Mediation On-Line A Newsletter from ADR Resources http://adrr.com/adr9/022.htm Volume 2, No. 10, July 1999 From: Ethesis@AOL.Com (Ethesis) To: SMarsh@adrr.com Subscribe

Greetings:

If you've wondered what your kids think when they hear the term "mediation" a new essay on teen peers at http://adrr.com/adr4/peers.htm discusses an excellent example of a school based mediation initiative.  95% of all mediation training in the United States fits this pattern.  Shana Slater has done an excellent job with this essay that she wrote to discuss the Peacemakers initiative in Texas schools.  A good web site to visit in connection with that topic is http://www.cerlearn.org.

James Boskey, a wonderful mediaton resource, died recently.  http://www.conflict-resolution.net/boskey/index.htm is the memorial website.  He will be missed.

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 http://adrr.com/adr0/links1.htm#SMALL and value referrals and suggestions about good sites.

• http://www.kwham.com/ is a new and growing site run by a Southern California Mediator. Very clean layout -- all it needs is a link to adrr.com to be complete.
• http://www.findlaw.com has free websites available for mediators.  Just follow the directions at http://firms.findlaw.com/. No knowledge of HTML is required and you can probably get a site up in about an hour if you've thought through what you want to do.  I had thought of doing that at one time (but my service provider did not support that application).
• http://www.mediate.com/mosten is a site you should not miss.  Mosten advertises on television and is a commercial success.  Parts of the site load too slowly (I'm a great believer in the http://alertbox.com approach to web page design).  It is also a great example of a group that offers both lawyer and non-lawyer mediators and a group that keeps costs and prices in line.
• http://www.firstmediation.com is another excellent site. Jeffrey Krivis is a well known name, and his site is well done and well designed. The graphics are segmented for quick loading (ok, that's a technical detail, but little details like that add up), the graphic elements and navigation system are clean and consistent (Redstreet.com would rate this in the top 1% of all sites), his paper at http://www.mediate.com/articles/krivis2.cfm (co-authored with Barbara McAdoo -- head of the Columbia (Missouri) L.L.M. in dispute mediation) is excellent -- still a classic, and if you were considering spending $1,500.00 or so on a site, this is what you should expect.  (And no, I don't know what this site cost, but from the quality of work on it, that is the price range for a professional execution and some maintenance on a standard development contract).
• If you get your e-mail, etc. through an institution, you might want to consider switching to a service, such as http://www.planetall.com/ that also allows you to keep your e-mail address book on-line and provides some other services.  As graduation draws near every year, thousands of students lose their e-mail identity and their address books and other services.  Every aol user who leaves the system (or who comes to it from some other ISP) has to start over.  Etc., ad nauseum.  On line services are an answer to that problem.  While I offer e-mail from this site (in case you need a temporary account for job hunting or similar use), it is not a full service, permanent and free platform.  Go to http://adrr.com/adr9/mediation.htm#Free and compare it to http://www.planetall.com/.
• The National Arbitration Forum has a wonderful web site at http://www.arb-forum.com.  I especially liked their consumer commitments and fairness pledges.  Well worth visiting (and perhaps joining if you arbitrate).
• In Czech, Eva Dockalova's site at http://www.medio.cz is a pioneer's site.
• A draft of the proposed uniform mediation act is at http://www.mediate.com/articles/mediationact.cfm.
• Resolute Systems, Inc. has a web site at http://www.resolutesystems.com/.
• The Department of Agriculture's ADR site is at http://www.usda.gov/cprc/.

News

Essay/Comment/Books/Periodicals

I've been curious why so many peope seem to have left SPIDR.  The following comment is typical of the responses I've received.

"In re why at least I left SPIDR, I was getting nothing from them, no newsletter or anything. All I'd get is a dues renewal notice! There seemed to be no membership benefit whatsoever. AFM is much better. I get the Mediation Quarterly and a good newsletter from them. Also, they have some good conference audiotapes that can be purchased. Even after the SPIDR conference, I did not hear from SPIDR regarding purchasing audiotapes."

The comments generally reflect the kinds of problems that the new administration is actively attempting to fix.  I'd have to give SPIDR an A+ for responding to real issues.

International Updates

Camara has added one new essay to its web site while working on the next issue of the print magazine. The essay is derived from "Analysis and Suggestions of the Villa El Salvador´s Municipality Family Mediation" and is a primer (translated into English) for Peruvian Family Mediators.  At http://adrr.com/camara/primer.htm.

On Employment and Professional Organizations

Udall Center Solicits Applications for Fellowship on Environmental Conflict Resolution in U.S.-Mexico Border Region Extended deadline: August 31, 1999

The Ford Foundation and the Udall Center for Studies in Public Policy at The University of Arizona are pleased to announce the second year of funding for research Fellows-in-residence to study environmental conflict resolution (ECR) in the U.S.-Mexico border region. The Center invites applications for the year 2000 for at least one fellowship. The Fellow(s) selected will receive a stipend of US $18,500 for one semester in residence at the Udall Center, a private  office, support of a part-time graduate student assistant, along with some operational and secretarial services.

