Greetings!

We hope you enjoy this edition of the Texas Mediator . Our goal is to provide members with the latest "news you can use" about mediation. In this issue, you will find:

Friends, Food, Music, and Sunsets

Finding Peace through Mediation on the Shores of Lake Travis

www.lakewayresortandspa.com

TAM Discounted Room Rate - $149.00

Click  here  to book online or call Central Reservations at 844.822.2621 and reference the Group Name: Texas Association of Mediators or Group Code: 1037WP. Reservations must be completed on or before January 30th, 2020. 

You will also receive 15% off on all Spa Treatments during your stay. Please call the Spa Concierge at 512-261-7350 and let them know you are with the group to book your appointment.

Early Bird Registration Opens in October 2019. Registration rates will be the same as last year!

For updates go to the  Annual Conference section of the TAM website

One in five students drop out of Texas high schools! Nationwide, the numbers are similar. Take a moment and think about how staggering of a statistic that is for our future. Our youth are in the throes of an epidemic and I believe we, as mediators, can be part of the solution. Please take the time to click on the following link and read this article posted by The Intercultural Development Research Association (IDRA) dated December 6, 2018 in its entirety: Attrition and Dropout Rates in Texas.

Here are a few highlights:

During the Association of Conflict Resolution conference held in Dallas in 2017, I had the honor of meeting Teresa Cusma, M.Ed and Tammy Martin Kosier, J.D. Their presentation entitled, “Getting Kids To School” was a real eye-opener for me. Their Attendance/Truancy Mediation ( “ATM”) Program pilot project for the Canton School District has made great strides and fueled my desire to help Texas school districts.

Intent of Implementing an ATM Program

As a difference-maker, I believe we must first identify the goals and intent of a proposed ATM Program to obtain “buy-in” in your area by contacting the county school administrator/superintendent's office, local judicial officials and whomever else you deem as a stakeholder. Set up a meeting with the intention to integrate an ATM Program in your school district’s attendance process that would automatically generate referrals to the mediation process when a student has 6 or 7 days of unexcused absences from school.

 

Purpose and Objective of the ATM Program

The purpose of truancy mediation is to resolve the attendance problem, or to at least seek reasonable solutions to the problem, in a positive, supportive, and perhaps healing atmosphere. The objective of the Program is to assist the school district with implementing Truancy Prevention Measures under Sec. 25.0915 by using mediation to minimize referrals to truancy court as a way to address student conduct with a behavior improvement plan and/or school based community service.

 

The attendance/truancy mediator is neutral. She or he is not the voice of the court or the school and does not issue warnings, provide disciplinary action or dictate agreements.

 

Since mediation relies on open and honest communication, the mediator will work to create a dialogue between the student, school and parents to gather information pertaining to the issue(s) that will allow all parties to be heard. Because it is an accumulation of information in a voluntary, non-disciplinary setting, there is no predictable outcome to the mediation. However, mediators will seek to assist the parties in creating a path to move forward without court intervention.

 

There is absolutely no right or wrong way for participants to come to agreement as long as the basic principles of mediation are adhered to. These principles include cooperation, confidentiality, privacy, neutrality, fairness, self-determination, impartiality, and voluntary participation.

 

Goal for the ATM Program

 

Determining the goal of an ATM Program may vary from district to district or county to county. You will have a better understanding of the goal for your program after meeting with the stakeholders in your school district. For example, you may want to receive a few “pilot” student referrals in order to determine how to best implement the program in the next school year.

 

If you are interested in more information and training as an ATM mediator please contact me at 325-261-0515 or [email protected]. Perhaps we can discuss our progress at the TAM conference February 21-22, 2020! Hope to see you there!

Danette is a Distinguished Credentialed Mediator with the Texas Mediator Credentialing Association and Certified Mediator/Assessor with the Maryland Council for Dispute Resolution. She has been mediating cases for nearly 20 years with an extensive background as a mediator, facilitator, consultant and trainer. Her areas of practice include separation and divorce; high-conflict family and domestic issues; public policy, workplace and EEO; civil and mental health care conflict management. Most recently she completed the 40-hour basic crisis/hostage negotiations training with the Texas Association of Hostage Negotiators. Danette holds a master's degree in conflict resolution from Concordia College and University, and has received extensive training in various styles and practices of mediation.

