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MACRO MACRO MACRO MACRO MACROSCOPE Issue 8 June 2006 Newsletter of the Maryland Mediation and Conflict Resolution Office (MACRO) Before our sessions even begin, it is clear that the “Keeping It Real” program at Maryland’s largest women’s prison will live up to its name. An excited group of young women pours into a plain classroom and arranges mismatched chairs in a tight circle near an old chalkboard. Conversations about music, school, and friends inundate the pale yellow walls of the room. However, if you listen carefully to the women, you might notice that they also share stories about the loss of a loved one to gun violence or the way they survived the streets against impossible odds. Their seemingly casual conversations and youthful gossip keep things extremely, even painfully, real. Keeping It Real: a Prison Project By Jacqueline Robarge, Program Director Conflict Resolution Day 2005 As part of a national movement sparked by the Association for Conflict Resolution and affirmed by an official proclamation from Gov. Robert L. Ehrlich, Jr., October 20, 2005, was named Maryland Conflict Resolution Day. Chief Judge Robert M. Bell of the Court of Appeals commented on the significance of the day. “We recognize that the courthouse should be the place of last resort for conflict resolution,” he said. “And we encourage Marylanders to use mediation and other collaborative processes, whenever appropriate.” To celebrate Conflict Resolution Day in Maryland, MACRO organized the first annual Conflict Resolution Day School Art Contest for elementary and middle cont. on 8 cont. on 6 photo by Dan Clark Jacob Davis and Judge Bell—shaking hands inside Online Dispute Resolution ....................... 3 VetNet Project ........................................... 5 Conflicts in Government ....................................... 10 Mediating with Seniors ....................................... 13 courtesy of J. Robarge L-R: Jacqueline Robarge and Erica Woodland, co-trainers

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Page 1: MACROSCOPE - Maryland Judiciary · MACROSCOPE Issue 8 June 2006 Newsletter of the Maryland Mediation and Conflict Resolution Office (MACRO) Before our sessions even begin, it is clear

MACROMACROMACROMACROMACROSCOPEIssue 8 June 2006

Newsletter of theMaryland Mediation and

Conflict Resolution Office (MACRO)

Before our sessions even begin, it is clear that the“Keeping It Real” program at Maryland’s largest women’sprison will live up to its name. An excited group of youngwomen pours into a plain classroom and arrangesmismatched chairs in a tight circle near an old chalkboard.Conversations about music, school, and friends inundatethe pale yellow walls of the room. However, if you listencarefully to the women, you might notice that they alsoshare stories about the loss of a loved one to gun violenceor the way they survived the streets against impossibleodds. Their seemingly casual conversations and youthfulgossip keep things extremely, even painfully, real.

Keeping It Real: a Prison ProjectBy Jacqueline Robarge, Program Director

Conflict Resolution Day 2005As part of a national movement sparked by the

Association for Conflict Resolution and affirmed by anofficial proclamation from Gov. Robert L. Ehrlich, Jr.,October 20, 2005, was named Maryland ConflictResolution Day.

Chief Judge Robert M. Bell of the Court of Appealscommented on the significance of the day. “Werecognize that the courthouse should be the place oflast resort for conflict resolution,” he said. “And weencourage Marylanders to use mediation and othercollaborative processes, whenever appropriate.”

To celebrate Conflict Resolution Day in Maryland,MACRO organized the first annual Conflict ResolutionDay School Art Contest for elementary and middle

cont. on 8

cont. on 6

photo by Dan Clark

Jacob Davis and Judge Bell—shaking hands

inside Online Dispute Resolution ....................... 3

VetNet Project ........................................... 5

Conflicts in Government .......................................10

Mediating with Seniors ....................................... 13

courtesy of J. Robarge

L-R: Jacqueline Robarge andErica Woodland, co-trainers

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MACROMACROMACROMACROMACROSCOPE is published twice a year by the Maryland Mediation andConflict Resolution Office. We welcome your comments. Design/layoutprovided by Mary Brighthaupt and editing assistance provided by RitaBuettner, both of the Court Information Office, Annapolis.

