Mediación: un aporte a la transformación de las relaciones sociales (5/08/08)
Alejandro M. Nató, Liliana María Carbajal, María Gabriela Rodríguez Querejazu
Esta nota enuncia algunas de las ideas desarrolladas en el libro: Mediación Comunitaria. Conflictos en el escenario social urbano (México, Universidad de Sonora-Centro Internacional de Estudios Sobre Democracia y Paz Social, 2005); Alejandro Nató, María Gabriela Rodríguez Querejazu y Liliana Carbajal. 0

Eye of the Storm Leadership - Chapter One (4/01/08)
Peter Adler
Peter Adler is pleased to here provide Chapter One of his new book "Eye of the Storm Leadership." This chapter is entitled: Guerilla Bridge Building and includes free access to the accompanying video. 2008 4

La mediación para una comunidad participativa (3/31/08)
Juan Carlos Vezzulla
Los años dedicados a la práctica de la mediación en diversos contextos y, fundamentalmente, las exigencias enfrentadas en la formación de mediadores en diferentes países (nada mejor que enseñar para aprender) me llevaron a reconocer la necesidad de construir un marco teórico referencial que sustentase la mediación, su filosofía y práctica, y que marcase principios básicos que permitiesen diferenciarla de la conciliación y de todo un abanico de prácticas extendidas por el mundo bajo el nombre de mediación sin respeto a su base científica, filosófica, ética y profesional.  2008 3   1 Comment

Mediación entre víctima y ofensor (2/11/08)
Josefina Rendon
La mediación entre víctima y ofensor es el proceso por el cual la víctima de un crimen enfrenta al causante de éste en la presencia de un tercero quien ayuda a las partes a dialogar sobre los hechos y sus consecuencias. En dicho enfrentamiento, la víctima tiene la oportunidad de expresarle al ofensor su coraje o su temor, de echarle en cara el impacto de su conducta criminal, de preguntarle las razones de esta conducta, o simplemente, de satisfacer su propia curiosidad sobre que tipo de persona es el acusado. Por su lado, el ofensor tiene la oportunidad de explicar los hechos, explicar la razón de su conducta, comprender el punto de vista de la víctima, y hasta pedirle perdón. 0

Jamaican Foundation Seeks Funding to Establish Dispute Resolution Centers (12/20/07)
Keith Seat

The Dispute Resolution Foundation in Jamaica is seeking to raise funds for at least 30 peace and justice centers, which will be the focal point for dispute resolution efforts across the island. In addition to Jamaican government agencies, the Foundation is looking to the United Nations and other partners for sustained funding for the centers, which will train and rely on volunteers. Jamaica Gleaner (December 11, 2007) 0

Japan Upgrading Consumer Mediation Services (9/19/07)
Keith Seat

Japan’s Cabinet Office plans to improve mediation services for consumers harmed by illegal business practices and defective products by creating a new Alternative Dispute Resolution system at the National Consumer Affairs Center. After submission of a final report in September, legislation will likely be introduced to give the Center greater authority to conduct mediations and resolve matters, including authority to request companies to participate, present materials and execute agreements with consumers. Sufficient resources are also needed to ensure success, as the Center’s workload is already heavy. This proposal reflects the gradual change in Japan’s approach to consumer protection, which is moving from reliance on extensive regulation to greater enforcement by consumers through the legal system.

Daily Yomiuri (August 8, 2007) (Subscription Required) 0

A Stage Model of Social Movement Cooptation: Community Mediation in the United States (1/15/07)
Tim Hedeen, Patrick G Coy
The community mediation movement in the United States arose in the late 1970s as an alternative to a formalized justice system which was perceived to be costly, time consuming, and unresponsive to individual and community needs. Community mediation advocates also valued community training, social justice, volunteerism, empowerment and local control over conflict resolution mechanisms. But over the past quarter century, community mediation has become increasingly institutionalized and undergone various degrees of cooptation in its evolving relationship with the court system. Drawing on the literatures of dispute resolution, cooptation, and social movements, we analyze the evolution of community mediation and identify the degrees and dimensions of its cooptation. 2007 1   1 Comment

