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Folger Conference Presentation

Friday, 9:30 - 12:30

Transformative Intervention: Sustaining the Purpose Behind our Practice

Transformative mediation requires a clear sense purpose. When we attempt to transform conflict, what are we trying to do? What is our conception of success? What do we mean when we say our intervention has made conflict more productive ? Transformative practice hinges on mediators’ views of people’s inherent capabilities and on mediators’ comfort with conflict interaction. These core dimensions of transformative purpose are discussed in terms of their implications for transformative practice, training, and outcomes.


Workshops - Session 1

Friday, 14:00 - 15:30


Protection of children's rights in family mediation

Branka Sladović Franz (Croatia)

Abstract: The aim of this workshop is to discuss who and in what ways protects the children’s rights in mediation process. The main themes will be about the role, responsibilities and limits of family mediator, parental responsibilities and children themselves. The workshop consists of short presentation with results of the short survey of professional’s perspective on this topic, followed by group discussion. Then, the group will be divided into three subgroups where participants will create the directions for mediators, parents and children concerning different related topics. The workshop will finish with presentation of group ideas and possible directions.

Branka Sladović Franz, PhD, is associate professor at Cathedra for theory and methodology of social work at Faculty of Law, University of Zagreb. She is member of Croatian Association of Social Workers, Society for Psychological Assistance and member of editorial board of “Social Work Yearly”. She is also a vice-member in “Council for Children”, which is Croatian governmental advisory board. Branka is well-known author in her field of work, publishing 2 books and several papers and scientific publications. In year 2010 Branka created a two-year postgraduate study in family mediation at Department of Social Work.


The transformative master practitioner: the social brain, neurobiology, conflict and creativity

Louise Phipps Senft (Maryland, USA) and Nan Waller Burnett (Colorado, USA)

Abstract: An interactive exploration into interpersonal neurobiology and the social brain and how it operates in conflict, this seminar will explain concepts of emotional and social intelligence as it relates to practitioners’ self-awareness.

Louise Phipps Senft, Esq., Baltimore Mediation Founder & Lead Trainer. One of Maryland’s Top 100 Women (The Daily Record) and also Baltimore’s Best Mediator (Baltimore Magazine), Louise has over 20 years of professional experience. She is one of the founding members of Mediators Beyond Borders and a well-known author in the field.

Nan Waller Burnett, MA is a transformative mediator having managed over 1900 cases. She is a founding partner of Dispute Resolution Professionals, Inc. in Denver and a board member of Mediators Beyond Borders. She is the author of Calm in the Face of the Storm: Spiritual Daily Practice for the Peacemaker, Gold Medal winner for Spirituality/Inspiration.


Building Connection Through Attuned Listening (Mediation Skills – advanced workshop in listening skills)

Julie Mc Auliffe (Ireland)

Abstract: This workshop aims to address key concepts and skills in mediation practice and work with participants to integrate these in practice. Participants are introduced to the importance for the mediator of integrating the principle of impartiality/multi-partiality into practice through knowing how to apply multi-layered listening and knowing how to respond empathically and accurately, to support people as they incrementally move out of the typical defensive reaction of avoidance in conflict, to a more collaborative or approach state of mind. When clients have been listened to well, it anchors them in the process and with the mediator, so that they can begin to be empowered to speak about what is important for themselves and listen to and recognise what is important to the other person.

Julie Mc Auliffe is an accredited practitioner mediator of the Mediators Institute of Ireland since 1999 and has worked full time in this field since. She obtained a Masters Degree in Mediation and Conflict Resolution in 2005 from UCD. Julie has lectured on mediation at University College Dublin & the National University of Ireland Maynooth, the Institute of Public Administration and the Irish Law Courts since 2000. Julie has served on the Mediator’s Institute of Ireland Executive Board and as Registrar with the Mediators Institute Ireland.


Emotions in Motion in Mediation - Two Brains Face-to-Face

Aleksandra Weber (Germany)

Abstract: Life means change and life is a continuous transformative process in all its aspects. We think, we feel, we rely on our intuition, we love - therefore we are. All those aspects of our personality are integrated and play altogether an important role. Two of our brains are involved and operate hand-in-hand – the upper and the lower brain. We need to understand how top-down and bottom-up decisions are made and why we have to rely on our gut feeling to be able to feel good and handle in a sustainable way.

