Cybersettle Receives U.S. Patent

December 2001

Cybersettle, Inc., the world’s first online claim settlement company and inventor of the “double-blind bid” dispute resolution process, announced today that the United States Patent and Trademark Office has issued U.S. Patent number 6,330,551 to the business process it invented. Cybersettle believes this to be the first multi-round online dispute resolution patent issued. Cybersettle’s invention is currently in use by insurance companies and attorneys throughout the United States.

Charles S. Brofman, President, CEO and Co-founder of Cybersettle commented: “Our employees have worked extremely hard to get Cybersettle to where it is today. I am thrilled to have received patent protection – this is a remarkable moment for everyone in this company. Nevertheless, we will not rest on this achievement. Cybersettle attained its status as market leader because of its product technology and top-notch customer service. We will continue to excel and serve the legal and insurance communities by continuously improving our system and offering innovative solutions.”

Cybersettle’s Chairman, Nicholas M. Brown, Jr., stated: “This patent protection for Cybersettle’s dispute resolution process is a major milestone, which, we believe, will greatly aid Cybersettle in its efforts to gain increased market share for its claim settlement process.” Brown is the President and CEO of the insurance operations of XL Capital Ltd (NYSE:XL), a leading insurance, reinsurance and financial products and services company, which is Cybersettle’s largest shareholder.

Earlier this year, Cybersettle was named the “official and exclusive online settlement tool” of the Association of Trial Lawyers of America. Subsequently, every major Cybersettle customer has renewed its contract for 2002. “I see an extremely bright future for this company”, Mr. Brofman said. “2002 will be a banner year!”

Cybersettle markets its claims settlement system to the property and casualty insurance industry as well as the plaintiff’s bar. Cybersettle introduced its claims settlement system to the workers compensation insurance industry this year, and is currently securing commitments for that product for 2002. Cybersettle maintains its corporate headquarters at 105 South Bedford Road, Mt. Kisco, New York. For further information contact Charles S. Brofman at 914-244-7103.

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About Cybersettle Formed in 1998, Cybersettle is the leader in online dispute resolution. Cybersettle facilitates high-speed, confidential claim settlements by matching offers and demands on its secure Web site (www.cybersettle.com) via a patented double-blind bidding process. By using Cybersettle, attorneys and insurance companies resolve disputes instantly, 24-hours a day, 7-days a week.

EEOC To Hold Public Meeting on Workplace Bias

December 2001

The Equal Employment Opportunity Commission will hold a public meeting Tuesday, Dec. 11 designed to focus on employment discrimination in the wake of the Sept. 11 terrorist attacks.

The public meeting will be held at 1:30 p.m. in the Clarence M. Mitchell, Jr. Conference Room (9th Floor), 1801 L Street, N.W. in Washington D.C. The public meeting is the first public meeting held under EEOC Chair Cari M. Dominguez,

"This meeting will serve the public interest by engaging the federal government in an open dialogue with employers and community representatives about how the tragic events of September 11 have affected the American workplace," Dominguez said. "We will hear about some concerns and experiences regarding employment discrimination post-September 11, employer responses and best practices, and future actions of the EEOC."

Following opening remarks from Commission members, three panels consisting of affected communities, employers, and EEOC officials will address the issue of workplace bias and harassment against employees or job applicants who are - or are perceived to be - Arab, Muslim, Middle Eastern, South Asian, or Sikh. New tracking codes recently implemented by the Commission show that more than 130 charges of employment discrimination directly related to the events of Sept. 11 have been filed with EEOC since that tragic day.

Invited panelists scheduled to speak to the Commission include representatives of the Arab American Institute, National Association of Muslim Lawyers, Sikh Coalition, TRW Space & Electronics, Astra-Zenica Pharmaceuticals, EEOC headquarters officials, and the director of the agency's Detroit District Office - which has enforcement jurisdiction over one of the nation's largest metropolitan populations of Muslims, Arab-Americans, and Middle Easterners.

While the general public will not be able to address the Commission during the course of the meeting, individuals are welcome to submit written statements that will be considered for publication on EEOC's web site at www.eeoc.gov.

EEOC has taken a prominent role in the coordination of a combined federal government effort to educate, inform, prevent, and address, where necessary, discriminatory backlash and harassment activities directed at communities across the nation that are or may be vulnerable in the aftermath of Sept. 11.

The interagency coordination includes development and dissemination of an information fact sheet and public information brochures in several languages, coordinated outreach, and priority enforcement of the anti-discrimination laws where applicable. On Nov. 19, EEOC and the Departments of Justice and Labor issued a Joint Statement Against Employment Discrimination following the terrorist attacks and followed up with a public community forum in Dearborn, Mich., the next day. The joint statement and other information related to the aftermath are available at www.eeoc.gov.

Source: © 2001 by FPMI Communications, Inc.

eResolution leaves worldwide domain name dispute resolution behind

December 2001

eResolution® announced today its decision to put an end to its online domain name dispute resolution service in order to concentrate more on its software development business.

eResolution was one of four dispute resolution organizations worldwide to be accredited by the Internet Corporation for Assigned Names and Numbers (ICANN), an organization that manages the world's most coveted domain names (".com", ".net", ".org" and ".biz"). eResolution remained to the end the only such dispute resolution provider to offer the administration of the whole process in a protected online environment, thanks to a unique software application that it developed. eResolution's ground-breaking work as the only online domain name dispute resolution service provider constituted the first proof of concept for the online administration of a "quasi-judicial" process on a global scale, thus paving the way for the future of online justice. eResolution's dispute resolution technology contributed to the resolution of disputes involving parties from some 50 different countries.

