The Washington Law School Foundation

The Washington Law School Foundation Dispute Resolution Section of the Washington State Bar Association Washington Mediation Association Present

11th Annual Northwest Dispute Resolution Conference Dispute Resolution from the Insight Out

April 11-12, 2003

Shoreline Conference Center 18560 First Avenue NE Seattle, Washington

Conference Website: http://www.mediate.com/nwadr The Washington Law School Foundation Dispute Resolution Section of the Washington State Bar Association Washington Mediation Association Present

11th Annual Northwest Dispute Resolution Conference Dispute Resolution from the Insight Out

This Conference offers an extensive program with over 40 presentations designed for ADR practitioners and attorneys representing clients in dispute resolution.

PROGRAM HIGHLIGHTS

Conference presenters include Tony Roffers, Oakland, California on “Collaborative Conflict Resolution - Using Empathy as a Basis for Mediation” and Debra Gerardi, attorney, health care mediator and improv comedian who will present “Using Improvisation in Conflict Resolution.” Saturday’s luncheon speaker will be Thomas Stipanowich, CPR Institute, New York, who will talk about “In the Year 2025: Looking Back on the First Fifty Years of the Modern Era of Conflict Resolution.”

The conference agenda offers an additional range of topics including ethical dilemmas in mediation, cultural diversity issues, teen mediation, workplace mediation, marketing ADR-related services, beyond body language, mediation of complex multi-party lawsuits, transformative mediation, and even feng shui and Aikido for mediators!

Conference Co-Chairs: Julia Ann Gold, University of Washington School of Law, Director, Mediation Clinic, Nancy Highness, Mediation First, LLC, and Larry Mills, Mills Meyers Swartling.

Who Should Attend: Arbitrators, attorneys, counselors, governmental representatives, human resources personnel, judges, mediators and others interested in dispute resolution.

What You Will Learn: This program will help you to: • Enhance your skills as a mediator or arbitrator • Advocate effectively for clients involved in mediations, arbitrations and transactions • Develop new verbal and non-verbal communication skills • Fulfill your CLE requirement. This conference has been approved for 10.0 CLE Credits (includes a total of 2.75 Ethics CLE Credits - 1.5 Ethics Credits on Friday and 1.25 Ethics Credits on Saturday).

Conference Format: You may register for both days, for a half day on Friday, April 11, or all-day Saturday, April 12! Registration for either day includes a Friday late afternoon reception. You may select from 7 or 8 sessions in each time slot.

2.75 hours of CLE Ethics credits are available!

Visit our Conference Website at: http://www.mediate.com/nwadr CONFERENCE SPONSORS

The Washington Law School Foundation, the Dispute Resolution Section of the Washington State Bar Association, and the Washington Mediation Association would like to thank our sponsors for their generous support of this conference.

Friday Reception - a great networking opportunity, courtesy of:

Davis Wright Tremaine LLP

Saturday Luncheon, courtesy of:

Stokes Lawrence, P.S.

Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim LLP

Thomas Stipanowich, CPR Institute, New York, courtesy of:

Lane Powell Spears & Lubersky LLP

Tony Roffers, courtesy of:

Judicial Dispute Resolution

Debra Gerardi, courtesy of:

Cutler Nylander & Hayton

Conference Brochure Printing, courtesy of:

Mills Meyers Swartling

Conference Scholarships, courtesy of:

Dispute Resolution Section Washington State Bar Association

Dispute Resolution Center of Snohomish/Island Counties

Sound Options Group, LLC

NETWORKING

The Conference will provide space for you to share printed materials regarding ADR programs, training, conferences and resources. Please contact Kathy Kline at 206-543-8881 or [email protected] to coordinate your space needs. Conference Schedule at a Glance

Friday, April 11, 2003 12:00 - 1:00 p.m. Registration 1:00 - 2:30 p.m. Concurrent Sessions Series 1.01 - 1.07 2:30 - 2:45 p.m. Break 2:45 - 4:00 p.m. Concurrent Sessions Series 2.01 - 2.08 4:00 - 4:15 p.m. Break 4:15 - 5:30 p.m. Concurrent Sessions Series 3.01 - 3.08 5:30 - 6:30 p.m. Conference Reception

Saturday, April 12, 2003 7:30 - 8:30 a.m. Registration 8:30 - 10:30 a.m. Concurrent Sessions Series 4.01 - 4.07 10:30 - 10:45 a.m. Break 10:45 - noon Concurrent Sessions Series 5.01 - 5.07 noon - 1:30 p.m. Luncheon - featuring: Thomas Stipanowich, CPR Institute for Dispute Resolution, New York 1:45 - 3:45 p.m. Concurrent Sessions Series 6.01 - 6.08

Concurrent Sessions Series 1: Friday, April 11, 2003 1:00 – 2:30 p.m.