MACROMACROMACROMACROMACROSCOPERamona Buck, Editor; photographs by Jonathan S. Rosenthal, unless noted.Maryland Mediation and Conflict Resolution Office

900 Commerce Road Annapolis, MD 21401410-841-2260; fax: 410-841-2261; email: [email protected] our website: www.marylandmacro.org

Rachel's Notes

Realistic Idealists

Some have defined “realists” as people andgroups who operate based on “that which is,”and “idealists” as those seeking “that whichought to be.” While recognizing that things arenot always so distinct, MACRO’s mission ofhelping to create a more civil and peacefulsociety is an admittedly idealistic one. Does thatmean it’s unrealistic? We don’t think so.

Despite painful realities on the local andinternational levels, we keep seeing evidencein Maryland that positive change is both anideal and a reality. We see “enemies” leavemediation with renewed relationships. Parentsand teens on the verge of violence talk abouttheir real feelings for the first time, and bondsare reestablished. Hostile work environmentsbecome supportive ones. Bitter break-upsbecome bearable ones. Angry contractors andsubcontractors find ways to go on workingtogether.

While there isn’t always a positive outcome,mediation is a powerful process that can bringabout a “that which ought to be” result, evenwhen such a result was unimaginable from theviewpoint of “that which was.” These shiftscreate new realities for participants and often

have positive effects on the lives of many peoplewho were not at the table.

Mediation is not the only conflict resolutionprocess that creates positive social change.“Community Conferencing” brings together largenumbers of people in a facilitated circle process,and is often used with young people as analternative to expulsion from school, or toappearing before a juvenile court. It has animpressive track record of helping troubled youthturn their lives around and create “that whichought to be.” Conferencing is also used incommunities and in other settings.

People in an East Baltimore neighborhood werefearful and angry about “out of control” youthcursing and playing in the streets late at night.They convened a community conference, whichresulted in, among other things, creating acompetitive youth football team, coached andsupported by the neighborhood. To the amazementof all, fear and hostility turned into good will andcooperation. No one could have predicted thisoutcome, which deeply affected the lives of theyouth and adults in the neighborhood.

Another process, “collaborative problem solving”(also known as “public policy mediation”) brings

cont. on 15

Rachel Wohl, Executive Director

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photo on way

Guest Editorial

Andrew Grove stated, “Technology happens.”Now, like other technologies, ODR is happening.

It is hard to realize that it has only been 25years since IBM introduced the IBM personalcomputer (PC) that is now omnipresent in everybusiness office. It is also hard to believe that ithas only been 10 years since Marc Andreessenintroduced the Netscape browser, which unleashedthe World Wide Web that has grown so rapidly.The development of online dispute resolution (ODR),which has been available since 1996, isprogressing as rapidly as the technologies thatsupport it.

It is essential to realize that ODR is not a newtechnique for conducting alternative disputeresolution (ADR). ODR is probably a misnomer. Itwould be better named “online ADR” since ODRis the use of various forms of communicationstechnology to support ADR. ODR is often used intort cases where the major issue is the amountof money the insurance company will pay.

At first, ODR relied mainly on email. That meantthat communication was asynchronous, text-based,and insecure. Nowadays, the usual technologyemployed is a secure Web site encrypted bySecure Socket Layers. Such sites offer variouscommunications means such as file sharing,whiteboards, video, and audio. They offer theability to use a public area (window) where allparties to the dispute can come together. They

also offer private sites where a party cancommunicate with a neutral—similar to the useof a caucus in face-to-face ADR.

There are some very definite advantages toODR:

Negotiations can be asynchronous,permitting the participants to have time tocontemplate an offer and to research atopic before counter-offering.

A record of the proceedings is createdelectronically as the negotiations proceed.

The emotions of the parties can bemasked by the physical separation.

The cost can be significantly less than thecost of travel and lodging.

Disadvantages. (Note that many of thedisadvantages are also advantages and viceversa.)

Communications may be asynchronouswhich can lead to a chicken and eggproblem., e.g., one party will not pay untilthe other party signs a document and theother party will not sign the document untilthe first party pays.