Aleksandra Weber is a medical doctor trained in cardiology, experienced in business internationally as a manager (SANOFI), consultant (Bain & Co.), financial analyst (Allianz Asset Management), PR professional (de facto communications) and entrepreneur covering the whole value chain of the healthcare sector. Business mediator and board member of the EUCON Institute - European Institute for Conflict Management and Business Mediation, responsible for ADR, Mediation and Negotiation Group for Healthcare and Life Sciences. Based in Munich, Germany.


Workshops - Session 2

Friday, 16:00 - 17:30


Outcomes of modifications of the transformative model of mediation: Transformative Model in Court Referred mediation in Israel - A 10 years’ experience

Michael Lichtenstein (Greece)

Abstract: Israeli Mediators have been trained according to 2 distinct training models, based on presumably distinct mediation models. This workshop will present and describe these models and Mahut pilot. By analyzing the combined effect of training and the Mahut model, we will try to explain the differences in competence that were found. It will be argued, that over emphasis on reframing might impose unnecessary cognitive and emotional load and may create misjudgments and distractions and that the transformed transformative model may fail to provide adequate skills and techniques and has inherent fallacies with unfortunate consequences. It will be also shown how such fundamental errors can be corrected through supervision.

Michael Lichtenstein is a full time mediator, clinical Neuropsychologist and group leader. He specialized in advanced mediators' training and supervision. Since 1998 he received extensive training in many fields of mediation and has mediated hundreds of disputes, both in court referred and private practice. Since 2002 Michael has been head of Training and Professional Development in The National Center of ADR – a branch of Israel Ministry of Justice. He was the professional director of the mediation practicum – a joint project of the Ministry of Justice, Israel court System and leading mediation training institutions. He is currently based in Paros Island, Greece, where he established the Tao's mediation Program, in Tao's Center – a retreat and meditation center.


School mediation and its application to bullying / violence in schools

Ksenja Lorber (Slovenia)

Abstract: In school environment we often witness a variety of styles and types of violence. Bullying and intimidation confront both, employees and parents, with a demanding task. Do we have a problem with violence? How to deal with it? Who is "guilty, more/less guilty"...? Who to involve in problem solving? These are some issues that require quick and correct answers. School mediation is one of the tools that can help us resolve them. When and how to use mediation is the topic of our meeting.

Ksenja Lorber is mediator and mediation trainer at the Center for Mediation and Conflict Management at the Rakmo Institute. She uses mediation and conflict management skills in her work with adolescents and is also a trainer in a program Raising awareness of the importance of conflict management developed by Rakmo Institute. This program is implemented in a number of schools in Slovenia.


Contact & Connection: Building Relationship in Mediation

Delma Sweeney (Ireland)

Abstract: Gestalt theory has the potential to enhance the knowledge base of mediation and inform practice. This workshop, comprising presentation, film and experiential learning is offered in the belief that mediators will find Gestalt concepts illuminating, in particular that of energetic contact. Participants will have an opportunity of trying out some of the skills applied to mediation that come from this theory.

Delma Sweeney, M. Soc. Sci., DASS, CQSW, MIAHIP, MICP, MII Practitioner Mediator, is Director of Mediation and Conflict Intervention at the National University of Ireland Maynooth. Delma is also the Director of CRMC: Conflict Resolution & Mediation Consultants, a training and practice consultancy. A founding member of the Irish Family Mediation Service in 1986 Delma has been in practice as a family & workplace mediator & conflict consultant since then having worked with many thousands of cases. She is also a founding member of the Mediators Institute of Ireland, a founding member of the World Mediation Forum and of the European Mediators Network Initiative. She is currently researching mediator’s use of intuition in practice for her PhD.


Temptation or Opportunity: Pastoral work and couples mediation

Rev. Jernej Kurinčič (Slovenia)

Abstract: Curch, as organization, traditionaly strongly distances themselves from conflicts or they acted as arbitrators in them. Very similar goes also for their employees, especially for priests. Nowadays there is an awankened perception of different, more constructive presence of the third party in the conflict, mediation. What do the modified circumstances require from pastoral worker? Will he be able to renounce his traditional arbitral role? His duty is probably elsewhere and does not lie in the filed mediation and of being a pofessional mediator.

