<p> Association of Missouri Mediators, Inc. The Communicator Vol. X, Issue I Spring 2008 April is Mediation Month in Missouri</p><p>On March 12, 2008 Governor Mat Blunt signed a proclamation declaring April as Mediation Month in Missouri. Nineteen mediators joined him in the Governor’s Office in the State Capitol for the signing ceremony. This continues a tradition started in 1999 by ElGene ver Dught to gain recognition for mediation in conjunction with the biennial Heartland Regional Mediators Conference. The resolution, sponsored by AMM, commends the increasing role of mediation in “fostering communication and cooperation, offering a forum for creative options, and providing a less costly and less time-consuming alternative to litigation.” President Bruce Feldacker presented a plaque to the Governor in appreciation of his cooperation in recognizing the efforts of Missouri mediators each year during his term of office. </p><p>Front row, left to right: Francisco Linan, Ethnic Mediation Council; Stephanie Sloggett, ADR Committee, K.C. Metro. Bar Asso; Martha Halvordson, ADR Committee K.C. Metro. Bar Asso.; Kathleen Bird, Secretary, AMM; Governor Matt Blunt; Bruce S. Feldacker, President, AMM; Catherine Barrie, Senior Legislative Counsel, Missouri Bar; Sarah Read, Chair, ADR Committee, Missouri Bar; Rita Pearce, Executive Board Member, AMM; C. J. Larkin, Lecturer and Administrative Director, ADR, Washington University Law School; Nina Balsam, Director, Missouri Restorative Justice Coalition; Maridee Edwards, member, AMM, Jefferson City. Back row, left to right: Randy W. Hoerschgen, AMM Executive Board Member; Bob Hellrung, Mediation Advisor, March Mediation; Larry O. Sullivan, Conflict Resolution Specialist, Baker University SPGS; James W. Reeves, Chair, ADR Committee, Bar Asso. of Metro. St. Louis; ElGene Ver Dught, Immediate Past President, AMM; Merrille Maclellan, Director of Mediation Services, U.S. Arbitration & Mediation, Midwest; Larry V. Swall, Executive Director, March Mediation; and Gedlu Metafaria, Ethnic Mediation Council, The Communicator Spring 2008 Page 1 St.Louis.</p><p>The Communicator Spring 2008 Page 2 News from the President’s Desk … by Bruce Feldacker</p><p>Dear Members and Friends: Much of the daily work of AMM is done by your elected officers and board members, but I still think of the AMM as a membership driven organization. We plan our programs with your needs in mind; and most of our activities originate from member suggestions. Right now, I could use your help in several ways . . . </p><p>1) Professor Michael Colatrella, Director of the Center for Dispute Resolution at Southern Methodist University, a nationally known proponent of mediation, will be the keynote speaker at our Annual Conference in Columbia on Saturday October 11, 2008. His participation alone guarantees the success of the event! But there is still more planning to do. We need four 60-90 minute workshop sessions on selected topics or perhaps another plenary session. If you have program or speaker suggestions (including yourself), please contact me as soon as possible by email ([email protected]) or phone (314-862- 3333, x15). </p><p>2) The AMM has established the “Kathleen Bird Award” to recognize unique substantial career achievement in the mediation field and “President’s Awards” to recognize significant service to the field Gov. Matt Blunt & Bruce Feldacker which are awarded at our Annual Conference. Please contact me if you have persons to nominate for either of these awards. </p><p>The Communicator 3) AMM has regional meetings (social / educational) in is the official newsletter of the Kansas City, Springfield, and St. Louis. Please contact me if you would like to help in the planning for Assn of Missouri Mediators these programs or would like to set up programs www.mediate.com/amm elsewhere in the state. Remember the AMM is a [email protected] MoBar accredited continuing education provider so P.O. Box 22373 you may receive CLE credit for programs under our Kansas City, MO 64113 auspices. </p><p>Officers: 4) Our ability to serve you grows as our membership Bruce Feldacker, President grows. Ideally, every active mediator in the state, as Jane Rippeto, President elect well as aspiring mediators, should join. Please do Kathleen Bird, Secretary encourage colleagues to join now (Plus, your Danny Johnson, Treasurer membership for 2009 will be free!). A membership form is located on our web-site. If you’ve overlooked Board members: your membership renewal notice please pay your Randy Hoerschgen, Central Kathy Robinson, KC Metro dues now. Chandrika Collins, Northeast Rita Pearce, Northwest I found this year’s Mediation Month Proclamation Day Michael Maguire, Southeast in Jefferson City especially meaningful. The number of Charlotte Nolan, Southwest participating organizations attests to the continued Susan Amato, SL Metro growth of mediation in Missouri. There is no doubt that AMM provides leadership in promoting mediation Newsletter Editor: in our state. Anyone asking how AMM membership Kathleen Bird benefits his/her mediation practice (cont next page)</p><p>The Communicator Spring 2008 Page 3 need look no further than the publicity for the mediation process that appeared in several state- wide publications and the Monthly Bulletin of the Association for Conflict Resolution. AMM embers attending the ceremony also took time to visit their legislators at the Capitol. Discussion of a State ADR office was very well received. I have no doubt that, with our members’ support, the AMM will play a leadership role in achieving this goal. This is an issue on which I will focus during my remaining term in office as your president. Have a great Spring! Bruce Feldacker</p><p>Getting a Handle on News Coverage of Conflict By Kathleen Bird</p><p>Media coverage of conflict could be a lot more interesting, according to Richard Reuben, co- Director of the Center for the Study of Conflict, Law and The Media at The University of