The ICANN Uniform Dispute Resolution Policy (UDRP) under which eResolution administered domain name cases continues in force amidst growing controversy concerning the "forum-shopping" phenomenon it appears to have created. The ICANN system was originally meant to allow for fair competition between accredited dispute resolution providers. But the accreditation as provider of the World Intellectual Property Organization, a United Nations agency which contributed the draft of the UDRP and whose purpose is to enhance the protection of intellectual property, tilted the balance from the outset. The system gave complainants, who invoke intellectual property rights, the privilege to choose the provider. And statistics were soon released,¹ and later confirmed,² showing that complainants tended to win significantly more often with some providers, notably WIPO, than with others, notably eResolution, creating a perception of bias from which the system never recovered.

One commentator suggested that the markedly lower complainant success rate at eResolution might be explained by the provider's higher rate of contested cases, which in turn might be linked to the ease with which respondents may file an online response with eResolution.³

"Be that as it may, said Professor Karim Benyekhlef, eResolution's president, it is but an open secret that lawyers advising their clients in domain name cases have no scruples about quoting the figures and saying that the odds are better with a given provider. That is the true reason behind the recent Canadian government's decision to ignore the Montreal-based provider - while claiming unfailing support for Canadian know-how in e-commerce - and to take 30 domain names to Geneva for resolution by WIPO - at a much greater cost to Canadian taxpayers. And that is how the market share of eResolution kept on shrinking to a point where the proceeds no longer covered the costs of maintaining the service. In the end, we were, for all practical purposes, financing the legitimization of a system we knew badly needed change", he concluded.

eResolution will carry out the administration of all pending cases to their completion but will not accept new cases. The Montreal-based company will pursue and step-up its activities as software developer and ASP solutions provider, and will continue providing administered dispute resolution services under existing partnerships with AXA Juridica, BellZinc Corporation and Realnames Corporation.

1- Milton Mueller, "Rough Justice: An Analysis of ICANN's Uniform Dispute Resolution Policy", (November 2000), available at http://dcc.syr.edu/report.htm.

2- Michael Geist, "Fair.com?: An Examination of the Allegations of Systemic Unfairness in the ICANN UDRP", (August 2001), available at http://aix1.uottawa.ca/~geist/geistudrp.pdf.

3- Scott Donahey, "The UDRP: Fundamentally Fair, But Far From Perfect", Electronic Commerce & Law Reports, Vol. 6, No. 34, (August 29, 2001), available from http://www.tzmm.com/frames/fartics.htm

Mediate.com Premium Referral Listing This article describes the Mediate.com Premium Referral Listing. This listing allows you to be found by name, geography, areas of practice, additional professional services and key word searches. Over 3,000 referrals are made to this list monthly.

Reorganization of EPA Ombudsman Office

November 2001

EPA Administrator Christie Whitman today announced she will reorganize the EPA's office of ombudsman to give it a truly independent and impartial investigatory function. The ombudsman will be relocated in January to the Office of the Inspector General (OIG) at EPA, an independent organization within the Agency.

"After much deliberation, and serious consideration of recommendations from the General Accounting Office, Senator Mike Crapo and other members of Congress, I have decided to move this function from the Office of Solid Waste and Emergency Response to the Office of the Inspector General. I believe this will give the ombudsman more independence and the impartiality necessary to conduct credible inquiries," said Whitman.

As part of this shift, the EPA Inspector General will conduct a systematic review of open inquiries for citizens who have sought Agency assistance.

"It is our expectation that the National Solid and Hazardous Waste Ombudsman function will become a part of a more holistic effort within the OIG??addressing public concerns across the spectrum of EPA programs," said Whitman.

Originally conceived in the 1984 amendments to the Resource Conservation and Recovery Act (RCRA), the ombudsman was designated to receive individual complaints, grievances, and requests for information, and to make appropriate recommendations regarding RCRA. Because it was viewed as a valuable service, the ombudsman office was retained after its authorization expired in 1988. Over time the jurisdiction of the office has expanded to include Superfund and other hazardous waste programs. The ombudsman evaluates the merits of complaints, including those referred by Members of Congress on behalf of citizens.

As the number and significance of the ombudsman's inquiries have increased, issues have been raised as to whether or not there are institutional barriers to the performance of the ombudsman's responsibilities. A recent GAO report to Congress found the current location of the office an impediment to its independence. "I found the report compelling and consistent with concerns raised by other groups, including various associations of ombudsmen and the American Bar Association," said Whitman.

The OIG is by statute an independent organization within the Agency with a good track record of objectivity in evaluating the interests of all parties and ensuring that questions receive answers. This reorganization will also facilitate Agency implementation of GAO's secondary recommendations for increased accountability and record-keeping. The Inspector General has established rigorous procedures to ensure proper documentation and reporting of all investigations and inquiries.

