4th National Conference for Minority Professionals in Alternative Dispute Resolution
Agenda

MONDAY, May 18

8:30 am – 4:30 pm

Basic Mediation

This interactive, two-day course will introduce participants to the practice of mediation and the essential skills needed to be a successful mediator. The course will include topics such as: the dynamics of conflict; active listening techniques; negotiation and interest-based problem solving; being responsive to the parties; supporting participants in discussions as they come to understand their own goals and the perspective of the other party; building the process; and ethical issues and model standards of conduct for mediators.

Continuing Education Credit:
This training is being submitted for 13 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Earlene R. Baggett-Hayes, Attorney, Arbitrator, Mediator, Trainer, The Law and Mediation Center, PLLC, Pontiac, MI

8:30 am – 4:30 pm

Training the Trainer to Conduct Basic Mediation

Are you an experienced mediator looking for training to prepare you to become a mediation trainer? Completion of this workshop will help you fine tune your skills and competencies. This workshop will include information regarding adult learning styles, curriculum development/content, effective facilitation techniques and mediation coaching techniques.

Continuing Education Credit:
This training is being submitted for 6.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainers: Zena Zumeta, J.D. , President, Mediation Training & Consultation Institute, Ann Arbor, MI, and Christy Cumberlander Walker, Coordinator of Access Visitation Programs for Domestic Relations and Juvenile Branch, Franklin County Court of Common Pleas, Columbus, Ohio

8:30 am – 4:30 pm

Victim Offender Mediation

The principles of Restorative Justice are the guiding tenets of victim/offender mediation. Learn about the value of mediating when a crime has been committed. Glimpse the victim experience. Consider criminal thinking patterns. Practice the unique format of bringing offender and offended together in a face-to-face dialogue about justice. This is an advanced training for those with experience in basic mediation and a sincere desire to be a neutral in cases of intentional wrongdoing.

Continuing Education Credit:
This training is being submitted for 13 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Martha Green Camp, Staff Mediator, Common Pleas Courts of Meigs and Gallia Counties (Ohio)

8:30 am – 4:30 pm

Basic Appellate Mediation Sponsored by The Supreme Court of Ohio

Basic Appellate Mediation is a skills-based training for those who are currently providing or preparing to provide mediation as an option to parties at the state court appellate level. Courts interested in offering appellate mediation as a service available to parties are encouraged to attend. Based on Ohio appellate court rules and procedures, the course will provide the fundamentals of “mediating the decided case.” It will include topics such as getting clients to the table, the role of parties and attorneys in appellate mediation, and best practices for program design and protocol.

Continuing Education Credit:
This training is being submitted for 6.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Gary F. Canner, Primary Mediation Trainer, Civil and Family, Florida Supreme Court.

8:30 am – Noon

Expanding Your Practice into Construction Mediation

This training is devised for mediators with extensive mediation experience who are ready to branch out into the area of construction mediation. The training will cover such topics as mediation involving: multi-party construction claims, identifying disputes between prime and subcontractors, extra work claims, fraud claims, delay and disruption issues, penalty payment claims and other issues that frequently arise in the construction industry. Additionally, participants will gain practical knowledge about skill-building in order to become objective experts who can advise each side and assist in a win-win solution.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Harold Coleman, Jr., Professional Arbitrator/Mediator, Harold Coleman, Jr., Ltd., San Diego, CA

1:00 - 4:30 pm

Resolving Complex Litigation

This training is designed to enhance the skills of experienced mediators to resolve complex litigation, multi-party disputes, and class actions. The participants will analyze how to maneuver complex disputes through mediation while avoiding common pitfalls which can hinder settlements. Through simulations and role-plays, participants will explore strategies and various approaches to successfully resolve complex cases.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Moderator: Harold Coleman, Jr., Professional Arbitrator/Mediator, Harold Coleman, Jr., Ltd., San Diego, CA

1:00 - 4:30 pm

How to Succeed as a New Labor and Employment Arbitrator

This training will focus on preparing emerging arbitrators in industrial, labor and employment relations who wish to expand their skills in labor and employment arbitration.

Participants in this highly interactive workshop will build on their strengths to design, develop and take the first steps toward carrying out their own action plans for attacking the glass walls and ceilings that often greet newly emerging arbitrators. Attendees will learn tried and true methods of networking, how to recognize and accentuate their strengths, and how to identify curative moves for addressing critical deficiencies. Bring at least three copies of your updated resume to the session.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Betty R. Widgeon, J.D., MAEd., Practicing Labor Arbitrator and Mediator, Widgeon Dispute Resolution & Consultation Services, PLCC, Ann Arbor, MI bwidgeon@comcast.net (734) 645-6107

TUESDAY, May 19

8:30 am – 4:30 pm

Basic Mediation (continued)

See description on May 18.

8:30 am – 4:30 pm

Victim Offender Mediation (continued)

See description on May 18.

