MACROMACROMACROMACROMACROSCOPEIssue 11 June 2009

Newsletter of theMaryland Mediation and

Conflict Resolution Office (MACRO)

by Alecia Parker,Budget and Grants Director

Uncommon Common Ground.... 6Youth/Police ................................ 8How to be a Good Mediator .. 12

MPMEonline .............................. 16ADR Awards ............................. 18Upcoming Events ..................... 19

MACRO once again celebrated Conflict Resolution Day, the thirdThursday in October, by holding a student art contest. This year’s contestcalled for elementary-to middle-school students to create bookmarksdepicting images of problem solving, collaboration, peace building, peermediation, and other alternatives to fighting. More than 250 entries werereceived from kindergarten to 8th grade students from across Maryland.

Many fantastic entries were received, making it difficult to choose thewinning entries. In the end, four entries in the kindergarten to 5th gradecategory and four entries from the 6th to 8th grade category were selectedto receive winning prizes, which were presented to them personally byChief Judge Robert M. Bell at a Conflict Resolution Day reception in theRobert C. Murphy Courts of Appeal Building in Annapolis. The winningbookmarks, along with all the entries, were displayed in the building’slobby for a month following the reception.

Pictured here and on the back page are the four first place winners.Each of these bookmarks has been printed and is available for distribution.To get your own set of these bookmarks, free of charge, contact MACRO,by phone at 410-260-3540 or by e-mail at macro@mdcourts.gov.

See others onback page

BOOKMARKINGBOOKMARKINGBOOKMARKINGBOOKMARKINGBOOKMARKINGConflict Resolution Day

Amia Kitzmiller,Baltimore

Jordan Cerna, Rockville

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Rachel’s Notes

MAMAMAMAMACRCRCRCRCROOOOOSCOPE is published twice a year by the Maryland Mediation andConflict Resolution Office. We welcome your comments. Design/layout providedby Mary Brighthaupt and editing assistance provided by Molly Kalifut, both ofthe Maryland Judiciary Office of Communications and Public Affairs, Annapolis.

MAMAMAMAMACRCRCRCRCROOOOOSCOPERamona Buck, EditorMaryland Mediation and Conflict Resolution Office903 Commerce Road Annapolis, MD 21401410-260-3540; fax: 410-260-3541; email: ramona.buck@mdcourts.govVisit our website: www.marylandmacro.org

F. Scott Fitzgerald said, “The test of a first-rate intelligence is the ability to hold twoopposed ideas in the mind at the same time andstill retain the ability to function.” At present, Ifind myself downbeat and upbeat at once (whichcould, of course, be a sign of schizophreniarather than intelligence).

My ideas about Roger Wolf ’s impending welldeserved retirement are full of light andshadows. Harry Fox has written a fine articleabout Roger in this newsletter that will help youunderstand that he’s not your average Joe(although I bet he knows how to do someplumbing). Far from it, he’s a remarkable humanbeing in the best sense of that word. Roger’sbeen a pillar in the conflict resolutioncommunity and has made important substantivecontributions to advancing almost every aspectof the field. He is one of the rare birds who dayby day, humbly and quietly, live theircommitment to help repair the world.

Looking back, in 1997, Roger was one of afew people who encouraged me to move forwardwith the ADR Commission idea. Since that time,I have worked with him and relied on hisjudgment and skill so often that it neveroccurred to me he’d retire. He and Judy aretalking about getting off the sheep farm, but I’mreally hoping they don’t leave the state. Thatwould be a sad loss for Maryland and for theconflict resolution community. Although I’mfeeling sorrowful and can’t imagine going to the

Rules Committee without Roger, I really want tohonor him. Congratulations Roger! You are atrue mench* in so many ways. Have aspectacular retirement (and stay in touch)!

On a different note, as everyone knows, this adifficult time, financially, for many people andprograms in our field (and in just about everyfield). The rash of suicides and murders harshlyillustrate the desperation that’s overwhelmedsome people, and many believe that it may getworse before it gets better. Many of us are usingour skills and knowledge to help those in needand distress, and will continue looking for newways to do so.

In the midst of this bleak landscape, positivedevelopments abound in Maryland. We areexcited that the Honorable Peter Krauser, ChiefJudge of the Maryland Court of Special Appeals,is creating Maryland’s first appellate mediationprogram. We’re looking forward to seeing thepilot program launched and to supporting itsgrowth. As they have in other states, we believethat the Maryland’s appellate mediation programwill provide a useful and creative alternative formany cases on appeal.

To our amazement, the Maryland Program forMediator Excellence (MPME) now has over 500

Shadows and Light

* mench is a Yiddish word meaning a manwho is good, reliable, responsible, thoughtful,kind, honorable and admirable.

June 20093

Issue 11

members and is continuing to grow. We reallyshouldn’t be amazed because Cheryl Jamison,who coordinates the MPME, is such anoutstanding and dynamic leader that theprogram could not help but succeed. She has anarticle in this newsletter about the fabulous newMPME website. If you are a mediator, please goto www.mpmeonline.org and fill-in your profilefor the online searchable mediator directory. Weplan to publicize this directory and expect it tobecome a popular resource to help the publicfind and contact mediators.

In contrast to the serious economic andsocial concerns we face, it is enlivening to keepour thinking fresh about the ever evolvingconflict resolution field. We have had greatopportunities to do so through two relativelynew programs. First is the “Evening With”series, which MACRO co-sponsors with theUniversity of Baltimore’s Negotiation andConflict Management Program. This programbrings national conflict resolution thoughtleaders to Maryland. We’ve had Evenings withBaruch Bush, co-founder of the transformativeapproach to mediation; Larry Susskind, founderof the Consensus Building Institute; PaulineTessler, co-founder of the collaborative lawmovement and Bernie Mayer, presenting his newbook, Staying with Conflict. Each one hasgiven a fascinating and thought provokingpresentation, followed by an active discussionwith the audience.