Jernej Kurinčič was born in 1978 in Ljubljana. After finishing secondary school he entered Franciscan Order and started studying teology at Ljubljana University. He graduated from there, writing his thesis of biblical dimension of dispute 'Dispute as creative power of holly history'. He attended several seminars in Frankfurt and in Rome within the Franciscan board for peace, justice and integrity creation, where the question of dispute is importantly represented. He published several articles with the theme of dispute and mediation.


Workshops - Session 3

Saturday, 9:00 - 10:30


Transformative mediation and the middle east - Ideology and practice: a case study of Palestinian mediators

Erin Dyer (Ireland)

Abstract: What relevance does transformative mediation have in a non-Western regions? This question was the subject of original research to examine the appropriateness of transformative mediation in a non-Western context which uses an indigenous model. In particular, this workshop will discuss the existing theory and practice of mediators in Palestine, and will consider how culture and ideology are key in determining how conflict practices are developed.

Erin Dyer, PhD graduated from Trinity College Dublin, having researched the relevance of transformative mediation in the West Bank. She went on to serve as a Lucius Battle Peace Fellow at Middle East Fellowship, and coordinated a service-learning program at Holy Land Trust in Bethlehem, Palestine.


The importance of First impression

Saša Einsiedler (Slovenia)

Abstract: It only takes a few minutes for a person to evaluate another person, as they meet for the first time. In this short period of time, an opinion can be formed, based on one's appearance, body language, demeanor, even outfit. First impression can not be reversed, therefore it is extremely important; it can set the tone for the future relationship. As Paul Ekman said: "A smile lets us know that we're likely to get a positive reception, and it's hard not to reciprocate."

Saša Einsiedler started as a radio presenter back in 1985 and later as a TV host on Slovenian national television as well as commercial televisions. With mediation, coaching seminars and counselling she tries to help those, who are aware of importance of the appearance and want to improve interpersonal relationships at work and at home. Saša herself is mediating practically every day, for she is a mother of five children.


Tips for Reducing Personal Reactivity for the Transformative Mediator: The Enneagram as Catalyst

Louise Phipps Senft (Maryland, USA) and Nan Waller Burnett (Colorado, USA)

Abstract: This seminar will use the ancient personality analysis tool – the Enneagram – to stress the impact of self-awareness and personal reactivity on the mediation process and explore patterns of behaviour and emotional responses related to personality types.

Louise Phipps Senft, Esq., Baltimore Mediation Founder & Lead Trainer. One of Maryland’s Top 100 Women (The Daily Record) and also Baltimore’s Best Mediator (Baltimore Magazine), Louise has over 20 years of professional experience. She is one of the founding members of Mediators Beyond Borders and a well-known author in the field.

Nan Waller Burnett, MA is a transformative mediator having managed over 1900 cases. She is a founding partner of Dispute Resolution Professionals, Inc. in Denver and a board member of Mediators Beyond Borders. She is the author of Calm in the Face of the Storm: Spiritual Daily Practice for the Peacemaker, Gold Medal winner for Spirituality/Inspiration.


Employment Mediation: The Use of Transformative Mediation for the Resolution of Workplace Conflict

Martin Risak (Austria)

Abstract: The use of transformative mediation as a means to resolve workplace disputes especially by the US Postal Service has led to a renewed interest in this approach for the employment field. All the same it does not feature prominently in practice especially with court-connected mediation. Using the example of two very different countries, Austria and New Zealand, the workshop will point out obstacles to the wider use of transformative mediation for workplace disputes. Possible strategies shall be developed to overcome them in order to “transform” the currently practiced mediation approaches.

Assoc. Professor Dr. Martin Risak is a Marie Curie-Fellow engaged in a two-year research project on the mediation of employment rights disputes financed by the European Union. After conducting socio-legal research on this topic in New Zealand he is now based at the University of Vienna, Austria.


Workshops - Session 4

Saturday, 11:00 - 12:30


Incentives for parties to use mediation instead of litigation

Elsa Dalambria (Grece)

Abstract: In a market like Greece, where mediation law is very new (just before 2 months), is a serious matter how we lawyers – mediators can we persuade people to use mediation instead of litigation. First of all, we have to find out the reasons of using these procedure ourselves and then present it to the future parties. In my presentation I would like to develop all kinds of motives, which for the time being I can separate them to financial, social and time – saving. Also, I would like to present the route that my country Greece has followed after the implementation of the law concerning mediation.