A Center Designed to Promote Collaboration in Government

By Vicki Read

The Center for Public Policy Dispute Resolution is an important and unique statewide ADR resource you may know little or nothing about. Hopefully, that is about to change. The Center’s mission is to promote the appropriate use of ADR and to provide ADR education, training, and services to state, regional, and local governmental entities, non-profit organizations, and the citizens of Texas.

In support of this mission, the Center offers a variety of services such as facilitating stakeholder and negotiated rulemaking processes, mediation, skill-building trainings, system design, and conflict assessment and coaching. To date, the Center has provided support to over 500 public policy projects including, but not limited to, environmental, transportation, mental health, licensing, insurance, housing and taxation issues. We have also trained over 3,500 people in a variety of ADR processes, such as mediation, advanced mediation, negotiation, facilitation, conflict dynamics and public policy dispute resolution.

If you have heard of the Center before now, it is probably in relation to the Fellows Program. The Fellows Program brings together invited Texas officials from the Legislature, executives from state agencies and members of local governments and non-profits who represent a wide range of public policy service and experience. Fourteen Fellows classes have convened and over 340 leaders trained in the importance and effectiveness of ADR in building sustainable solutions. The Center has consulted with other states to institute their own version of the Fellows Program based on our format.

The Center has also played a significant role in providing a framework for greater use of ADR by governmental entities in Texas. In 1996, the Center coordinated the preparation of legislation designed to eliminate legal barriers and to increase the gains from government and public policy ADR use in Texas. As a result, two important bills unanimously passed into law in 1997: the Governmental Dispute Resolution Act (GDR Act) and the Negotiated Rulemaking Act (NR Act). In 1999, the GDR Act was amended to broaden its scope from state agencies to “governmental bodies,” thereby adding local and municipal governments and school boards, among others, to the Act’s applicability. The GDR Act shows Texas as a strong proponent of ADR use in government and the Center is named as a resource that governmental bodies may contract for services. In addition, the Center worked closely with the Sunset Advisory Commission to incorporate an across-the-board recommendation that directs agencies subject to Sunset to adopt policies and procedures for the use of ADR, to designate an ADR point person within the agency, and to provide measurement and evaluation of ADR usage.

 

Since the Center is a statewide resource, we seek to collaborate and contract with ADR professionals across the state to provide services. Most of these services would be facilitating a stakeholder process for a local or regional agency. If you have any interest and experience in this type of work, please contact Vicki Read, Program Administrator at [email protected]. If you are interested but lack the experience or training in stakeholder processes, the Center is offering a course on Facilitating Group Dynamics and Decision-Making in Austin on November 18-19, 2019. TAM members will receive 25% off the registration fee by using the discount code “TAM” at checkout.

Brand messaging is a phrase often thrown around the corporate environment, especially by marketers and content developers. Very few people have an accurate understanding of those two words used separately, much less when they are used together. “Brand messaging” is born out of two documents every organization should have and live by, and yet few actually do … have them or live by them.

 

Brand messaging is defined as creative messaging (derived from the messaging platform) that presents and maintains a consistent corporate image (derived from the brand guide) across all media channels. These two documents are paramount for creating and communicating a corporate brand.

 

Too often mediators communicate what they do without giving their potential clients the insight into why they do it. When you evaluate your own purchasing decisions, you will likely find that more often than not your motivation to purchase something is founded in the “why” and not the “what.” In other words, your interests are aligned with the interest of the company or service provider whose product/services you are purchasing. The same holds true for our mediation clients. They are more likely to choose your services over the services of someone else when your interests align with theirs.

Let’s take a look at the two documents that help you gain insight into your own interest as a mediator.

 

What Is a Brand Manual?

A brand manual explains the purpose, spirit and personality of your ADR practice. The intent of a brand manual is to bring a thorough understanding and foundation for the presentation of your brand to its stakeholders.