Mediation: Party sanctioned for failing to participate in good faith with court appointed mediator

November 2001

Gee Gee Nick v. Morgan's Foods, Inc., --F.3d--, 2001 U.S. App. LEXIS 23895, (8th Cir. Nov. 5, 2001)

Corporate appellant received sanctions from the trial court for failing to participate in good faith in a court ordered ADR process, where appellant refused to submit a memorandum of disputed facts to the mediator and had failed to send in-house counsel or a representative with settlement authority to the mediation meeting. When the parties made a motion for reconsideration of the sanctions, the court issued additional fines for "vexatiously increasing the costs of litigation by filing a frivolous motion." Here, on appeal, the court upholds the sanctions by citing authority from the Federal Rules of Civil Procedure 16 and 11, which grant federal courts the authority to facilitate settlement through referral orders and to issue sanctions for violation of those orders.

Source: Recent Developments in Dispute Resolution Willamette Law Online - Willamette University College of Law

Resolution of the International Academy of Mediators Opposing Adoption of the Uniform Mediation Act

November 2001

On October 31, 2001, the Board of Governors of the International Academy of Mediators (IAM) passed the following Resolution:
The International Academy of Mediators opposes adoption of the Uniform Mediation Act as approved and recommended for enactment in all the states, by the National Conference of Commissioners of Uniform State Laws (NCCUSL) in August, 2001.

2001 OPM Director's Award for Outstanding ADR Programs
FedNews OnLine

The winners of the 2001 OPM Director's Award for Outstanding ADR Programs were announced at an award ceremony held at OPM on October 25, 2001. The award recipients are: the Department of the Air Force, Charleston Air Force Base, and Oklahoma City Air Logistics Center at Tinker Air Force Base; the Department of Energy; the Federal Aviation Administration; and the Department of Health and Human Services' Agency for Healthcare Research and Quality. In addition, an Honorable Mention was given to the National Imagery and Mapping Agency. Short descriptions of these ADR programs follow.

Court Upholds Right to Representation During Investigation October 2001 In a just-issued decision (No.00-1433), the U.S. Court of Appeals for the District of Columbia Circuit has upheld the right of federal employees to union representation during internal investigations conducted by an agency's Office of Inspector General (OIG). In an earlier decision, the Federal Labor Relations Authority found that the agency's OIG had violated the Weingarten rule during its investigation of a Department of Justice employee represented by AFGE Local 709. The decision was appealed to the U.S. Court of Appeals for the District of Columbia Circuit, and the Court upheld the FLRA decision. In this key case, the OIG received a report that an employee of a Federal Correctional Institution had smuggled illegal drugs into that facility. The employee, a member of the bargaining unit, asked for union representation, but the investigating agents denied the request and interviewed him anyway. The union representing the employee - the American Federation of Government Employees - filed an unfair labor practice charge. The union claimed that the agents' denial of the employee's request violated the part of the federal government's labor relations statute requiring an agency to give an employee the opportunity to have a union representative present at an interrogation under certain circumstances. One of those circumstances, called the Weingarten right, occurs when an employee reasonably believes that the examination may result in disciplinary action against the employee, and she or he requests union representation. In essence, the FLRA found for the union and against the agency, and the U.S. Court of Appeals saw no basis for reversing the FLRA decision. The agency's basic argument was that there should be a separate set of standards for criminal versus administrative investigations, and that the Weingarten rule should not apply when OIG conducts an internal criminal investigation. The agency argued that whenever a criminal investigation is underway, the OIG agent is no longer a representative of the agency but rather the Attorney General, and that the principles in Weingarten should not apply. However, the Court of Appeals said the OIG is still part of the agency, and that there is no statutory distinction between a criminal and administrative investigation. In other words, the Weingarten rule does apply to OIG investigations. AFGE President Bobby L. Harnage praised the decision, stating that "AFGE will remain vigilant in defending this critical right of union representation." © 2001 by FPMI Communications, Inc.
http://www.fpmi.com

Call For Papers

October 2001

SYMPOSIUM ON CONFLICT RESOLUTION
Friday, February 1, 2002
8:30 am - 5:00 pm
Ottawa, Ontario


SYMPOSIUM THEME: Visions for Justice

POTENTIAL TOPIC AREAS
(tm) International Conflict - Cross Cultural Interventions
- Ethnic and Religious Conflict - Restorative Justice
- Best Practices - Conflict in the Workplace
- Family and Divorce Mediation - Public Consultations
(tm) Civil and Commercial ADR - System Design
- Community-Based Conflict Resolution


Abstracts must be submitted by Friday, November 15th. In order to qualify, a paper must address a research/theory question and offer original scholarship. Abstracts should be approximately 200 words in length and include a title for the presentation. Abstracts will be evaluated on their relevance to conflict resolution, conceptual framework, quality of methods used and originality. Regrettably, no travel or accommodation bursaries are available for presenters.

PLEASE SUBMIT PROPOSALS NO LATER THAN NOV. 15th TO:
Patrice Jacobson
Department of Law, Carleton University
C473 Loeb Bldg., 1125 Colonel By Drive
Ottawa, Ontario K1S 5B6
Phone: (613) 520-2600 Ex. 4021 Fax: (613) 520-4467
e-mail: Patrice_Jacobson@carleton.ca

CPR Institute for Dispute Resolution Announces its 2001 awards program

September 2001

Please note that the CPR Institute for Dispute Resolution in New York has opened its 2001 awards program with this week's announcement that it is accepting nominations.

Established in 1983, the CPR Awards Program honors:

• Outstanding innovations in conflict management by companies, firms, courts and organizations, as well as by neutrals and other individuals;
• Outstanding scholarship in the field; and
• This year, for the first time, outstanding law school courses in problem solving.