1.01 Overcoming Impasse Presenters: Carolyn Cairns, Stokes Lawrence PS, Seattle; Kirkham Johns, Stafford Frey Cooper, Seattle; Larry Mills, Mills Meyers Swartling, Seattle Three ADR neutrals discuss techniques and considerations for avoiding and overcoming impasse in commercial -- and other -- disputes. Steps that can be taken at the outset to prevent impasse from occurring. Measures available to overcome impasse if it does occur. Level: All levels

1.02 Mediation Ethics Presenters: Julia Ann Gold, Alan Kirtley, University of Washington School of Law, Seattle Presenters will highlight current issues relating to ethical issues in mediation through the use of hypothetical ethical dilemmas. Attendees will be divided into groups to discuss difficult situations raising issues around conflicts of interest, confidentiality, providing professional advice, and mediator impartiality. Participants will review current codes and standards to guide mediators, and discuss current case law in this area. The attorney Rules of Professional Conduct, Mediator Standards of Conduct and other ethics standards will be discussed. Appropriate for mediators from all backgrounds, whether attorneys or other professionals. Level: All levels

1.03 Why Do Parties Say “No” to Mediation? Presenter: Christopher Sheesley, In-Accord, Portland This presentation explores a model for making mediation resistance comprehensible and gives participants an opportunity to try out a new model with their colleagues, help shape this emerging theory, and contribute to the evolution of the profession by exploring the question of why parties might be mediation adverse. Level: Intermediate/Advanced 1.04 Beyond Body Language Presenter: Rene-Marc Mangin, Price-Mangin LLC, Portland This entertaining introductory workshop will feature new applications of recent research in nonverbal behavior to be presented in a forthcoming book and videotape by the presenter. Videotape will be used to help attendees develop their perceptual skills to detect critical nonverbal behaviors that can be used strategically in face-to-face talk. The presenter will establish the link between communication style and information processing (thinking styles) and then, he will show how this knowledge increases people’s ability to influence others in negotiations and business transactions. Level: All levels

1.05 Leadership and the New Science Presenter: Rick Oglesby, FMCS, Seattle This session provides the participants an opportunity to consider and discuss the implications of applying New Science Concepts to conflict management practices. The session will begin with a video presentation summarizing Margaret Wheatley’s book titled Leadership and the New Science. Following the video, the presenter will guide the participants in a discussion of Wheatley’s suppositions regarding Chaos Theory as opposed to Mechanized Science. This alternative world view might impact our assumptions regarding organizational order and chaos, information management, relationships, visioning, and dispute resolution. Level: All levels

1.06 Representing Clients in Mediation – Practice Pointers from a Mediator’s Perspective Presenters: Phil Cutler, Cutler Nylander & Hayton, Seattle; Lou Peterson, Hillis Clark Martin & Peterson, Seattle Just as what the mediator does is an art, there is an art to advocacy in mediation. Two experienced mediators -- with a combined 60+ years experience in dispute resolution -- offer their perspective on the art of effective mediation advocacy. Learn what works -- and what doesn’t -- and why. Level: All levels

1.07 Blocks, Barriers & Human Interference: Getting Past the “Stuff” Presenter: Susan Latham, M.A., Thinking Edge, Chimacum This workshop will cover practical skills for identifying, understanding and managing human factors that affect the conflict resolution process. Includes basic psychopathology issues in mediation, hidden agendas/unspoken emotions, overcoming perception filtering, hot buttons and hierarchy of needs. This session will also look at preventing brain- drain while keeping yourself sane and safe in the midst of chaos. Level: Intermediate/Advanced

Concurrent Sessions Series 2: Friday, April 11, 2003 2:45 – 4:00 p.m.