The Ford Foundation/Udall Center Fellow(s) will join other Fellows from The University of Arizona conducting public-policy research at the Udall Center. The Center is located in three renovated historic buildings adjacent to The University of Arizona campus.

The Ford Foundation/Udall Center Fellow(s) also will have the opportunity to participate in the Udall Center's ongoing ECR and U.S.-Mexico border programs and in the activities of the related U.S. Institute for Environmental Conflict Resolution at the Morris K. Udall Foundation in Tucson.

Terms of the fellowship. The Fellow(s) will be required to be in residence at the Udall Center for one semester (spring or fall) during 2000. In addition, the obligations of the Fellow(s) will be: (1) to teach an interdisciplinary graduate-level seminar at The University of Arizona on U.S.-Mexico ECR; (2) to present informal lectures and workshops to the local ECR community and at the university; (3) to organize a panel or participate in a workshop on ECR, to be offered by the Udall Center and/or as part of the annual Meeting on the Border Environment for U.S.-Mexico environmental nongovernmental organizations; and (4) to prepare a manuscript on the research undertaken during the fellowship for publication in the Udall Center's working paper series.

1999 Fellows. The Ford Foundation/Udall Center Fellows for 1999 are Dr. Basilio Verduzco of the Instituto de Estudios Economicos y Regionales at the University of Guadalajara (Spring 1999) and Dr. Christopher Brown in the Department of Geography and Planning at West Chester University in Pennsylvania (Fall 1999).

Verduzco's research project was "Beyond Transboundary Cooperation: Civil Society and Policy Outcomes in the U.S.-Mexico Border Region" and he taught a graduate-level seminar on "International Activism and Environmental Policy in the U.S.-Mexico Borderlands."

Brown will examine "Binational Watershed Councils (Consejos Binacionales de las Cuencas) as Instruments for Conflict Resolution along the U.S.- Mexico Border Region." His seminar will be "Bioregional Approaches to Environmental Conflict Resolution on the U.S.-Mexico Border."

Qualifications. The 2000 competition is open to Mexican or U.S. (or other) university faculty members, postdoctoral researchers, and other professionals or scholars with research interests in conflict resolution related to the environment, natural resources, or land use in the U.S.-Mexico border region.

Application Procedure. Each applicant is requested to submit: (1) a brief statement describing his or her policy-research interests in general (no more than one page), (2) plans for a specific project to be undertaken as a Ford Foundation/Udall Center Fellow (not to exceed five pages), (3) a brief description, outline, or syllabus of the graduate-level seminar the Fellow would teach–this can be revised later by the Fellow (one page, plus a list of readings); (4) a curriculum vitae, and (5) two letters of reference (these can be sent separately).

In addition, applicants need to specify the semester for which they wish to be in residence (Spring 2000, Fall 2000, or no preference).

Application packets should be submitted to the Udall Center at 803/811 East First Street, Tucson, AZ 85719, by Tuesday, August 31, 1999. Applications will be reviewed by a panel of policy scholars at The University of Arizona. The Center expects to announce the results of the competition by late September 1999.

For additional information, contact Robert Merideth at the Udall Center at (520) 621-7189, or <merideth@u.arizona.edu>.

Submissions to adrr.com

As always, I am interested in any submissions or articles anyone would like to have posted on the web -- and I am glad to be able to point them out in this newsletter.  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
http://adrr.com/adr9/021.htm
Additional material is included in the on-line version.
If you are curious where the term/name Ethesis comes
from, visit http://adrr.com/living/ethesis.htm

Back issues at http://adrr.com/adr9/mediation.htm
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Post Script (the "extra" material for the on-line version).

Recent Developments in Dispute Resolution
Willamette Law Online - Willamette University College of Law
Faculty Editor: Ross Runkel - rrunkel@willamette.edu
Student Editor: Kevin Cheatham - kcheatha@willamette.edu
Student Editorial Board: David Ward, Alison Hohengarten, Scott Perry
Web site: http://www.willamette.edu/law/wlo/dis-res/

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

Note, this news, in the summary "extra" portion of my July Newsletter, was sent out in the June Newsletter provided by Willamette and is provided to show you the quality and breadth of the information they provide, by free e-mail newsletter.  If you want the current news and law delivered directly to your desk, this is the place to go.

Arbitration: Award of Penalties Reversed, Complete Vending Services, Inc. v. Industrial Commission et al. (John Thompson) (Ill. App. 2 Dist. 5/26/99) *This opinion has not been released in the permanent law reports and is subject to revision or withdrawal.