8:30 am – 4:30 pm

Mediating Employment Disputes

This training will provide participants with exposure and knowledge in one of the fastest growing areas of mediation: employment and labor disputes. The course is geared toward intermediate/experienced mediators who are looking to expand their skills in the dynamic area of employment/labor disputes. Accordingly, this training will provide substantive knowledge regarding case type inventory, an overview of the court system and the most commonly encountered federal statutory law. Additionally, participants will have the opportunity to engage in role playing, active sharing and discussion.

Continuing Education Credit:
This training is being submitted for 6.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Susan Grody Ruben, Esq., Labor and Employment Arbitrator/Mediator, Cleveland, OH

8:30 am – 12:00 pm

FINRA Basic Arbitration

Financial Industry Regulatory Authority Dispute Resolution

Description: FINRA operates the largest securities dispute resolution forum in the world, handling securities disputes involving individual investors, brokerage firms, and registered representatives. Through its network of offices located in Boca Raton, Chicago, Los Angeles, and New York, FINRA arbitration cases are heard in 73 venues, including at least one location in each state of the United States, Puerto Rico, and London, UK.

The success of securities arbitration depends on the quality of the arbitrators who hear and decide the disputes presented by the parties. The arbitrators who hear and decide these securities disputes come from a broad cross-section of people, diverse in culture, profession and background.

Prerequisites: Persons interested in becoming FINRA arbitrators and who wish to complete a portion of their required training at the National Conference for Minority Professionals in ADR (Conference) on May 19, 2009, must complete each of the following steps. To assure timely application, this process should begin no later than April 1.

1. Complete and submit an arbitrator application, which can be downloaded from the forum’s Web site at www.finra.org/Arbitration/Mediation. Together with the application, individuals must forward two letters of reference and a non-refundable fee of $80.
2. At least thirty (30) days before the conference, successfully complete FINRA’s online basic arbitrator training course. To register for the course, go to FINRA’s Web site at www.finra.org/Arbitration/Mediation. The tuition for the training course is $125 and includes the online course and the on-site portion of the course being conducted at the Institute. (The tuition also includes the cost of an online Expungement course which may be taken after the Institute, but before you can serve as an arbitrator.)
3. At the conclusion of the online course, print out the available certificate confirming that you successfully completed the course. You must provide your training certificate to the trainer when you enter the classroom at the Conference.
4. Register for the Institute here.

For more information or questions, please call FINRA’s arbitrator recruitment representative at 212-858-4327.

Class size: 15

Cost: While all applications for this training will be processed through FINRA ($80 application fee and $125 registration fee), registration for the Onsite Classroom session at the Training Institute is required by submitting the enclosed registration form. No additional fee is paid to Capital University for this training.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Scott Carfello, Associate Vice President and Regional Director:, FINRA Dispute Resolution, Midwest Regional Office, Chicago, IL

Wednesday, May 20

8:30 am – 4:30 pm

Joining Ohio’s State Employment Relations Board Roster of Neutrals

Ohio’s State Employment Relations Board (SERB) will introduce a new pilot program to help new candidates gain access to the roster of neutrals and to achieve acceptability to the parties, in order to facilitate appointment to hear cases.

SERB provides a board-approved roster of neutrals eligible for assignment as fact-finders and conciliators under the statutory dispute settlement procedures. The statutory dispute settlement procedures provide for the intervention of neutrals to assist the parties at several stages in the process. This training will provide a practical one-day workshop for persons who are thinking of entering the field as a professional labor neutral. Participants will gain knowledge about the agency, arbitration, fact-finding, conciliation services and practical information about entry to the SERB roster of neutrals

Continuing Education Credit:
This training is being submitted for 6.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: N. Eugene Brundige, Chairperson, Ohio State Employment Relations Board, and former Arbitrator, Mediator, Fact Finder and Conciliator. Mr. Brundige will be assisted by SERB staff and current practicing members of the neutral roster.

8:30 am – 2:30 pm

Foreclosure Mediation Sponsored by The Supreme Court of Ohio

During this training participants will discuss the recent historical and institutional changes that led to the foreclosure crisis, the importance and scope of the task at hand. They will learn the relevant terminology, players and the inter-/intra-party dynamics of the foreclosure servicing industry that will inform and limit settlement possibilities in home foreclosure and loan default situations. They will demonstrate thorough knowledge of the range of settlement options, limitations, advantages and disadvantages for the parties in foreclosure cases, and the information required from the parties to come to an agreement under each option. They also will analyze the possibilities and limitations of mediation between pro se homeowners and lenders in foreclosure cases while also identifying when and how to terminate the mediation. Finally, participants will review relevant statutes and rules in order to recognize the legal framework applying to foreclosure cases. They will learn how to apply the local court foreclosure mediation program processes and procedures, if applicable, and be familiar with the Supreme Court Foreclosure Mediation Program Model.

Pre-requisite: Successful completion of the Basic Mediation training.

Continuing Education Credit:
This training is being submitted for 4.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainers:  David Wiechel, Attorney at Law, and Jacqueline C. Hagerott, Manager, Dispute Resolution Section of the Supreme Court of Ohio

2:45-5:00 pm

The Uniform Mediation Act Sponsored by The Supreme Court of Ohio

This training aims to familiarize participants with the Uniform Mediation Act’s provisions, including its scope. Participants will discuss specific privileges and exceptions to those privileges with a comparison to confidentiality in addition to the role of party and non-party participants and the rights of clients.  