Elsa Dalambira is a lawyer since 1995. She has graduated from Law School of Thessaloniki, Greek Open University in European Civilization and she has a master in International Relations(Aristoteles University of Thessaloniki) and a master in Economic Analysis of Law (Universitaet Hamburg). Also, she is an accredited mediator by CEDR.


Proactive marital and partner mediation - Helping couples resolving conflicts using transformative mediation

Irena Borštnar (Slovenia)

Abstract: The possibilities of family meditation transcend its current use. Mediation as a method of resolving conflicts and especially transformative mediation has a big potential of helping couples resolve their conflicts regardless of the issue(s) at stake and is useful at all stages of conflicts. Using marital mediation at early stages of conflict (proactive marital mediation) can prevent more serious conflicts and contribute to development of better relationship between spouses and higher marital satisfaction therefore it can represent a big support for families.

Irena Borštnar is mediator and mediation trainer at the Center for Mediation and Conflict Management at the Rakmo Institute. She uses mediation and conflict management skills in her work with adolescents and is also a trainer in a program Raising awareness of the importance of conflict management’, developed by Rakmo Institute. This program is implemented in a number of schools in Slovenia.


Mediation in schools: Peer mediation building social skills in schools in Finland

Jens Gellin (Finland) and Maija Gellin (Finland)

Abstract: This presentation shares the latest research results of the mediation at schools in Finland. Restorative practices gives youngster skills of conflict management but also social skills, ability to understand the affects of their behavior and possibility to take responsibility. Doing together, listening, resolving problems with peers have given them skills for active citizenship. We found out three elements of restorative learning: 1. Restorative environment 2. restorative social phenomenons 3. results of restorative learning. These results are valuable to observe and discuss together.

Jens Gellin is the counsellor at workplaces and he works also as a senior trainer in the School Mediation project in Finland. He has been one of the method developers and training planners for 10 years. He is working as a voluntary Victim Offender Mediator and also professionally as a mediator of conflicts in neighborhoods and workplaces. He is the head of the Society of Restorative Practices (ROK) in Finland. At the moment Jens Gellin is finishing his studies on solution orientated psychotherapy at the Short Therapy Institute of Helsinki.

Maija Gellin is the Director of the School Mediation project in Finland. She has been the main method developer and one of the training planners for 10 years. Her latest research (master thesis at Univ. of Lapland) is recently published, and to be continues for Doctoral thesis. She is working also as a voluntary mediator in the Victim Offender Mediation Office of Espoo city. Maija Gellin is a member of the board of Finnish Forum for Mediation and she is actively taking part in the international co-operation on the field of mediation at schools.


Proactive workplace mediation – How can Companies benefit from using mediation at early stages of conflicts

Marko Iršič (Slovenia)

Abstract: Mediation is mainly used for conflict resolution, when the conflict escalates to the point of communication breakdown or even when the employment is terminated. Proactive mediation on the other hand is used when the relationship is still satisfying to resolve some misunderstandings or to optimize interaction and improve communication. Proactive workplace mediation can have many positive effects for companies: better workplace atmosphere, higher motivation and efficiency, better performance and satisfaction – to name only a few.

Marko Iršič is mediator, mediation trainer and founder of the Center for Mediation and Conflict Management at the RAKMO Institute in Ljubljana. Author of The Art of Conflict Management (2004 in Slovenian) and more recently Mediation (2010 in Slovenian). He obtained the license of Master Practitioner of Neuro Linguistic Programming and has a degree - Master of Educational Studies in Leuven in Belgium. He currently works as a trainer in communication, conflict management and mediation.


Workshops - Session 5

Saturday, 14:00 - 15:30


The New Italian Mediation Law (Decree 28/10) and Perspectives for Adopting a Transformative Approach Within a Traditional Problem-Solving/Evaluative Legal Framework

Carlo Mosca (Italia)

Abstract: In March 2010 the Italian government has adopted new regulations on civil and commercial mediation. Italy so aligned with the relevant European standards and applied them not only to cross-border proceedings (as required by the Directive) but also to the domestic ones. This workshop will present what are new rules bringing, which are their main deficiencies and which are its consequences for the transformative approach.

Carlo Mosca is an Italian attorney, an arbitrator, a commercial mediator and an ADR trainer. His main professional area of work is international contracts and investments, and relevant disputes. He qualified as “avvocato” (solicitor) in 1983, and began his international practice in 1985. He has been working on ADR projects and promotion of mediation practice in Italy since 1994. His approach to mediation is basically facilitative, with the constant aim to provide the parties in dispute a ‘safe’ environment for their negotiations, and to give them any useful tools for reaching sound commercial re-arrangement of their interests and need, and opportunity for empowerment and recognition.