Awards for 2001 will be made in five specific categories: Outstanding Practical Achievement (Category I), Original Articles (Category II), Original Student Articles (Category III), Outstanding Books (Category IV), and Problem Solving in the Law School (Category V). There are cash prizes for Categories II-V. Entries in all categories must be received by CPR no later than November 1, 2001. For Guidelines and Entry Procedures, see www.cpradr.org

CPR is a New York City-based nonprofit alliance of global corporations, leading law firms, scholars and public institutions at the forefront of resolving business and public disputes through innovative approaches to conflict management.

EEOC Chair Urges Workplace Tolerance in Wake of Terrorist Attack

September 2001

In the wake of this week's tragic events, Cari M. Dominguez, Chair of the U.S. Equal Employment Opportunity Commission called on all employers and employees across the country to promote tolerance and guard against unlawful workplace discrimination based on national origin or religion.

"We should not allow our anger at the terrorists responsible for this week's heinous attacks to be misdirected against innocent individuals because of their religion, ethnicity, or country of origin," Chair Dominguez said. "In the midst of this tragedy, employers should take time to be alert to instances of harassment or intimidation against Arab-American and Muslim employees. Preventing and prohibiting injustices against our fellow workers is one way to fight back, if only symbolically, against the evil forces that assaulted our workplaces Tuesday morning."

EEOC encourages all employers to do the following:

* Reiterate policies against harassment based on religion, ethnicity, and national origin; * Communicate procedures for addressing workplace discrimination and harassment; * Urge employees to report any such improper conduct; and * Provide training and counseling, as appropriate.

Dominguez exhorted all individuals to heed the words of President Bush, who said: "We must be mindful that as we seek to win the war [against terrorism] we treat Arab- Americans and Muslims with the respect they deserve."

ACR's Response to September 11, 2001

September 2001

On behalf of the ACR Board of Directors and staff, we wish to express our heartfelt sorrow for those who were killed, injured, or otherwise impacted by the events of last Tuesday, September 11th. This is a sad moment for the United States and the rest of the world. With the passing of only one week, this tremendous shock is still reverberating with all of us in a variety of ways. No doubt, we shall all remember exactly where we were, and what we were doing, when we heard this news and saw the horrific pictures on television. ACR strongly condemns these crimes, and supports all actions appropriate under international law to protect against any repeat of such atrocities, identify those responsible, and ensure justice -- but not revenge.

ACR encourages genuine dialogue that seeks to uncover and understand the fundamental interests and concerns of all involved in this complex tragedy. Through dialogue, we will honor the women and men who have lost their lives, tirelessly given of themselves to assist in the rescue efforts, and brought some measure of peace to deeply troubled hearts through random acts of kindness and love. Through dialogue, we may de-escalate the cycle of violence and the growing estrangement between the Western and Islamic worlds.

The place to begin this dialogue is to examine what we are doing as individuals to promote the use of non-violent conflict resolution in our families, communities, and workplaces. Only then may we take steps to unearth and name our own societal contributions to the violence of September the 11th.

As Martin Luther King, Jr. wrote in Strength to Love, "Darkness cannot drive out darkness; only light can do that." We invite you to join with us in honoring the victims of this tragedy and working to build the field of conflict resolution as a true alternative to violence.

May Peace and Grace guide us,

Arnold Shienvold President Association for Conflict Resolution

Daniel Bowling Chief Executive Officer Association for Conflict Resolution

Association for Conflict Resolution (a merged organization of AFM, CREnet and SPIDR) 1527 New Hampshire Ave, NW, Third Floor Washington, DC 20009 Phone: 202-667-9700 Email: acr@acresolution.org Web: www.acresolution.org

New CRinfo Web Page on Terrorism

Sepetmber 2001

Following the terrible events of September 11, those of us working in the peace making and conflict resolution fields have a responsibility to contribute our insights to the debate over how to respond. In order to facilitate an exchange of ideas on this question, CRInfo has established a new, special edition devoted to the crisis: www.crinfo.org/terrorism.

We hope this page, which we will promise to update frequently, will become a place where people working in the field can FIND and POST information related to the crisis. The page will contain both pre-existing information on terrorism, new information created in response to the situation, key news items, general background information, and anything else that might be useful. We have also made available a WebBoard discussion area for people who would like to discuss the crisis online.

If you know of material we should add to this page, please send us an e-mail. We are looking for web links to useful documents, or essays that people would like to post on the web. We can post anything useful that is sent to us in Word, WordPerfect, HTML, PDF, or RTF format. In doing this we will also conspicuously post information about the people and organizations which produce each document (along with appropriate contact information).

We hope many of you will post a link to this page on your website, or otherwise let your colleagues know of its existence. We would also like to know about and coordinate with any organizations pursuing similar efforts. Please send us an e-mail (burgess@crinfo.org) with any suggestions you have for strengthening this effort.

Online Resolution, Inc. Names Dana Haviland as New CEO

September 5, 2001

Online Resolution, Inc. Names Dana Haviland as New CEO Accomplished International Arbitrator to Lead Premier Conflict Resolution Innovator

Cambridge, Mass, -- September 5, 2001 -- (Businesswire)

Online Resolution, Inc. (OR), the leading provider of full-spectrum dispute resolution services over the Internet, today announced that Dana Haviland, former partner at Silicon Valley law firm Wilson, Sonsini, Goodrich, and Rosati, has joined the Company as CEO.

