TAPM Newsletter

October 2023

Note from the Board

Greetings, TAPM mediators!

We hope that you're enjoying the cooler weather and the vibrant fall hues. It has been a busy month for us at TAPM. In addition to the TAPM Speaker Series presentation, October has brought mediation events across the state. It was great to see so many TAPM members together in one place at the 21st Annual ADR Workshop! Additionally, the new TAPM website has launched. We are excited to see members signing in and updating their profiles, and we look forward to growing the website into a helpful resource for learning and connection.

As 2023 enters its final phase, we are looking forward to a skill-building workshop in November and a Speaker Series event in December - so you have two more opportunities to get free CME/CLE credit before the end of the year! As we plan the calendar for the coming year we welcome your ideas about events and speakers.

Best wishes for a peaceful Autumn!

The TAPM Board

“Always forgive your enemies; nothing annoys them so much.” -Oscar Wilde

News & Updates

Our new website - tapmmediators.org - has launched! It is time to sign in to your new profile. To sign in, you will first need to set up a new password. Enter the username or email address associated with your TAPM membership and choose the option of getting a new password. The system will send you an email that will let you set up your password for this new site.

Once you have signed in, your next step is to update your profile information and add a picture! The Find a Mediator search function should make it much easier for the public to find your profile, so make sure all your information is up-to-date and correct with your contact information, biographical info, training and education, and the different types of conflict resolution work that you do. Click this button to visit the webpage:

Now that the setup is complete, we can finally get started on the fun part - filling the Member Portal with forms, articles, workbooks, videos, mentorship connections, and other helpful resources. This will be an ongoing project, and if you have resources that you would like to contribute to this collection please pass them along.

Here is the link to a very brief video walk-through of the new site.

Thank You To Everyone Who Attended TAPM Speaker Series Presents Presents: Dan Mortimer

Our October Speaker Series event featured Dan Mortimer, a business development specialist, who presented on key factors driving case generation in the realm of mediation. He discussed Performance Laws' "Cultivation System," emphasizing principles to form new relationships with clients and referral parties, nurture existing connections, maintain visibility with contacts, and effectively implement business development strategies. Attendees gained valuable insights into proven and effective techniques utilized by mediators for establishing new practices and expanding existing ones. The recording of this event will soon be available to TAPM members on our website!

Going forward, we plan to alternate our Speaker Series events with these Skill-Building Workshops so we can offer regular opportunities for practice, roleplay, coaching, demonstrations, mentorship, and fellowship. We welcome your input on potential topics and activities. You can share your thoughts and ideas at this link:

ADRC Annual Seminar 2023

Last week, mediators from all over the state drove or zoomed in for the 21st Annual ADR Workshop, which took place at Lipscomb University's Swang Center. Stephen Shields and Charles (Chuck) Hill presented on Mediation Participation Agreements. Marc Harwell presented on the 12 Pillars of Mediation. Marc Harwell and Chuck Hill also participated in a roleplay of a ADRC grievance procedure. They were joined by Jackie Kittrell, Cindy Ettinghoff, Dawn Forshay, Betsy Meadows, and Lori Reed. Kimberly Best and Jen Comiskey presented on Elder Mediation: A Human Rights Conversation. Grayfred Gray presented on the barriers that keep cases from getting to mediation. Linda Seely presented on Artificial Intelligence, Mediation, and Technology. TAPM was well-represented in terms of speakers and participants!

The hard work that went into organizing and planning this event was evident. The ADRC, AOC staff, the presenters, and everyone else behind the scenes created an event that was interesting and engaging.

Additionally, Dawn Forshay, Denise Jackson, PhD., and Karen Phillips were honored as Mediators for Justice because each of them contributed more than 50 hours of pro bono mediation in last year. We applaud their efforts and the difference that they have made in the lives of pro se disputants.

Also, thanks to everyone on the TAPM Board who helped put together the materials for TAPM's table at the ADR Seminar. TAPM now has a banner, table runner, and branded cups for in-person events like this!

Peace cannot be kept by force. It can only be achieved

through understanding. -Albert Einstein

Upcoming TAPM Events

TAPM Skill-Building Workshop: Understanding and Navigating Emotional Responses to Conflict

November 13, 2023 (10:15am-12:15pmCT/11:15am-1:15pmET, online via Zoom)

An important insight emerged early in TAPM's Breaking Impasse workshop. A poll among participants revealed that emotional barriers are BY FAR the most common reason for the impasses we experience. Accordingly, we decided to dedicate our next Skill-Building Workshop to this topic. This event, facilitated by the TAPM team, will include a presentation, skills demonstration, group discussions, and breakout room exercises. We will tackle topics like conflict responses, emotional barriers, empathetic listening, how to build empathy among parties, engaging with anger, and strategies for de-escalation.