John Thompson (claimant) sought benefits pursuant to the Workers' Compensation Act for injuries sustained after he rear ended another vehicle while working for Complete Vending Services, Inc. (CVS). The arbitrator awarded Thompson medical and temporary total disability benefits. Penalties were also awarded pursuant to Section 19(1) of the Act. CVS argued against penalties, stating that Thompson was not acting for the employer's benefit as he was on his way to work when the accident occurred. CVS based its argument on the fact that claimant had to "reimburse" CVS for his travel to and from work because claimant was using a company vehicle. The arbitrator found this argument irrelevant.

The Industrial Commission affirmed the arbitrator's decision, and, in turn, the circuit court of Kane County confirmed the decision of the Commission.

The Illinois appellate court reversed the award of penalties because CVS's argument was made in good faith and penalties are not intended to inhibit contests of liability made in good faith were the facts of the case were unique, referring to the "reimbursement".

[Full Decision On Westlaw: 1999 WL 333692]

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

Arbitration: Information Obtained in Prior Arbitration Not Confidential, A.T. v. State Farm Mutual Automobile Insurance Company (Colo. App.5/27/99) *This opinion has not been released in the permanent law reports and is subject to revision or withdrawal.

Plaintiff, A.T., a self employed chiropractor, was injured in an auto accident and defendant, State Farm, was her insurer. Plaintiff submitted a claim against State Farm to arbitration. During the arbitration it was disclosed that plaintiff had been diagnosed with a psychological disorder. An award was entered in plaintiff's favor. Later, plaintiff testified as an expert medical witness in litigation between one of her chiropractic patients and State Farm. State Farm's attorney questioned plaintiff about her psychological disorder diagnosis during this proceeding.

Plaintiff brought suit against State Farm based upon disclosure of confidential information. The trial court granted summary judgement in favor of State Farm, holding that information acquired during prior arbitration was not confidential. There was no confidentiality agreement and the arbitration was governed by the rules of the Uniform Arbitration Act, which is silent on confidentiality. The court of appeals affirmed the trial court's conclusions of law.

[Full Decision on Westlaw 1999 WL 333177, www.cobar.org/coappcts/ctappndx.htm]

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ADR Online: Jack A. Hamilton & Elisabeth Seaman, Turning Around Polarized Mindsets in Workplace Mediations

Authors explore the need for workplace mediators to better identify and understand disputes that have been exacerbated due to perceptions based on some form of group membership (race, gender) and separate stereotypes from the individuals involved. The article offers a 5 step process and examples of destructive behavior brought on by stereotyping.

Details: www.mediate.com/articles/workplace.cfm

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

ADR Article: Charles C. Caldart & Nicholas A. Ashford, Negotiation as a Means of Developing and Implementing Environmental and Occupational Health and Safety Policy

Authors analyze the use of negotiation in formulating and implementing environmental and occupational health and safety policy in the U.S.. They further attempt to asses the potential of negotiation to foster improved environmental and health and safety outcomes, as well as stimulate technological change.

23 Harv. Envtl. L. Rev. 141-292 (1999)

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

ADR Article: Patrick Specht, The dispute settlement systems of WTO and NAFTA - Analysis and Comparison

Author evaluates the effectiveness of the WTO and NAFTA DR institutions in investigating complaints, preventing "multiple jeopardy", eliminating tactical advantages, and eliminating retaliatory trade legislation - all of which the author claims to be necessary goals of a DR system. The article also compares the two procedures against each other.

27 Ga. J. Int'l & Comp. L. 57-138 (1998).

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

Editor's Note:

If you are interested in DR and government, Recording Industry Association of America v. Librarian of Congress (D.C. Cir. 5/21/1999) is an interesting case. Under section 114(f) of the Copyright Act, the Librarian of Congress is charged with establishing the rates and terms for compulsory licenses of transmissions of digital music. The Act provides that terms of the licenses can either be negotiated or set through arbitration. After several digital music providers (such as Muzak, L.P.) and the RIAA could not agree on the percentage of the gross domestic residential revenues to be paid to the RIAA, they submitted their claim to arbitration. The Librarian ultimately modified the arbitration panel's award to increase the percentage of revenues paid, but accepted the panel's finding that the RIAA should collect and distribute revenues on behalf of all those owed, even though 10 percent of the potential recipients did not belong to the RIAA. The Court determined that there was insufficient evidence in the record to support the collection scheme ordered by the Librarian and remanded the case for review. Thus, it seems that an arbitrator's award can be subject to APA type standards of review.

[Full Decision on Westlaw 1999 WL 317036 or, http://www.ll.georgetown.edu/Fed-Ct/Ciruit/dc/opinions/98-1263a.html]

_____________________________________________________________

Web site: http://www.willamette.edu/law/wlo/dis-res/
(Past Newsletters: Available Online At The Web site Under "DR Newsletter")

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