Gini Nelson\’s Engaging Conflicts

April 23, 2007

LAST CROSSPOST — PLEASE GO TO WWW.ENGAGINGCONFLICTS.COM: Transformational Mediation, and Science, Ethics, and Spirit In Santa Fe, Sept. 24 – 28, 2007

Filed under: Ethics,Health, Conflict and Stress — Gini @ 10:59 am

intricate-wooden-carving-against-turquise-sky.jpg“Save the date” for my September 26 – 28, 2007 SES (Science, Ethics and Spirit) Conference in Santa Fe. There will also be a two-day pre-conference Transformational Mediation Training by the Institute for the Study of Conflict Transformation (ISCT), a national think-tank supported by a consortium of universities including the University of North Dakota, Hofstra Law School, Temple University, and James Madison University. Kristine Paranica, the Administrative Director and Fellow of the Institute, and Director of University of North Dakota’s Conflict Resolution Center, will then present two workshops at the SES conference: one on transformational mediation, and one on the use of transformative principles in conflict communication. Both the pre-conference Transformational Mediation Training and the SES Conference will take place at the Upaya Zen Center in Santa Fe, NM with the opportunity to interact with the Center’s diverse residential community of monks and lay people. I expect that both CEU and CLE credits will be available for both. I’ll post more details over the next couple of weeks, so please check over at the new website: http://www.EngagingConflicts.com. Please note that I will no longer be cross posting here at the wordpress.com site — I will only be posting at the http://www.EngagingConflicts.com site. See you there!

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April 7, 2007

Do You Have A Question About An Ethical Issue In Mediation? — EngagingConflicts.com

Filed under: Ethics — Gini @ 5:25 am

 red-face dial phoneNot just for attorneys — do you have a question about an ethical issue pertaining to mediation? The ABA’s Section of Dispute Resolution has formed a committee to provide advisory responses to ethical questions. From the Section’s website:

Our Committee on Mediator Ethical Guidance is now ready to accept your inquiries and provide advisory responses to your requests. Section Chair John Bickerman is pleased to announce this important project for the Section and the field: “There is no greater way for consumers to have confidence in the services that mediators provide them then to know that mediators are following the ethical duties of their profession. As the leader in policy and practice in the field of dispute resolution, the DR Section is pleased to be able to provide guidance to mediators, the parties and lawyers who use their services.”

The current scope of the Committee is limited to the consideration of ethical issues pertaining to mediation. The Committee may accept an inquiry from an ABA member, an individual who is not an ABA member, an organization or may consider an issue on its own initiative. While it may draw on other sources of authority, such as opinions or other guidance issued by state ethics authorities, its focus will be on interpreting the American Bar Association Model Standards of Conduct for Mediators (2005) and applying them to the issue presented.

Here’s their intake form.

Here’s the link to the full ABA announcement.

Thanks to Geoff Sharp, a New Zealander attorney, mediator, and blogger for this!

Remember to move your bookmark to www.EngagingConflicts.com.

April 5, 2007

“Thinking Ethics” Games — EngagingConflicts.com

Filed under: Ethics,Tips, Treats, and Tools — Gini @ 7:54 am

istock_000001978461small.jpgI like the Thinking Ethics blog, and only wish it were easier to link to direct posts on the site-you can navigate to the categories and specific posts from within the site, but it seems to only give the home page http: address. Here’s about some ethical computer games, posted Monday, April 2:

Role playing

Here are three intresting ethical computer games:

You can help stop the crisis in Darfur as you role play in a refugee camp in www.darfurisdying.com

You can see what it is like to live in poverty and try to stay healthy in Haiti in the Unicef Voices of Youth game Ayiti: The Cost of Life

You can save and rebuild an island in the World Food Program’s Food Force.