Lost In Translation: Legislature’s Revision Necessary To Restore Funds To Community Based Dispute Resolution Programs (12/04/06)
Elizabeth Moreno
In 1986, the California legislature enacted a statute to fund a Dispute Resolution Program. The legislature intended for the funds to be directed to the community to develop an informal resolution of disputes in a non-coercive dispute resolution forum, outside of the court system. However,the intent of the legislature has been lost and the funds are being directed toward court programs that favor the economically well off who have the financial resources to maintain costly and protracted litigation. 2006 12

A Perspective on the Growth and Evolution of the Field of Mediation (7/10/06)
Mark Kleiman
As someone who was present at and an active participant in the beginning of the modern development of mediation in the early 80’s I would urge that we maintain a perspective on the growth and evolution of this field in the past 25 years. This does not in any way mean we should be any less committed and active in our promotion of this paradigm for conflict resolution. We should be careful to channel our passion into strategic action rather than anger. 2006 7   5 Comments

Supporting Difficult Conversations: Articulation And Application Of The Transformative Framework At Greenwich Mediation (7/11/05)
Patricia Gonsalves & Donna Turner Hudson “Listening, talking and working together to reach agreement about dispute” was the mission statement quoted in the Centre’s first annual report in 1996. This approach makes a basic assumption that what parties in any mediation want most is to get their conflict settled and to reach some sort of agreement about how they will coexist in the future. 2005 7   1 Comment

Mediating the Aftermath of Terri Schiavo’s Death (6/13/05)
Douglas Noll
Terri Schiavo’s death has dropped from the news. For the family, the news trucks, interviews, and spotlights have been turned off, but the hostility, anger, and unresolved conflict must remain. Considering the 12 year conflict played out in the courts, the Florida legislature, the United States Congress and the White House, could reconciliation between the family members be possible? As a peacemaker, I think so. I also believe that until the family reconciles, personal healing will be very difficult. 2005 6   8 Comments

Our Culture of Conflict: Snorts and Retorts of an Untamed Brat (6/13/05)
Robert Benjamin
I found an article in the New York Times a few weeks ago quite aggravating. It was about the boorish behavior of health club members and how incidents of discourteous and downright hostile actions were increasing. The topic is revealing, not so much in itself, but as an important microcosm within which to consider how we are encouraged to think about and handle conflicts and disputes in our culture. There is a carry over effect: how we deal with day to day disputes sets the tone for how we handle more important conflicts in our personal lives, workplaces, schools and in the world. 2005 6   2 Comments

Community Section Editorial (9/27/04)
Patrick G. Coy & Tim Hedeen Welcome to the Mediate.com Community Section. We have plenty of new content posted, and more on the way shortly. 2004 9

Tough Elder Decisions: The Mediation Option (5/24/04)
Rikk Larsen & Blair Trippe There is a new field developing in the mediation world – Elder Mediation. Elder mediation is proving to be an effective way for families, dealing with complex emotional decision processes, to efficiently and safely make tough choices. This is especially true at the beginning of the decision process – when families are fact finding, struggling with options and discovering feelings about their parents or adult children that well up and make clear thinking difficult. 2004 5   3 Comments

Institutionalizing Community Mediation: Can Dispute Resolution “of, by, and for the People” Long Endure? (3/04/04)
Timothy Hedeen Much has changed over the course of time; the label “community justice” has given way to “community mediation,” the number of programs has perhaps tripled, and community mediation is not the only challenge to the “monopoly on dispute resolution, held by the courts.” And, of course, much has remained the same. 2004 2

Peace Committees In Troubled Communities (2/20/04)
Martin Wright
Peace committees have been described as a sort of community restorative justice project, which has been taking root in some very deprived areas of Cape Town, South Africa. John Cartwright from IDEASWORK, the Programme Co-ordinator of the Peace Committee project, described their work at a seminar at NACRO on 5 February 2004. 2004 2   1 Comment

The Promise of Restorative Justice: Peru’s Truth and Reconciliation Commission Issues its Final Report (2/09/04)
Paula Young
If the experience of the South African people is any measure of the experience Peruvians may expect, the TRC process has its limits. The world will watch to see if the Peruvian TRC process better fulfills the promise of restorative justice. 2004 2

Community Mediation Centers Receive Grants (2/06/04)

February 2004

The National Association for Community Mediation (NAFCM) is pleased to announce the 2003 grant recipients in the NAFCM Minigrant program. NAFCM supports the maintenance and growth of community-based mediation programs and processes; presents a compelling voice in appropriate policy-making, legislative, professional and other arenas; and encourages the development and sharing of resources for these efforts. NAFCM is the only national association dedicated to the advancement of community mediation programs.