A phenomenon known as online rage canemerge. It is similar to road rage.

The cost can be significant. If the partiesare not separated too far geographicallyand can meet it may be economicallyadvantageous to do so.

As we know, video depositions are now fairlycommonplace, although there may have beenopposition at first. Similarly, ODR may seemstrange now, but it is inevitable. Resistance isfutile.

Nick Sloan lives in Annapolis and is retired fromthe U.S. Department of Justice where he was involvedin using computers to support the legal profession.Now he is interested in using computers to supportthe world of mediation.

By Nicholas (Nick) Sloan, Online Dispute Resolution Mediator

The Case for Online Dispute Resolution

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letter to the editor

Applause to Linda Toyo Obayashi forher article on the importance of payment formediation.

Those of us who engage in the practice ofmediation need to stand up for this principle.Mediation is important, solves problems,reduces heartache, and achieves a betterresult. Mediators and those who hire themneed to value mediation and pay for it.

An important by-product of paying formediation is that it will help to “grow theprofession.” This can’t happen if mediationhas no cost to the court, if participants donot contribute, and mediators give away theirtime. We need to develop and expand our

cadre of talented professional mediators, and theycannot make a living without compensation.

Mediation skills are not learned by reading abook or by observing a few mediations. Mediatorexcellence requires extensive study, training froma professional, practical hands-on apprenticeship,continuing education, certification, and lots andlots of practice. All of this costs money.

When new mediation programs are set up thatrely on volunteer mediators, we create roadblocksfor anyone trying to make a living or build apractice, and we do a disservice to our clientswho want quality mediation.

Many professionals, including lawyers,psychologists, and social workers, are asked todo pro bono work. We should continue to makethese contributions, but limit this to a smallpercentage of our work, and ensure that it is forthose who cannot afford to pay for services. Asa social worker, I have 30 years of experience ofbeing grossly underpaid for the value and difficultyof the work I perform. Thus, I know firsthandthat only the profession itself can change thatcourse.

MACROScope was brave to print this articleand highlight the conflict between mediation forpay and mediation for free. It would be good tohear a rationale from those who believe mediationshould be offered for free. Let’s open thediscussion. If the conflict resolvers can’t discussconflict within our own profession, who can?

UpcomingOctober 19National Conflict Resolution Day

December 1Maryland Mediators Convention:Reaching New Heights!Conference Center, Maryland Maritime Institute,Linthicum Heights. Watch for info on MACRO’sWeb site: mdcourts.gov/macro

By Roslyn Zinner, LCSW-C, Mediator,Columbia, Md

Roslyn Zinner

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In May 2003, we were working on a civilliberties case with a veteran in prison when hetold us there were a number of veterans like himin the prison population. Out of this conversation,the VetNet group was created to work withincarcerated men who are all veterans from theVietnam or Gulf Wars. MACRO gave a grant tohelp support this project.

Today, a group of about 20 inmates at theMaryland House of Corrections, the maximumsecurity prison in Jessup, meets six to nine timesper month with co-director Gary Gillespie and me,or volunteers from our office, the American FriendsService Committee (AFSC)–Baltimore. The AFSC isa Quaker-based group that carries out service,social justice, and peace programs throughout theworld.

One skill we focus on in the group iscommunication. Exercises include topics such asactive listening, expressing thoughts and feelingsin non-antagonistic ways, awareness of blocks togood listening, managing anger, and dealing withdifferences. One of our goals is, first, to help theparticipants interact positively with others at theprison, and second, to support them in takingthese positive communication skills with them whenthey are released. We are pleased that the menwho participate report to us that they now havefewer violent interactions with other inmates, andthey feel that they have generally become moremature in handling themselves.

One challenge we face is that sometimes themembers of the group are sent to another prisonor are told they cannot attend as a punishmentfor an infraction. Also, sometimes we come tothe prison, prepared to do a session, and findthat it is in lockdown and we are unable to meet.