2.01 Reduce Confidence to Resolve Conflicts Presenter: Wallace Wilkins, Ph.D., Mediation Training Institute (International), Seattle Conflicts fester when two adversaries maintain high self-confidence in opposing positions. This interactive workshop will identify four factors that artificially inflate self-confidence: Ego, Arrogance, Righteousness, Pride (EARP). You’ll recognize how disputants “EARP” on each other. Ironically, a mediator’s unintended function is to help disputants reduce their self-confidence to reach reconciliation. Level: All levels

2.02 How Many Lawyers Does It Take to Clean Up a Waterway? Presenters: Diane L. Adams, Patricia J. Serie, EnviroIssues, Seattle; Clark J. Davis, Davis, Roberts & Johns, Gig Harbor; Loren Dunn, Riddell Williams, PS, Seattle; William J. Hengemihle, LECG, LLC, Wayne, PA; Doug Mosich, City Attorney’s Office, Tacoma; Matthew Wells, Preston Gates & Ellis, LLP, Seattle In 1998, the Environmental Protection Agency (EPA) initiated an alternative dispute resolution process in support of a voluntary cleanup of the Thea Foss/Wheeler-Osgood Waterway, a listed Superfund site in Tacoma, WA. Four years later, more than 70 parties completed negotiations with the signing of consent decrees. As an alternative to traditional litigation typically associated with site cleanup, this process serves as a model for building effective working relationships that result in an equitable and agreeable allocation of responsibility. Level: Beginner/Intermediate

2.03 Gaining Insights Into Performance Issues and Interests from Workplace and Employment Mediations Presenters: Betsy BeMiller, Workplace Resolutions & Dispute Resolution Systems, Des Moines; Judi Cotner, EEOC, Seattle Performance issues are central to most employment and workplace mediations. This session focuses first on organizational leadership dynamics that contribute to performance management conflicts. Then participants utilize workplace scenarios to identify issues, interests, needs and common ground. Finally, mediator strategies are developed for communication, exploration and meeting disputants’ needs and interests. Level: All levels

2.04 Global Trends in Business Sector Conflict Resolution Presenter: Thomas J. Stipanowich, CPR Institute for Dispute Resolution, New York The head of the New York-based international coalition for innovation and excellence in ADR discusses the latest strategies for conflict avoidance and resolution by U.S. and multinational corporations and their counsel. Highlights include approaches to mediation and arbitration, efforts to incentivize lawyers and business persons to approach conflict resolution constructively, and creative approaches to improving communications and minimizing conflict. Level: All levels

2.05 Lessons in Problem Definition and Setting Agendas Presenters: Alan Alhadeff, Alhadeff Mediation Services, Seattle; Micky Forbes, Attorney, Port Townsend This program deals with the paradox of how a mediator helps to define the problem broadly enough to satisfy the parties’ aspirations while simultaneously narrowing the focus on an agenda or pathway through which the dialogue can lead to resolution. Our minimalist approach is a strategy that 1) allows one to ask questions without structuring the shape of the answers, and 2) challenges and enhances the traditional and mechanical use of active and reflective listening practices. Level: All levels

Please Note: Workshop Sessions 2.06, 2.07 and 2.08 are continuous sessions with 3.06, 3.07 and 3.08 and are 2 ½ hours in length.

2.06 Conflict: The Anatomy of Disgust, the Culture of Fear and the Management of Risk Presenter: Robert Benjamin, M.S.W., J.D., Portland Many find conflict personally disgusting. As a society, we have created a culture of fear that tries to contain and suppress conflict - often with unintended harsh consequences. In mediation practice, ground-rules offer the illusion of safety and comfort perhaps more for the third party than anyone else. In the culture at large, “zero tolerance” policies and laws create the facade of safety but may in fact breed more conflict rather than less. The resulting culture of fear often militates against the use of negotiated processes to manage issues. This interactive workshop will explore the nature of conflict, biologically, culturally, theologically and personally and examine the management of the risk of conflict. Level: All levels (Continues as 3.06)

2.07 Cultural Mediation: When the Dispute IS About Culture Presenter: Lonnie Lusardo, The Diversity Collaborative, Seattle This highly interactive session focuses on the challenging undercurrent that occurs when disputants represent differing cultures. Based on techniques developed in South Africa, the practice of Cultural Mediation allows all parties to explain what motivates their behaviors, reasons other behaviors are considered insensitive or offensive, and ways to foster more harmonious interactions. Level: All levels (Continues as 3.07) 2.08 Civic Dialogue: Conversations to Support Democracy Presenters: Ann McBroom, Greg Abell, Sound Options Group, LLC, Bainbridge Island The current structure of public discourse limits the discussion about important and complex issues facing our world. When the public disengages from public debate, we lose a key component of civilized society: conversation. It is through conversation that we develop the ties that bind us together into caring communities. How can we structure discourse that invites multiple voices into deeper exploration and better understanding about critical public policy issues? Civic dialogue can restore the passionate engagement that was central to our democratic beginnings. The presenters will share theory, approaches and experience about creating and facilitating civic dialogue. Level: All levels (Continues as 3.08)

Concurrent Sessions Series 3 Friday, April 11, 2003 4:15 – 5:30 p.m.