Ms. Haviland moves into the CEO position after more than two decades of extensive experience in international and domestic commercial arbitration, mediation, and litigation for technology and multinational companies.

Specializing in international and alternative dispute resolution, Ms. Haviland has handled disputes between parties from the Pacific Rim, Europe, North and South America, the Middle East and Africa. She has experience as counsel or arbitrator in cases involving technology licensing, software copyrights, patents, trademarks and domain names, international joint venture and distributor agreements, mergers and acquisitions, pharmaceutical and health care agreements, construction disputes, product liability claims, insurance, securities fraud, antitrust and unfair competition.

Ms. Haviland has been a member of the international, technology, complex case and commercial panels of arbitrators and mediators for the American Arbitration Association, as well as the domain name and other panels for the World Intellectual Property Organization Arbitration and Mediation Center, the Hong Kong International Arbitration Centre, the British Columbia International Commercial Arbitration Centre, and the Korean Arbitration Board. She has served as faculty in international arbitrator training programs for the Asia Pacific Center for Resolution of International Business Disputes, the Chartered Institute of Arbitrators, AAA, and the U.S./Mexico Conflict Resolution Center. She was appointed by the U.S. Departments of State and Commerce as a member of the NAFTA Advisory Committee on Private Dispute Resolution, serves on the International Chamber of Commerce Ecommerce Expert Task Force, and recently chaired the ABA International Commercial Arbitration Committee of the Section of International Law and Practice.

"Dana brings unparalleled expertise and global scope to OR," said Colin Rule, President and co-founder of OR. "She is dynamic, insightful, and innovative, and she has integrated these talents with her understanding of international law to establish her position as one of the most respected arbitrators in the world."

"Corporate, governmental, and dispute resolution leaders throughout the world agree that fair, efficient, and effective resolution of disputes arising from the growing use of the Internet in international trade andcommunications is essential," Haviland said. "OR offers a combination of state-of-the-art technology, ADR expertise, and implementation of fundamental principles of due process, confidentiality, and equality, that exceeds the standards and expectations set by these leaders. It is a wonderful opportunity to join them in building the international infrastructure for online dispute resolution and making OR the global standard for resolving disputes over the Internet."

Founded by three of the country's leading experts in dispute resolution, Online Resolution, Inc. provides a complete range of dispute resolution services, including mediation, arbitration and negotiation, to help people and businesses resolve their disputes without going to court. Online Resolution also builds and customizes online collaborative platforms to meet the dispute resolution needs of international and domestic corporations, government agencies and academic institutions.

For more information, visit Online Resolution's website or contact Colin Rule at 617-475-1515.

NALC, USPS Begin Negotiations on new Agreement

August 2001

The National Association of Letter Carriers and the U.S. Postal Service recently began contract talks to reach a negotiated settlement covering about 241,000 city letter carriers throughout the nation, according to a press release.

NALC President Vincent R. Sombrotto said the union was focused on working toward achieving a negotiated agreement that can be sent out to rank-and-file ratification instead of having terms decided by an outside arbitrator.

"This union intends to spend all the time required and exert all the energy needed to reach an agreement with the Postal Service that can be presented to our membership for ratification," Sombrotto said.

The current three-year contract covering 241,000 city letter carriers in all 50 U.S. states and jurisdictions expires Nov. 20, 2001. The last time a national agreement was actually resolved at the bargaining table between NALC and USPS was 1987. Three subsequent contract talks have gone to impasse and each new contract set by an arbitration board under terms of the Postal Reorganization Act of 1970, according to the release.

Provided by FedNews OnLine, a free daily news service from FPMI Communications. To subscribe go to www.fpmi.com/FedNews

ACR CEO Daniel Bowling to step down

August 2001

from the ACR membership email:

"...It is therefore with regret that I also write to inform you that Daniel Bowling will be stepping down as ACR's Chief Executive Officer (CEO) by the end of the year. As our first CEO, Daniel's tireless efforts and inspired leadership nurtured the merger process from concept to completion. Daniel's collaborative leadership skills and his unique combination of legal expertise, deep understanding of the field of conflict resolution, recognition as a leader in the field, and intimate knowledge of the various organizations (having been a long-time Practitioner member of AFM and a Regular member of SPIDR) were essential to the success of the merger process.

He is now looking forward to some well-deserved time off and to more time for speaking and writing about conflict resolution, while considering several job opportunities. We have started the search for a new CEO and invite you to spread the word to qualified candidates. To assure continuity in the leadership of ACR, Daniel will stay through the end of 2001 and will continue to serve ACR in a consulting capacity following his departure as CEO."

James Boskey Award

July 2001

2001 Association for Conflict Resolution James B. Boskey Memorial Youth Scholarship!

James B. Boskey was a well-known and respected teacher, mentor, author, editor and scholar in the conflict resolution community. ACR (a merged organization of AFM, CREnet and SPIDR), with support from individual and organizational donors, has created this scholarship to honor his contributions to dispute resolution and his support of youth. The scholarship is designed to recognize youth leaders in the dispute resolution field, and provide partial assistance for them to attend annual ACR conferences this year's ACR Conference in Toronto, Canada.

