Promoción de Derechos Sociales, Resolución Pacífica de Conflictos y el proceso de Resiliencia en Niños, Niñas y Adolescentes. Experiencias para compartir (7/02/08)
Franco Conforti
Es de relevancia dirigir, a la hora de poner en marcha un programa preventivo, todos los esfuerzos para que el mismo sea hecho con la comunidad y no para la comunidad; vale decir, es vital (al éxito que buscamos) que se comprendan los códigos y mecanismos que actúan a niveles individuales y comunitarios.

Primer decenio de la conciliacion extrajudicial en el Peru, problemas y propuestas de cambio (2/26/08)
Rafael Gonzalo Medina Rospigliosi
La conciliación extrajudicial es un medio de solución de conflictos, por el cual un tercero neutral e imparcial denominado Conciliador Extrajudicial asiste a las partes a encontrar su propia solución a sus conflictos que es mas humana, saludable, justa, durable, mutuamente satisfactoria y con el mismo valor de sentencia inapelable, es una poderosa herramienta de tercera generación para solucionar conflictos.

The Conflict Skilled Organization (11/26/07)
Lynne Eisaguirre
What is the common denominator in most organizational conflict? The leaders have not spent enough time and energy thinking about culture —that invisible glue that holds organizations together and determines organizational effectiveness. Especially lacking is a failure to think about how they want the culture to address and resolve the inevitable conflicts each organization faces on a daily basis. A lack of agreement about a common culture frequently shows up as constant and intractable conflicts.

Organizations in Need of an Effective and Efficient ADR Program (10/01/07)
Victoria Pynchon

(right, the bright and beautiful Miss South Carolina, now at the Wharton School of Business; photo links to the NYT article on the Pageant's broken promises)

Before there's Miss America, there's Miss California, South Carolina, Oklahoma and the remainder of the fifty states.

The problem? 

The local "Miss" pageants -- the stepping stones up the ladder to Miss America -- pretty much all offer scholarships as prize money to winners, many of whom may well not be able to begin or complete their university studies without it.

Apparently, some of the Miss America pageants' lower reaches (franchises) are not honoring their promises to provide these scholarships to the beautiful, dynamic and talented young women who become Miss New Orleans or Los Angeles.  

According to this morning's New York Times article on the issue, at least one young woman was required to file her demand for the promised scholarship money from the Miss Five Boroughs Scholarship Pageant in small claims court.  

The REAL ADR Option

As any attorney (and lots of others know) winning a small claims judgment is often a phyrric victory.  No one tells the regular people who line the walls of the daily small claims calendar-call that it will probably be difficult (if not impossible) to collect their judgment.

If your dispute is sexy however -- and how could Miss Louisiana or Miss Carnegie, PA not be -- the real ADR is the court of public opinion.

After winning her case by default in small claims court in Manhattan against the Miss Five Boroughs franchise, the scholarship winner

took her story to a local television station. She was paid within two days of the broadcast of her account, she said. The organizer of the now-disbanded pageant did not return calls for comment.

“Basically, if I hadn’t gone after them, I wouldn’t have gotten my money,” [winner] Ms. Songhai said. “There is no real checks and balances to make sure the contestants get their money.” She said that competing in Miss Five Boroughs was fun, but added, “They are disorganized and they are bad with money management.”

Scholarship?  How About a Few Used Ball Gowns?

The Times article again:  

Saidah Story won a $1,000 scholarship as Miss Inland Empire 2003 in California, but her mother, Renee Wickman, said the pageant director informed her that there would be no scholarship.

“Instead of the scholarship, she was like, ‘You can take these gowns,’ ” Ms. Wickman said.

The pageant folded after that year. Bob Arnhym, president of the Miss California Pageant, said the Miss Inland Empire director moved to Canada because her mother had fallen ill, but had notified the state she had given Ms. Story “the full value of the scholarship.”