Funds were made possible by a generous grant from the William and Flora Hewlett Foundation. The 2003 grant cycles ended May 1, and September 2. The 2004 application deadlines are May 3 and September 1. All community mediation programs with NAFCM membership are eligible to apply. Minigrants are awarded under seven focus areas: 1) Program Development; 2) Professional Development and Organizational Effectiveness; 3) Quality Assurance; 4) Promotion of Diversity and Social Justice; 5) Technology; 6) Statewide Collaboration; and 7) New Center Start Up. Almost 60 centers applied in the May round and 16 centers received a total of $51,395. In the September round, we received 102 proposals, totaling over $440,000 requested. Sixteen community mediation centers were awarded minigrants, totaling $50,938.

Center for Mediation and Community Dialogue, Kenai, AK was awarded a start-up grant of $5,000 to pay for case management software, outreach materials, and a part-time Volunteer Coordinator to build referrals, conduct intake, support volunteer mediators, and assist with fund raising.

Humboldt Mediation Services, Eureka, CA received $4,025 to expand its training program to provide Basic Communication and Conflict Management workshops to community organizations and groups in Humboldt County, California.

Community Non-Violence Resource Center, Pasadena, CA was awarded $4,000 to help pilot a school-based community mediation center at Blair High School in the Pasadena Unified School District. The center hopes to bridge the artificial divide that often exists between school-based conflicts and community conflicts.

Center for Human Development / Conflict Resolution Panels, Pleasant Hill, CA was granted $710 to continue outreach into the Spanish-speaking community with development of Spanish language promotional materials.

Community Boards, San Francisco, CA was granted $2,000 to develop and present mediation training for persons with disabilities and small business owners in San Francisco.

Victim-Offender Reconciliation Program, Ukiah, CA received $5,000 to serve the isolated Round Valley community, including a large Native American population. Volunteer mediation training, early intervention in schools, and restorative justice are projected objectives.

Braided River Peace Project, Durango, CO was awarded a start-up grant of $2,873 for recruitment and training of volunteer mediators.

The Resolution Center, Grand Junction, CO received a start-up grant of $5,000 to recruit and train volunteer mediators and to establish operational procedures.

Dispute Settlement Center, Inc., Norwalk, CT was granted $4,250 to expand its programs to the mentally disabled and/or psychiatrically labeled to create a more accessible and understandable justice system to those individuals. The grant will also be used to help train caregivers in group homes to more effectively deal with conflicts between residents.

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Community Mediation, page 2

Mediation Services of Maui, Wailuku, HI received a Technology grant of $1,000 for website maintenance, database software upgrade and computer networking.

Indiana Network for Community Mediation, Richmond, IN was awarded $4,170 for a statewide collaborative project to produce public information videos specific to local centers.

Penquis Dispute Resolution Center, Bangor, ME received $4,807 to develop and pilot a Victim Offender Conferencing program.

Community Dispute Settlement Center, Cambridge, MA received $3,400 to develop an elder care mediation program to serve the needs of the low and moderate-income seniors and their families.

The Mediation and Training Collaborative, Greenfield, MA was awarded $4,499 for provision of mediation and training in conflict resolution and facilitation skills to town administrative staff, elected and appointed officials and active citizens.

Dispute Resolution Center of Central Michigan, Lansing, MI was granted $5,000 to provide conflict resolution and peer mediation skills training to “at risk” students in four middle schools.

Community Mediation Center, Independence, MO was granted $2,540 to allow staff to attend training in divorce mediation and increase capacity by developing a data tracking system and web site.

Mediation Network Association, Kansas City, MO received a start-up grant of $5,000 to establish the mediation center and provide ongoing services.

Community Diversion Program, Greenland, NH received $2,150 to incorporate co-parenting mediation services in their program.

ACCORD: A Center for Dispute Resolution, Inc., Binghamton, NY received a technology grant of $500 to purchase and install a computer backup system and a virus protection system.