Here’s a post about another source of ethical games and puzzles (from March 9) :

Games and puzzles

ERC, the Ethics Resource Center, a site devoted to organizational ethics in the US, has a selection of ethical games and puzzles (mostly crosswods). link here

And another (from Feb. 6):

Ethics Games

In case you want to practice – new computer game that is “sweeping the Federal Agencies…”, the US Office of Government Ethics proudly presents… here

Also the Institute of Business Ethics in the UK has some great teaching material – the business cases can be found here.

Thank you, Thinking Ethics!

Remember, please move your bookmark to http://www.EngagingConflicts.com.

 

 

 

 

 

March 7, 2007

Colorado Ethics Committee Concludes Collaborative Law Per Se Unethical, Cooperative Law Not — EngagingConflicts.com

Filed under: Ethics — Gini @ 6:29 am

blue record disk As previously posted in EngagingConflicts here, there is a significant ethical critique of Collaborative Law, and a growing movement for the practice of Cooperative Law. The main issue is Collaborative Law’s requirement of mandatory attorney disqualification if the process is unsuccessful. Cooperative Law is defined in the Colorado Ethics Committee’s Opinion as identical to Collaborative Law, but without the mandatory attorney disqualification agreement.

This is the Conclusion from Ethics Opinion 115: Ethical Considerations in the Collaborative and Cooperative Law Contexts (Adopted February 24, 2006)(note: date is probably a typo, as this Opinion has just been released):

The Colorado Rules of Professional Conduct prohibit a lawyer from participating in Collaborative Law so long as a contractual obligation exists between the lawyer and the opposing party whereby the lawyer agrees to terminate the representation of the client. Absent such a contractual obligation, a lawyer may participate in the process referred to as Cooperative Law provided that the lawyer complies with all of the Rules of Professional Conduct.

The Opinion lays out the Committee’s analysis, and also provides an extensive discussion of the “myriad potential ethical pitfalls” in a Cooperative Law practice, which include provisions relating to terminating the attorney-client relationship; communications with the client (concerning the applicable range of alternative courses of action in the client’s case); considerations of whether the client is under a disability (particularly if there is a history of domestic abuse in the family law context); and Cooperative Law organizations (as possibly impermissible referral services). These issues are also potentially relevant in jurisdictions where a Collaborative Law practice is not per se unethical.

Colorado does not have a mandatory bar association, and the Committee’s opinion is not per se binding on attorneys. However, it is a powerful statement about the practice of Collaborative (and Cooperative) Law in Colorado, and of the potential issues everywhere.

This is how the Colorado Ethics Committee describes itself (from its website):

The Colorado Bar Association Ethics Committee is a standing committee of the Colorado Bar Association, staffed by approximately 90 Colorado attorneys, existing for the purpose of giving ethics advice to Colorado attorneys. The Committee will answer written requests for ethics advice subject to certain exceptions such as those listed below. The Committee will issue Formal Ethics Opinions concerning topics of general interest. . . .

The Ethics Committee is NOT associated with the Colorado Supreme Court, the Presiding Disciplinary Judge, the Attorney Regulation Committee, or the Office of Attorney Regulation Counsel. Committee Opinions, whether informal written opinions or published formal Ethics Opinions, are issued for advisory purposes only and are not in any way binding on the Colorado Supreme Court, the Presiding Disciplinary Judge, the Attorney Regulation Committee, Attorney Regulation Counsel, or the Office of Attorney Regulation Counsel and do not provide protection against disciplinary actions.

The opinion is not yet posted at its website. If you would like a copy, please send an email to gn@gnconflictmanagement.com, with “Opinion” in the subject line, and I’ll send back a copy.

Be sure to bookmark the new location of this blog: www.EngagingConflicts.com.

February 5, 2007

Ethical Standards for Elder Mediation Symposium Registration Now Open — EngagingConflicts.com

Filed under: Ethics — Gini @ 11:40 am

Kristine Paranica of the Institute for the Study of Conflict Transformation (ISCT) just posted this announcement:
eye close up

You are invited to the First National Symposium on Ethical Standards for Elder Mediation, April 19-20, 2007 at Temple University’s James E. Beasley School of Law, Philadelphia, PA. Find all the details at www.mediation-services.org.