Second is our lunchtime teleconference serieswith local conflict resolution stars. So far, wehave had teleconferences with Louise PhippsSenft, ADR practioner/trainer in thetransformative approach and founder ofBaltimore Mediation; John Bickerman, ADRpractitioner and former Chair of the ABADispute Resolution Section; Marvin Johnson,

ADR practitioner/trainer and founder of theCenter for ADR; and Professor Homer La Rue,ADR practitioner/educator and incoming chairof the ABA Dispute Resolution Section. Duringeach teleconference, we have learned a lot fromparticipating in a stimulating interactiveconversation. Upcoming presentations in bothseries are detailed on page 19 of thisnewsletter.

We are also excited to be partnering withthe Center for ADR and Community MediationMaryland on our first national communitymediation conference called, “The Joy ofMediation: Cooking It up and Serving YourCommunity.” The conference will be held onSaturday June 20, following the Center forADR’s 22nd annual conference June 17 to 19,and it will showcase what’s cooking inMaryland and beyond.

Finally, ADRESS, the ADR Evaluation andSupport System, is on the move. We arechallenged and delighted by recent ADRESSdevelopments. You may remember it asCAPSAP or PQIS, but a rose by any othername . . . When completed, ADRESS (which isthe absolute final name for this program) willbe an unparalleled quality improvement systemfor people running court and other ADRprograms. MACRO will soon be conducting amulti-year pilot of ADRESS in the CircuitCourts for Baltimore City, Baltimore Countyand Worcester County, and in the DistrictCourt. We are moving out of the multi-yearplanning process and into reality. It is excitingand we expect many ups and downs to follow.

Kudos to all of the wonderful Marylandpractitioners and institutions whose awards andachievements are noted within. If we missedanyone, we apologize, and ask that you pleasecontact us so that we can acknowledge you inthe future.

Rachel Wohl, Executive Director

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RogerBy Harry Fox

Let us say that you are head of the dinnercommittee of a well-known national ADRorganization. Let us further say you have nevermet my friend, Roger Charles Wolf, but that thetask of introducing him as principle speaker atthe final dinner of the annual convention hasfallen to you, as committee chair. What wouldyou do?

It seems fair to assume that you wouldresearch his curriculum vitae for some salientinformation about his experience andqualifications. Obtaining this document shouldpose no problem at all, incidentally, in this ageof virtual reality, warrantless wiretaps and allmanner of data flying through the ether.

You sit down to review the resume and whatdo you find? There is page after page of themost impressive variety of achievementsimaginable. Here follows a sampler of Roger’sgreatest hits. He graduated cum laude fromHarvard College in 1962 (I think I’ve heard ofthat place). From 1962 to 1964, he served in theUnited States Peace Corps in Tunisia where hesupervised construction projects. He was theinterface between local officials and the Italianarchitects to insure that the work was properlycompleted. He took his Juris Doctorate fromGeorge Washington University in 1967. Hesupervised law students in the District ofColumbia in court appearances from 1971 until1978. Then, there appears the following entry inRoger’s magnum opus: “1978 to the present;Farmer, Washington County, Maryland.” Eventoday, Roger’s countenance lights up withagrarian pride when he speaks of his yearsplanning, directing and coordinating “farmingoperations, including the cultivation, harvestingand marketing of wine grapes and pine trees,and the breeding, raising and marketing of beefcattle and sheep.”

Herewith, a few more highlights: From 1986to 1992, he was a member of the board ofdirectors of the Banner School. From 1985 to1987, reporter of the Special Committee on

Roger Wolf, currently a professor of law at the University of Maryland Law School andthe head of the law school’s Center for Dispute Resolution, is retiring in May. Harry Fox,attorney, mediator, trainer and friend, has written this article in Roger’s honor.

Alternative Methods of Settling Disputes of theMaryland State Bar Association. From 1988 to1996, Roger served on the Baltimore City CircuitCourt Child Custody Mediation Advisory Board.This, after having received his first forty hoursof mediation training.

In the ensuing years, he received many morehours of mediation training and became afixture of sorts in the growing world of ADR,receiving many more appointments, including aspecial appointment as an administrative lawjudge with the Maryland Office ofAdministrative Hearings.

By this point in his career, it was clear thatno one state—or even nation—could containRoger’s energy and skill. And so in the summersof 1994, 1995 and 2002, he traveled to KingsCollege in Aberdeen, Scotland, where he taughtcomparative dispute resolution at Kings CollegeLaw School. Later, Roger served as a consultantthrough the Inter-American Development Bankto the Conflict Resolution Center of Trinidad/Tobago. You are beginning to get the idea thatthis is an extraordinary individual.

He was the first Chair of the Section onDispute Resolution at the Maryland State BarAssociation. He has conducted trainings formany years under the auspices of MICPEL, atthe request of numerous Bar Associations andother organizations. The agencies for which hehas conducted mediations and/or trainings haveincluded the Maryland Commission on Human

continued on p. 17

Life with

courtesy of CDRUM

June 20095

Issue 11

photos courtesy ofMaureen Denihan

staffRachel Wohl, Executive DirectorLou Gieszl, Deputy Executive DirectorEileen Bannach, Administrative AssistantRamona Buck, Public Policy DirectorCheryl Jamison, Quality Assistance Director

Julie Linkins, Court ADR Resources DirectorAlecia Parker, Budget and Grants DirectorFelicia Watkins, ADR Resources CoordinatorNick White, Evaluations Director

On Friday, December 5, 400 mediatorsconverged on the Maryland Maritime InstituteConference Center in Linthicum for theMaryland Mediators Convention.

The day began with a dramatic renditionof a scene from “King Lear” by the MarylandShakespeare Festival. The audience was askedto consider the scene from the point of view ofa mediator.

The convention included 32 workshop sessionswith two repeated at the end of the day, basedon voting by the participants. As always, therewere debates, including “Tell Me What YouThink, Please—When Are Suggestions from theMediator Appropriate?” and “We Just Can’t bein the Same Room Together—When DoesMediation End and Shuttle Diplomacy Begin?”

Two comments from the evaluation formswere, “This was a very creative conference; itkept my attention,” and “I liked the opportunityto interact with interesting people.”

The next Maryland Mediators Conventionwill be held in December 2011.

Homer La Rue and Richard Melnick

Small Group Discussion

MarylandMediatorsConvention

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When asked to recall a memorablemediation, I thought of the case I am about todescribe. I asked myself why this case—one thatI only observed, that happened almost a decadeago—readily resurfaced. I believe it is because itseems a near perfect example of how wellmediation can work.