Missouri, who addressed an AMM sponsored gathering in Kansas City on March 7, 2008. Professor Reuben’s background as a journalist and dispute resolution practitioner gives him a unique perspective on conflict reporting. “It’s a novel idea for journalists to distinguish between positions and interests,” he says. Coverage tends to devolve to polarized coverage of competing sides, reporting events and episodes of conflict rather than the issues, context, and life-cycle of conflicts. The way in which journalists have been traditionally trained contributes to the problem, as Professor Reuben explains. Journalism students are taught to investigate and report stories in terms of the classic questions: who, what, when, where, why and how. News media executives pride themselves on objectivity by “just reporting the facts.” To do anything more would mean taking sides to frame public opinion, which would not be fair and balanced in their estimation. Especially in times of crisis, however, the media can become the vehicle for promoting the ideological preferences of its owners and managers in order to manipulate public opinion.</p><p>Journalism comes with a point of view. Event oriented journalism tends to focus on positions, without regard to the source and course of conflicts. “Civic journalism” has a different perspective, promoting the media’s role in helping the public manage and resolve conflict constructively. It is critical of journalism that does not give the public the information they need to engage in informed participation and decision-making about their world. “Peace journalism” is another movement that urges journalists to write about the underlying causes of conflict and report the variety of perspectives involved to help foster peace. Professor Reuben advocates an understanding of conflict theory, focusing on needs and concerns in addition to events, and broadening of reporting sources to capture the causes and impacts of conflict as means of engaging in interest-based reporting. Interestingly enough, while mediators view the interest-based perspective as a positive goal for the media, journalists associate the term with “special interests.” </p><p>The Center at MU is developing a conflict assessment tool to serve as a universal template for assessing the likely impact of news coverage on conflict. It uses content analysis to test conflict theory variables. How issues are framed affects what people think is important. Reporting can engage in agenda-setting which tells people what to think about and how to think about it. Inflammatory language, lack of historical context, assigning blame, and orientation of the story as a win-lose situation all facilitate a destructive portrayal of conflict. Constructive conflict assessment variables, on the other hand, orient the public toward integrative outcomes and provide hope for the possibilities of positive conflict management. A pilot test of the assessment tool is planned by monitoring media coverage of the HIV/AIDS pandemic in South Africa across thirty mediums over the next two years. The results will be used to generate dialogue among stakeholders and the media and to train journalists to cover conflict more constructively.</p><p>Improving Mediator Quality</p><p>The Task Force on Improving Mediation Quality sponsored by the ABA Section of Dispute Resolution recently published its findings based on its survey investigating factors that define high quality mediation practice in civil cases. The Task Force was an outgrowth of a decision that national certification of mediators was not feasible in the current marketplace. The Task Force determined to focus its work principally on mediation conducted in the context of civil cases in which parties were represented by counsel based upon the belief that this focus would inform it The Communicator Spring 2008 Page 4 about quality issues in a narrow, reasonably well developed mediation practice area. Co-chair Rachel Wohl, Executive Director of Maryland's Mediation and Conflict Resolution Office, said, "It was interesting to note that many of the commercial lawyers we spoke with, who frequently use mediation, have developed such sophisticated levels of understanding, that they give advice to their mediators about how to structure the mediation process to suit the needs of particular cases. Most of these same lawyers voiced very high expectations of mediators, seeking not only those who are highly skilled and knowledgeable, but also those who are intuitive and able to help meet their clients' emotional needs.” Task Force Co-chair Wayne Thorpe, a mediator with JAMS in Atlanta, described the Task Force work this way: "Many mediators and users are fully familiar with the basic concepts that form the main focus of our Report. The Task Force's focus group discussions revealed that many users are dissatisfied with existing mediation practice as it relates to those topics. Recognizing that these topics cannot be covered by bright line, right/wrong descriptions, the Report recommends multiple considerations for mediators, parties and lawyers to incorporate into their mediation practice." The Report identifies follow-up projects, especially in the four focus areas of preparation, customization, analytical techniques, and persistence. The full report is available at www.abanet.org on the Section of Dispute Resolution homepage.