This exciting 2-day event will feature Harry “Rick” Moody, Nancy Neveloff Dubler, Robert Baruch Bush and distinguished panelists from the fields of mediation, elder law, bioethics, geriatric ethics, geriatric medicine and social work. The Symposium will tackle critical issues such as the impact of societal aging biases on the mediation process, capacity issues, and a mediator’s responsibility when the outcome of a mediation violates ethical and/or legal norms.

At this time, registration may be completed by mail and by check. On-line registration and credit card payment is available on our website at www.mediation-services.org.

Please note that space is limited to the first 100 registrants and that the super early bird fee of $325 that includes meals and the special Thursday evening dinner event is only good until February 15. Then regular and late fees apply. We expect to fill the Symposium to capacity, so please register early. You will receive confirmation of your admittance into the Symposium upon receipt of your registration and payment.

Please direct your questions to Kathryn Mariani at eldermediation@mediation-services.org or (610) 277-8909.

We hope to see you this spring!

Kristine, thank you, and thanks to ISTC for sponsoring such programs!

January 31, 2007

Ken Feinberg Interviewed in Engaging Conflicts Today — EngagingConflicts.com

Filed under: Ethics — Gini @ 12:49 pm

I’ve just published Vol. 2, #1 of Engaging Conflicts Today, featuring a “Spirit In Life and Practice: Kenneth R. Feinberg” interview. Ken was Special Master of the federal September 11 Victim Compensation Fund, an unprecedented effort to compensate the victims of 9/11. If you are not yet subscribed to Engaging Conflicts Today, please do so now (see the subscription link in the sidebar to the right), and I’ll also send you today’s issue.

Remember: Engaging Conflicts is now at http://www.EngagingConflicts.com

January 19, 2007

Science and Spirit In 2007 – EngagingConflicts.com

Filed under: Ethics,Spirit,Theory To Practice — Gini @ 5:29 am

Santa Fe, New Mexico is a wonderful place to live for many reasons, including the eclectic mix of what used to be called New Age mysticism (I’m not sure what the current best term might be – the closest I come is quantum mysticism, now) and cutting edge science exemplified by the Los Alamos National Laboratory (LANL), just 45 miles away. When I first moved here, I had to learn some physical and biological science (previously, I had done a masters in sociology, and a law degree) because I was an environmental attorney at the New Mexico Environment Department. I was the primary permitting and enforcement attorney for hazardous and radioactive waste issues, which, in New Mexico, included addressing the Waste Isolation Pilot Plant (WIPP) and uranium mill tailings, as well as LANL. I respect science – almost as much as I love the law – and my renamed blog topic category Theory to Practice is meant to facilitate both science education and practical applications of science.

Towards science education, I came across this 2003 Statement on New Mexico Science Education by the Los Alamos National Laboratory Fellows which, while not intended as such, gives some background to what science education is.

As to quantum mysticism, I am agnostic about it just as I am to any other religion or religious path. As I said in one of this blog’s introductory posts, Why Speak Of Spirit and Conflict In the Same Breath?:

What’s so engaging about conflict and spirit? First, most people get solace and direction in stressful times through their religious or spiritual beliefs; information that supports or enriches those beliefs (including practice tools) will strengthen that resource when facing conflict. Second, some people are stressed because of questions about religion and/or spirituality that they think arise out of science. But most of us don’t know much about science … what is it? More to the point, how does science help explain our impulses towards religion and spirituality, and how we chose to practice them (including explaining why those impulses can turn to violence and conflict in some circumstances)? Can the areas of science that relate to religion and spirituality help prevent, reduce, contain or resolve conflict?

Some people may experience conflict when confronting an insistence that there is only one way, or even just a best way, to experience and practice religion and/or spirituality — and what they know gives insufficient solace, or is different. Others may watch with confusion how some forms of religion are changing, as we see especially in the United States in the perhaps parallel growths of more fundamentalist mega churches, and post-modern quantum mysticism. Can science help here?

