MBBI-LA and Rotary are partnering on a two-day training event which kicked off on September 23rd. Qualified MBBLA dialogue faciliators are training Rotarians on how to facilitate difficult conversations within their clubs. The sessions (pictured below) are lead by MBBI member and peace fellow Scott Martin. [Read more…]
Louise Phipps Senft, Esq. founder and CEO of Baltimore Mediation, was interviewed by Nurulayn Noor, MBBI Writer, on June 30th, 2017
Honored as a top CEO by SmartCEO Magazine for her leadership of Baltimore Mediation, the first transformative mediation company in the US, which she founded 24 years ago, Louise Phipps Senft is a recognized pioneer in the field, and a renowned mediation advocate, trainer, entrepreneur and public figure across the US and Europe.
Louise began her journey in mediation when she was dissatisfied by working as a litigator in a corporate law firm. She found that litigation worsened conflicts, whereas mediation attempted to resolve them, therefore, she searched for ways to regain a human connection with cases and began inviting opposing sides in litigation to engage in face-to-face dialogues. Eventually, she began internally mediating within her law firm for clients before they became litigation clients—while this resulted in fruitful outcomes, it did not fit the culture of the large firm, and Louise realized then there was an unfulfilled need for lawyers (and others) to fill. By engaging in mediation with clients, she helped people in a different way—which was also deeply satisfying to Louise as it felt more aligned with her beliefs about people and the world. [Read more…]
This is the fifth article in Mediators Beyond Borders’ six-part series answering, “What would your company/industry/field, and region, look like if adversarial decision-making systems were replaced by collaborative ones?” This article explores the mediation field in the Balkans.
In a multicultural society, there are different notions of justice and variations of moral concepts. Different economic, social, and personal issues overlap with linguistic differences, making it difficult to find a universal understanding of “justice” that addresses the interests of all stakeholders. The Balkan countries, having traditionally been a focus of political turmoil and power plays, are faced with this problem.
Finding a solution to a dispute through a mutually beneficial compromise, achieved by the parties themselves rather than a decision from a third party (e.g a court), increases the sense of justice between the disputants. The sense of justice depends on individuals’ ethical and moral views in light of the region’s ethnic and cultural contexts. This is why the Balkan Association for Dispute Resolution (BADR) believes that the combination of lawyers’ and mediators’ knowledge of the legislation of each of the countries affected by the dispute, and the use of mediation techniques, will lead to the quickest, most adequate, and efficient solution to commercial disputes.
It is time to establish new conditions for dialogue—stimulating the contact between individuals of different cultural and religious backgrounds. There must also be an education in tolerance and mutual respect— so as to learn to hear through the ears, and look through the eyes, of others. The Balkans needs a new global culture of solidarity, empathy and collaboration. BADR has is uniquely positioned to change from the norm and resolve disputes through mediation in the Balkans. [Read more…]
This is the fourth article in Mediators Beyond Borders’ six-part series answering, “What would your company/industry/field, and region, look like if adversarial decision-making systems were replaced by collaborative ones?” This article explores the mediation field in the European Union region, with a specific focus on Romania and Italy.
In response to what the field of mediation in Romania, Italy and the European Union (EU), would look like if adversarial decision-making systems were replaced by collaborative ones, one might begin by saying the question appears ironic. This is given the fact that the field of mediation is collaborative par excellence – and that mediators walk their talk and are experts on collaboration. Yet, upon closer inspection, at least in Romania and Italy, if not in other EU countries as well, adversarial decision-making systems exist and the question is worthwhile.
The European Parliament’s Committee on Legal Affairs, on 5 July 2011, adopted a Motion for a European Parliament Resolution on the implementation of the directive on mediation in Member States—its impact on mediation, and its use by the courts (2011/2026(INI)). According to point nine of the Motion, “[…] Member States whose national legislation goes beyond the core requirements of the Mediation Directive seem to have achieved important results in promoting the non-judicial treatment of disputes in civil and commercial matters; [the Commission] observes that the results achieved in particular in Italy, Bulgaria and Romania prove that mediation can bring about a cost-effective and quick extrajudicial resolution of disputes through processes tailored to the needs of the parties”. [Read more…]
This is the third article in Mediators Beyond Borders’ six-part series answering, “What would your company/industry/field, and region, look like if adversarial decision-making systems were replaced by collaborative ones?”
As law school professors, it is an interesting endeavor to examine conflict and collaboration on our home turf. Universities are prime breeding grounds for conflict because of their hierarchies and other structural elements, including funding and redress policies. Conflicts can occur on both a horizontal level (i.e. amongst peers and colleagues) and a vertical one (i.e. between students and faculty). Students, faculty and staff can be pitted against each other to compete for resources and status—while at the same time being encouraged to collaborate .
Adversarial decision-making and conflict in the Academic Setting
Academic settings are, by nature, adversarial. Barsky conducted a study of conflict in university settings and found that: competition, hierarchy, a stressful work environment and bureaucratic limitations were the most prevalent sources of conflict . Morgan also explains that competition for status, resources and career- advancement fuel conflict in an academic setting . The conflict is problematic, and can negatively impact mental health.
More recently, however, the solitary learning model, where students work mainly alone, and the competitive fight for resources, which fueled adversarial tendencies, has have been modified to encourage teamwork and collaboration. These examples offer a window to examine what an academic institution could look like if adversarial processes were replaced with collaborative ones. [Read more…]