Guidelines

• Candidates must be 21 years old, or younger, as of October 10, 2001
• Submissions can be in any form, such as: essays; videos; songs; drawings-be creative!
• All submissions must include candidate name, address, phone, email
• Applications must be received no later than close of business August, 17 2001

CRInfo Mini-Grants Available

August 2001

Mini-Grants Of Up To $7000 Are Available for Web-Based Conflict Resolution Information Projects E-mail Applications Due September 24, 2001

Overview Under its grant from the William and Flora Hewlett Foundation, CRInfo is making available at least $50,000 in the form of small grants to projects which use the World-Wide-Web to disseminate information on conflict resolution-related topics.

Types of Projects Considered 1. Proposal development (including the funding of pilot projects designed to demonstrate the feasibility of proposed projects to potential funders.)
2. Development of new conflict resolution-related instructional materials written specifically for the web.
3. Development of materials (such as teacher's guides and student assignments) which help people get more out of CRInfo resources.
4. Conversion of existing print-based publications into web-accessible form.
5. Any other project consistent with CRInfo's mission of using the web to make information about improved conflict resolution strategies more widely accessible.
6. Individuals and organizations are eligible to apply.
7. Projects may be based in the United States and other countries.

Mediator Qualifications Disclosure Program Mediate.com offers mediators the opportunity to be evaluated as "Associate," "Practitioner" or "Senior" Mediators based upon their degree of training, experience and commitment to a comprehensive set of professional standards. Mediators also indicate the number of cases that they have mediated in specific areas and may provide email links to references.

Environmental Conflict Resolution Participation Program

July 2001

The U.S. Institute for Environmental Conflict Resolution is pleased to announce an exciting new initiative: the ECR Participation Program. Currently under development, this innovative program will provide support to enable full participation of all essential parties in specific environmental conflict resolution efforts, consistent with the U.S. Institute s mission of promoting resolution of environmental disputes involving federal agencies and other parties.

The ECR Participation Program has been carefully designed to achieve several objectives, including: 1) increased nationwide use of ECR in environmental, natural resource, and public lands conflicts involving federal agencies; 2) encouraging high quality dispute resolution processes by not only supporting appropriate use of ECR strategies, but also fostering an appropriate balance among interests involved in such processes; and 3) increasing the ability of all affected parties to effectively participate in ECR processes. Under the Participation Program, the U.S. Institute will provide neutral services and related participation support for initiation of agreement-focused environmental conflict resolution efforts. State and local governments, tribes, and non-governmental organizations may apply for matching funds to support multi-party, neutral-led conflict resolution processes that involve federal agencies or interests. Support is not provided to federal agencies under the ECR Participation Program, although support can be provided to them through another initiative of the U.S. Institute - the Federal Partnership Program.

Early in 2001, the U.S. Institute conducted an assessment of the need to foster participation by essential parties in ECR efforts. The U.S. Institute consulted extensively, contacting representatives of constituencies who would be potential users of this program to learn about their views of the need for ECR participation support. Representatives of environmental groups, natural resource users, tribes, local and state governments, and ECR practitioners all provided information about the specific needs for such a fund and about criteria for eligibility.

To learn more about the ECR Participation Program, interested parties can consult the July 24, 2001 issue of the Federal Register (Vol. 66, No. 142; 01-18358; http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-18358-filed.pdf). There you will learn that the U.S. Institute is soliciting comments regarding the information collection request for this program. The Federal Register notice describes the need for the ECR Participation Program, a description of information to be provided by applicants in their application forms, and the burden estimate for applying for and documenting activities conducted under the ECR Participation Program. Note that applications for support will not be available until all federal Paperwork Reduction Act requirements are completed, expected to be later this year. For more information, contact: David Bernard, Associate Director, U.S. Institute for Environmental Conflict Resolution, Tucson AZ, (520) 670-5299, bernard@ecr.gov

The U.S. Institute for Environmental Conflict Resolution is a federal program with a mandate to assist parties in resolving environmental, natural resource, and public lands conflicts. The U.S. Institute was established in 1998 by the U.S. Congress, and is part of the Morris K. Udall Foundation, an independent agency within the Executive Branch of the federal government. For more information on the U.S. Institute, please see http://www.ecr.gov.

ECR is defined as a non-adversarial process in which parties are assisted in resolving disagreements over, and disputes concerning, controversial environmental issues. In this context, the U.S. Institute serves as an impartial, non-partisan institution providing professional expertise, services, and resources to all parties involved in such disputes, regardless of who initiates or pays for assistance. The U.S. Institute helps parties determine whether collaborative problem solving is suitable for a specific environmental conflict, how to bring all the parties to the table when appropriate, and whether a third-party facilitator or mediator might be helpful in assisting the parties to resolve the conflict. In addition, the U.S. Institute provides mediation and facilitation services, maintains a nationwide roster of qualified facilitators and mediators with substantial experience in environmental conflict resolution and, when asked, can help parties in selecting a neutral.

Champion of Unbundling

July 2001

Forrest “Woody” Mosten is doing it again. It was somewhat revolutionary in 1972 when he and two other lawyers founded what amounted to a nationwide “McLawfirm,” Jacoby & Myers, bringing affordable legal services to a broader segment of the public. Now he’s pushing the logical extension of that concept: unbundled legal services.

Mosten is credited with creating the term itself, which also is known as discrete-task services. He is acknowledged to be one of the main forces behind the growing use and acceptance of the concept, both by the public and the legal profession. It is a big part of his newest venture, the Mosten Mediation Centers, which launched in 1999 with a single office in Sherman Oaks, Calif.