The group has definitely had success. Forexample, one member who had been known tobe angry and argumentative attended the groupfor a while. He was then assigned to a pre-release group prior to his release from prison.The leader of the pre-release group came totell me that this person was one of the morepositive and cooperative members of the group!

In addition to the effect on the menthemselves, the group has also achieved successby forming a youth group in the prison forpeople who are in their early to late 20's. VetNetmembers have also made it a point to mentorindividual inmates whom they think need extrasupport. The group members share books withtheir mentees, bring them to appropriatesessions of the group, and advise them. Thisyear, when the VetNet group was asked to bringin a speaker for Martin Luther King, Jr., Day,they chose Baltimore City Councilman, the Rev.Kwame Abayomi, a strong proponent of peacefulprocesses for resolving conflict.

We think we are making a difference forthese men. One hope we have for the future isto put in place a follow-up program outside theprison such as a support group, so we canmeasure the effects of the group on those whoare released.

By Dominique Stevenson, Co-Director,Baltimore Area American Friends Service Committee

Imprisoned Veterans Benefitfrom VetNet Project

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MACRO recently supported Power Inside,a program of Fusion Partnership, Inc., inlaunching “Keeping It Real” (KIR), aninnovative program for young women atMaryland Correctional Institution for Women(MCIW). Located in Jessup, MCIW incarceratesabout 800 women—and 13 percent areunder the age of 26. Power Inside is acomprehensive program for incarcerated andformerly incarcerated women. KIR wasinitiated for women ages 16 to 25 in orderto create an environment that promotesviolence prevention, conflict resolution, andcritical thinking skills.

Life on the StreetYoung incarcerated women often have

complex life experiences that place them atparticular risk to be involved in violence. Childabuse and street violence, drugs, andcommunity instability are dominant themesin their lives. Involvement with abusivepartners and family members can make thepursuit of a life free from violence evenmore difficult. By the time they reach adultprison, they have had long-standing contactwith the foster care and juvenile justicesystems. Now in the adult correctionalsystem, they are sometimesunsure how to create positivelives as adults.

What They LearnKIR teaches nonviolent

methods for resolving conflict.The 16-week course includesskill development activities thatempower young women to utilizenew coping skills in response tosituations that trigger conflictand violence. After completionof the course, women areoffered continuing support

Keeping It Real: A Prison Project

services and asked to practice what they learnedwhile in prison and after their release.

One KIR member commented about what shelearned, “I learned how to listen and give other peopletime to talk. When I don’t see eye to eye withsomeone, I learned I can look for something elsethat we do see eye to eye on.”

For many members, violence is the path of leastresistance to manage difficult feelings or to survivein the prison or street culture. Unchecked, violentresponses reinforce a “survival of the fittest”mentality that leads to bullying behavior. The KIRmembers have become leaders for peers who oftenlook to one another for validation. “Don’t useviolence. There is always someone you can talk toabout your problems. There are good people left inthis world,” a participant advises.

Spreading the MessageIn December the members of KIR decided to

spread their message throughout the prison. Theywrote and produced “Keeping It Real Village,” a playthat was performed for the entire prison populationat two separate showings. They worked independentlyfor weeks outside of the group to make theproduction happen. The one-hour play is set in agroup home for girls, where young women like

themselves struggle to make meaningof their lives. The play includes ascene similar to their own KIR classeswhere their group mission statementis read. [See mission statement, nextpage.]

Each character in the play bringsa different set of life experiences,such as gangs, abuse, robbery, drugdealing, rape. Iasia shares, “Last nightwe all kinda had a breakthrough andconnected in a family type of way,you know? It made me think of myown family. Maybe I wouldn’t havedone what I did if they wouldn’t haveabused me that way . . . Sorry y’all.”

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Another girl responds, “Nah boo, go ahead and vent. It isbetter than holdin’ it in. You have support all around you.We can’t change our past, but we can adjust our future.”

As the play continues, the stories of personaltransformation unfold and it becomes painfully real how muchthe characters and their actors have the desire to adjusttheir own futures.