Here’s what happened: For a time, I ran theCity of Rockville Mediation Program and I wasalso responsible for taking complaints of allegeddiscrimination. One afternoon, an AfricanAmerican gentleman telephoned, irate,reporting that he was the victim ofdiscrimination based on race. His story:The cashier in a store where he wasbuying a lottery ticket passed him overseveral times to wait on other Caucasiancustomers, when, he said, he was clearlyfirst in line.

I asked the gentleman if he would bewilling to mediate. Both he and thethree store owners in this family-runbusiness all agreed they’d try to findresolution before any investigation ofdiscrimination ensued. At the City of Rockville,we had a co-mediation model. The day of themediation, however, only one mediator wasavailable, and I felt I shouldn’t act as mediatorsince I might later have totreat the case as allegeddiscrimination. I didn’twant to blur two roles thatI believed should beseparate so I decided to bepresent to observe the case,but not be one of themediators.

We always tried to findmediators who closelymirrored the race andgender of the participants.The mediator in this case

A True Mediation Story –

was an African-American male. The storeowners were Asian. One was male, two werefemale. Although Rockville included Asianmediators on its roster, none were available forthat day. In fact, no one else on the roster wasable to mediate that day. I had reservationsabout participants’ perceptions, if any, of animbalance in race and gender. However, as allparticipants were pressing to get the mediationdone as quickly as possible, I felt we should

move forward. I hoped the mediationprocess would work.

The mediation appeared to stall afterthe first five minutes. The complainantstated tersely that he’d been mistreatedbecause of his race. The respondentsquickly and vehemently denied anywrongdoing. The mediator asked aboutthe store set-up. We all learned thatthere were two separate lines, one tobuy store goods, one to buy lotterytickets. It didn’t matter to thecomplainant. The cashier, he said, couldhave waited on him when she wanted.

He was convinced that she had ignored him.

After several rounds of the complainantstating his case and the respondents denyingany wrongdoing, a heavy and considerably

lengthy silence fell on theroom. It seemed as though aninvestigation would berequired.

Then one of the storeowners began to speak. Hetold the complainant that heand his family had come toAmerica from a war-torncountry, where they had felthunted, where they had fewor no rights, and where theywere in constant fear for theirlives. He recounted watching

Finding Uncommon Co

June 20097

Issue 11

by Maile Beers-Arthur

some of his family being lined up and shot infront of his eyes. He told of how he and hisremaining family had escaped. He said thathe had come to the United States hoping thatthe promise of fair and equal treatment wasreal. He stressed that he had taken carefulmeasures to make this a philosophy by whichhe lived.

This was the turning point. Thecomplainant, who looked to be in hisseventies, said he had also lived this way,feeling hunted. He had, as a young boy, seenhis friend hung by his neck from a tree as hewatched, helpless, from behind a stand oftrees, so that the white men murdering hisfriend would not come for him next. Theman said that he had lived his life hopingthat all of the changes in laws and progresswould mean that he would be treated equallyand fairly, just as the store owners dreamedfor themselves. And now, as an old man, hewasn’t going to remain quiet. He was goingto speak out against wrongs.

As the older gentleman finished speaking,I saw tears wetting his cheeks. The threestore owners also began crying. They lookedat the man and told him they were sorry.Sorry for not waiting on him sooner, sorrythat he had lost his friend, sorry for thehorrors he had had to endure in his life. Helooked at them and said he too was sorry forall they had had to endure. Uncommoncommon ground.

After these participants, people born aworld apart, shared their personal pain, theensuing agreement was a bit uneventful. Andall participants felt a verbal agreement wouldsuffice.

The store owners invited the man to comeback to their store with a promise that hewould receive royal treatment. The man

declined, saying he just wanted to be treatedlike everyone else. The store owners then askedthe man if he would let them know if he wasfeeling badly treated. They pressed theirbusiness cards on him, asking him to call if hewas upset about anything happening at theirstore. The man, in turn, agreed to come back tothe store and refrain from pursuing any chargesof discrimination against the owners.

I felt privileged to observe this case. Notonly was I able to witness the healing power ofmediation, it affirmed to me that oftenmediation allows people the needed space tobreathe, tell their stories and listen. In thiscase, the mediator, rightly, did not say much.He was more of a guide on the side, not a sageon the stage The mediation brought peopletogether who had once lived a world away. Andit helped them uncover common groundbetween them, something I think theparticipants would not ever have guessed if notfor the mediation session.

Maile Beers-Arthur has a mediation practice,working mainly in Frederick and MontgomeryCounties for divorce, child in need of assistance andpeace order mediations, and facilitating IEPmeetings in schools. She also does training inconflict resolution and mediation and can bereached at maile@apmediation.com.

n Common Ground

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By Rebecca Yenawine

Relat ionships

Police officers see their work in keepingcitizens safe as an important service they offer tosociety. City youth, on the other hand, often donot perceive police as their protectors, but rather,as the oppressors. “Kids on the Hill” is a projectin Baltimore City which has worked with youngpeople for the last five years on such issues asyouth/police relationships. The program offers avariety of opportunities including art-making,media production, research, discussion-basedlearning, experiential education opportunities,workforce development and civic engagement.

For many young people, challenging the policeis an important piece of their culture, often seenas a sign of manhood or street smarts. This isevidenced by the Baltimore-based homemadevideo, “Stop Snitching!” whose message spreadrapidly throughBaltimore’s streets.Though there aretimes when policecan be the enemyof lower-incomeyoung people, thekey to disentanglingthis dynamic isabout inspiring amore powerfulworldview andoffering informationabout laws andrights that canhelp them.

We have metwith officers whopatrol the district that young people live in,interviewed officers on their experiences, beenchallenged by officers to think about the negativeways young people react to police, and have

learned about laws and rights that young peopleshould know when dealing with the police.Through these experiences, young people havehad the chance to understand multipleperspectives and to change their own beliefs andattitudes.