 

An important component of a brand manual is to explain to internal audiences the correct usage of brand identity elements in customer with relation to communications. The brand manual provides guidelines on how marketing assets should be constructed, how your ADR practice should communicate to its stakeholders, and where and how the logo should be used. Brand guidelines are essential for creating powerful communications that accomplish the following:

 

• Accurate expression of core values in all communications

• A distinctive and memorable impression

• A consistent voice

 

A brand manual should include the following:

 

•     The brand strategy

•     Vision and mission statements

•     The brand personality

•     The brand tone of voice

•     The brand essence

•     Explanation of the brand identity

•     Logo usage guidelines

•     Tagline usage guidelines

•     Color palette

•     Typography

•     Key images

 

Brand identity is one of your ADR practice’s most valuable business assets. By using this asset consistently and properly, you are able to enhance your value and optimize client experiences at all communication touchpoints.

 

What Is a Messaging Platform?

Messaging is an important expression of the brand strategy and a crucial component to providing a consistent and transparent client experience. An effective messaging platform creates a clear, compelling and consistent message at each phase of the client experience.

 

Well-executed messaging is aligned with business objectives and delivers the highest possible return on every audience connection. A messaging platform ensures that every communication touchpoint is on message with the brand and the business objectives. Messaging platforms are client-centric in that they communicate the mission, vision and value of the business in messages specific to the organization’s multiple target audiences. Messaging is most effective when its delivery is tailored to specific market segments.

 

A Messaging Platform should include the following:

•     Key points of difference

•     Positioning statement

  Personality descriptors

•     Top three mandatory messages

•     75-word, 250-word and 500-word messaging

•     Elevator pitch

•     Corporate boilerplate

•     Frequently asked questions and answers

•     Email signature positioning line

•     Social media messaging

 

The Brand Manual and Messaging Platform, though two distinctly different products with distinctly different purposes, work together to serve as a compass to guide all communication efforts. These two essential tools empower you to create consistent, compelling messaging that elevates corporate communications through all stages of the client experience.

 

  Robyn Short spent the first 15 years of her career in corporate marketing. She now works as a peace-building trainer and mediator with expertise in restorative practices and transformative mediation models. She enjoys sharing her passion for marketing with individuals and companies whose work elevates the human experience. Learn more about her work at  www.RobynShort.com . 

Introduction

With over 400,000 members, the American Bar Association (ABA) is the largest and best-known organization of attorneys in the United States. The ABA’s mission, declared on its website (www.americanbar.org), is “to serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession.” To carry out its mission, the ABA conducts numerous programs, including advocating for the legal profession in Congress, accrediting law schools and paralegal programs, and promoting diversity and inclusion within the legal profession. 

 

One of the ABA’s lesser-known programs is its Rule of Law Initiative, commonly known as ABA ROLI, the purpose of which is “to promote justice, economic opportunity and human dignity through the rule of law.” ABA ROLI sponsors legal-reform programs in more than fifty countries throughout the world. One of those programs is in Mexico and promotes the use of mediation. This article provides information about the structure and leadership of ABA ROLI Mexico, describes its programs (primarily the mediation program), and discusses some of its future plans. 

 

Structure and Leadership

 

ABA ROLI Mexico is a Mexican non-governmental organization that contracts with ABA ROLI to implement the U.S. organization’s projects in Mexico. The mediation program receives its financing from the Bureau of International Narcotics and Law Enforcement Affairs, an agency that reports to the Under Secretary for Civilian Security, Democracy, and Human Rights within the U.S. Department of State. The offices of ABA ROLI Mexico are located in Mexico City. 

 

Together, seven employees operate ABA ROLI Mexico’s three programs. Juan Manuel Olvera is the acting country director and the director of the litigation program. José Luis Castellón directs the mediation program, Marcela López García directs the Litigation Program, and Patricia Marulanda directs the labor law program. Allan Vera manages the organization’s finances. Silvia Sánchez Giménez, Constanza Veiga and Cindi Pérez are administrative assistants.   

 

Mediation Program

 

David Fernández, a former director of ABA ROLI Mexico’s litigation program (discussed below), developed the idea of a mediation program for the organization. He had received some mediation training in California, and he believed mediation might serve as a complementary program for the litigation program. One year, using leftover funds from the litigation program, he authorized some initial mediation training sessions that eventually led to a competition among the graduates of the training sessions. Approximately four years ago, ABA ROLI Mexico secured independent funding for the mediation program.   