“Our youth offender population at MCIW is vulnerable inmany ways,” said Brenda Shell, warden of MCIW. “For some,it may be their first incarceration, and they become exposedto peers and elders with prison experience. Also, a largemajority of them were victims of traumatic experiences. Tomeet with the leaders of “Keeping it Real” and share in thepositive discussion allows them the opportunity to confrontand deal with their past and to empower them for thefuture. The participants are learning to confront currentsituations and make better choices. Kudos to Power Insidefor their passion in working with this population.”

GrGrGrGrGroup Mission Statementoup Mission Statementoup Mission Statementoup Mission Statementoup Mission Statement

WWWWWe are “Keeping It Re are “Keeping It Re are “Keeping It Re are “Keeping It Re are “Keeping It Real,” a youngeal,” a youngeal,” a youngeal,” a youngeal,” a young

grgrgrgrgroup that believes in ourselves. Our goal is tooup that believes in ourselves. Our goal is tooup that believes in ourselves. Our goal is tooup that believes in ourselves. Our goal is tooup that believes in ourselves. Our goal is to

better ourselves and our outlook on life. Wbetter ourselves and our outlook on life. Wbetter ourselves and our outlook on life. Wbetter ourselves and our outlook on life. Wbetter ourselves and our outlook on life. We wille wille wille wille will

find better ways to deal with our prfind better ways to deal with our prfind better ways to deal with our prfind better ways to deal with our prfind better ways to deal with our problems byoblems byoblems byoblems byoblems by

sharing our esharing our esharing our esharing our esharing our experiences, sticking togetherxperiences, sticking togetherxperiences, sticking togetherxperiences, sticking togetherxperiences, sticking together, and, and, and, and, and

finding new ways to prfinding new ways to prfinding new ways to prfinding new ways to prfinding new ways to progress. Wogress. Wogress. Wogress. Wogress. We are the future!e are the future!e are the future!e are the future!e are the future!

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Winners from the FirstAnnual MarylandConflict Resolution DaySchool Art Contest

L-R: Shari Skipton, Grade 5, Malcolm Elementary; JacobDavis, Grade 3, Malcolm Elementary; Judge Bell; GwenPoore, Grade 6, Bennett Middle School, Darryl Stewart, Jr.,Garrett Heights Elementary School

photos by Dan Clark, Media Services

Conflict Resolution Day, from 1

school students. Judge Bell awarded the prizesfor the winning entries at an afternoonreception and ceremony held in the foyer ofthe Court of Appeals in Annapolis with about30 people in attendance. The top winnerseach received a small cash prize and had theirpictures taken with the judge.

The following students received awards:Jacob Davis, Malcolm Elementary School,Waldorf; Gwen Poore, Bennett Middle School,Salisbury; Shari Skipton, Malcolm ElementarySchool, Waldorf; Darryl Stewart, Jr., GarrettHeights Elementary School, Baltimore City. Six

additional students received honorable mention. Theartwork of the students remained on display in theRobert C. Murphy Courts of Appeal Building for abouta month. Alecia Parker, MACRO's Budget and GrantsDirector, was the organizer of this event.

In celebration of the day, seven of the 15community mediation centers in Maryland held openhouse events to tell people about mediation. Thesecommunity mediation centers were Anne Arundel,Salisbury, Chester Valley, Charles County, HarfordCounty, Mid-Shore, and Washington County. In addition,that evening in Hanover, MACRO held the first of sixregional forums on mediator excellence.

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by Tarvian Harris, Garrett Heights Elementary School

Shari Skipton and Judge Bell

Darryl Stewart, Jr., pointing to his drawing.

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Can government officials and local citizens worktogether to resolve issues of public policy? Canthose who work at the federal, state, and locallevel communicate productively about jointproblems and concerns? Our answer to thesequestions is, “Yes—with the help of some goodtraining in conflict resolution.”

As a result of our belief in the power of suchtraining, during the past year we developed andpilot-tested two conflict resolution courses forgovernment officials in Maryland, with grant fundingfrom MACRO. The courses are: Conflict Resolution101, a two-hour class that provides a basicintroduction to the study of conflict and the

development of interpersonal skills and techniquesuseful in managing conflict; and Conflict Resolution102, a 6.5-hour course, which provides in-depthtraining in the study of conflict and thedevelopment of conflict-assessment skills andconflict-resolution methods. Both courses areoffered through the Academy for Excellence inLocal Governance.