Participants who successfully complete all of the following trainings: 1) Basic Mediation (minimum of 12 hours), 2) Foreclosure Mediation offered by the Supreme Court of Ohio and 3) the Uniform Mediation Act (minimum of two hours) are eligible to be listed in the Directory of Foreclosure Mediators .

Continuing Education Credit:
This training is being submitted for 2 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Terrence T. Wheeler, Attorney at Law, Artz, Dewhirst and Wheeler, LLP, Columbus, OH

8:30 am – 4:30 pm

Introduction to Mediation and Facilitation of Special Education Disputes

Participants in this training will learn the distinctions between mediation and facilitation, and will understand the skill set differences between these activities.  They will see the powerful role emotions play in complex disputes such as special education. Participants will see a realistic mediation role play between representatives of a school district and the parents of a child with a disability. The role play will incorporate all the session topics relevant to successful mediation of special education disputes.

Continuing Education Credit:
This training is being submitted for 6.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education and 6.5 Social Work Continuing Education Units from the State of Ohio Counselor, Social Worker and Marriage and Family Therapist Board. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Moira J. Kelly, President, Kelly Consulting LLC, New Berlin, WI

8:30 am – Noon

Appreciative Inquiry

Appreciative Inquiry (AI) is a unique and proven approach to accomplish change in any human system- individual, group, team, division, organization, community, country. AI is well grounded in the new sciences of chaos and complexity theory, quantum physics, the concept of social constructionism and the many years of research on the positive connection between imagery and behavior.

Participants in this course will learn the history, philosophy, principles, science and 4-D model of AI. Attendees will work in small groups to experience the second phase of AI (Dream) where they will discuss the common ideas, themes, and insights from the Discover phase-and put those themes in song, skit, rap, news report or drawing. Participants will identify and discuss current issues to which small groups can brainstorm AI elements to address those issues and to come up with Simple Rules that reflect an AI perspective on the issues.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education and 3.5 Social Work Continuing Education Units from the State of Ohio Counselor, Social Worker and Marriage and Family Therapist Board. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Timothy Germany, Commissioner, Federal Mediation & Conciliation Service, New York, NY

8:30 am – Noon

Non-Traditional Applications of Restorative Justice

Principles of restorative justice appear in victim offender mediation, but the use of restorative justice techniques are not limited to these scenarios. This training will help participants expand upon and enhance their mediation skills by focusing on the use of restorative justice in nontraditional settings. Participants will receive practical methods for resolving cases at the juvenile justice level as well as in school systems. Additionally, participants will receive training on conflict management, abstract conflict issues, and a visual representation of the restorative justice process.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Patrick M. Wolff, Attorney, Founder and Executive Director, Inafa’Maolek Conciliation, Hagatna, Guam

1:00-4:30 pm

Techniques and Considerations for Elder Mediations

In the last 30 years, guardianship laws have been revised to help assure that civil liberties of elder and vulnerable individuals are protected in court proceedings.  However, the due process rights of a court hearing are not guaranteed in mediation.   In this interactive workshop we will explore techniques for mediators to assure a fair process, access to relevant information, and protection of legal rights for respondents in the context of a facilitative negotiation process.   

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education and 3.5 Social Work Continuing Education Units from the State of Ohio Counselor, Social Worker and Marriage and Family Therapist Board. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainers: Zena D. Zumeta, JD, Director, Mediation Training & Consultation Institute, Ann Arbor, MI, and Susan J. Butterwick, JD, Mediator & Attorney, Susan J. Butterwick, Ann Arbor, MI.

1:00 - 4:30 pm

Using Complexity Science as a Model for Enhancing Your ADR Skills

Participants in this workshop will learn about and apply the insights from Complexity Science – the study of how nature works – to ADR work.

Attendees will learn what influences patterns of thinking and behavior by understanding and applying simple concepts from the three pillars of Complexity Science: Chaos Theory, Complex Adaptive Systems, and Dissipative Structures.

Participants will work in small groups to apply the concepts to simulations and to any aspect of their ongoing ADR work.

Continuing Education Credit:
This training is being submitted for 3.5 CLE hours to the Supreme Court of Ohio Commission on Continuing Legal Education. Those wishing to obtain CLE credit from other states should inquire with their own state licensing agency.

Trainer: Timothy Germany, Commissioner, Federal Mediation & Conciliation Service, New York, NY

While FINRA recommends that individuals interested in joining its arbitrator roster complete an application prior to attending training, individuals may also apply to the roster after completion of the training. Please note, however, that the $125 training fee will not be refunded if the individual is not accepted to the roster.

FINRA’s online, basic arbitrator training course includes a 25-question, multiple-choice final examination designed to measure the participant’s understanding of the program's material. The online course and exam takes approximately eight hours to complete, and can be done over a period of 30 days from the date of registration. To pass the online course, the participant must score 80% or higher on the online examination.