3.01 Marketing Your ADR Practice Presenter: Scott Holte, Washington Arbitration & Mediation Service, Mukilteo The program will involve a discussion of all aspects of marketing: overcoming the anxiety of marketing/selling yourself; developing and marketing your expertise; targeting your client base; creating marketing opportunities; building relationships; educating the public about ADR; and maintaining a consistent public relations and marketing program. Level: Intermediate/Advanced

3.02 Breaking An Historic Stalemate – Moving Forward with the SR 520 Project Presenters: Patricia J. Serie, Amy J. Grotefendt, EnviroIssues, Seattle Locked in a decade of stalemate over an acceptable replacement plan, the communities on either side of Lake Washington refused to consider any options for replacing the aging SR 520 floating bridge, its approaches and the freeway through the corridor between I-5 and Redmond. An alternative dispute resolution process called the Trans- Lake Washington Study Committee was convened in 1998, resulting in 1999 consensus recommendations on moving forward. Today, implementation proceeds, gaining much from the insights of the original agreements. Level: Beginner/Intermediate

3.03 Overcoming the Hurdles to Early Resolution in Employment Litigation Presenters: Eileen Lawrence, Maple Valley Law Group, Maple Valley; Colleen Kinerk, Cable, Langenbach, Kinerk & Bauer, LLP, Seattle A panel discussion will provide perspectives from experienced plaintiff and defense counsel on resolution roadblocks unique to employment claims. The presenters will discuss how to evaluate claims, advise clients, predict outcomes, and discuss risks and tax consequences of fee shifting. The presenters will also discuss the ethical implications of fee shifting and the influence of insurance on defense counsel’s duty to the client. The presenters will provide effective strategies on how to avoid common mistakes, using case examples and comparing outcomes to prior settlement discussions. Level: All levels

3.04 An Insider’s Look at Rule 39.1 Presenters: Hon. John C. Coughenour, US District Court, Western District of Washington, Seattle; James A. Smith, Jr., Smith & Hennessey PLLC, Seattle The presenters will discuss court-ordered mediation in the Western District of Washington pursuant to Rule 39.1 from the perspective of the court, the neutral and the practitioner. The mediation program in the Western District is one of the oldest in the U.S., and has been the subject of a comprehensive task force study and several revisions in recent years. The ongoing evolution of ADR practice under the Rule, as well as a number of issues in its administration, will be analyzed. Irrespective of whether you are involved in federal practice, this presentation will provide excellent insight into a highly successful court-supervised ADR program. Level: All levels 3.05 I’ve Decided: I’m Positive…I Think! Presenters: Barry F. Anderson, Ph.D., Portland State University, Portland; Samuel J. Imperati, Institute for Conflict Management, Inc., Portland Parties flounder in the intersection of logic and emotion. Explore the psychology and science of decision-making, tricks of the mind, and practical tools to chart a path toward resolution. These insights work in two-party and multi- party cases, pre-convening assessment, impasse-busting work, and private or public policy disputes. Level: All levels

CONTINUED FROM CONCURRENT SESSIONS 2:

3.06 Conflict: The Anatomy of Disgust, the Culture of Fear and the Management of Risk

3.07 Cultural Mediation: When the Dispute IS About Culture

3.08 Civic Dialogue: Conversations to Support Democracy

Concurrent Sessions Series 4 Saturday, April 12, 2003 8:30 – 10:30 a.m.

4.01 Mediating the Collaborative Divorce Presenters: Alan Alhadeff, Alhadeff Mediation Services, Seattle; J. Kim Wright, Renaissance Lawyer, Hillsboro; Franca Baroni, Attorney, Key Biscayne The Collaborative Family Law Model provides separate counsel for each side, access to a rich set of problem-solving and neutral professional resources such as therapists and financial planners, while maintaining a commitment to stay out of court. This program explores in detail how this new collaborative law system can be enhanced by mediation and how mediating parties are better served by collaborative lawyers. We will also explore the differences between mediating a traditional dissolution action and a collaborative dissolution. Level: All levels

4.02 Collaborative Conflict Resolution – Using Empathy as a Basis for Mediation Presenter: Tony Roffers, Ph.D., Mediator, Oakland This presentation will describe a collaborative conflict resolution model that emphasizes the use of empathy by not only the mediator but also the disputing parties in order to facilitate mutual understanding before trying to reach mutual agreement. A six-stage process will be delineated and discussed, followed by a demonstration of the process. Level: All levels