For the rest of that post, just click on the link. I’ve renamed this category Ethics and Spirit.

Remember to move your bookmark to www.EngagingConflicts.com, and while you are there, please subscribe using the RSS button!

January 9, 2007

Engaging Conflicts In 2007 — EngagingConflicts.com

Please note the new address: http://www.EngagingConflicts.com.

In 2007, Engaging Conflicts will continue to center on issues identified by Bernie Mayer’s Beyond Neutrality: Confronting the Crisis in Conflict Resolution, Chris Honeyman’s Theory to Practice work (focusing on his new book, The Negotiator’s Fieldbook: the Desk Reference for the Experienced Negotiator, co-edited with Andrea Kupfer Schneider), and the October 2006 Keystone Consolidating Our Collective Wisdom conference; as well as my Wikis and Podcasts and Blogs, Oh My! program – use of the new social media on the internet for professional, personal and business development. I’ll provide Tips, Treats, and Tools, and talk about Health, Conflict and Stress, on occasion, too.

Some Guest Bloggers In 2007

Planned guest bloggers for 2007 include Kristine Paranica, J.D., Administrative Director and Fellow of the Institute for the Study of Conflict Transformation (ISCT) on transformative mediation and practice; and John Lande, J.D., Director of the Master of Laws Program In Dispute Resolution at the University of Missouri-Columbia School of Law, on cooperative law, as distinguished from collaborative law.

In Engaging Conflicts Today, the newsletter (subscribe by clicking in the sidebar!), I’ve planned interviews with Bernie Mayer, John Paul Lederach, Robert Benjamin, Chris Honeyman, Janis Magnuson (of Janis Publications), Diane Levin (of the Online Guide To Mediation blog), Jack Cooley, John Stephens, Ann Gosline, and Howard Gadlin, among others. And, as I said, The Negotiator’s Fieldbook, Chris Honeyman’s and Andrea Kupfer Schneider’s new book, will also be highlighted in 2007 (in both the newsletter and in the blog), with reviews, summaries and interviews.

At the new site, you’ll see the administrative categories tabbed across the topbar (Welcome, Contact, Why Engaging Conflicts?, Guest Bloggers, RSS FAQ). The first box at the top of the right sidebar lets you search the blog using keywords. You can then bookmark the blog at Technorati (use the green icon); subscribe to the blog for free at FeedBurner (use the orange icon); and then subscribe to Engaging Conflicts Today by clicking on the blue hyperlinked “Free Engaging Conflicts Newsletter!” I have fewer categories. Also, each post now allows linking with 13 different social content and social bookmarking websites, e.g., del.icio.us, digg and smarking. (If you don’t know what any of these terms and options are, spend some time in the Wikis and Podcasts and Blogs, Oh My! category!) Finally, I’ve disabled commenting, to help save the site from robotic spamming – write me privately, and I’ll respond, though.

REMEMBER: Please move your bookmark, and — try something new! — subscribe to Engaging Conflicts! If you’d like to learn more about RSS or web feeds from a podcast or blog consumer’s point of view, visit our RSS FAQ.

December 20, 2006

Holiday Thoughts: Why We Shop, Ethical Shopping, and the Hunger Site — EngagingConflicts.com

