NewsletterNewsletter
Vol. 2, No. 1 January 10, 2008
President’s LetterBy Frederick D. Lewis, President, ACR Dallas
Conflict Resolution & The Problem Solver!
E-Mail: frederickdouglew@sbcglobal.net
The first thing we need to know about the art of "Conflict Resolution" is just that, an art. There is not a scientific method, no one size fits all strategy to help people solve their problems at work, in their family, or problems that are at the basis of a lawsuit.
The ability to help people solve their problems is fast becoming a financially rewarding business. Mediators and the skills you learn in settling lawsuits and disputes are in greater demand today than in the past and you, as a practicing mediator, have no reason to assume that the demand for your services will decline in the foreseeable future.
This year as president of ACR’s Dallas Chapter, I want to share with the membership some of the business opportunities that you may want to consider when you are trying to build up your mediation practice.
The courthouse has been the most visible and most talked-about source for mediators to obtain cases to mediate. However, too many of our mediators do not effectively market themselves at the courthouse.
What about the law firms? What are they looking for in a mediator?
What about the private corporations and their HR Departments? What are they looking for in a mediator?
What about the Agencies of the United States Government? What are they looking for in a mediator?
What about State Government Agencies? What are they looking for in a mediator?
You need to also look at the marketing tools that you really need to build a successful mediation practice.
Some answers to the above questions will be sought after this year.
It is with great pleasure that I announce that our first speaker for this year is Mrs. Sherry L. Travers, Attorney at Law and a partner in Littler Mendelson, a national employment law firm.
My Vision for Dallas ACR
By Jerrell J. Cosby, President-Elect
Here are some of the things I would like to see us add to the good things we have already done and will be doing under Fred Lewis’s capable leadership.
Let’s provide leadership and training especially designed for the new mediators.
a. First by setting a monthly panel for the beginners called, "Saturday Morning with a Senior Mediator." A different experienced mediator would address those attending and take questions, 9:30 ato 11:30 a.m. He/she would address busdiness startup issues, how much to charge, no-show issues, marketing questions, real world vs what you may have heard and responding to candid questions with candid answers.
b. This workshop would be provided without cost to the beginners.
Let’s start a program of mentoring.
c. I have been given the privilege of leading a committee that is in the process of setting up this program as we speak. We envision having several pros available (perhaps as many as 10). Beginners will be given the opportunity to choose the person to mentor them.
d. Two tracks will be available: a highly pragmatic business development track, emphasizing mediation pricing and overhead costs; and a volunteer track, emphasizing ethical issues, academic theory, and the various forms and latest techniques in mediation.
Let’s become the backbone, strength and comfort for the mediator who does not come from a legal background.
e. Let’s bring out of the unspoken cave the substantial bias that exists among judges and lawyers who favor mediators with legal backgrounds.
f. Let’s talk about how to overcome this bias.
g. Let’s drop the word non-attorney mediator from our vocabulary.
Let’s work together to continue to improve ACR Dallas.
By Joe Hewitt
Why are we members of Association for Conflict Resolution, Dallas Chapter? Beside the fact that it looks good on a business card or resume, there are many good reasons.
1. Networking.
Networking involves more than establishing contacts that help generate business. Indeed, that would be the minor benefit in our networking. Who gets business from a bunch of fellow mediators who are hustling business for themselves? Networking in ACR does help keep us informed of employment opportunities. The more fellow mediators you know, the more opportunities you learn about.
The main benefit of networking I have found is discussing with other mediators how they get work, the mechanics of running a mediation practice, what to charge, and how to deal with difficult cases. I am greatly indebted to seasoned mediators, such as Sheikha Hobeiche, Jerry Cosby, Fred Lewis, Glenn Currier and others for helping me hone my mediation practice.
Networking also encourages us when we see others who experience and overcome the same set of problems we do. A struggling mediator sees another mediator doing well, and decides, "I can do that."
In ACR meetings I have made arrangements with other mediators for me to sit in on one of their mediations, which turned out to be one of my best learning experiences. I have also made arrangements for other mediators to sit in on my mediations. These exchanges are two-way streets. You can learn, and you can get critiqued.
2. Lobbying.
Although ACR Dallas is not a lobbying organization, many of its members have been instrumental in influencing legislation favorable to Alternative Dispute Resolution.
Our members were active in formation of Texas Mediators Credentialing Association (TMCA), whose function eliminates the need for governmental certification of mediators. TMCA mediators must have professional training, experience, and continuing education, including ethics training, follow the TMCA code of ethics and standards of practice, and be subject to discipline by their peers.
3. Publicity.
Mediation is as old as the Bible. "Agree with thine adversary while he is in the way..." However, many people still don’t know about it. Members of ACR are active in promoting mediation in schools so children not only know about mediation, but practice it. ACR Dallas also publicizes mediation through such events as an annual Conflict Resolution Day the second Thursday of each October in cooperation with ACR national. In 2006, Dallas Mayor Laura Miller proclaimed October 19 Conflict Resolution Day in Dallas.
The ACR Dallas Speaker’s Bureau furnishes speakers at no charge for service clubs and other organizations. Our speakers have addressed Rotary, Kiwanis, and Civitan clubs as well as professional organizations.
4. Continuing Education.
If we took a poll, continuing education would probably be the main reason people join ACR Dallas. At each meeting we hear qualified speakers and programs. Attorney mediators receive continuing legal education credit. All mediators receive credit toward continuing education requirements by Texas Association of Mediators and TMCA.
There are many other benefits to ACR Dallas membership, one of which is camaraderie. People from myriad backgrounds but with common goals get together and enjoy fellowship with each other.
Reality Check, Theme of October Program
"Create a safe place," and "Start dealing with the real problem," were the main points of Sherri Cotton, Attorney, who is establishing for the City of Fort Worth a mediation center for city employees.
Speaking on the subject of employment mediation, Ms Cotton said one of the duties of the mediator is to "balance the power."
"Bring them to reality," was the main point of co-presenter, Gloria Smith, EEOC, Senior Mediator, who has an 86 per cent rate of settlement. "You’d be surprised at how close the parties are," she said.
(Contact information: Sherri Cotton, 817-392-2274; Gloria Smith, Gloria.smith@eeoc.gov.)