Our young people have come to understandthe bigger system that is at play for police andfor youth. They now understand that police areexpected to enforce policy that they have nopart in shaping and the young people also knowthat young people may chronically feeldisempowered. As a result of this understanding,they have become powerful peer educators andhave created a very useful training video andworkshop for teens in schools.

In a workshoptaught recentlyat City CollegeHigh School,participants werefirst asked todefine “power.”All but oneperson identifiedpower as anauthority outsideof himself orherself and notas a quality thatthey as youngpeople possess.Teen facilitatorsasked the groupif they tend to

ignore, accept, resist, or rebel against power. Asone might predict, many young people feltresistance and rebellion in relation to power.Many of the young people in the workshops toldstories of getting into arguments with the police.Some described arguments while they weretrying to get on the bus or walking down thestreet, and one young woman described getting

Deconstructing Oppression Mentality

-Youth - Police

“The police are pawns in a big game of chess”Megan Sherman

Kids on the Hill participant

Video taping “What’s Up Officer!?” that offers guidance to teenson how to handle themselves in difficult situations with police

June 20099

Issue 11

arrested and held in jail for mouthing offto a policeman.

In an attempt to create some criticalthinking and provide new information, teenswere asked to re-enact their stories—but withdifferent endings. This activity allowed them tobreak down what behavior created the negativereactions they received. Youth facilitators thenemphasized some facts about laws and rightsthat most affect young people, including truancy,curfew, Miranda rights and probable cause.Having this information made the young peoplesee how they could have more power in eachsituation. This power is not the kind where youget to have the last word, but the longer lastingkind that leaves you with choices.

The learning that has taken place for ouryoung people as they do this work has certainlyhelped them in tangible ways aswell. Two of our young men werepulled over while driving a car.When the officer began searchingone of the youth, he said that he“did not consent to beingsearched.” His tone was calm andwithout the “attitude” that manyyoung people present to authorityfigures whom they feel are in thewrong. The police officer did not,in fact, have any probable causeand backed off.

These experiences have helped us to seethat youth-created videos, information anddialogue, which represent multipleperspectives, do help teens think differentlyabout their own identities. This, in turn, canshape their approach to the police and canreduce tension and conflict between the twogroups. We hope that our work and thesekinds of healing experiences can reduce thekinds of tensions that led to approximately9,000 juvenile arrests in Baltimore last year.

Rebecca Yenawine is the founder and co-directorof Kids on the Hill, a nonprofit organizationoffering young people an opportunity to makepositive change in their community throughvarious art forms. Kids on the Hill is a recipient of aMACRO grant to fund one of their projects.

For many young people, challenging the policeis an important piece of their culture, oftenseen as a sign of manhood or street smarts.

“When I was going home last night I sawfour people being arrested on the street infront of a government building. Those guysare lucky because if they weren’t in front ofthat building the police would be beatingthem up.”

Sylvia SmithKids on the Hill participan

Deputy Owens and studentsphotos courtesy ofRebecca Yenawine

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What an Attorney Can Learn

By Michelle Barnes

When I signed up for the weeklong basicmediation training program offered byCommunity Mediation Maryland through theOffice of Administrative Hearings, I thought itwould provide some interesting insight into whatgoes on in mediation. I did not think it couldactually help me in my work—I’ve been a trialattorney practicing criminal law for nearly 20years with hundreds of jury trials under my belt.

Mediation . . . the idea is to be a calmingforce, a facilitator of other people’s ideas. Trialwork, well, it’s none of these things. The goal ofa trial litigator is to convince the judge and jury,not always in a calming manner, andoccasionally in an abrasive one, that ourargument is right. So, is it possible for aseasoned trial attorney to learn anything frommediation? By the second day of the training, Iknew it was possible, and it has been fascinatingto discover just how much help mediation canbring to trial work.

The first step in mediation, which is toexplain the mediation process in depth to theparticipants, seems like a very basic,uncomplicated idea. But that fundamental firststep is often one we skim over as trial attorneys.If attorneys always took the time to be detailedin their initial meeting with witnesses, it wouldhelp to set the witness’ mind at ease andprovide him or her with the answers to many ofthe questions or misconceptions that come alonglater. What we need to remember is thatwitnesses are often lay-people not accustomed tothe courtroom trial setting, and no, the fact thatthey are avid “Law and Order” fans does not

count.

During thisinitial phase ofmediation, theparticipantsare alsoadvised thatthe mediatorsare neutraland non-judgmental,

and that they will be focused on understandinghow the participants see the situation, ratherthan making any judgment or assessment oftheir own. Are you kidding me? Judgments andassessments are exactly what a trial attorneystrives to do. However, upon reflection, Idecided that this concept of holding off onjudgments at first can be very helpful to a trialattorney at times, allowing us to step back andsee the situation from each person’s point ofview before we decide on our approach.

Mediation, like trial work, is a dance oflanguage. Part of the advantage of mediationtraining is that it emphasizes the skill oflistening closely to the responses that a witnessgives in the trial itself, as well as in thepreparation. We’ve read the reports, interviewedthe witnesses, made notes on what the responseshould be. Many times, I’ve seen attorneys,including myself, already looking at the nextquestion while the witness is still answering thecurrent question. At trial, we’re in such a rushto get to a point that we miss many of thesignposts along the way. By not listening closely,you may be missing a key word or phrase thatcan make the difference in your case.

Reflecting back what we hear is another skilltaught in mediation. I’m a litigator and wordsare my medium, so this should have been abreeze for me, right? I was surprised at howdifficult it was for me to be able to decipherand reflect back to the participants the actualfeelings and values they were talking about. Ilearned that this mediation skill can beinvaluable to me as a litigator.

The mediation step called “brainstorming” isalso a skill that can provide litigators withassistance in their trial practice. When attorneysare preparing for trial, it would be helpful ifthey would use this same kind of imagination inconsidering ideas. The tendency is to stick tothe logical and obvious ones. Going through thecrazy mediation strategy of throwing out manyideas before settling on any one idea frees us tosee expanding possibilities and approaches. As

from Mediation

continued

"I’ve seen attorneys,including myself, alreadylooking at the nextquestion while the witnessis still answering thecurrent question."