 

Today, José Luis Castellón, as the mediation program’s director, supervises two main activities; the first is mediation training. ABA ROLI Mexico offers the training to law students, practicing attorneys and law professors. As of the date of this article, the organization has conducted training sessions in Mexico City and eleven states: Jalisco, Guanajuato, Oaxaca, Chihuahua, Coahuila, Morelos, Yucatán, Nuevo León, Baja California Sur, Querétaro and Chiapas.

 

The mediation program’s second activity is a national mediation competition, which has taken place for each of the last three years; the competition’s popularity has grown each year. In 2018, 150 teams of university students registered for the competition. After registering, each team received the same case to mediate, recorded a thirty-minute video of the mediation, and submitted the video for review. ABA/ROLI selected thirty-two teams from the pool of 150 and divided those teams into two regional groups of sixteen teams each. 

 

The next step included two regional competitions among the sixteen teams selected for each region. Over a period of two days involving five different cases, judges determined eight finalist teams for both regions. The sixteen surviving teams of the regional competitions then competed in a national competition in Mexico City. Over a period of three days involving six different cases, judges determined the four top teams. The first-ranked team received an expense-paid trip to the United States and visited mediation centers and mediators in Chicago and Washington, D.C.

 

Although the 2019 mediation competition has not concluded, 246 teams have registered for it. The dramatic increase in teams is an important indicator of this program’s popularity and success.

 

Other Programs

 

ABA ROLI Mexico’s most active program is the litigation program. Since 2008, Mexico has been implementing dramatic reforms of its criminal-justice system. Those reforms have involved transforming criminal trials from a traditional inquisitorial system (relying on written pleadings and evidence) to a new accusatorial system (relying on oral testimony and arguments) modeled on criminal trials in the United States. For approximately six years, the litigation program has focused on training lawyers and law students to participate in the new system. The program offers courses to improve students’ oral-advocacy skills, and it conducts a national mock-trial competition like the national mediation competition, but larger. In 2018, the mock-trial competition attracted 250 registrants. Sixty-four teams were selected and divided into four regions before proceeding to regional competitions and a national competition that determined the outstanding teams. 

 

The labor-law program focuses primarily on assisting workers in the textile industry. Through two labor-law clinics located in Mexico City, one at the Autonomous University of Mexico and the other at the Autonomous Technological Institute or Mexico, the program offers free services that provide basic advice in labor law and administrative and court representation. The program also attempts to empower workers by designing strategies for effective communication and participation to connect workers in the textile industry.   

 

The Future

 

One key part of Mexico’s reform of its criminal-justice system has been to implement the principles of restorative justice into a wide range of adult and juvenile cases. To support this dramatic change ABA ROLI Mexico plans to offer a first restorative-justice training program in Morelia in August 2019. The organization will also continue to offer its three existing programs.

 

ABA ROLI Mexico is a leader in mediation’s development in Mexico and should be congratulated on its far-reaching efforts. 

Walter A. Wright is an Associate Professor in the Legal Studies Program of the Department of Political Science at Texas State University in San Marcos. He is a former President of TAM, and he has helped conduct mediation trainings for ABA/ROLI Mexico in Mexico City, Guadalajara (in the State of Jalisco) and La Paz (in the State of Baja California Sur). 

We twirled slowly around the makeshift dance floor – one, two, three, one, two, three -- the strains of the small band guiding us through long unused steps. John and I circled the room under the twinkling strings of holiday lights, past the brightly decorated trees and poinsettias. As we danced, his steps became more confident and his smile broadened. These steps he knew. He spoke to me haltingly, in short phrases direct from his heart. “I’m so proud to dance with my beautiful daughter. You look just like your mother. I’m proud of you. I love you.”

Tears in my eyes, I didn’t know what to say, so I smiled back at him and we continued to twirl slowly. When the music stopped, we returned to our holiday party table in the nursing home dining room. His wife of 60 years waited patiently for him there in her wheelchair. John sat, then mumbled that he was tired. After he gave his wife a good night kiss, I found an aide to return him to the memory care unit where he lived.

I was not John’s much-loved daughter. She had declined to attend the holiday party because she “didn’t want to see her parents like that.” Their son hadn’t even responded to the invitation. I was the court-appointed guardian charged with making sure John and his wife were safe, protected and cared for. I was not his daughter, but we were similar in height and coloring. I had introduced myself to John many times, but my identity never stayed with him.