To register for this event, click this button:

TAPM Speaker Series Presents:

Lisa Yamagata-Lynch, Brooke Wichmann, & Duren Thompson - On Dignity



December 4, 2023 (11am-1pmCT/12pm-2pmET, online via Zoom)

At 11amCST/12pmEST: Join us for a thoughtful discussion of dignity and conflict resolution led by Lisa Yamagata-Lynch, Brooke Wichmann, and Duren Thompson from the Ombuds Office at the University of Tennessee, Knoxville. We all have an inherent value (dignity) that drives our need to matter and belong. Attending to feelings and experiences of dignity is crucial to building relationships of trust and mutual understanding. Violations of dignity are often the root cause of anger, resentment, mistrust, and destructive conflict. In this session, you will explore the importance of dignity in workplace relationships; discuss how to honor dignity & avoid violations; and strategize ways to uphold the dignity of yourself and others. This 90-minute interactive workshop includes self-reflection, breakout discussion, and action planning activities.

Objectives:

 o Understand human dignity as an inherent value and vulnerability at the core of how we find a sense of mattering and belonging in a community.

 o Examine beliefs and behaviors that honor dignity as well as those that can harm our own dignity and that of others.

 o Apply these concepts to university workplace scenarios.

 o Create an action plan for increasing dignity-consciousness to your own workplace interactions.

Speaker Bios:

Lisa Yamagata-Lynch

University Ombudsperson and Director

Lisa is the University Ombudsperson and Director for the Office of Ombuds Services. Lisa joined the University of Tennessee, Knoxville (UT) as a faculty in 2011. In 2019 she was appointed as the ombudsperson and was promoted to director in 2021. Lisa is a Certified Organizational Ombudsman Practitioner® (CO-OP) and a certified trainer in Crucial Conversations and Crucial Accountability. Additionally, she is a Tennessee Rule 31 General Civil and Family Mediator. As a faculty Lisa holds the rank of Professor in the Educational Psychology and Counseling Department, where she served as a program coordinator, associate department head, and director of graduate studies. Prior to joining the faculty at UT, Lisa was a faculty at the University of Utah from 2001 to 2004 as an Assistant Professor and Northern Illinois University from 2004 to 2011 as an Assistant and Associate Professor. Lisa received her doctoral degree in Educational Psychology as well as Instructional Systems Technology from Indiana University, Bloomington. She received her bachelor’s degree in Psychology from 聖心女子大学—The University of Sacred Heart in Tokyo, Japan.

Brooke Wichmann

Associate Ombudsperson

Brooke is the Associate Ombudsperson at the University of Tennessee, Knoxville (UT). Having worked in the alternative dispute resolution field for more than a decade, she has extensive experience assisting with wide variety of interpersonal, procedural, and organizational challenges. Prior to joining UT, Brooke served as the Associate Director of Conflict Resolution Services at Colorado State University. She is a Certified Organizational Ombuds Practitioner® (CO-OP), a Cinergy Conflict Management Coach, a Professional Co-Active Coach (CPCC), an MTI Workplace Mediator and Trainer, a trainer in Crucial Conversations, and an administrator of the Conflict Dynamics Profile. She also has in-depth practice and training in Social Justice Mediation and Non-Violent Communication. Brooke obtained an M.A. in Peace Education from the United Nations Mandated University for Peace and is working on a doctorate in Education and Human Resource Studies.

Duren Thompson

Educational Program Coordinator

As an instructional designer focused on systems-change initiatives, Duren has supported educators in K-12, adult literacy, and higher education to improve learner experiences and outcomes for over 20 years. Through state, regional, and nationally-funded projects, she has designed, lead, and supported educator professional development as a content expert in a wide variety of research-based topics focused on respectful, inclusive, engaging, and technology-enhanced learning experiences delivered via in-person, hybrid, and online modalities. An advocate for extended, job-embedded, and evidenced-based professional development, Duren is currently pursuing a doctorate in Learning, Design, and Technology and a Qualitative Research Certification at the University of Tennessee. She also holds both an MS in Education for Instructional Technology and an MS in Education –for Special Education from UTK, and a Certificate in Cognitive Coaching Foundations from the Thinking Collaborative. Her research explores experiences and support needs of professional developers for educators in adult foundational education.