June 200911

Issue 11

(Excerpted, with permission, from the C-DRUM News)

For the second straight year, Maryland leadersparticipated in the Maryland Public PolicyConflict Resolution Fellows Program this pastfall. This class of Fellows represented a widevariety of Maryland leaders, includingrepresentatives from the legislature, faith-basedcommunity, judiciary, executive, and non-profitsectors. The Fellows came together to learn fromeach other and from national leaders aboutinterest-based negotiation, collaborativegovernance, and consensus building skills.

The Fellows Program is a partnershipbetween the University of Maryland, theUniversity of Maryland School of Law’s Centerfor Dispute Resolution (CDRUM), and MACRO.Over three days, September 3 through 6, theFellows met together at the Wye ConferenceCenter on the eastern shore. They engaged indialogue about existing and future public policyissues such as land use, community engagement,and policy reform.

The goal of the program is to enhance theskills of Maryland’s leaders to achieve better and

PublicPolicy

FellowsProgram

2008

litigators, we are often so buttoned up that wearen’t allowing ourselves to get to that place ofinnovation that might really make the most sensein our case.

For all these reasons, I’ve come away frommediation training with a great respect formediators and their ability to work their ownmagic with people and conflicts. Mediationtraining also gave me a greater appreciation and

recognition of the many different facets oflanguage that are keys to our work. And, now,I bring a willingness to put these new mediatorskills to the test.

Michelle Barnes is division chief of theEnvironmental Crimes Unit at the MarylandOffice of the Attorney General.

What an Attorney Can Learn, continued

By Toby Treem Guerin

sustainable solutions for the public policyproblems we face.

The 2008 class members: Hon. Elizabeth Bobo,Maryland State Delegate; Hon. Benjamin Clyburn,Chief Judge, The District Court of Maryland; Hon.Brian E. Frosh, Maryland State Senator; Richard Hall,Secretary, Md Department of Planning; Pastor John J.Jenkins, Sr., First Baptist Church of Glenarden; Hon.Allan H. Kittleman, Maryland State Senator; DianeBell McKoy, CEO, Associated Black Charities; Hon.Joseline Pena-Melnyk, Maryland State Delegate;Tyrone Powers, Institute Director, Anne ArundelCommunity College; Roger L. Richardson, Secretary,Md Department of Agriculture; J. William Satterfield,Executive Director, Delmarva Poultry Industry; DruSchmidt-Perkins, Executive Director, 1000 Friends ofMaryland; Charles Strong, Jr., State’s Attorney,Washington County; Shari T. Wilson, Secretary, MdDepartment of the Environment.

Toby Treem Guerlin is the Deputy Director of theCenter for Dispute Resolution at the University ofMaryland School of Law (CDRUM).

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Preparing to be aRequirements for CourtRoster Mediators: If notcredentialing, how aboutdifferentiating?

By Amy Womaski3views

cont. p. 14

I would like to initiate a dialogue about therequirements for court roster mediators withregard to the connection between conflictresolution theory and practice.

Currently, having a bachelor’s degree of anykind and showing up for a certain number ofhours of mediation training are all that arerequired, in terms of education, for mediators toqualify to be listed on court mediation rosters.A mediator who not only satisfies thisrequirement, but has, in addition, completed amaster’s in this field, has had to demonstrate anunderstanding of the material as well as todemonstrate a working understanding of itsapplication. There should be a way todifferentiate between those who haveaccomplished certificate requirements and thosewho have accomplished this and more.

Some people think that a law degree ishelpful for mediators. To me, though, holding alaw degree and only a certificate of completionfrom mediation training is not comparable toholding a master’s degree in the field of ADR. Adegree in law or a master’s in social work orother fields may include several classes in ADRor related topics, but a master’s degree in ADRrequires that each and every class be on thetopic, and students also complete an internshipwhich puts theory to practice. This fortifies amediator with breadth and depth of theoryknowledge and theory application. For example,theory explains how to identify underlying orlatent issues from the spoken superficialstatements and how facial and body gesturesmay communicate incongruence with what isbeing communicated. Theory application teacheswhat skills to use and how to use them tofacilitate issue clarity. It is my position thatconflict resolution is its own unique field, one

Editor’s Note:

Amy Womaski sent MACROScope an

opinion piece outlining her views on

requirements for mediators, particularly for

court-referred cases.

Since this is an interesting issue with

several viewpoints—we asked Patricia

Ryan and J. Michael McWilliams to add

their thoughts, and we’ve presented them

together to provide you with a well-rounded

in-print discussion.

MACRO is not taking a position on this

issue at this time, and does not endorse

any of these three views.

June 200913

Issue 11

Mediator: To Be or Not toBe an Attorney?

By J. Michael McWilliams

It’s Not the DegreeBy Patricia Ryan

cont. p. 14 cont. p. 14

The question has been posed: Should themediator be an attorney, at least in some cases?Before I answer, it must be made clear that myopinion is based on my experience in mediatingcommercial disputes.

There are two situations in which themediator should be an attorney. The first iswhen the parties to the dispute require that themediator be an attorney, perhaps for some ofthe reasons I indicate below. The second is ifthe provider institution or court wishes orrequires the mediator to be an attorney.

However, it can be helpful in other instancesfor the mediator to be an attorney. In mostmediations, there is a discussion of the risks ofnot settling the dispute, such as going forwardwith the underlying or potential litigation orarbitration. The mediator who is also anattorney can help the parties achieve a betterunderstanding of what they may face. I havefound that in many disputes, the parties havenot realistically considered the cost and timerequired to go through pleading, discovery,motions practice, hearings, appeal, etc.

Another reason the mediator may need to bean attorney is that complex cases often havecomplex issues such as securities andtransactional disputes. An attorney’s experiencein these areas can avoid time spent infamiliarizing the mediator with such intricacies.

Another reason for the mediator to be anattorney is that some parties’ attorneys inmediation can be quite intimidating. A mediatorwho is also an attorney might not be as easilyintimidated as one who is not.

Sometimes, there are parties who want anattorney to mediate because they think he orshe will perform some legal functions such asrendering legal opinions, or participating indrafting a settlement agreement. That could be

The debate in the field of conflict resolutionover what is needed to be an effective mediatorcontinues. Some advocate for a specificeducational degree, some a particularprofessional background, some, myself included,advocate that it is the skill, not the educationor profession, that makes a mediator effective.