Despite contractual agreements, the state organizations say they have only limited enforcement of local scholarships. .  . 

In theory, state pageants could take local pageants to court, but “that legal battle is prohibitive financially,” Mr. Brown said. “It’s not worth doing that for a scholarship which is $1,000.”

Whenever we hear "too little money to litigate," it pricks up our ADR ears.  Our solution is always a modest one.  If these are franchises of the far better funded Miss America Pageant, how about requiring those franchises to maintain blocked accounts in which to hold the scholarship money to which only the National organization has access?  

Alternatively, the Miss America organization could maintain its own fund -- much like the funds against which insureds can make claims when their carriers go bust -- so that contest winners are guaranteed the small scholarships that they work their hearts out for. 

If disputes develop, mediation clauses followed by inexpensive arbitration procedures, could quickly and efficiently resolve these dispute and allow young women the fruits of their considerable labor.

A Complex Conflict Analysis of ‘Resolution’ (5/14/07)
Deborah Sword
Since I ascribe to the theories of complexity science, it was only a matter of time before I was challenged to write what complexity scientists might say about mediation outcomes and mediators’ investment in same. That time came when Michael, a mediate.com reader, responded to my previous article and asked, “even if there is no particular outcome in mind, does the very act of mediating, i.e. being in the position, influence observations?”

A Team Approach to Fairness in Conflict Management Systems Design (4/02/07)
Blaine Donais
In the book Workplace That Work, we have explored options for conflict management systems and introduced the Testing Instrument for Fairness Systems (TIFFS), thus exploring the first part of the Donais Fairness Theory: that fairness can be measured in workplace conflict management systems. But how do we prove the second part of the Fairness Theory - that workplaces can achieve fairness excellence? How do we start the workplace renewal process?

How Fair Is Your Conflict Management System? (3/05/07)
Blaine Donais
Many practitioners and commentators have provided advice on developing effective conflict management systems in the workplace. But are these conflict management systems fair to all workplace participants? And is it even possible to measure fairness in conflict management systems? This article proposes that workplace fairness is both measurable and achievable in conflict management systems. As discussed in the book Workplaces That Work, this is the essence of the Donais Fairness Theory.

Court ADR Systems: The Road Ahead (2/26/07)
Gregory Firestone
How does a court seek to create a more comprehensive process that can incorporate the various “disparate strands” of dispute resolution? As Chair of the Florida Supreme Court ADR Rules and Policy Committee Subcommittee on ADR Systems, I am pleased to report that in Florida we are exploring ways to accomplish the broad goals espoused by Professor Sander even though the challenge that he identifies is vastly more difficult to achieve than it would first appear.

Redefining Conflict Management Systems Options (2/05/07)
Blaine Donais
This article explores system options for managing conflict in the non-union workplace. This is intended to build upon the work done by others in this area by seeking to categorize the conflict management options as interest-based, rights-based, power-based or communication-based.

Creation of an Ombuds Office Can Prevent Retaliation Claims (1/09/07)
Michael Eisner
In its decision in Burlington Northern & Santa Fe Railroad Co. v White, the Supreme Court held that the standard of proof required to establish a retaliation claim under Title VII of the Civil Rights Act of 1964 is less than the standard of proof required in discrimination claims under the same statute. This decision makes it easier for employees to raise retaliation claims and to survive summary judgment motions. In light of this decision it is more important than ever that organizations create informal as well as formal grievance procedures to properly manage conflicts that may give rise to retaliation claims. The creation of an Ombuds Office can help organizations manage these conflicts effectively by helping to resolve them early and at the lowest possible level.

Workplace Disability Conflict Management (10/03/06)
Judith Cohen
The publication of “Workplace Disability Conflict Management Best Practices” below brings us full circle in a sense. Our focus has shifted from ADA mediation as a specialized field of practice to its current integration as “ADA conflict management practices” into standard operating procedure at many organizations.