Richard Alper, Attorney and FacilitatorPhilip Favero, Senior Consultant, Booth and Favero

Cosponsored by the University of Maryland’sInstitute for Governmental Service, the MarylandAssociation of Counties, the Maryland MunicipalLeague, and the Local Government InsuranceTrust, the Academy is a certificate-grantingprogram for Maryland government officials fromboth municipalities and counties.

Challenges for Public Officials Maryland’s local public officials work daily in

a climate of conflict:

Officials who are elected face opponents.Some people win and others lose;

Once elected, officials typically conduct theirbusiness on boards, commissions, councils,and committees that may be partisan, andoften involve struggles about values, power,status, and how to allocate scarce resources;

Authority for Maryland’s local government isstructured so as to have executive, legislative,and judicial branches check and balance thepower of one another;

Local officials often resist state and federalgovernment “intrusions” into their affairs andstatus;

County and municipal governments oftendisagree over issues such as land useauthority and transfers of funds for providingthe same services to citizens they share incommon;

Citizens prefer, in general, to pay low taxesand receive abundant services and they maychallenge public officials about public valuesand resources.

RESOLVING CONFLICTS INVING CONFLICTS IN

The Academy for Excellence in Local Governance

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As you can see, conflict is common in the dailywork of local governments.

Course GoalsThe conflict resolution classes differentiate

between “constructive” and “destructive” conflicts.We believe constructive conflict is necessary andoften healthy for democratic governance. Conflictcan focus attention on important public issues orcan help provide voters and decision makers withchoices. When the conflict is constructive, it informsthe discussion without destroying the relationships.

Destructive conflicts, on the other hand, arecharacterized by downward spiraling relationships.Instead of leading to informed policy decisions, theyresult only in more conflict. Sometimes, destructiveconflicts become personal and “bleed into” otherissues, leading to a general breakdown of agovernment’s ability to make decisions effectively.

We designed these two conflict resolutioncourses with input from public officials. The focusis on how to resolve destructive conflicts inMaryland local governments using practical conflict-assessment tools and resolution methods.Participants are encouraged to bring theirexperiences into the courses and to share insightsthey have gained in their work. Learning methodsinclude brief presentations, general and small-groupdialogues; role-play opportunities, and multiplehandouts and fact sheets. In one sample class,participants reported that they could use newstrategies from the class on the job. After anotherclass with uniformly high evaluation ratings, oneparticipant noted, “The class handouts were useful;

I can apply what I have learned to my work;and I would recommend this class to others.”

For more information about the conflictresolution classes, and about the Academy,local public officials may contact the LocalGovernment Insurance Trust at (410) 312-0880, the Maryland Association of Countiesat (410) 269-0043, the Maryland MunicipalLeague (410) 268-5514, or the Institute forGovernmental Service (301) 403-4610.

GOVERNMENT SETTINGSGOVERNMENT SETTINGS

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MACRO, in partnership with the Maryland Office of Administrative Hearings (OAH),offered an all-day seminar on conflict resolution strategies on October 18. About100 Equal Employment Opportunity and Human Resources Maryland stategovernment staff discussed workplace disputes at the seminar, which was held atthe Maryland Maritime Institute.

After a welcome from Chief Judge RobertM. Bell of the Court of Appeals and ChiefJudge Thomas Dewberry of OAH, the daybegan with a presentation of three typicalworkplace conflicts dramatized by the MACROstaff.

In one of these scenes, one worker likesmusic and talks on the phone a lot while aco-worker prefers complete quiet. In anotherscene, one worker sprays air freshener anduses strong perfume in response to what sheperceives as the body odor of the other. Theco-worker says the body odor is a skin creamhe has to use and that he is allergic to theair freshener.

