On Tuesday, June 24, 2008, influential thinker and ADR pioneer Albie Davis presents an “Intuition and Creativity Workshop” for mediators at Suffolk University Law School in Boston.

Albie enjoys a well-deserved reputation as a true innovator who has made significant contributions to the development and advancement of mediation and conflict resolution during the course of her decades-long career.

From the workshop description:

You tune up your car every few thousand miles. Schedule annual health exams. Is it time for an Intuition and Creativity Tune-up of your mediator readiness? Mediators must think on their feet; use the famed five senses, plus ones with no name; make rapid assessments of the need of parties and momentum of negotiations; be on the lookout for “magical moments,” draw upon theory, research, ethics and personal practice; separate the wheat from the chaff; and more. In this day-long seminar, we will revisit various theories about mediation, negotiation, creativity, change, culture and human behavior. Drawing upon the experience of presenters and participants, we’ll role-play, invent and try new things; be irreverent, if we must. Each person will leave with a self-administered intuition checkup sheet with strengths identified and tips for improving one’s personal best.

I am proud to say that Albie Davis recently joined my firm, OptionBridge, as an affiliate, and my partners and I are deeply honored to be able to offer this program to our colleagues in the mediation community in June. To register, visit the OptionBridge web site, or for more information click here to download the flyer in PDF.

National Center for Technology and Dispute Resolution together with InternetBar.org is hosting the 10th Annual ODR Cyberweek, an all-online conference exploring the application of technology to dispute resolution and beyond.
Registration is free for the synchronous and asynchronous events which anyone with a computer and an internet connection can participate in. The program is still under development but further details will be available soon.

Technophobes, have no fear: Cyberweek events are attended by friendly, knowledgeable people from all over the world who are always glad to answer questions. (Good rule of thumb: the only dumb question is the one you don’t ask.)

If you’re at all curious to explore the crossroads of digital technology and human interaction, and want to discover innovative ways to resolve disputes and build better access to justice, then by all means join in.

Best of all, you can catch a glimpse of familiar faces in the crowd: watch out for Vickie Pynchon, Gini Nelson, Geoff Sharp, Colin Rule, Robert Ambrogi, and me, just to name a few.

The Dispute Resolution Section of the American Bar Association (ABA) and the NW Dispute Resolution Conference will be presenting the Tenth Annual Section of Dispute Resolution Spring Conference on April 3-5, 2008 at the Seattle Sheraton Hotel, Seattle, WA.

Although the official date for proposals has passed, RFPs are still being sought. The closing date has been extended through Wednesday, September 19, 2007. Please consider submitting a proposal for this conference, which presents a great opportunity to meet and network with fellow ADR professionals, as well as to share your ideas and experiences with a broad audience.

The Conference Committee is particularly interested in receiving proposals in specialized contexts such as business, health care, insurance, entertainment, intellectual property, contruction, etc. Also of great interest are proposals in the areas of Practice Diversity and Development, Representing Clients in ADR, Government Public Policy, and Environment. Finally, interactive, skill-based workshops are being sought in the Family, Youth, and Community tracks, as well as others.

The ABA site for submitting proposals online is now closed, but it can still be done via email. Interested applicants should contact Nancy Highness at 206.399.1805 for further
information.

By all means, please pass this information to others who might be interested.

The Conference Planning Committee asks me to pass along their appreciation!