4.03 Oh Yeah? It Takes One to Know One! Presenter: Samuel J. Imperati, Institute for Conflict Management, Inc., Portland An hour into it, you realize the participants are aggressive, intransigent and obnoxious! A “transformative” mediation would involve an exorcism, but that seems a bit “evaluative.” What are ya gonna do? Learn how to dispense “reality therapy,” “dance with the devil” and reach closure in the face of “yucky” behavior. Level: All levels

4.04 Presence of Mind and the Practice of Mediation Presenter: Barry Nobel, J.D., Ph.D., Mediator, Eugene Increasing mindfulness provides mediators with a royal road to the development of enhanced performance. This workshop will: provide exposure to mindfulness through short individual and paired exercises; examine how mindfulness might improve both our professional and personal lives; and relate mindfulness to empathy and authenticity in a mediation setting. Level: All levels 4.05 Human Development and Transformation in Mediation: A Potential Collision Course Presenter: Cris Currie, Mediator, Mead This session will explore the apparent disconnect between Robert Kegan’s four adult orders of developmental consciousness and Bush and Folger’s transformative model of mediation. After a brief overview of each theory, participants will have a chance to combine and apply both theories to common mediation scenarios. Level: Advanced

4.06 Mediation Confidentiality: Protecting Our Clients and Ourselves Presenter: Rebecca H, Hiers, J.D., Sunrise Mediation, Pendleton Mediation is evolving, and the laws governing mediation are evolving too. Our laws appear to protect mediation confidentiality, but in other jurisdictions, courts sometimes have found exceptions to mediation confidentiality when balanced against other laws. Explore these gray areas through role play, discussion, and sharing. Level: All levels

4.07 Helping Institutions Align Their Walk with Their Talk Presenter: John E. Perkins, Ph.D., Keep the Change, Seattle Is it possible to help people live up to their own highest ideals? YES! - with the right approach. Come learn how the same four-stage method which insiders used to lead Quakers to abolish slavery and major league baseball to integrate can be applied to today’s challenging inequities. Level: Intermediate/Advanced

Concurrent Sessions Series 5 Saturday, April 12, 2003 10:45 a.m. - noon

5.01 Empowerment, Impartiality and Maximization of Mediation Presenter: James C. Melamed, J.D., The Mediation Center, Inc., Eugene This session will discuss the extent to which empowerment is ethical and advised in mediation and how empowerment, if offered, can be reconciled with the mediator’s duty to be impartial. Empowerment carried to its logical extreme is maximization in mediation. Implications of a maximizing model will be discussed and skills for empowerment and maximization will be reviewed. Level: All levels

5.02 Fire, Conflict and Creativity: Teens Leading the Way Presenters: Judy Friesem, Peace Council, Catholic Community Services, Seattle; Cabrielle McKinney (teen), Seattle; Nova Dobreva (teen), Seattle; Ema Land (teen), Seattle; Vanessa Vaughn (teen), Seattle In Peace Council, a parent-teen mediation program, we find that families are starved for ways to express their red-hot anger and utter frustration other than yelling or hitting out – thus ‘Playing with Fire: a workshop in creative conflict resolution’ was born. Four very diverse young women, aged 14-17, spent the summer putting together this experiential workshop. No strangers to conflict and adversity, they have successfully woven together skills with a great deal of creative play. Join in as they engage us in activities that help us ‘burn our wood’, keep ‘sparks’ from flying, practice ways to not ‘fan the flames’ and access our power within to ‘contain the fire’. This just might deepen how you approach your work. Level: Intermediate/Advanced

5.03 Cultural Diversity Issues in Mediation Presenters: Matthew R. Fairbank and ‘Salie Cockrill, DRC of Yakima & Kittitas Counties, Yakima; Sylvia Flores, Division of Child Support, DSHS, Yakima This workshop will engage participants in an exploration of the cultural assumptions imbedded in the mediation model used in North America and how mediators might work to make the mediation model more culturally sensitive. The workshop will include presentation, groups work designing alternative models and mediator best practice tip sharing. Level: Intermediate/Advanced

5.04 Using Professional Coaching Skills in Mediation and Negotiation Presenters: David C. Hager, Hager & Associates, Bainbridge Island; Molly Gordon, CPC, Suquamish The field of “Personal and Professional Coaching” has recently emerged as a distinct “profession” with many parallels to the development of the mediation field. This session, led by two experienced professional coaches, one of whom is also a mediator and attorney, will provide an overview of some “best practices” from the coaching world, along with potential applications to mediation and other dispute resolution work. The intent is to leave participants with an expanded sense of their ability to cause transformations of their clients’ perception of conflict and relationships, and their power to create alternative futures. Level: Intermediate/Advanced