Mindfulness in Conflict Coaching (8/07/06)
Cinnie Noble
Conflict coaching is a fast emerging technique in the field of ADR. As a specialized process for helping individuals effectively engage in conflict, coaches assist individuals to determine what will best enable them to reach their objectives, when it comes to how they manage a specific dispute, or conflict in general. To provide coaching in a way that is client-centered and transformative, it is important that coaches develop the capacity to be mindful.

Why Professional Unions Make Good Conflict Management Partners (6/26/06)
Blaine Donais
“Professionals and unions just don’t mix. Unions stifle professionalism and are bad for business. They discourage creativity and take an antagonistic approach to conflict management in the workplace. Professionals should have nothing to do with unions.” These are common refrains from those who oppose the unionization of professionals. But what analysis are these refrains based on?

Corporations Will Carry The Bottom Line Torch And Ignite The Diversity Fire In The ADR Profession (6/12/06)
Elizabeth Moreno
As Diversity Chair of the ABA Dispute Resolution Section, we have the task of presenting the Diversity Forum at the Annual Conference. This year Corporations were particularly interested in addressing diversity in the ADR field. Unexpectedly, they announced at the Forum that their demands for diversity will extend to ADR providers that they utilize directly and indirectly.

ADR Processes: Applications For Managing Organizational Change (5/01/06)
Myra Isenhart & Michael Spangle The elements for successful organizational change parallel the priorities of ADR processes designed for effective problem solving. Both involve sharing information necessary for identifying potential or existing problems; involvement and commitment of stakeholders who have a vested interest in outcomes; design of a strategy for meeting needs of affected parties; and development of an agreement that can be refined as needs change. Both change management initiatives and ADR processes share the goal of helping parties through transitions.

Peer Conflict Coaching at the Transportation Security Administration (1/23/06)
Michael Rawlings
The designers of Transportation Security Administration’s (TSA) Integrated Conflict Management System (ICMS) recognized that typically there is nowhere for an individual to go for the vast majority of daily conflicts and issues he/she faces at work. TSA has chosen to respond through a broad system of conflict management/cooperative problem solving education for all staff as well as through the development of conflict coaching.

Going Beyond ADR: A Federal Sector Mission- and Work Life- Centered Approach to Building Collaboration and Democratic Values on the Job (11/14/05)
Judith Cohen
Mediation–and its related values--has laid an important foundation for a collaborative workplace. But dispute resolution and conflict management programs’ impact on agency function has, arguably, been minor. This article explores moving beyond alternative dispute resolution and conflict management and describes how one program enriched its organization by exploring this potential.

Shifting The Strange Attractor: An Exploration of Chaos and Change Agency (9/26/05)
Mimi E. Lyster
Chaos theory offers metaphors that can help reveal more and less effective ways of initiating, facilitating, and managing change. This paper encourages conflict management professionals to consider using these metaphors as a tool to discover patterns and leverage points that can improve the effectiveness of their interventions with businesses, organizations, or families. Understanding the theoretical underpinnings of various systems theories gives us an edge. It makes us more nimble as practitioners, and better able to transfer our skills to a larger spectrum of clients and circumstances.

A Coach Approach For Conflict Management Training (1/17/05)
Cinnie Noble
It is an understatement to say that generic conflict management training is really not enough. That is, it is not realistic to operate on the basis that one to three days of training in conflict management, fully equips people to effectively manage conflict, between themselves and others, or as a facilitator/mediator. It is a great start. However, it has become increasingly clear to this trainer, that other modalities such as pre and/or post-training coaching on conflict management, a staged approach to training and other methods help facilitate, optimize and sustain learning.

Innovations in Integrated Conflict Management System: Dispute Resolution Models (11/08/04)
Jennifer Lynch
In previous articles I have provided an introduction to the Integrated Conflict Management System and have described its two components. This past year has seen two major developments in the field of ICMS. This article describes them.