Filed under: Ethics,Spirit,Tips, Treats, and Tools — Gini @ 8:39 am

With this rich season of holidays and celebrations, here are some online selections to inform our actions, and aid charitable giving:
“Why We Shop” by Jennifer Michael Hecht (will require a subscription to the New York Times’ Times Select to access): “History suggests that holiday shopping fills an ancient need to gather and tithe, and serves as a modern-day ritual of renewal;”
Some “ethical shopping sites”, thanks to the Thinking Ethics blog; and — my favorite online donation site — The Hunger Site, where “[y]our click helps feed the hungry with the value of 1.1 cups of staple food.” I love this site especially because it also has tabs across the top for donations to The Breast Cancer Site, where “[y]our click, along with others today, will fund free mammograms for women in need;” The Child Health Site, where “[y]our click, along with others’ today, provides basic but critical health services to more than 1,000 children. Each click helps prevent life-threatening diseases, restore vision to blind children, and enable child amputees to walk; The Literacy Site, where “[y]our click, along with others’ today, helps children in need discover the joy of books;” The Rainforest Site, where “[y]our click has funded the preservation of 11.4 square feet of endangered rainforest;” and The Animal Rescue Site, where “[y]our click provided the value of .6 bowls of food and care to a rescued animal in a shelter or sanctuary.”

Just clicking where indicated gives the donation — all you spend is a little time. You can sign up for emailed reminders to visit the site.

REMINDER: this blog is now at EngagingConflicts.com.

November 9, 2006

Web Science Includes the Social Impacts of Web 2.0

A Thinking Ethics post from Nov. 6:

Web science

MIT and the University of Southampton, UK, are launching the new field of Web Science. The research will guide the future design and use of the world wide web. Tim Berners-Lee says the web is full of blogs that are inaccurate, defamatory and have uncheckable information. This new program is aimed at adding intelligence to the web, and will cover things like trust, responsibility, empathy, and privacy. It looks like Web 2.0 will be kinder and gentler. more

The link goes to a New York Times article:

Web science, the researchers say, has social and engineering dimensions. It extends well beyond traditional computer science, they say, to include the emerging research in social networks and the social sciences that is being used to study how people behave on the Web.

Further:

Web science represents “a pretty big next step in the evolution of information,” said Eric E. Schmidt, the chief executive of Google, who is a computer scientist. This kind of research, Schmidt added, is “likely to have a lot of influence on the next generation of researchers, scientists and, most importantly, the next generation of entrepreneurs who will build new companies from this.”

Web science is related to another emerging interdisciplinary field called services science. This is the study of how to use computing, collaborative networks and knowledge in disciplines ranging from economics to anthropology to lift productivity and develop new products in the services sector, which represents about three-fourths of the United States economy. Services science research is being supported by technology companies like I.B.M., Accenture and Hewlett-Packard, and by the National Science Foundation.

And:

Ben Shneiderman, a professor at the University of Maryland, said Web science was a promising idea. “Computer science is at a turning point, and it has to go beyond algorithms and understand the social dynamics of issues like trust, responsibility, empathy and privacy in this vast networked space,” Shneiderman said. “The technologists and companies that understand those issues will be far more likely to succeed in expanding their markets and enlarging their audiences.”

 

November 6, 2006

Engaging Conflicts Today Interview With Ken Cloke

Today’s issue of Engaging Conflicts Today includes the conclusion of Ken Cloke’s interview, and an excerpt of my book review of his new book, The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution. The review is being published in full today in the Colorado Council of Mediators November newsletter, and is pending publication in the Peer Bulletin, a monthly newsletter for Peer Resources Network members. If you would like to get both parts of Ken’s interview, and aren’t already a subscriber to Engaging Conflicts Today, please do two things: subscribe to the newsletter, and send an email with “Cloke” in the subject line to gn@gnconflictmanagement.com. You can subscribe through the box provided in the sidebar on the right!

November 3, 2006

Free Ethics Resources Online — EngagingConflicts.com

Filed under: Ethics — Gini @ 5:51 am

Sample offerings in ethics from around the blogosphere this Friday morning:

Convenor Conflict Management page on Ethics In Dispute Resolution

Program On Negotiation at Harvard Law School’s online directory of free ethics-related downloads

October 18, 2006

See-Through Science: Why Public Engagement Needs To Move Upstream

Filed under: Ethics,Theory To Practice — Gini @ 11:22 am

Politics and science needn’t be like oil and water. How do scientists make their advice credible to a sceptical public? How can social outcomes of scientific and technological developments be improved by, yes, “engaging” the public from a substantive perspective (“citizens are seen as subjects, not objects, of the process. They work actively to shape decisions, rather than having their views canvassed by other actors to inform the decision[s] that are then taken”), not just normative (“dialogue is an important ingredient of a healthy democracy”), or instrumental (“engagement processes are carried out because they serve particular interests”) ones?