5.05 Ethically Negotiating Settlements the ABA Way Presenter: Barrie Althoff, WSBA Professionalism Counsel, Mercer Island An introduction to the new Ethical Guidelines for Settlement Negotiations (from the Rules of Professional Conduct) recently adopted by the ABA Section of Litigation. This session will include discussion, hypotheticals and enactments. Level: Beginner/Intermediate

5.06 Mediation of Complex Multi-Party Lawsuits: A Case History Presenters: Nick Dibert and Stephen English, Bullivant Houser Bailey, Portland; Hon. Edward Leavy, U.S. Court of Appeals, 9th Circuit, Portland The presenters will describe their experiences as mediator plaintiffs’ counsel in the numerous lawsuits arising from the collapse of Capital Consultants, an investment advisor in Portland, Oregon. CCL handled approximately $1 billion in client funds, much of which was invested by union pension and welfare trusts. Losses from the collapse of CCL exceeded $3 million. The mediation, conducted by Judge Leavy, took almost two years and recovered over $110,000,000 without extensive litigation practice. Level: Intermediate/Advanced

5.07 Seeding the Community with Problem Solvers Presenter: Regina Lyons, Bellevue Neighborhood Mediation Program, Bellevue This session will be focused on highlighting half of the Bellevue Neighborhood Mediation Program’s mission, which is to send individuals with advanced problem-solving skills back into the community. To that end, the Bellevue Neighborhood Mediation Program has developed a skill-based eight-hour class for citizens which teaches participants how to work on resolution in their own lives. Level: All levels

Concurrent Sessions Series 6 Saturday, April 12, 2003 1:45 – 3:45 p.m.

6.01 Using Improvisation in Conflict Resolution Presenter: Debra Gerardi, Patient Safety Program, Stanford Hospitals and Clinics, Stanford University, Palo Alto This highly interactive program presents methods for developing the key skills necessary for resolving conflict and breaking through impasse. Through the use of games used to train professional improvisers, you will jump into a world where playfulness and openness rule. These training techniques have been successfully presented to over 3,000 people, many of them attorneys and doctors who have not played in years. Level: All levels

6.02 Harmony in Conflict: Feng Shui for Mediators Presenter: Susan K. Driver, J.D., Mediation Services, Portland Feng Shui, literally “wind” (feng) and “water” (shui), is the Chinese name for an ancient, intuitive and practical art that seeks to bring people and their environment into harmony. This workshop is designed for mediators, facilitators and trainers in the field of conflict resolution who are interested in taking their practice to the next level by gaining an understanding of the seen and unseen factors that may be affecting their life and their work. Come learn how to work with the energy of personal and professional environments in ways that will support your work with others who are in conflict. Level: All levels 6.03 Compassionate Listening for Personal Regional and Global Harmony Presenter: Alan Yehudah Winter, Mediator and Counselor, Portland The absence of real listening between clients is a major block to success. Wouldn’t it be wonderful to impart this gift in sessions? Compassionate listening is one method of accomplishing this which can be taught by example and explanation. It involves listening with the “spiritual ear,” i.e. the one that allows us to identify with, not judge, the other. Level: All levels

6.04 Varieties of Religious Experience: The Moral Variable in Conflict Management Presenter: Robert D. Benjamin, M.S.W., J.D., Mediator, Portland Through history, religions have contributed both resistance and inducement to negotiate. In other words, they have been at the same time the most avid supporters of war and violence, and proponents of peace. The theologies of many religions appear to profess peace and yet practice violence. This workshop will encourage an examination and discussion of the religious and theological aspects of conflict management in everyday negotiations. Level: All levels

6.05 Why Don’t You Think Like Me? The Effect of Diverse Thinking and Problem-Solving Styles in Conflict Resolution Presenter: Susan Latham, M.A., Thinking Edge, Chimacum This session will examine overcoming the differences that affect how we think and problem-solve together. Learn to recognize your own preferences and effectively accommodate alternative styles in the mediation process. This session includes an overview of personality types, frames of intelligence, neuro-linguistic learning preferences, whole brain thinking styles and cultural/ethnic differences. Level: Intermediate/Advanced