Are Businesses Missing The Dispute Resolution Boat? A Study Underscores Lack of Early Intervention Usage (9/23/04)
Barry Simon
For those companies who find themselves in court, the use of alternative dispute resolution (ADR) has proven to be a win-win proposition for everyone with proven savings in money and time and a high rate of satisfaction by the parties. Yet, these same companies have not used low-cost ADR to address internal workplace disputes before they escalate into lawsuits. Why would the business community consciously choose lawsuits over ADR when they know the latter costs less and provides more benefits?

A Workplace Dispute Resolution System Creates A Winning Team (9/13/04)
Elizabeth Moreno
The most highly publicized and best example of conflict in the work place is the Los Angeles Lakers. We saw throughout the season the disputes between Kobe and Shaq, Kobe and Jackson, Peyton and Jackson.The smaller organization teaches us that dissolving a team does not lead to resolution of conflicts. Building a workplace dispute resolution system creates a winning team.

Peer Conflict Coaching: Another Dispute Resolution Option (8/09/04)
Cinnie Noble
Conflict coaching is a concept that combines dispute resolution and coaching principles. It is a one-on-one confidential and voluntary process in which coaches work with individual clients to help them resolve disputes and to prevent unnecessary ones. Peer coaching may be used for many reasons and in many contexts, including conflict. Peer conflict coaching is a specific process in which staff members coach others at their same 'level'. That is, manager to manager, non-manager to non-manager.

FMCS Unveils New Workplace Dispute Resolution Initiative (6/11/04)

June 2004

The Federal Mediation and Conciliation Service recently unveiled a new agency program through which employers and unions can design and manage their own systems for resolution of disputes that cannot be addressed through collective bargaining.

The program design process known as the Dynamic Adaptive Dispute Systems is the result of an FMCS-sponsored 18-month study by a national team of dispute system design experts from academia and the private sector. The team was coordinated by FMCS General Counsel Arthur Pearlstein, who presented the study results and described the DyADS process during a recent labor-management conference organized by FMCS.

"DyADS is a centerpiece of our campaign to reduce workplace conflict and its debilitating effect on the nation's economy," said FMCS Director Peter J. Hurtgen. "Our study shows that programs developed by this process should be able to mitigate a range of disputes and improve employee morale. Ultimately, these changes in an organization's culture will lead to improved productivity, better organizational learning, and a more successful working environment."

A DyADS process requires a collaborative effort on the part of both organized labor and management within an organization, explained Pearlstein.

"With facilitation and training delivered by federal mediators," Pearlstein said, "participants develop their own process, rules and regulations for handling workplace disputes. The result is a system that is specifically tailored to the needs of each organization."

The cornerstone of a DyADS system is the creation and utilization of a neutral party - either an individual or group - selected from the existing workforce by the parties involved. Other unique attributes of a DyADS program, said FMCS officials, are the emphasis placed on inclusiveness, the sharing of information by both labor and management and an incremental approach to resolving disputes. "The DyADS process is innovative in that it involves labor and management in jointly establishing systems that will complement collective bargaining agreements," Hurtgen said. "FMCS's credibility with both labor and management and its long-term commitment to collective bargaining make us uniquely qualified to encourage and support this dispute systems design process and its use in the organized workplace."

FMCS announced that the DyADS program is being rolled out during the coming months. During this program launch period, FMCS officials said, there will be no charge for mediator facilitation services and training to any company or organization willing to sponsor and participate in a pilot DyADS program.

Source: FPMI Communications

The Internal Neutral: Why Doesn't Your Hospital Have One? (6/11/04)
Carole Houk
The National Naval Medical Center (NNMC) in Bethesda, Maryland is the first acute health care institution in the nation to offer a full-time internal neutral for the resolution of health care issues. The data obtained thus far indicates that the presence of a well-trained and properly positioned internal neutral can be a highly cost-effective and efficient resource for resolving patient-provider conflicts.