</p><p>Excerpts from Task Force Report on Mediator Quality</p><p>The survey consistently identified four issues as important to mediation quality: � Preparation for mediation by the mediator, parties, and counsel � Case-by-case customization of the mediation process � “Analytical” assistance from the mediator � “Persistence” by the mediator</p><p>The Task Force made recommendations on ways in which mediation practice can be improved: � Create comprehensive mediation user guides including a video for parties and their attorneys. � Consider whether to conduct research similar to the Task Force’s research focused on other mediation contexts, such as family mediation, and consider how, if at all, the observations and conclusions of the Task Force concerning preparation, customization, analytical techniques, and persistence might be relevant to those other practice contexts. � Develop recommendations for how mediation training programs can be responsive to user concerns related to preparation, customization, analytical assistance, and persistence. � Examine how to use mediator analytical techniques in civil cases in which parties are represented by counsel, consistent with high quality mediation. � Promote local group discussions with mediation users, similar to those held by the Task Force, conducted by state and local Bar Associations and others. � Develop brief practical application pamphlets for mediation users (lawyers and parties) and for mediators based upon the Task Force’s research efforts, experience, and expertise. The pamphlets will highlight what mediation users or mediators should consider with regard to preparation, customization, analytical assistance, and persistence in order to have high quality mediation.</p><p>New Test “Outs” Personal Injury Malingerers</p><p>Mediators in personal injury disputes will likely start to see parties asserting “scientific proof” that claimants are faking it. Last year a test called the “Fake Bad Scale” was added to the Minnesota Multiphasic Personality Inventory, and it has sparked debate about its reliability. The MMPI is often used to diagnose and treat patients at mental health facilities. Defense experts are increasingly citing this test as basis for their opinion that the injured plaintiff is malingering Psychologist Paul Lees-Haley developed the 43 question test to spot those who are faking their pain. Plaintiffs’ lawyers utilize the MMPI to establish brain damage and psychological injuries but criticize the Fake Bad Scale as skewed against women and minorities because of the nature of the questions and assumptions about the type of responses made. The juxtaposition of fact and perception remains a point of interest to mediators working with positional disputants. The Communicator Spring 2008 Page 5 Member Gatherings</p><p>Springfield AMM members are invited to Mikayla’s Pub & Grill on April 25th at 11:30AM for a presentation by Michelle Wilson and Charlie Nolan on Co-Parent Coaching and High Conflict Parenting Classes. 2.5 hours CLE is offered. Contact Charlie Nolan at (417) 581-6911 to reserve a seat. There is a charge of $30 for lunch and materials. The group meets monthly. The May meeting topic is on interviewing children and June will focus on the use of mediation in collaborative law. </p><p>Kansas City AMM sponsored the First Friday Mediators Forum in January, February and March. January’s topic was “Hard knocks and dirty tricks – lessons learned on the job.” In February Larry Sullivan spoke on mediation of religious disputes. Professor Richard Reuben made a presentation by webinar on the media’s portrayal of conflict. May 2 features Stephan Brazil discussing motivational interviewing for mediators. See the training page of the AMM website for details.</p><p>St. Louis Spring Education & Social hour on May 15, 2008, 6-8 P.M. hosted by Rebecca Magruder, at 915 Woodshire Lane, Creve Coeur, Mo. (just off Olive St. Rd between Lindbergh and I-270). The group will view the video “How Do We Mediate Thee? Let Us Count the Ways” produced by Maryland Mediation & Conflict Resolution Office, demonstrating different mediator approaches to troublesome problems frequently encountered in the process using a workplace mediation example. AMM members Alan Freed and C. J. Larkin will facilitate the discussion. (1.2 CLE hrs). Cost is $10 for AMM members to cover refreshments. Bring a guest and the $10 charge will cover both of you (and if your guest joins, your membership for 2009 will be free!!) Please RSVP to Bruce Feldacker at [email protected] or call (314) 862-3333 ext 15 as soon as possible.</p><p>Missouri News</p><p>The Missouri Bar has established a mediation program for law firm break ups, fee disputes between co-counsel, and professional or personal conflicts between lawyers. The Supreme Court adopted a rule effective January 1, 2008 authorizing informal resolution of such disputes. Judge Gary W. Lunch, Chief Judge of the Missouri Court of Appeals, Southern District, chairs the oversight committee.</p><p>Missouri Chapter of the Association of Family and Conciliation Courts and MARCH Mediation co-sponsored the training Father Involvement: Overnights to Parental Alienation in early March in St. Louis. Dr. Marsha Kline Pruett’s presentation to over 150 attendees focused on the important role that fathers play in the lives of children and how professionals working with families in transition need to protect father-child relationships. The workshop included her own research findings and other scientific evidence regarding the paternal role in the lives of children. Missouri AFCC and MARCH co-sponsor a program each Spring and welcome AMM members to their 2009 event/</p><p>Supreme Court Judge Richard B. Teitelman, ADR liaison for the Court, has been named 2008 Ethical Humanist of the year by the Ethical Society of St. Louis.</p><p>The Eleventh Circuit (St. Charles Co.) is moving towards a Unified Family Court incorporating the use of mediation. They employ a two-part system. Parties have the right early in the case to opt-in to mediation on a "Mediation Notice and Election Form" that is sent to the Court with their signatures. During the Case Management Conference approximately 90 days into the case, the judge may order mediation. The M.A.R.C.H. program provides mediation for paternity, modifications, and Family Access cases. The Circuit has some grant money for low income parties in dissolution cases. Approximately 30 mediations took place last year. During the first quarter of 2008 about 50 cases have gone to mediation. </p><p>The Communicator Spring 2008 Page 6</p>