Responding to these entertaining but real-life work situations was a panelcomposed of Carl Bailey from the Maryland Department of Human Resources,Laurie Bennett from the Maryland Office of Administrative Hearings, LorigCharkoudian from the Maryland Association of Community Mediation Centers, MarvinJohnson from the Center for Alternative Dispute Resolution, and Tara Taylor fromthe Maryland Commission on Human Relations.

Three interactive workshops followed: “Coaching People with Conflicts in theWorkplace,” by Marvin Johnson; “Mediation Skills for Everyday Use” by LorigCharkoudian and Erricka Bridgeford; and “Crisis Intervention and Defusing Anger,”by Roseanne Torpey, a consultant on workplace violence.

Those who attended overwhelmingly said they would recommend the seminar toothers. Two comments on the evaluation forms were: “The facilitators were energetic,passionate, professional, engaging and knowledgeable,” and “One of the best andmost influential workshops I’ve attended.”

Tools for ResolvingWorkplace Disputes

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MACROMACROMACROMACROMACROSCOPEBy Robert J. Rhudy, Consultant Coordinator,

Maryland Department of Aging, Senior Mediation Program

Mediating with Seniors in MarylandMaryland families often face difficult decisions

regarding how to care for their aging parents orgrandparents who need assistance with daily care,finances, or health. Examples are:

An adult daughter has just moved in withher mother, and her siblings are threateningto file for guardianship.

Grandparents want to maintain relations withtheir grandchildren after their son anddaughter-in-law divorce.

Mr. and Mrs. Smith are encounteringdifferences in how their continuing carecommunity is managed on issues not clearlyaddressed in their original agreement.

A client asks his attorney how to developan estate plan and advance health caredirectives that do not set off warfare withinhis family when they need to be implemented.

Each of these situations illustrates opportunitieswhere mediation might help. "Senior" or "elder"mediation refers to the provision of mediation inmatters involving an older person.

In February 2005, MACRO gave a grant to theMaryland Department of Aging (MDoA) to promotesenior mediation services across the state. Theresulting Maryland Senior Mediation Project is beingdeveloped in collaboration with mediators, localdepartments of aging, attorneys, courts, seniororganizations, and others. For example, thissummer the Circuit Court for Baltimore County willbegin using mediation in contested adultguardianship cases and is working with local eldercare attorneys, the MDoA, and me to helpestablish the new program.

MDoA seeks to assure that everyone,regardless of income, will have access to high-quality mediation for senior needs. We are working

to provide services without charge or on asliding scale for applicable clients. Other typesof special accommodation are provided as well,if needed, to allow elderly individuals toparticipate.

For example, if Mrs. Smith, who is frail andin poor health, can’t focus longer than one hour,sessions can be shortened to respond to herneed. Or, if Mr. Jones has trouble hearing, hecan be seated close to the mediator, who canrepeat anything Mr. Jones didn’t hear. Or, if Ms.Rose seems disoriented, the mediator shouldbe aware that rather than exhibiting a permanentdementia, Ms. Rose may be experiencing a drugreaction that can be corrected.

The project has also provided specializedtraining in mediating senior issues, includingawareness of biases toward elders,understanding age-related changes, and anoverview of some legal issues facing the elderly.

For more information, check the MarylandAssociation for Community Mediation Center’sWeb site: www.mdmediation.org, and click onSenior Mediation, or contact me [email protected].

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The long-awaited mediation public awarenessposters designed by MACRO are now available forordering online. The technical difficulties experiencedby MACRO in getting this project completed weremany, varied, and unexpected. But this project isnow a go!

As you know, MACRO developed this series ofposters for publicizing the uses of mediation as atool for conflict resolution. The 24 posters use humorto depict everyday scenarios that might benefit frommediation, and they represent conflicts on issuesrelating to family and custody, business, small claims,neighbors, community, school, and workplace.

The posters are available in three sizes and arefree to those in the state of Maryland. Those outsideof Maryland will pay minimal printing and shippingcharges. Within the first month, more than 10,000posters were ordered.

