Workshops

At SCMA’s Annual Conference, Dr. Singh will discuss “Meditating with heart and mind in divided times”. During the election year, when it seems like our society and our politics is broken, Dr. Singh will look at the historical lens of unity and divide and he will discuss the science and the psychology of building trust without compromising values while examining the evolution of problem solving principles as it applies to the divided world. In particular, Dr. Singh will present the reasons for the increase in division while proposing solutions on how to move forward with lessons for mediators and non mediators. Be prepared to be challenged, and to leave with a passion for a unique way of thinking about our cross-cultural future.

“Change is the law of life, and those who only look to the past or present are certain to miss the future.”

This quote by John F. Kennedy resonates deeply with Sara Campos’s approach to mediation and her outlook on life in general.  Serendipitously, it also beautifully aligns with this year’s SCMA Conference theme: A Changing World, the past, present, and future of mediation.

Sara will celebrate the evolution of the face and profession of mediation during her 28-year career and will delve into the critical lessons she learned along her path. As she looks toward the future of mediation, Sara is optimistic about the potential for growth and innovation in the field, and envisions a future where mediation becomes the first choice for conflict resolution rather than a last resort.

Sara will inspire attendees to embrace change as a constant in their own practices. By focusing on the lessons of the past and the opportunities of the present, Sara aims to equip her students and peers with the tools they need to thrive in the future of mediation, echoing Kennedy’s sentiment that looking forward is essential for success in any endeavor.

Mediators naturally walk into the room seeing and hearing everything through the lens of their own life experiences – most notably their training and education. One concept we hold dearly at the American Institute of Mediation is to help mediators become more complete in their skill sets. In this unique workshop, our trainer, Lee Jay Berman, takes the group through a single fact pattern of a business/commercial partnership dispute (easily accessible and translatable to family law and other areas of practice), and walks them through the “how to” of mediating that dispute through the four distinct lenses:

1. The evaluative, legal, risk analysis lens
2. The psychological and relationship lens
3. The practical, business lens
4. The creative problem-solving lens

Paying homage to the movies RASHOMON and INSIDE OUT – the goal is to help us all see what we may be missing when we focus on just one perspective in our mediations. This workshop is intended to help seasoned mediators open their eyes more widely, see different layers, and view the dispute that’s in front of them through different lenses, allowing them to access more of their own creativity, and expand the possibilities for potential resolutions. What attendees will learn: Most lawyers and retired judges can analyze a case, and most insurance claims professionals and risk managers can calculate risk and probable outcomes, but many are not as effective as they could be at using that information and analysis to persuade people. And, those without those backgrounds will learn how to do that effectively. And, mediators who are not trained in the mental health professions will learn what to look for in the psychological and relationship issues that may be going on in front of them. All will learn what business ramifications to ask the parties about, from tax implications to what will happen with employees and customers. Combining all of this exploration, the creative problem solving lens will provide much more rich ground for being creative, and will help those mediators who ask how to transition a negotiation from one focused on numbers and compromise into one that is integrative and creative, and can produce a true win-win. Most mediators want to work in that kind of environment, but could learn more about how to make that transition so they can add more value and avoid being reduced to number carriers.

Unconscious bias – a set of attitudes and stereotypes that we are unaware of – is ubiquitous and its effects can be pernicious.. These biases, encompassing realms such as race, gender, class, and sexual orientation, might not align with our conscious beliefs yet wield influence over our actions. This poses a significant challenge for those tasked with impartiality, including mediators, arbitrators, judges, as well as lawyers, bound by ethical obligations to uphold unbiased conduct. The silver lining lies in the adaptability of unconscious bias, also known as “implicit bias.”

In this workshop, Dr. Helen Winter offers an interactive and engaging “user’s guide” through peer-reviewed social psychology research on strategies for bias reduction based on her and David Hoffman’s article “Follow the Science: Proven Strategies for Reducing Unconscious Bias” recently published in the Harvard Negotiation Law Review.

This presentation explores the critical importance of maintaining clear boundaries in mediation, focusing on the potential ramifications of mediators giving legal or general advice. Designed for both attorney and non-attorney mediators, this lecture examines the delicate balance between facilitating communication and inadvertently stepping into an advisory role. Attendees will gain insights into the distinctions between legal information and legal advice, learning how to guide parties effectively through active listening and effective questioning as an alternative to advising. The session addresses the ethical considerations and potential consequences of crossing professional boundaries, including risks of sanctions and unauthorized practice of law charges. By raising awareness of these issues, the presentation aims to enhance mediators’ ability to maintain neutrality, uphold the integrity of the mediation process, and navigate their roles with confidence and professionalism.

“Until we develop emotional self-awareness, we will project our own unrecognized emotions onto others.” Bowling and Hoffman (2003)

In this hour-long interactive presentation, we will discuss emotional intelligence and its crucial role in effective mediation. We will explore the five components of emotional intelligence and their impact on the mediation process. By understanding the importance of these elements, mediators gain valuable tools to navigate the diverse range of emotions and behaviors they encounter during mediation sessions – especially their own.

We will examine how emotional intelligence facilitates trust-building, fosters collaboration, and improves communication among parties. By elevating their emotional intelligence, mediators gain the ability to effectively manage conflicts, build trust, anticipate potential obstacles, and guide the parties towards resolutions that are mutually beneficial.

Participants will participate in an assessment of their own emotional intelligence in preparation for the presentation.

Join Murphy Funkhouser, a seasoned marketing and branding expert with over 20 years of experience, for an engaging and transformative session designed specifically for professionals navigating the evolving mediation market. In this dynamic talk, Murphy will provide invaluable insights into how you can elevate your mediation business and stand out in a landscape where mediation practices may still be finding their footing.

In this session, Murphy will provide a comprehensive overview of the current mediation market, highlighting emerging trends, opportunities, and potential challenges. Drawing from her extensive experience, she will share actionable strategies and innovative tactics to help you effectively position your brand and capture the attention of your target audience. Expect to gain a deep understanding of how to leverage your unique strengths, craft a compelling brand narrative, and overcome competitive hurdles.

You will also get practice refining your own marketing pitch with guidance from Murphy. With her guidance, you’ll shape and deliver a powerful, persuasive pitch that aligns with the insights and strategies discussed.

Key Takeaways:

• Gain a clear understanding of the current state of the mediation market and its evolving dynamics.
• Learn practical strategies for differentiating your mediation business and commanding attention.
• Develop a compelling pitch that effectively communicates your brand’s unique value proposition.
• Receive personalized feedback and guidance to enhance your presentation skills.

Whether you’re new to the field or looking to refine your existing approach, this session will equip you with the tools and confidence needed to make a lasting impression and succeed in a competitive market. Don’t miss this chance to put your practice in the spotlight!

This workshop will introduce ADR practitioners to the most recent innovations in AI technology and provide live online demonstrations of some of the latest and greatest AI practice tools in the marketplace today. The program also will present developments underway at the AAA and its technology partner ODR.com and how they’re expected to improve case management and services delivery in major ADR business sectors in the foreseeable future. Maintain your competitive standing and stay on the cutting edge of technology through this workshop!

Join a panel of Ombuds moderated by Anthony Keen-Louie – Associate Ombuds at UC Santa Cruz and Adjunct Lecturer in Law at USC Gould School of Law to share more about how skills in mediation are a critical component of Ombuds work. Learn how combining a variety of career experiences with intentionally developed skills in mediation opens the door to the Ombuds field. Also, learn how Ombuds work came to be, where it is now, and where it is headed as the field rapidly attempts to respond to the changing world.