Although summer is a time when we New Englanders like to kick back and enjoy the natural attractions for which our region is known, there are plenty of events coming up that may lure ADR practitioners from the beach or the hiking trail. In no particular order they are:

• UMass/Boston Graduate Programs in Dispute Resolution will be holding a series of professional workshops during June 2007. Among them will be “Meeting and Process Facilitation: A Workshop for Group Leaders and Process Managers”, on June 8; “Do No Harm: Guidelines for Intervention in International ConflictInstructor”, on June 11-12; “Online Dispute Resolution: The State of the Art” on June 13 (taught by my friend Colin Rule, who is a gifted and knowledgeable speaker); and “Collaboration in the Clinical Setting” on June 21. For more information, including workshop times, instructors, and registration, visit the UMass/Boston Graduate Programs in Dispute Resolution web site.
• The Association for Conflict Resolution’s New England Chapter is holding its Annual Regional Conference on May 31, 2007, at the Boston University Corporate Education Center in Tyngsboro, Massachusetts. This year’s theme is “Justice: Conversations for the ADR Community”. Leading that conversation is internationally known dispute resolution scholar and practitioner, Lela Love, professor of law and director of the Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law. Professor Love will also be teaching a full-day Advanced Training on Friday, June 1, 2007, addressing “Keeping Justice in Mediation”. Conference workshops include “Let’s Work This Out: ADR in Environmental Enforcement & Workplace Conflicts”, “Exit Strategies: When and How to End a Process Well”, and “ADR in the 21st Century: Easy Tech Tools to Manage and Market Your Practice” (led by me and ADR tech guru Tammy Lenski). For registration and other information, visit the Conference page at NE-ACR’s web site.
• Finally, on July 19, 2007, together with Melinda Gehris and Ericka Gray, I’ll be teaching an Advanced Divorce Mediation Training at the Boston University Corporate Education Center in Tyngsboro, Massachusetts. Click here for additional information on the program or to register.

The Fifth International Forum on Online Dispute Resolution will be held in Liverpool, England, April 19-20, 2007. According to its web site,

This meeting builds on prior meetings in Geneva (2001 and 2002), held under the auspices of the United Nations Economic Council for Europe (UNECE), in Melbourne (2004) under the auspices of the United Nations Economic and Social Commission for Asia and the Pacific, and in Cairo in 2006 in collaboration with the United Nations Economic and Social Commission for Asia and the Pacific and the Cairo Regional Centre for International Commercial Arbitration. Online dispute resolution is becoming a priority of governments desiring to promote ecommerce, economic growth and technological development. Online dispute resolution is necessary not only to resolve disputes that arise but to build trust in systems and reduce risk for persons and groups interested in investment and participation in online and cross-border activities. The Liverpool ODR Forum aims at providing an overview of the diverse ODR techniques, the prospects of ODR, as well as exploring and analyzing the necessity for developing and promoting ODR.

Graham Ross of TheClaimRoom.com, a chief organizer of this event, tells me that this two-day forum will include significant coverage of the use of technology in mediation.

Keynote speakers are Sir Brian Neill, Kt, PC, QC, former Lord Justice of Appeal and past President of the Civil Mediation Council, and Professor Richard Susskind, IT Advisor to the Lord Chief Justice of England and Wales. Other participants include ODR notables such as Colin Rule, Ethan Katsh, and Sanjana Hattotuwo.

Registration, incidentally, is free. For further information on this Forum, please contact Graham Ross or Ethan Katsh.

On January 30, 2007, from 2:00 – 4:30 p.m., you’re all invited to a special event hosted by the Association for Conflict Resolution’s New England Chapter: “Advanced ADR Marketing: Online Strategies for Building Business“. This workshop will show dispute resolution professionals how to move beyond the static web site to leverage the power of the internet to build thriving practices.

Moderated by Tammy Lenski, author of the blogs I Can’t Say That and Mediation Marketing from Mediator Tech, this workshop will explore three different web-based marketing tools, blogs, podcasts, and e-newsletters. Panelists include Robert Ambrogi, who co-hosts the legal affairs talk show and podcast Coast to Coast and who blogs at his eponymous Lawsites, Christine Pinney, who has been creating and publishing monthly e-newsletters and marketing materials for her clients for almost a decade, and me.

This program will be held at Suffolk University Law School in downtown Boston (Suffolk Law students are admitted for free with a valid ID).

To register or for more information, visit the NE-ACR web site.