Transformative Mediation for Married Couples

Louise Phipps Senft (Maryland, USA) and Nan Waller Burnett (Colorado, USA)

Abstract: This workshop intends to explain how transformative mediation works when dealing with divorcing couples: the role of emotions, power imbalances, psychological impact, and the importance of maintaining the relationship. Best mediator practices will be identified as a result of this analysis.

Louise Phipps Senft, Esq., Baltimore Mediation Founder & Lead Trainer. One of Maryland’s Top 100 Women (The Daily Record) and also Baltimore’s Best Mediator (Baltimore Magazine), Louise has over 20 years of professional experience. She is one of the founding members of Mediators Beyond Borders and a well-known author in the field.

Nan Waller Burnett, MA is a transformative mediator having managed over 1900 cases. She is a founding partner of Dispute Resolution Professionals, Inc. in Denver and a board member of Mediators Beyond Borders. She is the author of Calm in the Face of the Storm: Spiritual Daily Practice for the Peacemaker, Gold Medal winner for Spirituality/Inspiration.


Mediation and psychotherapy - hand in hand

Aleksandra Pušnik (Slovenia) and Mišo Pušnik (Slovenia)

Abstract: Is it posssible to combine therapeutic skills and mediation skills in order to get better results in both, therapy and mediation? What differs therapist from mediator? What happens when a therapist becomes a mediator? Are there boundaries between the two? What is transformative mediation? We will discuss different aspects and points of view.

Aleksandra Pušnik is a postgraduate student at Sigmund Freud University in Vienna, Austria. She specialized in systemic therapy and psychotraumatology and is EMDR therapist of I. degree.

Mišo Pušnik is mediator, candidate for mediation trainer at RAKMO Institute and director of Centre for transformative mediation and psychotherapy.


Results of the Survey on Mediation in Mediation Centres of UIA (14:00 - 14:45)

Alberto Amati (Republic of San Marino)

Abstract: ASCER Mediation Centre made a survey (in July 2011) based on a sample of 20 mediation centres from different countries mostly located in Europe. All of the surveyed mediation centres belong to the International Forum of Mediation Centres of UIA ( Union Internazionale des Avocats). The research show that only 10% of mediators are lawyers, most of the bodies are private, only 19% are public, most of the countries don’t subsidize eacher fiscally or through grants the subjects who use mediation (64%). Other interesting points resulting from the survey will be presented within the workshop.

Alberto Amati has been a member of the Board of Directors of the European Social Fund of the European Council in Paris. He is also Ambassador in Slovenia of the Republic of San Marino, a special adviser at the Columbia University in New York and has taught economic and tax subjects in post-universitary schools, President of the Chamber of Commerce Italo-Croata and former Vice President of UIA.


Transformative mediation in the process of moral development (14:45 - 15:30)

Roman Kozmus (Slovenia)

Abstract: There are three basic relationship needs: the need for approval, the need for moderation and the need of silent accopmpanying presence of another. Transformative mediation has therefore big potential in this contex, because it establishes interpersonal relationships based on respect, solidarity, compassion through empowerment and recognition. Those are relationships which enrich both sides of me-you. More over, concepts of transformative mediation are not useful only in the process of mediation, where solution to the conflict between two subjects is sought, but are also starting point, which broaden ones self awareness, awareness of fellow and awareness of the environment in which he lives in. This is even more important in modern society, which is on one hand characterized with high level of means of communication  and on the other hand with individualism and self-sufficiency.

Roman Kozmus graduated with a work »Newmans way in the Catholic curch« in 1995 and obtained his Master Degree in 2000 (Eshatols themes in the Alojz Rebula's essays). After that he took his doctor's degree in 2003 (Rebula's walking to spirit: Theological virtues of faith, hope and love in the works of Alojz Rebula). He has participated on preparation of various scientific and technical texts. He is the author of  several scientific articles published in professional and popular literature. Since 2000 he is part time lecturer for dogmatics at »Katehetsko pastoralna šola« (catechetical pastoral school) in Ljubljana and philosophy in Maribor school.


The organiser reserves the right to change the program.


   

 

 

 

 

 

 

 

 

 

 

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