from several professional mediators and a judge provides expansion on important points.

INPUT & REVIEW BY PROFESSIONALS IN THE FIELD: All of the professional commentary in the video is provided by mediators, lawyers and judges working in the field. The carefully researched script and video editing have been reviewed by members of the ADR Section Committee of the Canadian Bar Association - Ontario. The committee has endorsed the video for sale and distribution to Members of the Bar. Special input was provided by lawyer/mediator/trainers Allan Stitt (Harvard Mediation Project; U. of Windsor; Stitt Feld Handy Houston) and Kathleen Kelly (Kelly International Settlement Services) both of Toronto.

THE STORY: The video uses as a model the dispute between a land developer (played by Rosemary Dunsmore) and an environmentalist (R.H. Thomson), each seeking to win her or his respective positions by defeating the other in court. At first they reject mediation. Finally, with assistance, they arrive at a resolution of their volatile dispute. In the process we hear how all kinds of conflicts can involve similar behaviour and how a mediator can help sort through the barriers that stand in the way of resolution. A third party's involvement (a municipal politician) illustrates the reality of multi-party conflict. The real life disputants and mediators in the video include a divorced couple, a real (as opposed to fictionalized) land developer and an environmentalist, a family court judge, a well-known mediation training specialist, and a lawyer-mediator.





The purchase price of the video & workbook is: U.S. purchasers: US$50. + US$7.50 shipping and handling (tax exempt); Canadian purchasers: Cdn$69.95 + Cdn$5.00 shipping & handling (Residents of Canada add 7% GST; Residents of Ontario add 8% Retail Sales Tax in addition to GST.)


send by regular mail; include your name, position or title, company or organization, mailing address, telephone number, fax number, e-mail address, and your check or money order for the required amount to:

MGI Film & Television
MacKenzie Group International
P.O. Box 218, Stn. C
1117 Queen Street West
Toronto, ON CANADA M6J 3P4 (Allow a few weeks for delivery!)

VISA ORDERS are fulfilled more quickly and can be taken by phone. Simply CALL (416) 535-5512

GUARANTEE policy. If the video does not meet your requirements, send it back to us in its orginal packaging within 10 days of receiving it, and we will send a refund of 80% of the purchase price. We have adopted this policy in lieu of a "preview policy" because the video is so reasonably priced that shipping for preview purposes does not make economic sense (and, frankly, because its brief history has demonstrated that more than 99% of purchasers find the video more than satisfactory).

I received this too late to really do much to inform people by the deadline, but they will probably have another grant and other programs. Keep them in mind and make contact with them if you have software needs so that you can discuss the issues with them.

The following announcement looked really like a way to sell software, with price sensitivity, than legitimate vouchers. But, it is exactly what it looks like -- sadly, scams have really eroded the public trust so that honest people get mistaken.


Rhonda Peterson Tom Buckner
Anne Pokras Thomas Lannom
NAFCM Staff: Larry Ray, Joanne Hartman

Date: August 3, 1998

RE: Financial Assistance (Vouchers) Available to Purchase
Selected Case Management Software
Application Deadline is October 1, 1998.

Great News! The National Association for Community Mediation (NAFCM) announces the availability of financial assistance to NAFCM community mediation program members who want to purchase select case management software. Qualifying centers will be provided vouchers that cover a portion of the cost of pre-selected software programs.

The goal of this project is to build the capacity of community mediation centers to manage caseloads and gather caseload data more efficiently by underwriting select software packages supported by on-site and telephonic technical assistance. The project is made possible by the William and Flora Hewlett Foundation.

Three case management software programs will be offered to community mediation programs. All software programs meet certain criteria, including:

> strong technical support
> adaptability – configurable on-site for local needs
> specific data fields (client information, referral source, nature of dispute, etc.)
> the ability to generate configurable correspondence
> the ability to generate statistical reports and cross-tabulations
> the ability to conduct searches for specific data
> the ability to export data for wider research purposes

Call the NAFCM office to receive inserts for more information on each program.

The three software programs that will be subsidized are:

> Dispute Resolution Case Management System (DRCMS), New York
> MADTrack, SoftGoals, Oregon
> Mediation Manager, TekData (TekSupport), Maine

Software vouchers will be distributed based on the center’s need, as determined by guidelines developed by the Software Assessment Committee. Centers that receive financial assistance will meet the following criteria:

  1. NAFCM program member
  2. In operation at least 2 years
  3. At least one full time staff
  4. Annual caseload of at least 100
  5. A computer resource person (data management aware) available in organization (staff, consultant, volunteer)
  6. Appropriate hardware or a plan of action to immediately acquire it.

Voucher Amount:

The amount of the voucher or assistance is based on program budget.

The maximum subsidy is $1,500.

Center budget range NAFCM Subsidy Center match

Up to $75,000 70% 30%
$75,000-$150,000 50% 50%
over $150,000 30% 70%


Single User Multi-User License

DRCMS $500 $500 plus $300 each additional
5 user license $1,500

MADTrack $837 $837 plus $207 for 2-3 additional seats,
$182 each for 4 or more additional seats,
i.e., 5 user license $1,565

TekData $799 N/A

Technicial Support:

> DRCMS: free during the first 30 days
> MADTrack: 10 hours of free phone support during first 180 days
> Mediation Manager, TekData: 6 hours free

In addition to the vouchers, NAFCM has set aside a pool of money to be used for technical assistance, when needed. Each qualifying center will receive support for additional technical assistance – support may be either from a local computer consultant or the software vendor. NAFCM will reimburse the cost of technical support. The dollar amount will depend on the number of centers requesting assistance. However, it is expected to be not less than $1,000.

Follow-up: The final condition for this voucher is the agreement from the voucher recipient that they will cooperate with NAFCM in follow-up and national data collection. First, NAFCM will conduct a follow-up survey and evaluation of the software programs. Secondly, access to data from community medation centers across the country is important for research purposes and collection of national statistics. With similar software, less effort is required to facilitate the export of non-confidential demographics and other relevant material. Each software program has some export functions.

If your program meets the criteria and is interested in a voucher to purchase one of the selected case management software programs, please complete the application and return it to NAFCM by 10/1/98. NAFCM expects to distribute vouchers by October 23.

We are very excited about this opportunity to help you achieve your goals and fulfill your mission. We also expect the national data collection to lead to useful research for the field as well as increased recognition for community mediation centers nation-wide. We are looking forward to hearing from you. Thank you.

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