In just two years the operation has grown to 47 offices in 26 states, including 18 offices in California. The growth of mediation has helped drive the increased unbundling of legal services, which in turn has become increasingly important in meeting the needs of self-represented litigants who might want to hire a lawyer for a single aspect of their matter.

“Many clients would like to drive a Mercedes, but they can’t afford it,” Mosten says. “Unbundling is like giving them a Chevy. It’s basic, competent legal service and much better than riding the public bus or walking.”

American Bar Association Journal

Mediate.com and CRInfo Announce Content Sharing Agreement

07/05/2001

Eugene, Oregon and Boulder, Colorado

Mediate.com and CRInfo have announced a content sharing agreement wherein Mediate.com will integrate sections of CRInfo into the Mediate.com main site and client dynamic web sites.

According to Mediate.com co-founder John Helie, "We are able, through Resourceful Internet Solutions (RIS) technology, to bring CRInfo content to the vast community of Mediate.com users. CRInfo co-director Heidi Burgess comments, "We are very pleased to be able to work so effectively and collaboratively with RIS and Mediate.com."

Mediate.com is the most visited conflict resolution site on the Internet with over 800 articles and 5500 mediators in the Mediate.com referral system. CRInfo provides, for easy searching and browsing, catalogs of nearly 10,000 print, web, and organizational resources in the field of conflict resolution. Mediate.com will soon debut a Mediate.com Edition of CRInfo and will also actively incorporate CRInfo content into Mediate.com Dynamic Web Sites and Conflict Resolution Systems.

Resourceful Internet Solutions, Inc., built and operates Mediate.com. RIS also did the initial programming for CRInfo and continues to host the site at www.crinfo.org. RIS and Mediate.com co-founder Jim Melamed notes, "Our ability to offer all or any designated portion of CRInfo content, along with our own already robust Mediate.com content, allows us to offer uniquely rich products for ADR practitioners, organizations and programs. Dynamic RIS technology allows for the incorporation of specific channels of Mediate.com and CRInfo content."

The Conflict Resolution Information Source (CRInfo) is a cooperative effort to strengthen the conflict field's information infrastructure, funded by the William and Flora Hewlett Foundation. CRInfo co-director, Guy Burgess, says of the agreement: "It is a logical choice for us. RIS and Mediate.com capably built our initial system last year and continues to provide excellent web-hosting services. Having all of our systems on the same servers allows us to share information in unique ways. We are thrilled to have RIS and Mediate.com take an even more active lead in bringing additional traffic to the CRInfo Site."

See:
www.crinfo.org
www.mediate.com
www.resourceful.net

for more information:

Jim Melamed at RIS/Mediate: jmelamed@mediate.com

Guy Burgess or Heidi Burgess at CRInfo: burgess@colorado.edu

Mediate.com and CRInfo Announce Content Sharing Agreement
Mediate.com and CRInfo
Mediate.com and CRInfo have announced a content sharing agreement wherein Mediate.com will integrate sections of CRInfo into the Mediate.com main site and client dynamic web sites.

Public Involvement in EPA Decisions: A National Dialogue Via the Internet

July 2001

Hosted by Information Renaissance

July 10 - July 21, 2001

You are invited to participate in an online public discussion with EPA and panels of experts on improving public involvement in EPA decision-making. Please join a broad cross-section of individuals who will share their thoughts and ideas on this important topic with each other and with the Agency.

Over the course of 10 days (including a Saturday), the participants will discuss specific topics drawn from EPA's newly drafted Public Involvement Policy. EPA is now seeking your thoughts and ideas on how it should implement this policy. Because this will be a web-based discussion, you can select the topics that interest you and participate at your convenience.

A revolving panel of experts will discuss the main aspects of the draft Public Involvement Policy with each other and with approximately 500 participants. Among the topics that we will discuss are the following:

Identifying and involving the public, including those hardest to reach;

Providing information to the public;

Creating effective public involvement opportunities during rulemaking and permitting; and

Encouraging collaborative processes

The Dialogue is an excellent opportunity for citizens, representatives of industry, environmental groups, small business, states, local governments, tribes, and other groups to learn more about the draft Policy and to share their thoughts and concerns with EPA.

To learn more about the Dialogue and to register to participate, visit the Web site at:

http://www.network-democracy.org/epa-pip

For more information send e-mail to Patricia Bonner at the EPA: bonner.patricia@epa.gov or to Information Renaissance: info@network-democracy.org, or call 888.638.5323.

Jobs, Grants & Prizes (July 2000) Many of the job opportunities listed in this section are derived from SPIDR's new Employment Opportunities Forum and Mail List. Serious seekers of employment should subscribe to the mail list at www.spidr.org

New ICC dispute resolution service launched

29 June 2001

Paris, - The International Chamber of Commerce has announced new rules for the amicable resolution of business disputes. ICC ADR takes its place alongside arbitration under the rules of the ICC International Court of Arbitration, the world business organization's core dispute resolution service.

The ICC-ADR rules cover all techniques for amicable dispute resolution currently in use, among them mediation, neutral evaluation and mini-trials. The new rules come into force on 1 July.

ADR is distinct from arbitration under the rules of the ICC Court. Unlike arbitration, which results in a binding award, ADR findings are non-binding and the process depends on the goodwill of the parties in dispute. They are free to reach a binding settlement agreement on the basis of ADR findings if they so wish.