James Wilsdon, a researcher on science, technology and sustainable development at Demos (“The Think Tank For Everyday Democracy”), and Rebecca Willis, then Associate Director of Green Alliance (“thinking, talking, acting on the environment”) and Vice-Chair of the UK’s Sustainable Development Commission, published a thoughtful piece in the context of comparing public involvement in genetically modified foods, and nanotechnology, on “See Through Science” in January 2005. Here is their .pdf article:

changethis-see-through-science.pdf

October 16, 2006

Kenneth Cloke’s Locations Of Conflict and Techniques, Part Three

 

Here’s the final piece of Kenneth Cloke’s locations of conflict and related mediation techniques, taken from his new book, The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution. Ken’s personal interview begins in this week’s issue of my newsletter, Engaging Conflicts Today — you can subscribe through the box provided in the sidebar on the right!

The remaining locations of conflict (at 71), and some suggested mediation techniques for each ‘by location” (at 78-85):

 

5. In our hearts, where attitudes become closed or open, withholding or forthcoming, self-centered or compassionate, revengeful or forgiving (heart techniques assisting people in engaging in heartfelt conversations and reaching reconciliation, such as asking direct, honest questions that encourage integrity and trust). (Note: according to Ken, this is where the greatest deficit in current models of mediation exists).

6. And in our systems, where cultures, contexts, conditions, and environments become adversarial or egalitarian, competitive or collaborative, autocratic or democratic (systems design techniques that attempt to resolve the systemic, contextual, cultural, and environmental sources of conflict in ways that can prevent future conflicts, such as using dialogue, coaching, and mentoring to alter entrenched behavior patterns).

Ken’s book can be purchased directly from his publisher, Janis Publications, here: http://www.janispublications.com.

October 14, 2006

Kenneth Cloke’s Locations Of Conflict and Techniques, Part Two

 

This continues the excerpt from Kenneth Cloke’s new book, The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution, on locations of conflict, with suggested mediation techniques for each:

3. In our emotions, where anger, fear, jealousy, guilt, shame, and grief emanate and strive for release (emotional techniques using a subtle, sensitive, facilitative, empathetic approach, such as searching for emotional triggers).

4. In our spirits, where intentions, energy, life force, or chi become attached, intolerant, or unforgiving (spiritual techniques assisting people to move beyond resolution to forgiveness and increased mindfulness or awareness, such as asking questions that encourage responsibility for intentions, attitudes and choices).

See Monday’s post for the final two locations. Ken’s book can be purchased directly from his publisher, Janis Publications, here: http://www.janispublications.com. I’m interviewing him in the next issue of Engaging Conflicts Today — sign up in the sidebar to the right!

October 13, 2006

Kenneth Cloke’s Locations Of Conflict and Techniques, Part One

 

Kenneth Cloke’s The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution, is a book by an experienced mediator about many things, including his conclusions after many years of a rich and varied practice. Ken’s interview begins in the next issue of Engaging Conflicts Today, and he has given permission to excerpt portions of his book here — sign up for the newsletter today through the sidebar on the right!

Here’s part of his list of explanations why we get stuck in conflict, of distinct yet indivisible locations of conflict (at 71), and some suggested mediation techniques for each “by location” (at 78-85):

 

1. In our physical bodies, where stress is internalized and translated into chemicals that prepare us for aggression or defense (physical techniques that pay attention to body language, physical movement, and sensory awareness, such as using body language to counteract aggressive or defensive postures).

2. In our minds, where distinctions and judgments are formed that bolster our positions and justify aggressive or defensive reactions (mental techniques that resolve conflicts mentally, logically, sequentially, and intellectually, such as contracting and agreeing to work toward solutions).