To think about what makes someone aneffective mediator, let’s take a look at some ofthe definitions of mediation. The definition onthe MACRO Web site is: “Mediation is aprocess in which a trained neutral person, a‘mediator,’ helps people in a dispute tocommunicate with one another, to understandeach other, and if possible, to reach agreementsthat satisfy everyone’s needs.”

The definition in the Circuit Court Rule,Title 17 is: “Mediation means a process inwhich the parties work with one or moreimpartial mediators who, without providing legaladvice, assist the parties in reaching their ownvoluntary agreement for the resolution of thedispute or issues in the dispute. A mediatormay identify issues and options, assist theparties or their attorneys in exploring the needsunderlying their respective positions, and, uponrequest, record points of agreement reached bythe parties. While acting as a mediator, themediator does not engage in arbitration, neutralcase evaluation, neutral fact-finding, or otheralternative dispute resolution processes and doesnot recommend the terms of an agreement.”

These definitions highlight communication,understanding, meeting everyone’s needs,promoting self-determination, listening deeply inorder to identify issues and underlying needs,and supporting participants to develop a list ofoptions. To accomplish these things, mediatorsneed specific listening, questioning, reflecting,and brainstorm facilitation skills. These areskills that come through training and experience(both life experience and mediation experience).

Good Mediator

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considered the unauthorized practice of law,depending on where the mediation takes place.Since my mediation takes me to many places inthis country and abroad, I advise the parties inadvance that I will not perform any legalfunctions, and I explain why.

It should be kept in mind that being a goodattorney does not ipso facto mean that one willalso be good as a mediator. I have known someexcellent, highly regarded attorneys who areterrible mediators.

that requires specialized training and ADRspecific education. If we as a society are seriousabout embracing and legitimizing the field ofADR, we need to acknowledge a basis fromwhich the field is independently defined andthen provide acknowledgment of it.

As litigants have the right to decline thecourt appointed mediator and select one of theirown choosing, shouldn’t it then follow thatlitigants be provided with enough information tomake an informed choice? To this end, Ipropose that the Circuit Courts create twocategories: the first category would list thosewho satisfy Title 17 requirements as certifiedmediators; the second category would list those

Be or Not to Be, continued from 13

who have accomplished Title 17 requirementsplus an ADR master’s degree as certified mastermediators. Self determination can only happen ifthe “self” is informed.

In the end, whether a litigant selects acertified mediator, a certified master mediator, acommunity mediator, or the neighbor up thestreet, I defend his or her right to do so. Butconsumers of mediation services should havesome basis from which to make this choice. Ithink the categories I propose above would help.

Amy Womaski has a master’s degree in educationfrom Loyola College and a master’s degree innegotiations and conflict management from theUniversity Of Baltimore. She has a private mediationpractice in Westminster.

The most important consideration in theselection of a mediator is picking one whoknows how to mediate and to mediate well.Then, one should consider whether the mediatorshould also be an attorney for any of thereasons briefly discussed above.

J. Michael McWilliams of McWilliams DisputeResolution, Inc. in Baltimore is an attorney andmediator. He is a Distinguished Fellow of theInternational Academy of Mediators.

How about Differentiating, continued from 12

By definition, an academic degree preparespeople with reading and writing and test-taking,all of which may demonstrate an ability tounderstand and discuss a specific content area,but none of which demonstrates or measuresany particular skill set related to mediation.

Requiring degrees would create barriers andmake it harder to get into the field. Anotherproblem is that these barriers would be likely todecrease the diversity of practitioners, which canonly hurt the effectiveness of mediation. Anotherdanger of academic degree requirements is thatthey may send a message to participants that themediator is a content area expert. Such an

assumption might cause the participants to lookto the mediator for an opinion and would notbe empowering.

If we are putting the needs of the mediationparticipants first, rather than the needs ofmediators seeking to promote their careers,then we would focus on what actually assuresquality—and that would be training, lifeexperience, mediation experience, andperformance-based evaluation.

Patricia Ryan is director of the Carroll CountyCommunity Mediation Center and is completing hermaster’s degree in negotiations and conflictmanagement at the University of Baltimore.

It's Not the Degree, continued from 13

June 200915

Issue 11

By Belinda Reed, President, Maryland Chapter of ACR

Maryland’s Second RestorativeJustice Conference Held at HCC

The Maryland Chapter of the Association forConflict Resolution held its second MarylandRestorative Justice Conference Nov. 20-21 atHoward Community College in Columbia. Theconference’s focus, “Opportunities for Impact,”provided a wide range of workshops and three

plenary sessions.

The conference beganthe evening of Nov. 20 withan opening circle, facilitatedby Kay Pranis, a trainer andconsultant of the use ofpeacemaking circles, andLauren Abramson, founderand executive director ofthe CommunityConferencing Center.

The next morning, PaulDevore, secretary of the

Maryland Department of Juvenile Services andChief Judge Robert M. Bell of the MarylandCourt of Appeals opened the conference withwelcoming remarks. Anne Seymour, who hasbeen an advocate and leader for victims’ rightsand services for 24 years, presented the morningplenary session, “Victim Focused RestorativeJustice.” The afternoon session was presented byDavid Weaver-Zercher, co-author of “AmishGrace: How Forgiveness Transcended Tragedy.”Dr. Weaver-Zercher discussed the role offorgiveness in tragedy.

More than 20 workshops were offered on avariety of ways to incorporate restorativepractices and principles. These included:

• Pat and Warren Lupson’s encore appearancewith their powerful presentation “Bringingthe Victim into the Equation”

• Two workshops that highlighted the use ofrestorative dialogue and peacemaking circlesin domestic violence cases: “PeacemakingCircles: A Restorative Option for SomeDomestic Violence Cases;” and “DomesticViolence Surrogate Dialogue”

• Workshops on victim-offender conferencing,serious crime dialogues, the use of circles,and community conferencing

• Woodbourne presentations that focused onusing restorative practices in juvenilefacilities: “Closing the Educational Gap ofChildren in out of Home Placement” and“Residential Treatment and the RestorativeHealing Model”

• Presenters from Eastern MennoniteUniversity’s presentation “Coming tothe Table: Historical Injustice througha Restorative Lens”

• Workshops discussing the use ofrestorative practices in an internationalarena of peacemaking

The 140 attendees included practitioners andprofessionals in corrections, police, mediation,faith-based organizations, ex-offenders, victims,social work, education, courts, attorneys,prosecutors, and students from HowardCommunity College, Towson University, andUniversity of Maryland School of Law.