See you there!

On Thursday, October 12, 2006, at 2 p.m. EST (11 a.m. PST, 7 p.m. UK/Ireland, and 7 a.m. the following day, October 13, in New Zealand), I will be participating in a panel discussion on Marketing Mediation Excellence.

This free online teleconference was masterminded and organized by John DeBruyn, a transactional attorney based in Denver. Panel members include John DeBruyn, dispute resolution expert Louise Wildee, and bloggers Robert Ambrogi, Gini Nelson, Geoff Sharp, and me.

The one-hour program will consist of a 40-minute presentation by the panel, followed by 20 minutes for questions and discussion. Audience members may connect via long distance telephone or voice over the internet using Skype, which requires a high-speed internet connection.

Further information about the program and registration is available at http://coadr.com/. Hope you’ll be able to tune in!

From September 25 through 29, the folks at the Center for Information Technology and Dispute Resolution (CITDR), in conjunction with the InternetBar.org, are hosting Cyberweek 2006, an annual online conference.

CITDR has this to say about the events that are planned:

Cyberweek consists of many different kinds of activities and opportunities, from Skypecasts to meetings in virtual worlds to Podcasts to discussion forums and more. Cyberweek is a free all-online conference and we invite you join us in both asynchronous and real-time events. Last year, we had several hundred participants from over forty countries and we are working to have a most ambitious program this year.

A list of Cyberweek programs (still under development) can be viewed at the Cyberweek web site.

Not only is Cyberweek a free event, it’s also an inclusive one: you don’t have to be a tech-savvy online dispute resolution practitioner to take part and have fun. Anyone with an interest in exploring the intriguing crossroads of conflict resolution and digital technology is welcome. Participants as I have happily discovered are friendly, encouraging, and glad to answer questions.

See you there!

Yesterday I posted about the benefits of blogging for ADR professionals. What’s not to like about a marketing and communication tool that’s absolutely free and rewards you generously for your efforts?

That’s the message that Robert Ambrogi, Dina Beach Lynch, and I are hoping to get across at tomorrow’s Annual Regional Conference for the New England Chapter of the Association for Conflict Resolution as part of the workshop we’re leading on blogging.

However, while basically anyone with an Internet connection and a computer can publish a blog, maintaining a blog is serious business. It requires a commitment of time and a willingness to blog regularly. It demands a high level of personal integrity (actually no different from what our own ethical rules demand of us as practitioners), since honesty and credibility count just as much on the Internet as they do in face-to-face interactions.

Creating an authentic and compelling voice is critical to any blogger’s success. As blogger T.L. Pakii Pierce observed on his blog “Blogging for Fun and Profit”, blogging’s effectiveness depends upon the blogger’s ability to build relationship with his or her readers:

Blogs will amplify your message and your reach in a powerful way and at near zero cost when compared to other means of reaching a market with your message. But the price of relationship is the need to continually connect with your market and develop your social network in order to build an authentic and authoritative voice that can be trusted.

Those are wise words indeed.

Staying authentic and real is important. But there are other concerns bloggers should pay attention to. Blogging can land you in all kinds of trouble, and bloggers have been known to lose their jobs because of something they posted, incurred the wrath of other bloggers by failing to observe proper webiquette, or risked violating copyright laws.

To help you stay on the right side of the law (and on the good side of your fellow bloggers) as you begin your adventures in blogging, I offer the following suggestions to my friends in the ADR community (and when in doubt, consult an attorney—this is not intended to be legal advice—I’m speaking as a blogger, not a lawyer):

ETHICAL ISSUES

As practitioners know, model standards abound which define for us the boundaries of appropriate conduct. Be aware that blogging may be considered a form of commercial speech or advertising, so rules for ADR practitioners regarding advertising and solicitation could well apply.

If you are a member of another profession as well, such as the law, you should consult with the standards of conduct for that profession, too, since those codes of conduct may come into play for you as well.