International Chamber of Commerce

Executive Order 13218 of June 20, 2001: 21st Century Workforce Initiative June 20, 2001

Executive Order 13218 of June 20, 2001

21st Century Workforce Initiative

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to promote the study and the development of strategies to address the needs of the 21st century workforce, it is hereby ordered as follows:

Section 1. Establishment of the Office of the 21st Century Workforce. (a) The Secretary of Labor is hereby directed to establish within the Department of Labor the Office of the 21st Century Workforce. The Office shall provide a focal point for the identification and study of issues relating to the workforce of the United States and the development of strategies for effectively addressing such issues.

(b) The Office of the 21st Century Workforce shall gather and disseminate information relating to workforce issues by conducting summits, conferences, field hearings, meetings, and other appropriate forums designed to encourage the participation of organizations and individuals interested in such issues, including business and labor organizations, academicians, employers, employees, and public officials at the local, State, and Federal levels. (c) Among the issues to be addressed by the Office of the 21st Century Workforce shall be the identification of the ways in which the Department of Labor may streamline and update the information and services made available to the workforce by the Department; eliminate duplicative or overlapping rules and regulations; and eliminate statutory and regulatory barriers to assisting the workforce in successfully adapting to the challenges of the 21st century.

Sec. 2. Establishment of the Council on the 21st Century Workforce.

(a) Establishment and Composition of the Council.

(i) There is hereby established the ``President's Council on the 21st Century Workforce' (Council).

(ii) The Council shall be composed of not more than 13 members who shall be appointed by the President. The membership shall include individuals who represent the views of business and labor organizations, Federal, State, and local governments, academicians and educators, and such other associations and entities as the President determines are appropriate. In addition, the Secretary of Labor and the Director of the Office of Personnel Management shall serve as ex officio members representing the views of the Federal Government. The Secretary of Labor shall be the Chairperson of the Council.

(b) Functions of the Council. The Council shall provide information and advice to the President through the Secretary of Labor, the Office of the 21st Century Workforce within the Department of Labor, and other appropriate Federal officials relating to issues affecting the 21st century workforce. These activities shall include:

(i) assessing the effects of rapid technological changes, demographic trends, globalization, changes in work processes, and the need for new and enhanced skills for workers, employers, and other related sectors of society;

(ii) examining current and alternative approaches to assisting workers and employers in adjusting to and benefitting from such changes, including

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opportunities for workplace education, retraining, access to assistive technologies and workplace supports, and skills upgrading;

(iii) identifying impediments to the adjustment to such changes by workers and employers and recommending approaches and policies that could remove those impediments;

(iv) assisting the Office of the 21st Century Workforce in reviewing programs carried out by the Department of Labor and identifying changes to such programs that would stream line and update their effectiveness in meeting the needs of the workforce; and

(v) analyzing such additional issues relating to the workforce and making such reports as the President or the Secretary of Labor may request.

(c) Administration of the Council.

(i) The Council shall meet on the call of the Chairperson, at a time and place designated by the Chairperson. The Chairperson may form subcommittees or working groups within the Council to address particular matters.

(ii) The Council may from time to time prescribe such procedures and policies relating to the activities of the Council as are not inconsistent with law or with the provisions of this order.

(iii) Each member of the Council who is not an officer or employee of the Federal Government shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal service (5 U.S.C. 5701-5707).

(iv) The Department of Labor shall make available appropriate funding and administrative support to assist the Council in carrying out the functions under this section, including necessary office space, equipment, supplies, staff, and services. The Secretary of Labor shall perform the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App.), as amended, except that of reporting to the Congress, with respect to the Council in accordance with the guidelines and procedures established by the Administrator of General Services.

(v) The heads of executive agencies shall, to the extent permitted by law, provide the Council with such information as it may require for purposes of carrying out the functions described in this section.

(d) Termination of the Council. The Council shall terminate 2 years from the date of this order unless extended by the President prior to such date.

Sec. 3. Effect on Prior Orders.

(a) Amendments to Executive Order 13111 of January 12, 1999. In order to ensure the coordination and nonduplication of advice and information regarding 21st century workforce issues, section 6 of Executive Order 13111, relating to the functions of the Advisory Committee on Expanding Training Opportunities, is amended to read as follows: ``Sec. 6. Functions of the Advisory Committee. The Committee shall provide the President, through the Secretary of Labor (who shall ensure the coordination of the activities of the Committee with the activities undertaken pursuant to sections 1 and 2 of the Executive Order on the 21st Century Workforce Initiative), an independent assessment of:

(1) progress made by the Federal Government in its use and integration of technology in adult training programs, particularly in addressing the problems of adult illiteracy;

(2) how Federal Government programs, initiatives, and policies can encourage or accelerate training technology to provide more accessible, more timely, and more cost- effective training opportunities for all Americans;

(3) mechanisms for the Federal Government to widely deploy and utilize technology-mediated instruction so all Americans may take advantage of opportunities provided by learning technology;

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(4) the appropriate Federal Government role in research and development for learning technologies and their applications in order to develop high- quality training and education opportunities for all Americans; and

(5) such other issues regarding emerging technologies in government training as specified by the Secretary of Labor.'

(b) Revocation of Executive Order 13174. Executive Order 13174 of October 27, 2000, relating to the establishment of the Commission on Workers, Communities, and Economic Change in the New Economy, is revoked.

(Presidential Sig.)B

THE WHITE HOUSE,

June 20, 2001.