Dispute Settlement Center, Buffalo, NY was awarded $2,100 to implement a mentoring and coaching program for volunteer mediators.

Westchester Mediation Center of CLUSTER, Yonkers, NY received $3,100 to provide Family Group Conferencing to assist young persons’ integration back into their families and communities after incarceration.

The Mediation Network of North Carolina, Raleigh, NC was awarded $5,000 for a statewide project to design and implement a rating system to ensure effectiveness and high quality services of mediation centers.

Community Mediation Center of Cape Fear, Inc., Wilmington, NC received $3,723 to design and implement a Public Decisions Program that will assist with zoning and land use decision making.

The Conflict Resolution Center at the University of North Dakota, Grand Forks, ND was awarded $4,870 to provide refresher mediation training to residents of the Rosebud Sioux Reservation and to facilitate decision making for the implementation of a mediation program within the Peace Court/Tribal Court.

Mediation Services of Linn County, Albany, OR received $3,930 to provide conflict management and peer mediation training in high schools.

Resolutions Northwest, Portland OR was granted $1,750 for LINKS statewide center association. Funds will be used to train and organize centers to advocate for continued state funding to support community dispute resolution centers in Oregon. LINKS will also create a centralized mechanism for addressing issues shared by centers across the state.

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Community Mediation, page 3

Center for Alternatives in Community Justice, State College, PA was awarded a technology grant of $846 towards the purchase of a laptop computer to assist in their court mediation program.

Hill Country Alternative Dispute Resolution Center, Inc., Kerrville, TX received a

start-up grant of $1,590 for family mediation training and travel related to community education.

Conflict Resolution Center, Roanoke, VA received $2,000 to support a newly formed community mediation program in the areas of board development; strategic planning; articles of incorporation and bylaws; achieving 501(c)(3) status; and case management procedures.

Mediation and Settlement Center, Montesano, WA was awarded a technology minigrant of $500 towards the purchase of a desktop computer and a LaserJet printer.

Okanogan County Dispute Resolution Center, Omak WA received $4,500 to design and implement a pilot Juvenile Restorative Justice program in Okanogan County.

Community Mediation Services, Newfoundland, Canada was granted $2,500 to raise community awareness of non-violent, non-adversarial methods of conflict resolution through presentations and a media campaign.

For further information, contact Joanne Galindo, Associate Director at (202) 667-9700; jgalindo@nafcm.org; http://www.nafcm.org.

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Italian businesses, mediation, could it be? The mediation bridge: An idea becoming reality (11/10/03)
Alessandra Sgubini
When a “bridge” exists between two countries, an exchange of knowledge, attitudes, and ideas can have positive impact for both countries and can create business for both countries. My vision is to develop a concrete plan for the transfer of the concept of mediation to Italy and to build an ideal mediation “bridge” for the benefit of business communities in both San Diego (US) and Milan (Italy). 2003 11   2 Comments

Sexual Harassment Claims: When Can Mediation Work? (8/26/03)
Elizabeth Whittenbury
The problems engendered through litigation of sexual harassment cases cause proactive business people to seek alternative means for redress. Recently, some employers have begun using mediation to resolve sexual harassment claims. A review of the literature reveals that many different types of mediation exist. This article discusses two mediation models and shows the benefits and detriments of each for resolving sexual harassment claims. 2003 8   1 Comment

Diversity Resistance (Part III) (8/25/03)
Marvin E. Johnson
Although the outcomes that derive from encounters are not always positive, Diversity Resistance, as defined herein, is not about “bad people.” It is about the unconscious behavior of well-meaning individuals who, without provocation, would not intentionally harm another human being. If their actions/behavior inadvertently harmed or injured someone, most would apologize and, thereafter, pay closer attention to their actions/behavior under the same or similar circumstances. 2003 8

Congregational Conflict: Things To Do If The Phone Call Comes (6/23/03)
Lester L. Adams
If you are called by a congregation member or leader who seeks your help with a conflict, this article points out a few things you should do and consider. 2003 6   1 Comment

Where is the Give in Winner-Take-All? (2/24/03)
S. Elise Peeples
Recently I attended a program on the interface between mediation and politics. Out of that discussion emerged some further ideas which this article explores. I suggest the following approaches to creating a less polarized world, one of give and take where the goal is not to win but to embrace different viewpoints and use them to solve problems creatively. 2003 2