Court programs, community mediation centers,schools, government entities, and state offices of

MACRO Posters Now Available Online

Secretary of State Condoleeza Rice recently appointed Maryland mediator andtrainer Marvin Johnson to the Foreign Service Grievance Board. The Grievance Board,established in 1975, consists of no fewer than five independent distinguished U.S.Citizens, each of whom is appointed by the Secretary of State for a two-year term.

The board hears and makes decisions about grievances filed by Foreign Servicemembers from around the world. Marvin was a member of the original Maryland ADRCommission, the precursor to MACRO, and has been practicing alternative disputeresolution in Maryland and around the world for 30 years. Many congratulations tohim in his new role.

Distinguished MarylandMediator Appointed toForeign Service Board

photo courtesy of Marvin Johnson

conflict resolution may customize the contactinformation at the bottom of the posters to suittheir respective programs. Private practitioners andothers who want the posters may place orders andwill receive them with MACRO's contact informationpreprinted at the bottom. Private practitioners outsideof Maryland may want to contact their state officesof dispute resolution and suggest that postersbe ordered with that contact information. Becausethe posters state that they are produced bythe Maryland Judiciary, we are not permitted toallow for-profit entities to advertise their services onthe posters.

To view the posters and place an order, go towww.marylandmacro.org, and click on “POSTERS nowavailable” at the top of the page. If you have anyadditional questions, send your email inquiries [email protected]. MACRO thanks you forsharing these posters, and for helping to promotethe public’s awareness of mediation!

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Issue 8

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together representatives of stakeholder groups—such as government agencies or officials,community organizations and businesses—with acommon problem, in a facilitated process. Thegoal is to create consensus agreements thatserve the highest common good. It is being usedto address many complex issues, includingenvironmental problems and social servicesdelivery problems. While sometimes it is time-consuming, this form of collaboration oftenproduces many collateral benefits. People onopposite sides of an issue often come tounderstand one another and collaborate on awide variety of efforts.

Shifts are occurring in institutions as well asin individuals’ lives. MACRO’s partnership withthe Maryland State Department of Educationand the Center for Dispute Resolution at theUniversity of Maryland, is working on systemschanges in Maryland’s schools. Mediationprograms in the courts have grown very rapidly

Rachel's Notes, from 2

micro macros

The stork has been busy at the MACROoffice this winter. First, Lou Gieszl, MACRO’sDeputy Executive Director and his wife Adriennebecame the proud parents of their first child,Celia Rose Gieszl, born on January 13th.

Two MACROwo MACROStaffersBecome

Proud ParentProud Parents

On February 20, Samuel Franklin ParkerJewitt made his appearance, second child ofAlecia Parker, MACRO’s Budget and GrantsManager and her husband John Jewitt. Wecongratulate both sets of parents.

picture courtesy Lou Gieszl picture courtesy Alecia Parker

and are becoming a “regularized” part ofbusiness. Misdemeanor criminal and juvenilejustice conflict resolution programs are movingfrom pilot programs to statewide efforts.

How do these individual and systemicimproved realities add up to a larger societalchange? One at a time. At MACRO, our healthyidealism gives us hope that all of thesesuccesses will eventually reach a critical mass,a “tipping point,” and contribute to a societalshift towards greater civility and peace. Untilthen, we will keep celebrating the individualsuccesses and working to expand them. Wewill also strive to be an increasingly vitalresource for the dispute resolution practitionercommunity by supporting quality practice andraising public awareness of mediation andconflict resolution services.

And, of course, we’re always helping tocreate more idealists

Page 16: MACROSCOPE - Maryland Judiciary · MACROSCOPE Issue 8 June 2006 Newsletter of the Maryland Mediation and Conflict Resolution Office (MACRO) Before our sessions even begin, it is clear

900 Commerce RoadAnnapolis, MD 21401www.marylandmacro.org

staffRachel Wohl, Executive DirectorLou Gieszl, Deputy Executive DirectorRamona Buck, Public Policy DirectorJonathan Rosenthal, Court ADR Resources Director

Alecia Parker, Budget and Grants DirectorCheryl Jamison, Quality Assistance CoordinatorEileen Bannach, Administrative Assistant