What did John tell me that night despite his dementia? That he loved his daughter still, even though she rarely visited. That he was proud of her, notwithstanding the neglect and exploitation that had found him in need of a guardian to protect him from his illness and his children. That he loved his wife beyond measure. That he felt all this intensely, even with his memory lapses and frequent confusion.

In elder mediation, it is not uncommon for one or more of the parties to have cognitive impairments. They may have difficulty making decisions about critical issues in their lives; indeed, courts may have ruled that they lack capacity to do so. The more vocal parties to a family dispute may even suggest that these softer, more hesitant voices, such as John’s, be excluded from the process altogether. But, if we listen closely, if we help spouses and children to quiet their hearts and truly listen, there is much to learn about who these elders are, what they value and what they offer.

As elder mediators, our role is to help families listen. We do that in a variety of ways sensitive to the capabilities of the older adults. We may include a cognitively challenged adult in a family session until she becomes tired or restless and then continue the family discussion, with her permission, after she leaves the room. We may visit with the older adult in his current residence as part of the convening process, especially if the family insists the elder truly cannot participate in a group session. We encourage family members to share stories and memories of the elder that help them teach us, and remind each other, of the elder’s beliefs and values. We frame discussions about the needs of the older adult with exploration of the essence of the elder herself.

It has been 20 years since the dance with John, but that night continues to impact my work as an elder mediator. My eyes grow misty as I remember how John looked at his wife and at how he looked at the woman he thought was his child. I still feel a sharp pang of loss for the true daughter who missed that magical moment with her dad. That moment was meant for her, the daughter who thought an evening with her parents would only bring her pain. She believed they no longer had anything of value to say to her. 

The silent voices are not the least important. Quite the opposite. Our challenge is to hear them.

DeLila Bergan currently works as an elder mediator and as a bioethicst in the Dallas-Forth Worth long-term care community; she is a retired elder law attorney. Ms. Bergan may be reached at [email protected].

Members on the Move

On August 2nd, 2019 Mediators & Arbitrators of America ("MAA) in conjunction with Mrs. Allen's Rescue Ranch supported and participated in the Combat Veterans Motorcycle Association's annual golf tournament. Proceeds of this charity event went to support disabled veterans.  

MMA is proud to announce they will be partnering with Homewood Suites. The new training venue will be at Homewood Suites located at 2201 Mays St, in Round Rock, Texas. In addition to being conveniently located (off the I-35), this state-of-the-art hotel will offer MAA"s out of town students discounted rates. 

MMA launched their new Global Sensitivity Training Division. This Division is dedicated to providing individuals and organizations in need of Cultural Awareness & Sensitivity Training. Most organizations are experiencing change. Corporate cultures are being redefined, offensive office behavior is leading (or has led) to the job terminations of individuals in high company positions, generational expectations and values conflict with other generational beliefs and communication strategies to address these issues often fail. This class provides a basic overview and foundational knowledge of leadership which addresses workplace change and the various conflicts supervisors and managers are likely to experience. 

In addition, Dr. Char Wittenberg, Lead Trainer and Advanced Mediator, in the last year, became a fully Licensed Professional Counselor. 

Mediation Events and Happenings

Upcoming CLE on Cultural Differences in Mediation

Title: "Mediating in the Kaleidoscope" 

 

Speaker: Prof. Angela Downes, Esq., Assistant Director of Experiential Education and Professor of Practice Law, UNT Dallas College of Law

 

Summary: Racial, ethnic, gender, national, religious, and even political or workplace cultures (traditions) and attitudes all have an impact on how communications and actions are perceived, and mediators need to be sensitive to these differences during mediation and nimble in responding to them. In this presentation, the speaker will discuss the various ways in which culture affects the process of mediation and provide tips to mediators on how best to recognize and handle cultural differences. The speaker will also address ethical issues such as the mediator's duty of impartiality. 

Create a great offer by adding words like "free" "personalized" "complimentary" or "customized." A sense of urgency often helps readers take an action, so think about inserting phrases like "for a limited time only" or "only 7 remaining!"