I’ll be posting the rest over the next few days. Ken’s book can be purchased directly from his publisher, Janis Publications, here: http://www.janispublications.com.

October 6, 2006

About Thinking Ethics

Filed under: Ethics — Gini @ 11:00 am

I read the Thinking Ethics blog. Here’s more about it, in case you might want to check it out:

Thinking Ethics was a project launched in Geneva to foster the debate about ethics. A few friends, fed up with only reading about abuses in the media, decided to hold a forward-looking seminar on five subjects: ethics and performance, ethics and knowledge, ethics and consciousness, ethics and disobedience and ethics in real time. If moral has to do with right and wrong, then ethics is its application in society. We believe that people need to talk about the subject to determine the level of ethics they want. The book Thinking Ethics, a result of the seminar, is to start the discussion. This blog is a contribution to the conversation.

They look in many areas, not especially in the conflict field, however. I will be collecting resources for this topic through this category (Ethics) in the blog. For ethics in mediation, another resource is the CRInfo’s  website (Conflict Resolution Information Source).

October 2, 2006

Kenneth Cloke: Paths To Transcendence, Part Two

Last week I posted the first five of “ten paths to transcendence” identified in Kenneth Cloke’s new book, The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution (see last week’s post for the first five and for Ken’s definition of transcendence). Here are the final five:

[Five of the] Ten Paths to Transcendence:

6. Craft a question that asks people to speak and listen directly from their heart

7. Work collaboratively to redesign and reform the cultures and systems that produced or reinforced the conflict.

8. Clarify and reinforce what was learned from the conflict, and use it to improve and evolve to higher levels of conflict and resolution.

9. Move the conversation toward forgiveness and reconciliation.

10. Design and execute a ritual of release, completion, and closure.

Ken’s book can be purchased directly from his publisher, Janis Publications.

September 28, 2006

Kenneth Cloke: Paths to Transcendence, Part One

 

Kenneth Cloke’s new book, The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution, is a book by an experienced mediator about many things, including his conclusions after many years of a rich and varied practice. Ken will be interviewed this fall and early winter in Engaging Conflicts Today, and has given permission to excerpt portions of his book here. In his book, he proposes and explores the transcendent mediation style (see this earlier post on styles of mediation, and this earlier post on his definition of transcendence). Here are the first five of his ten paths to transcendence – the final five will be posted next week:

[Five of the] Ten Paths to Transcendence:

 

1. Engage in committed, openhearted listening, as though your life depends on what you are about to hear.

2. Use a spotlight of narrow, focused attention and a floodlight of broad, sweeping awareness to clarify what is taking place beneath the surface.

3. Use dangerous empathy to search for the center of the conflict within yourself, then ask questions to discover whether the same might be true for others.

4. Use dangerous honesty to communicate your deepest understanding to others.

5. Use your heart to locate a heart space in the conversations, then open and expand it.

Ken’s book can be purchased directly from his publisher, Janis Publications.

September 26, 2006

Mediation Styles Include Eclectic

Kenneth Cloke’s new book, The Crossroads of Conflict: A Journey Into the Heart Of Dispute Resolution, is a book by an experienced mediator about many things, including his conclusions after many years of a rich and varied practice. Ken will be interviewed this fall and early winter in Engaging Conflicts Today, and has given permission to excerpt portions of his book here. He identifies seven mediation styles. There is not universal agreement about all of them, and there is dispute about some:

1. Conciliative

2. Evaluative or directive

3. Facilitative

4. Transformative

5. Spiritual, heart-based, or transcendent

6. Systems design

7. Eclectic

I’m especially interested in our thinking more about “eclectic,” or “protean” styles (see this earlier post about Peter Adler’s and Robert Benjamin’s “protean” mediation or negotiation style). People are different, circumstances and settings are different, people are different in different circumstances and settings ….

Ken’s book can be purchased directly from his publisher, Janis Publications: http://www.janispublications.com.

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