6.06 Interests, Rights, Morality and Conflict Resolution: A Heretical Perspective Presenter: Catherine Morris, B.A., LLB, LLM, Peacemakers Trust, Victoria “Interest-based” approaches have been at the core of conflict resolution training and practice in North America for two decades. Just what is an “interest,” anyway? Do interest-based approaches emphasize “deals” at the expense of relationships? Do they undervalue parties’ rights? Is the utilitarian ethical foundation of interest-based approach suited to disputants who subscribe to other moral frameworks? Level: Advanced (First hour)

Making Sense of “Terrorism” -- Talking, Thinking and Acting Presenter: Catherine Morris, B.A., LLB, LLM, Peacemakers Trust, Victoria How do we make sense of current public discourse about “terrorism” after September 11? Alternative stories about definitions and roots of “terrorism” are considered. “Terrorism” is reframed as highly escalated moral conflict in which all parties claim the ethical high ground in the justification of force. Responses to political violence are examined within frameworks of power-based, rights-based, interest-based, and relational approaches. Level: Advanced (Second hour)

6.07 The Heart of Mediating Presenter: Barbara Ashley-Phillips, North American Institute for Conflict Management, Edmonton Mediators have immense power. With that power goes responsibility, but unless we pay attention to our inner landscape, we cannot adequately discharge that obligation. It is time to learn as much as we can about the features and communication capacity of that inner landscape. This is called the ‘art of reflective practice.’ Level: All levels

6.08 Aikido Techniques and Conflict Resolution Presenters: Herman Wacker, Seattle; Kimberly Richardson, Two Cranes Aikido, Seattle This highly interactive session will demonstrate dramatic uses of Aikido to overcome apparently superior strength and force in a manner that subdues the attacker without anger or intent to injure The philosophical origins of Aikido, which can be fairly described as mediation of physical force and conflict, will be explained. This will include how one can peacefully and calmly respond to superior force and focused attack by using the energy of the attacker rather than our own energy. Session participants will participate in completely safe but instructive basic aikido moves so they can feel the application of the theory. Examples will be provided of how the physical concepts of aikido can translate to the mental process which can assist one in maintaining their emotional balance in the face of verbal aggression by a mediation participant. Level: All levels PROGRAM INFORMATION

Location: All sessions will be held at the Shoreline Conference Center, 18560 First Avenue N.E., Seattle, WA, 98155. Free parking is available adjacent to the Shoreline Conference Center.

Directions: from I-5 southbound take the 205th St. Exit westbound (Exit #177), turn right on 205th and go to 1st Ave. NE (first light). Turn left on 1st Ave. NE and continue south to NE 185th St. As you approach 185th St., Shoreline Center will be on your left.

From I-5 northbound take the NE 175th St. Exit (Exit #176). Turn left on NE 175th and go to Meridian Ave. N. Turn right on Meridian and go to NE 185th St. Turn Right on NE 185th and go to 1st Ave. NE. Turn left on 1st Ave NE and Shoreline Center is on your immediate right.

Bus Service: from downtown Seattle take #317 to Shoreline or #41 to the Northgate Transit Center. From the University District take #66, #67 or #68 to the Northgate Transit Center. Take the #315 or #317 from the Northgate Transit Center to Shoreline. From the Eastside take #550 to downtown Seattle. Then take the #41 to Northgate and transfer to the #317 to Shoreline. You may also take the #271 to the University District, transfer to #66 or #67 to Northgate, and then transfer to the #317 to Shoreline. Metro Rider Info.: 206-553-3000; http://transit.metrokc.gov

Registration Fees: Two-day registration includes all sessions and course materials for both days and events. Registration for Friday-only includes all Friday sessions, course materials for both days and reception. Saturday-only registration includes the Friday reception, all Saturday sessions, course materials for both days and Saturday lunch.

Group Discount: A discount of 20% is available for groups of five or more from one organization. Discounts only apply when registrations and payment for groups of five or more people from one organization are made at the same time. Call for more information about group rates.

Scholarships: A limited number of scholarships are available, based primarily on financial need. Send a letter of application by March 31, 2003 to the UW CLE Office, 1100 NE Campus Parkway, Seattle, WA 98105-6617.

Refunds/Cancellations: Requests for refund must be submitted in writing and postmarked by March 28, 2003. All refunds are subject to a $30 handling fee. Refunds are not available after March 28, 2003, but a substitute may be sent if UW CLE is notified in writing prior to the program.

Conference Materials Only: You may order the conference materials by mailing in the registration form with a check for $79.00.

Continuing Legal Education Credits: 10 CLE credits (including 2.75 Ethics credits) are approved in Washington and pending in Oregon. For assistance regarding CLE credit in other states, contact UW CLE at (206) 543-0059. All sessions may not be accredited.