The conference was a success in large partdue to the tireless work of the committeemembers who represented a cross-section ofpublic and private agencies committed to theoverall growth of restorative practices andprinciples. Sponsors included MACRO, theDepartment of Juvenile Services, Woodbourne,the Department of Corrections, Criminal InjuriesCompensation Board, Community Conferencing,Howard Community College, Towson University,Maryland Council for Dispute Resolution, andZSR Consulting Services.

For information on the conference, restorativejustice initiatives in Maryland, or on becoming amember of the Maryland Chapter, Associationfor Conflict Resolution (ACR), send an e-mail toaboutResolution@yahoo.com

In addition to her work with ACR, Barbara Reed is anassistant state’s attorney in Prince George’s Countyand adjunct professor at Howard CommunityCollege, where she teaches introductory courses onconflict resolution and restorative justice.

Belinda Reed

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By Cheryl Jamison,MACRO Quality Assistance Director

The New Mediator Resource

On Dec. 9, 2008, the Maryland Program forMediator Excellence (MPME) reached a majormilestone. After two years of planning,meetings, more planning, more meetings, sometesting, and even more meetings,MPMEonline.org was launched.

MPMEonline.org is an interactive resourcecenter designed for both mediators andconsumers of mediation services. Formediators, the system provides a number oftools to help them develop, enhance, andpromote their mediation practices.

Features for MediatorsMPME Program Information Each part of

the program has an area where mediators canfind the goals and objectives of the program,and the projects under development. Forexample, if an MPME mediator wanted to

find out what the Self-Awareness Task Groupis doing, they can getinformation aboutprojects underdevelopment, see thedate for the nextmeeting, read meetingsummaries, and seewho is on the task

group. (Non-members can access only generalinformation about each task group.)

Events Calendar

There are a lot of eventsscheduled throughout the year tohelp mediators enhance or improvesome aspect of their mediationpractice. MPME members make acommitment to complete at least

four continuing skills activities and two hours ofethics training annually. The challenge is keepingtrack of them—knowing about the varioustrainings, workshops, discussion groups andconferences taking place in Maryland and acrossthe country. Using the online Events Calendar onMPMEonline.org, mediators are able to find themediation activities that best fit their needs andschedule.

Online Registration

In some instances, MPME members are ableto register for events with one click of a button,a valuable time-saver.

Keep Track of Training

MPME members can make online records atMPMEonline.org of the workshops they’vecompleted, efficiently tracking and filing all theirtraining from year to year.

Bulletin Board Service (BBS)

MPME members can communicate with eachother using the Bulletin Board System (BBS) topost questions, responses, and other informationfor members.

Mediator Online Directory

Calling all trainers, court and mediationprograms, practitioner organizations: If you havea mediation activity, here is a calendar for you.MPMEonline.org has an integrated, user-friendlyonline mediator directory. The directory allows

consumers to find mediators by name,number of total cases mediated ornumber of cases mediated in aparticular issue area and by county.Members can easily enter and edittheir profile information at any time,just by using their login and password.MPME members are identified as such

MPMEonline.org

for mediators

for consumers

June 200917

Issue 11

Roger, from 4

in the directory. (Non-members can also belisted on the directory by completing a paperform and sending it to the MPME systemadministrator.)

Features for ConsumersMPMEonline.org’s online resource center also

has a section for consumers that provides information about mediation, mediation programs andaccess to the Mediator Online Directory, complete with instructions on how to use it. The systemhas been designed to make it easy for anyone to conduct a search.

Create Your Account, Become a MemberThere is so much more to MPMEonline—you just have to see it for yourself. So, go to

www.MPMEonline.org and take a test drive. If you are a card-carrying member of the MPME, andyou have not created your account, go to the site and click on “Join MPME” and follow thedirections. (You do not have to send your training documents.) If you are not a member, go to thesite and click on “Join MPME” to get information membership requirements and an application.Membership in the MPME is free.

Relations, the EEOC, the U.S. Postal Service’sREDRESS and REDRESS II programs, the U.S.Department of Justice’s Washington office, theU.S. Attorney’s Office in Maryland and theMaryland Department of Agriculture’s mediationprogram (Farm Sense). His clinical work formost of the last decade at the University ofMaryland’s School of Law is widely hailed forits excellence and success.

You lay down the pages of Roger’s C.V., arecord now seemingly much weightier thanwhen you picked it up and sigh deeply. Yousense that, notwithstanding the voluminousfactual material you have perused, you still donot have a sense of Roger as a person. Onemight conclude from reading his professionalnotes that he is a cross between John Housemanand Robert Mondavi. But you would be wrong. Ihave concluded, after years of having the honorand privilege of working side by side with Rogerat countless mediation trainings, that he is anextraordinarily amiable individual. He manifestswhat I have described to our students as a kindof “aw shucks affability,” and he has raisedimperturbability to an art form. This is not tosay that he does not disagree with others. Andyet, I have never seen him raise his voice inanger nor speak to others or of others withanything but respect and civility.

Finally, there is this. In the interest ofproportion and out of a desire to render thispiece fair and balanced, allow me to close witha story that shows Roger as all too human.When Roger, our friend and colleague, MelanieA. Vaughn, and I conduct mediation trainings,the days are usually long and taxing. It becamemy custom to leave the house early in order tostop at my neighborhood Seven-eleven and pickup a copy of that day’s Washington Post toperuse during lunch or breaks. Arriving at thetraining site, I would typically place thenewspaper on the desk in front of me, thenleave the auditorium in search of breakfast fare.I shortly came to notice that my newspapertended to disappear fairly quickly. What, Iwondered, could possibly explain this annoyingdevelopment? Then one day, after we had beentraining for several years and many “Posts” haddisappeared into the void, I happened to catch aglance of what appeared to be newsprint undera sheaf of Roger’s notes. Upon furtherinvestigation, I discovered that it was my friendwho was taking liberties with my newspaper. Iam happy to add, however, that this is a storywith a happy ending. We mediated the disputeto a successful resolution and thereafter webegan rotating the sections of the paper to greatsuccess and our mutual enlightenment.