Upcoming Events Around the State

Lighting on Nashville's Pedestrian Bridge to honor NCRC

October 24, 2023

On the evening of Tuesday, October 24, Nashville’s pedestrian bridge will be lit in NCRC‘s blue and turquoise in honor of the services that NCRC provides to the region. If you are in Nashville that evening, make sure to drive by. If you are able to get photos to post on social media, NCRC encourages you to use the hashtag #CommunityMediation.

NCRC's Lunch and Learn

View from the Bench: Benefits of Mediation In Rural Counties

October 25, 2023, 12:00-1:30pmCT

Judge Sharon Guffee (Juvenile Court, Williamson County), Judge David Howard (General Sessions Court w/Juvenile Court Jurisdiction, Sumner County), Magistrate Erin Begley ( Juvenile Court, Sumner County), and Judge Kathryn Olita (Circuit Court, Montgomery and Robertson Counties) will address the use of remote mediation for pro se and low-income litigants in parenting/visitation cases. They will address the need for ADR resources for their populations, and share their experiences of referring cases to NCRC for free mediation via video or phone conferencing. The session will provide specific information on how to send referrals to NCRC; what the parties can expect from the remote mediation process; and why these judges find it valuable. The session will also address the unique ethical considerations of remote mediation with pro se litigants, and when only one party has representation. The panelists will take questions from the session participants. CME/CLE for this event is pending.

Recommended Reading:

The Rashomon Effect and Conflict

You might be interested in the article from mediate.com called The Rashomon Effect and Conflict by Lorraine Segal. This article discusses Rashomon, a movie where the story is told from a variety of perspectives, and examines how this approach to storytelling cleverly demonstrates how much of our reality is shaped by our individual perception, and how this impacts conflict.

This storytelling technique has become common, with many long-running shows having a Rashomon-style episode. For example, this technique was used to hilarious effect in TV shows like Supernatural (Season 2, Ep. 15, "Tall Tales"), The X-Files (Season 5, Ep. 12, "Bad Blood"), and How I Met Your Mother (Season 8, Ep. 17, "Ashtray"). Other examples of this storytelling technique in cinema can be found in movies like Rules of Engagement, Vantage Point, Knives Out, and Tombstone Rashomon.

Link to this article:

7 Etiquette Tips for Working with Interpreters in Mediation

By Robin Wheeler

I first started working with interpreters my first year after law school. My work focused on civil rights for people with disabilities, and I first learned about the laws ensuring equal access as well as proper etiquette when working with someone whose first language was not English or who had Limited English Proficiency (LEP). I won’t cover all the laws here, but suffice it to say, there are a number reasons it’s beneficial for us all to learn to work with interpreters and to know when it’s appropriate to do so.

Below are my top 7 tips:

1. Speak with the interpreter(s) prior to the start of mediation!

• Introduce yourself to the interpreter(s) and speak briefly with the interpreter prior to the start of mediation.
• Give the interpreter(s) a little background information about the matter, including the names of the parties and a brief description of the case.
• Ask interpreters if they prefer to introduce themselves and clarify their role or if they would prefer you do so in your opening statement.
• Ask the interpreters to verify the parties understand them at the beginning of the session.
• If you have a copy of document(s) you intend to use, provide one to the interpreter either before the mediation or as soon as you can at the beginning of the mediation.

2. Speak to and look directly at the LEP party, not the interpreter.

• Speak directly with the LEP person, not the interpreter.
• Keep in the mind that the interpreter is not a party to the mediation. The interpreter’s role is more of a communication tool – and your focus should be on the mediation recipients.

3. Take frequent pauses.

• Pause after a couple of sentences or once the concept is complete. This may seem unnatural; however, as you continue to work with interpreters, you will begin to find a natural rhythm.
• Clarify points as you go.
• Pauses help to minimize interruptions.

4. EVERYTHING you say will be interpreted, including sidebars.

5. Avoid slang and acronyms when possible.

• Sometimes slang cannot be easily interpreted into another language.
• Speak clearly and in general terms.

6. Speak slower, not louder.

• I don’t know if this is true for all cultures, but I have noticed that sometimes people start to speak louder to someone who is LEP. This will not help the person understand, and may lead to frustration on both parts.

7. Allow extra time for the mediation.

• Interpretation may increase the time you normally allot for mediation.
• Generally, I increase my mediation time by 20 minutes for each hour.