Accommodations for Disabilities: If you have a disability that may impact your participation in this seminar, please notify the CLE Department. We cannot ensure the availability of appropriate accommodation without prior sufficient notification of need.

Lodging: A block of rooms has been reserved at the Days Inn - North Seattle, 19527 Aurora Ave. N., Seattle (206-542-6300) and at the Ramada Inn Seattle at Northgate, 2140 N. Northgate Way, Seattle (206-365-0700). Conference participants may call these hotels to reserve a room at special rates. Identify yourself as being with the Dispute Resolution Conference.

For more information or registration assistance please contact UW CLE at: Phone: 800-253-8648 OR 206-543-0059

University of Washington School of Law - CLE Registration 1100 N.E. Campus Parkway Seattle, WA 98105-6617

Fax: 206-685-3929 E-Mail: [email protected]

11th Annual Northwest Dispute Resolution Conference Registration Form (03D11)

Mr./Ms. ______First Name M.I Last Name ______Bar Number & State, if any Year Admitted ______Firm/Organization ______Address ______City State Zip/Postal Code ______Telephone Number Fax ______Internet/E-Mail Address

Please complete the following: Please indicate your profession/field:______

How did you first hear about this program? (select one): Brochure Referral/Colleague Advertisement Internet Other

Sessions Preferences

Please indicate which sessions you are most likely to attend. This will assist us in assigning rooms.

Levels of Sessions: Beginning (0 - 2 years experience) Intermediate (2-5 years experience) Advanced (over 5 years experience) and All levels

Session titles are abbreviated below. For complete details, please refer to the descriptions in this brochure or at www.mediate.com/nwadr. Friday, April 11, 2003 Saturday, April 12, 2003 Series 1 - 1:00 - 2:30 p.m. Series 4 - 8:30 - 10:30 a.m. 1.01 Overcoming Impasse 4.01 Collaborative Divorce Mediation 1.02 Mediation Ethics 4.02 Empathy as Basis for Mediation 1.03 Why Say “No” to Mediation? 4.03 It Takes One to Know One! 1.04 Beyond Body Language 4.04 Presence of Mind 1.05 Leadership & the New Science 4.05 Development & Transformation 1.06 Mediator’s Pointers for Lawyers 4.06 Mediation Confidentiality 1.07 Getting Past the “Stuff” 4.07 Helping Align Institutions

Series 2 - 2:45 - 4:00 p.m. Series 5 - 10:45 a.m. - noon 2.01 Reduce Confidence 5.01 Empowerment, Impartiality 2.02 Clean Up a Waterway 5.02 Teens Leading the Way 2.03 Performance Issues 5.03 Cultural Diversity Issues 2.04 Global Trends 5.04 Professional Coaching Skills 2.05 Problem Definition/Setting Agendas 5.05 Ethical Settlement Negotiations 2.06 Conflict: Disgust, Fear, Risk 5.06 Complex Multi-Party Lawsuits 2.07 Cultural Mediation 5.07 Community Problem Solvers 2.08 Civic Dialogue Series 6 - 1:45 - 3:45 p.m. Series 3 - 4:15 - 5:30 p.m. 6.01 Using Improvisation 3.01 Marketing Your ADR Practice 6.02 Feng Shui for Mediators 3.02 Breaking An Historic Stalemate 6.03 Compassionate Listening 3.03 Employment Litigation Resolution 6.04 Varieties of Religious Experience 3.04 Insider’s Look at Rule 39.1 6.05 Diverse Thinking 3.05 I’m Positive...I Think! 6.06 Interests/Making Sense of Terrorism Sessions 3.06, 3.07 and 3.08 continue 6.07 Heart of Mediating from Series 2 6.08 Aikido & Conflict Resolution

REGISTRATION FEES (call about our group rates)

Both Friday & Saturday, 4/11-12/03...... $210 (paid by 3/28/03)

Both Friday & Saturday, 4/11-12/03...... $250 (paid after 3/28/03)

Only Friday, 4/11/03 ...... $90 (paid by 3/28/03)

Only Friday, 4/11/03 ...... $110 (paid after 3/28/03)

Only Saturday, 4/12/03 ...... $155 (paid by 3/28/03)

Only Saturday, 4/12/03...... $195 (paid after 3/28/03)

Total fees enclosed (U.S. Funds) $ ______

Method of Payment:

 Check Enclosed # ______Made payable to: Washington Law School Foundation

 VISA  Master Card

______Expiration Date: ______Card No. ______Name as it appears on card

______Authorized Signature

Register Online At: www.mediate.com/nwadr