In addition, although there is (yet) no formal blogger code of ethics, some people have made the case that as citizen journalists, responsible bloggers should conduct themselves within an ethical framework. CyberJournalist.net has proposed a “Bloggers’ Code of Ethics” which emphasizes honesty and accountability.

You should definitely read what Rebecca Blood has to say on the subject of blogger ethics. Click here for her insights. (For those of you who haven’t yet heard of her, if blogging had a Mount Rushmore, Rebecca Blood’s face would be carved into it. An influential figure in the blogosphere, Rebecca was an early pioneer of blogging.)

SHOW ME THE MONEY

A few months ago my local paper, the Boston Globe, reported on a practice among bloggers who hawk products or services for businesses without disclosing to their readers that they’re getting paid for doing so. Bloggers need to understand the risks they run when they do this—including the possibility of losing the trust of readers if the compensation comes to light.

My advice to you? Don’t do this.

STAYING OUT OF COURT

Generally speaking, blogging is a safe activity but not without its risks. Blogging could conceivably get you fired from your job, sued for violating defamation or copyright laws, or even subpoenaed to reveal your news sources. To keep you out of trouble, there’s help available online for bloggers.

One of the best resources for bloggers and other citizen journalists is the Electronic Frontier Foundation (EFF). EFF publishes a Legal Guide for Bloggers.

Another great resource can be found at the excellent Reporters Without Borders web site, which offers for downloading in PDF format its Handbook for Bloggers and Cyber-Dissidents.

DON’T STEAL THIS BLOG

In addition to staying out of legal trouble, you also want to stay on the good side of your fellow bloggers and your readers, too. There are some basic etiquette rules that responsible bloggers should observe.

Based on my own experience, I would say that at the top on your list of things to avoid is taking credit for someone else’s ideas. The same rules apply to blogging as they did to your college term papers: don’t plagiarize. Someone did this to me, and, boy, did it make me mad. Bloggers work hard to research and write their posts, and they don’t appreciate it when someone else tries to take the credit for their efforts.

In addition, I can’t overemphasize how important it is to do the following before posting: 1) check your facts; 2) correct any grammar and spelling mistakes; and, most importantly, 3) make sure all the links in your post work–please don’t frustrate your readers by including expired or malfunctioning links.

Finally, if another blogger says something nice about your blog, send them an e-mail personally thanking them. Better yet, if you can, return the favor, and blog about them.

Your mother will be proud.

KEEP IT CLEAN

One of the scourges of the blogging world is the rise of the “splog”, a spam blog created to promote the author’s other web sites and draw visitors.

As this article from the Wall Street Journal explains,

Spammers have created millions of Web logs to promote everything from gambling Web sites to pornography. The spam blogs — known as “splogs” — often contain gibberish, and are full of links to other Web sites spammers are trying to promote. Because search engines like those of Google Inc., Microsoft Corp. and Yahoo Inc. base their rankings of Web sites, in part, on how many other Web sites link to them, the splogs can help artificially inflate a site’s popularity. Some of the phony blogs also carry advertisements, which generate a few cents for the splog’s owner each time they are clicked on.

(Thanks to the blog beSpacific for the links on splogging.)

I am embarrassed to say that I have actually encountered some mediation splogs out there. All I can say is: don’t. Do your part to keep the Internet litter-free.

SPREAD THE NEWS

Finally, if you do decide to launch a blog, don’t keep it under your hat. Tell the world. Me, included. I’ve been maintaining a kind of informal census of ADR-related blogs, so let me know so I can add you to my list. And join the ADR Web Ring, maintained by myself and my pal and fellow blogger Dina Beach Lynch, to increase your blog’s visibility on the web.

Anyway, best of luck–hope to see you around the bloggerhood!