The Virginia Association for Community Conflict Resolution's response to House Bills 1965 and 1966 (1/14/03)

January 2003

Members of the Virginia Association for Community Conflict Resolution are aware of Delegate Athey's proposed legislation to limit the provision of free mediation services for child custody, support and visitation cases to Virginia's indigent citizens (House Bill 1965 and House Bill 1966 pertaining to Senate Bill 127 of Virginia Code Section 20-124.4)

When Senate Bill 127 was introduced (the bill that provided for this mediation), directors from community mediation centers across Virginia questioned whether there should not be an income test to determine who should receive free services. But two years have passed since Senate Bill 127 was put into effect, thousands of Virginians have had access to mediation services, and center directors have had the opportunity to evaluate the program. Below is the information that was used to help us study this question. (The budget information comes from the Supreme Court of Virginia).

In fiscal year 2001 the Juvenile and Domestic Relations courts of Virginia adjudicated 56,575 cases. The cost to the state was $47,709,118 or $843 per case.

During fiscal year 2001 the number of cases that were mediated through Senate Bill 127 totaled 6,649 at a cost of $120.75 per case thanks to the generosity of Virginia mediators who received a stipend of $100 per case to provide both case management and mediation.

Center statistics show that over 80% of the people who are receiving mediation services earn less than $25,000 per year. Of the remaining group, we speculate that a large percentage of them will not participate in mediation if they have to pay for it. These cases will most likely be tried at a cost of $843 per case.

During fiscal year 2003 we anticipate that approximately 10,000 child custody, visitation and support cases could be mediated under Senate Bill 127. The cost to the state for mediating those cases would total $1,207,500. If 30% of these citizens pay for mediation on their own, the state would indeed save $300,000. But if even 10% of these cases are adjudicated because people do not want to pay for the mediation services (which we predict), the cost to Virginia to adjudicate these cases will be $843,000. There will be no cost savings to the state of Virginia, and instead more money will be needed.

We do not believe our already-tapped courts or clerks offices have the time, manpower, or inclination to gather income information. It would be especially difficult for court staff to gather income information from the non-petitioning party.

Given the high satisfaction rate from mediation (over 90%) as evidenced by exit evaluations, the high agreement rates (83%) and the cost savings to Virginians, it is to Virginia's advantage to keep this program funded. Mediation is a voluntary process and thousands of Virginians are choosing to use it and derive their justice in this way.

We are gathering anecdotal evidence from judges that seems to indicate that they see fewer return visits to court from parties who have mediated when compared with parties whose cases were adjudicated. We can infer that this is a large future cost savings to the state of Virginia that merits further study.

Virginia's community mediation centers, mediators from across the state, the Office of Dispute Resolution of the Virginia Supreme Court, and many local judges and court personnel have worked hard over the past two years to make the mediation program supported by Senate Bill 127 a successful one. Any alterations in the current process is likely to result in setbacks to the program and the potential elimination of some programs (resulting in fewer cost savings to the state).

We support limiting the application of 20-124.4 to Juvenile and Domestic Relations District Courts and omitting application to the Circuit Court where most parties are represented by attorneys and have the means to pay private mediators. We agree that mediators who offer professional services should expect to be compensated by the parties who can afford to do so in an appropriate manner.

After evaluating this information, members of the Virginia Association for Community Conflict Resolution conclude that Senate Bill 127 has given thousands of Virginians access to what many feel is a more appropriate arena to resolve family conflicts. Mediation is clearly working in Virginia from a social, financial and services perspective. Altering Senate Bill 127 by limiting the provision of free mediation services only to indigent citizens would result in increased costs to clients and government without any beneficial increase in satisfaction or outcome.

We have appreciated this opportunity to study the efficacy and cost savings of this program and are hopeful that our findings will be helpful to you.

Christine Poulson Virginia Association for Community Conflict Resolution

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Peace and the Internet (11/25/02)
John Helie
With the state of the world today, anyone would be hard pressed to make a case that the Internet has had a significant positive impact on world peace. On the other hand, knowing how much the Internet has changed the world, it is hard to imagine that the Internet has not changed the peacefulness of the world. The Internet has changed everything. 2002 11   3 Comments