Oct. 24, 2014 – Advanced Issues for Advanced Mediators
UF Law Martin H. Levin Advocacy Center
8 a.m. – 5 p.m.
The Institute for Dispute Resolution presents its 5th annual Continuing Mediator Education Program.
This 8-hour CME will advance the attendees’ knowledge in the areas of communication, ethics, domestic violence, and diversity/cultural awareness and will consider how they challenge the role of the mediator.
CLE credit for the event has been applied for.
8:00 – 8:25 Registration and Continental Breakfast
8:25 – 8:30 Welcome
8:30 – 10:10 The Mediator as Leader, Hon. Kenneth O. Simon
10:10 – 10:25 Break
10:25 – 12:15 Cross-Cultural Considerations for Successful Alternative Dispute Resolution, Robert T. Mounts, Esq. and Don A. Timms, Esq.
12:15 – 1:15 Lunch
1:15 – 2:55 Implications of “Face Saving” in Emotional De-escalation: A Valuable Tool in Mediation, Nadine Pierre-Louis, Ph.D.
2:55 – 3:10 Break
3:10 – 4:50 Significant Mistakes Made in Mediations by Participants and Mediators and How to Correct Them Effectively and Ethically, Carlos Alvarez, Esq.
4:50 – 5:00 Wrap-up/Evaluations
“Significant Mistakes Made in Mediations by Participants and Mediators and How to Correct Them Effectively and Ethically.”
Carlos Alvarez, Esq.
This presentation will cover the significant and common mistakes made by mediation participants and/or mediators involving mediations in environmental and land use law, commercial and real estate law, government law and personal injury law. Many of the matters covered will apply to a number of other substantive areas in mediation practice. Mediation mistakes are often not recognized or well-understood by the mediation participants and the mediator. Failure to adequately address the mediation mistakes effectively and ethically reduces the probability of achieving a mediated settlement agreement. Some of the mistakes covered are easy to correct while others require significant effort by the participants and the mediator and may even involve a different perspective on the way mediations are performed. The failure of mediators to address these mistakes also undermines the long term view of mediations as a powerful and positive dispute resolution process.
Implications of “Face Saving” in Emotional De-escalation: A Valuable Tool in Mediation
Nadine Pierre-Louis, Ph.D.
The concept of “Face,” the self we wish to project to others, has long been accepted as an integral part of conflict resolution in Eastern Cultures. Using the metaphor of “Theater” Sociologist, Erving Goffman helped us understand this valuable concept and its universal application. Every mediator has encountered the individual who remains inexplicably “stuck” in mediation. Understanding “Face” provides us a new perspective with which to address this dynamic. This workshop will: demonstrate the importance of understanding the “roles” expected by participants in mediation; the “face” participants wish to present during mediation; understanding how “loss of face” can lead to escalation of emotionality; and the ability of the mediator to create “face saving” opportunities can lead to emotional de-escalation and more positive negotiation outcomes, including power imbalance or domestic violence situations. We will discuss implementation techniques which help facilitate “face saving” while allowing “roles” in mediation to be “re-cast” for a more productive outcome.
Cross-cultural Considerations for Successful Alternate Dispute Resolution (ADR)
Robert T. Mounts, Esq. and Donald Timm, Esq.
“The objective of this year’s cross-cultural offering is to stimulate critical thinking among ADR professionals concerning the lessons learned by Western negotiators, mediators in cross-cultural dispute resolution and international negotiations and to suggest how to use these lessons to prepare for a successful mediation and to determine what combination of skills, attitudes, and traits are most effective given the make-up and background of the participants. The presentation will focus on the expectations and perceptions of members of “high context” traditional societies versus Western “low context” societies such as our own based upon studies and reference materials provided by the United States Institute of Peace, as supplemented by the two presenter’s personal experiences in Asia, Europe and Africa.”
The Mediator as Leader
Kenneth O. Simon, Esq.
This session focuses on the role of leadership in mediation. The presentation will show how the mediator becomes the “pack leader” through emotional intelligence and by creating an atmosphere of trust and cooperation. It will also identify effective leadership skills in stressful mediation environments. The session also illustrates how one mediator uses superb leadership skills to defuse potentially dangerous situations.