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  • Court Symposium
  • Mediation

    Concurrent Session A

    Thursday, April 03, 2014 9:45 AM - Thursday, April 03, 2014 11:00 AM

    Tuttle North/Center

    A11 Comparing Good Faith Participation in Mediation in Australia and the U.S.: Lessons for U.S. Practitioners

    • Nancy Welsh, Penn State University, Dickinson School of Law ;
    • Tania Sourdin, Monash University Law Chambers ;
    • Sharon Press, Hamline University School of Law
    This session will compare good faith mediation in Australia and the United States,including enforcement mechanisms and the definition of mediation.  Australia's good faith requirements link to a broad legislative framework imposing obligations to act in a fair, honest and transparent manner and exhibit ‘good’ conduct.  Many argue that these requirements invoke a ‘halo’ effect, helpful for managing unhelpful behaviors in mediation. The interplay among good faith requirements, confidentiality, the meaning of mediation, parties' usual obligation to negotiate in good faith and the role of the mediator has been the subject of some judicial interpretation in both Australia and the U.S..

    Concurrent Session B

    Thursday, April 03, 2014 11:15 AM - Thursday, April 03, 2014 12:15 PM

    Orchid CD

    B4 After the Middle Hours:  Getting to Settlement

    • Tracy Allen, Global Resolutions, PLLC ;
    • Jeff Jury, Burns Anderson Jury & Brenner, LLP ;
    • Jerome Weiss, Mediation Inc.
    This segment extends the popular discussion "Working the Middle Hours" at the 2013 Conference in Chicago.  Many topics and points were not reached, so the panel will pick up the discussion of how to work the "middle hours," moving forward.  This discussion is focused on managing process, people, and yourself to a mutually acceptable, if not desirable, outcome.  Your presenters, all of whom are Distinguished Fellows of the International Academy of Mediators, want you to leave with ideas and tools, and ask in return that you pledge not to be a "water carrier" or "messenger" when you return home.

    Concurrent Session C

    Thursday, April 03, 2014 1:30 PM - Thursday, April 03, 2014 2:30 PM

    Brickell North/Center

    C3 International Mediations:  Why Are They Different?

    • Juan Ramirez $lastName ;
    • Jr. $lastName ;
    • Lorraine M. Brennan, JAMS International ;
    • Sheryl Mintz Goski, Law Offices Sheryl Mintz Goski, P.A.  Business and Personal Dispute Resolution
    This presentation will explain how international mediations differ from domestic mediations.  Those differences include selection of the location, the mediator, the language, the approach, and the legal and cultural considerations. The presenters will compare the different customs or approaches in the United States, Europe and Latin America, from facilitative to evaluative, and how to prepare for those differences.  It will also discuss how prevalent the use of mediation is in these regions of the world and how mediations can complement other forms of ADR where they are not as widely used.

    Concurrent Session C

    Thursday, April 03, 2014 1:30 PM - Thursday, April 03, 2014 2:30 PM

    Jasmine

    C4 Thinking Fast and Slow in Mediation

    • Gregory Firestone, University of South Florida Conflict Resolution Collaborative
    This interactive workshop will introduce participants to certain concepts described by Daniel Kahneman, winner of the 2002 Nobel Prize in Economic Sciences, in his best-selling book, Thinking Fast and Slow.  Participants will have a chance to understand human factors uncovered in the study of human decision making and explore the relevance of behavioral economics to the practice of mediation. Such concepts as loss aversion, anchoring, judgment heuristics, and decision weights will be introduced and implications for mediation ethics and practice will be discussed.

    Concurrent Session C

    Thursday, April 03, 2014 1:30 PM - Thursday, April 03, 2014 2:30 PM

    Tuttle North/Center

    C6 Introduction to the new  ABA Dispute Resolution Section Mediation Research Task Force

    • Roselle Wissler, Arizona State University, O'Connor College of Law ;
    • Howard Herman, U.S. District Court, Northern District of California Director of ADR Programs San Francisco ;
    • Gary Weiner, The Appellate Mediation Group
    Meet the members of the new Mediation Research Task Force. Hear about the work of the Task Force to date. Participate in an interactive conversation about the project. Share your thoughts about process, epistemology, ideas for the future and hypotheses about mediation practice that you think are fertile areas for scientific research.

    Concurrent Session D

    Thursday, April 03, 2014 3:00 PM - Thursday, April 03, 2014 4:15 PM

    Orchid CD

    D7 Cosmetologists are Licensed, Why Aren't Mediators?

    • James Coben, Hamline University Law School ;
    • Janice Fleischer, Florida Dispute Resolution Center ;
    • Art Hinshaw, Sandra Day O'Connor College of Law at Arizona State University ;
    • Susan Yates, Chicago, IL
    Questions of whether mediators should be licensed or otherwise regulated (as are physicians, nurses, and cosmetologists) have dogged the field for years.  While past discussions have demonstrated arguments both for and against licensing or credentialing mediators, this panel will revisit the regulation question with a new focus.  Recently, a divorce mediator was convicted of defrauding his female clients of thousands of dollars for his “mediation” services.  Using this story as a backdrop, the panel will discuss whether the time has come for the profession to seriously consider systematic state regulation, including the realities of implementing and running such a process.