The Web site address is easy to remember:

— MPME (that’s the acronym of the program)

— online (where the site is located) and

— .org (Internet suffix)

Put it all together and you have MPMEonline.org.

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Ramona BRamona BRamona BRamona BRamona Buckuckuckuckuck of MACRO received the Robert M. Bell Award from theMaryland State Bar Association’s ADR Section on December 5, 2008, at the

BWI Hilton, following the Maryland Mediators Convention. The award is giveneach year to honor recipients for outstanding contributions to alternative dispute

resolution in Maryland.

VVVVVirtualCourthouseirtualCourthouseirtualCourthouseirtualCourthouseirtualCourthouse.....comcomcomcomcom was awarded the Louis M. Brown Award at theAmerican Bar Association’s meeting in Boston in early February. Awards are

given to programs and projects that have made substantial or creativecontributions to the delivery of legal services. VirtualCourthouse.com is an

Internet-based service that enables parties to submit disputed claims in digital formfor resolution with a neutral provider of alternative dispute resolution services:arbitration, mediation, neutral case evaluation or a settlement conference. Hon. ArthurM. (Monty) Ahalt, CEO and president of the VirtualCourthouse.com, accepted theaward for the organization.

MMMMMartin Krartin Krartin Krartin Krartin Kranitzanitzanitzanitzanitz received the Sharon M. Pickett Award for the Promotion ofExcellence in Mediation from the Maryland Council for Dispute Resolution on April 3in Annapolis. Martin has contributed to the ADR field in Maryland for 25 years as amediator, trainer, and writer. The award was given in commemoration of Sharon M.Pickett, a mediator/trainer who died recently, and who was committed to excellencein mediation. Carl Schneider, Sharon Pickett's husband, gave a free workshop as partof the award event on the topic, “Sponsoring the Conversation; the Missing Art.”

MMMMMaryland’aryland’aryland’aryland’aryland’s Secrs Secrs Secrs Secrs Secretary of Laboretary of Laboretary of Laboretary of Laboretary of Labor, Licensing and R, Licensing and R, Licensing and R, Licensing and R, Licensing and Regulation Thomas Pegulation Thomas Pegulation Thomas Pegulation Thomas Pegulation Thomas Perererererezezezezez, whois also a former member of the Montgomery County Council, was tapped byPresident Barack Obama for a top Civil Rights Division post at the United State’sDepartment of Justice. Tom was one of MACRO’s twelve inaugural ADR PolicyFellows in 2007 and worked closely with MACRO to infuse the use of collaborativeprocesses throughout the Department of Labor, Licensing and Regulation’s operations.

Louise Phipps Senft, PrLouise Phipps Senft, PrLouise Phipps Senft, PrLouise Phipps Senft, PrLouise Phipps Senft, President and CEO of Louise Phipps Senft &esident and CEO of Louise Phipps Senft &esident and CEO of Louise Phipps Senft &esident and CEO of Louise Phipps Senft &esident and CEO of Louise Phipps Senft &Associates/BAssociates/BAssociates/BAssociates/BAssociates/Baltimoraltimoraltimoraltimoraltimore Me Me Me Me Mediationediationediationediationediation, has been named one of Maryland’s Top 100Women and selected as an inductee into the 2009 Circle of Excellence for sustainedachievement. This is the third time Senft has been chosen as one of Maryland’s Top100 Women. Senft was honored at an awards ceremony at the Meyerhoff on May11th, 2009.

Recent Maryland ADRAWARDS AND ACHIEVEMENTS

June 200919

Issue 11

June-DecemberMaryland Council for Dispute Resolution.Master Classes for Mediators (a series of sixfour-hour classes)

More information: www.mcdr.org.

June 17-19The Center for Alternative Dispute Resolution2009 Annual Conference: “Managing Conflictand Removing the Barriers to CollaborativeDecision Making”

More information: (301) 313-0800 orwww.natlctr4adr.org.

June 20Maryland’s National Conference forCommunity Mediation. “The Joy of Mediation:Cooking It Up and Serving Your Community”

Martin’s Crosswinds, 7400 Greenway CenterDrive, Greenbelt. More information:410-260-3540 or www.marylandmacro.org.

July 22MACRO ADR Practitioners LunchtimeTeleconference Series. “The Impact of Passageof the Fairness in Arbitration Act onResolution of Disputes Involving Employment,Consumer, Franchise and ResidentialConstruction” with P. Jean Baker, Esq., districtvice president, American ArbitrationAssociation

Noon-1:30 p.m., 1-888-453-4221 followed byparticipant pass code 838404 # whenprompted. More information: MACRO, 410-260-3540

July 23MACRO “Evening With” Series. “Hot Topics inFamily Mediation” with Zena Zumeta, J.D.

6:30 to 9 p.m., location to be determinedMore information: MACRO, 410-260-3540

UpcomingADR Events

October 14MACRO ADR Practitioners LunchtimeTeleconference Series. “Why CommunityMediation Matters, and Why the MarylandModel Matters” with Lorig Charkoudian, Ph.D.,executive director, Community MediationMaryland

Noon-1:30 p.m., 1-888-453-4221 followed byparticipant pass code 838404 # whenprompted. More information: MACRO,410-260-3540

November 17MACRO ADR Practitioners LunchtimeTeleconference Series. “Apology & Mediation.When and Where are Opportunities Present forApology in Mediation” with Carl D. Schneider,Ph.D., director, Mediation Matters

Noon-1:30 p.m., 1-888-453-4221 followed byparticipant pass code 838404 # whenprompted. More information: MACRO,410-260-3540

903 Commerce RoadAnnapolis, MD 21401www.marylandmacro.org

To order bookmarks:call 410-260-3540or e-mail: macro@mdcourts.gov

Victoria Scherini,Annapolis

Atticus Speis,Cumberland