This week is National Youth Violence Prevention Week, sponsored by the Association for Conflict Resolution. The goal of this “web-based initiative” is “educat[ing] students, teachers, school administrators, counselors, school resource officers, school staff, parents and the public on ways to reduce and prevent youth violence.”

Each day of the initiative focuses upon a different topic: Day One addresses respect and tolerance; Day Two, anger management; Day Three, the use of peaceful means to resolve conflict; Day Four, safety concerns; and Day Five, unity.

Although this initiative takes place this week, educators, students, parents, and communities can continue to work together the remaining 51 weeks out of the year to further the goals of National Youth Violence Prevention Week. Its web site provides plenty of inspiration and ideas.

For more information, or to find out what you can do to address violence among children and teens, please visit ViolencePreventionWeek.org.

On May 19-21, 2005, Capital University Law School in Columbus, Ohio, is hosting the Second National Conference of Minority Professionals in Alternative Dispute Resolution: Promoting Opportunities for Minorities in ADR. Pre-conference trainings will be held on May 18, 2005, at the New Center for Professional Development at Capital University.

Keynote speakers are the Honorable Michael L. Douglas of the Supreme Court of Nevada, the first African-American to serve on Nevada’s highest court, and Donna A.M. Parchment, the Chief Executive Officer of the Dispute Resolution Foundation in Kingston, Jamaica, and a leader in the Commonwealth Caribbean ADR field.

Conference workshops include:

• Designing and Implementing ADR Programs in Corporate America: Opportunities for ADR Professionals
• Mediation in an International Multi-Cultural Environment: Lessons Learned from the World Bank Group
• Confronting Barriers in Operating a Minority ADR Firm
• African-American Scholars and Practitioners in the Field of Conflict Resolution/ADR: Preliminary Research Findings
• Wisdom From Our Elders: Oglala Lakota Perspective

For information or to register, visit http://www.law.capital.edu/adr.

From April 4 through 8, 2005, the Center for Information Technology and Dispute Resolution (CITDR) will be holding Cyberweek 2005, its seventh annual online conference.

According to the announcement released by Ethan Katsh, Director of CITDR, the events and programs planned for Cyberweek include:

• Release of the new ODR library and database
• Discussions with leading practitioners and theorists about the present and future of ODR
• Report on the UN Forum on ODR 2004
• The 2005 International Competition on Online Dispute Resolution (presently ongoing)
• Seminar on the challenges in planning and implementing ODR efforts - examples from Sri Lanka, the Phillipines and Great Britain
• Panel discussion on teaching ODR
• Seminar on public sector ODR - the University of Massachusetts/National Mediation Board/National Science Foundation project
• Demonstration of teaching and collaborating in groups with Moodle
• Simulated dispute resolution processes
• Demonstrations involving ConflictLab.com, SmartSettle.com, Info-Share.org and others

Registration is free, and online dispute resolution practitioners, as well as anyone interested in learning more about the online dispute resolution field, are welcome to attend.

In an earlier posting I had lamented the confusion in the public mind between “mediation” and “meditation”. There is, however, a potentially valuable connection between these two distinctly different practices insofar as a technique used in one can increase a practitioner’s effectiveness in the other.

With this understanding in mind, the University of Missouri-Columbia School of Law launched a program called the Initiative on Mindfulness in Law and Dispute Resolution, under the direction of renowned mediator and law school professor Leonard L. Riskin. According to the law school’s web site, the Initiative “is devoted to exploring the potential benefits and risks of mindfulness (and to some extent related contemplative practices, including yoga and other forms of meditation) to members of the legal and dispute resolution professions and those who use or are affected by those professions.”

Some objections, however, have been raised to the teaching of mindfulness at a public university, including concerns that doing so may constitute a constitutionally impermissible endorsement of religious beliefs.

In the best spirit of dispute resolution, however, a public debate concerning mindfulness will be held this Thursday at the law school, with the aim of promoting dialogue and providing an opportunity for all perspectives on this issue to be heard.