2024 Maryland Mediators Convention

Two lawyers with disabilities, who work in alternative conflict approaches, will co-moderate this session, collaborating with recognized resolvers, exploring DEIA efforts and asset-based thinking solutions. Often, forums intended to address conflicts have their own barriers to participation, including a lack of diverse resolvers with disabilities. This session will explore two inter-related topics; accessible and usable physical or online forums and expanding the cadre of  professionals with disabilities who lead the ADR field.

Dive into the evolving landscape of mediation as experienced Maryland mediators share their insights in 'Balancing Realities.' Join us for a dynamic panel discussion exploring strategies for navigating both virtual and in-person mediation post-COVID. Gain invaluable perspectives on adapting to the new normal while maintaining effective mediation practices.

Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict using specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. 
A community conference is a process, facilitated by an invested restorative justice facilitator, of a community of people affected by harm. The conference provides a space in which those who have caused harm, those who’ve been harmed, their respective supporters, and self-identified resources can seek ways to resolve the incident, minimize further harm, and prevent it from happening again. This process provides the space for accountability, healing, and resolution. 
Purpose of workshop: 
When there has been an incident of harm or conflict, individuals often seek out structured processes to assist in resolving the matter. Most individuals have heard of mediation and assume that that is the process that will support resolution. Individuals rely on professionals to recommend a process that will support their community. 
Mediation and facilitation are often used interchangeably. Although the goal is resolution for both processes, the structure of the process and the techniques of the facilitator vary depending on the process that is chosen. 
This workshop will explore the qualities of both processes to examine and unpack the similarities and differences as well as which structure will support the individuals involved. 

Together the presenters have many years of mediation experience. In this session they will share some ethical and practical challenges they have encountered in the areas of confidentiality and neutrality. Next, the audience will be asked to react to 3 scenarios and share what they would do as to the scenarios and relate them to the Mediator Standards. Finally, the audience will be asked to share difficult or challenging mediations they have experienced and discuss how they resolved the situation or they can ask for audience insights.

Sharing multiple years of conflict resolution, Examining ethical and practical challenges and Highlighting lessons learned in the areas of neutrality, confidentiality, and competency.

The session will be interactive. We are still learning. We want to know how you are surviving and serving in the Eye of the Tiger.

Relevant Standards of Conduct:
Standard II: Impartiality
Standard IV: Competence
Standard V: Confidentiality

The session leaders will share their thoughts on some of the challenges they have encountered in mediation, how they learned to deal with these, and how these experiences shifted their approaches. There will be demonstration role plays and some small group discussion as well as opportunities for questions and experiences to be shared by the participants. Topics will include dealing with extreme anger, seeking hidden underlying needs, choosing when to move between the stages of mediation, shifting from past to future, when to caucus, when to intervene, reflecting back in helpful and intuitive ways, and determining how to connect the parties. The leaders expect to learn from the session participants as well as to share their own ideas.

This engaging, interactive session explores gender identity as a diversity issue. The session will cover LGBTQIA+ terminology, legal issues, and communications, with a heavy emphasis on transgender, gender fluid, and non-binary identities. Special attention will be paid to language, pronouns, honorifics, legal issues, social stigma, risk factors, acceptance, and inclusion issues associated with gender diversity. It will be a safe space for questions, comments, concerns, and discussion of transgender topics.

This session will define parental alienation, describe the eight indicators of alienated children and the five categories of behaviors of alienating parents. The presenter will introduce the psychology of the attachment dysfunction in the parent/child relationship that is the intended result of parental alienation. The session will discuss some challenges of addressing parental alienation through family court and therapy and suggest implications for family mediation as parties experiencing parental alienation may show signs of trauma and mental health issues.

The data-based presentation contains citations from authors, researchers, and mental health practitioners working in the field of parental alienation as well as quotations from adults who experienced parental alienation as children.

United States Surgeon General, Dr. Vivek Murthy, declared in May of 2023 that loneliness is an epidemic to be addressed by both community and individual efforts. This presentation will focus on the community responsibility to use mediation as a tool to foster connection. During this session participants will learn about the report on the epidemic of loneliness and the data underlying it. Participants will also have an opportunity to connect with other practitioners to discuss how loneliness has affected their communities. By the end of the presentation participants will walk away with ideas to address loneliness in their communities.

This program will offer portions of the 4-module asynchronous on-line course "Bringing Your Practice to Maryland". The interactive course is designed for a mediator trained or practicing outside of Maryland, or for any mediator seeking a refresher on the rules, statutes, guidelines and resources impacting the practice of mediation in Maryland. Bringing Your Practice to Maryland was created by the Center for Dispute Resolution at Maryland Carey Law with financial support from the Mediation and Conflict Resolution Office of the Maryland Judiciary (MACRO). The complete four-module course is available to the public through the Anne Arundel Community College.

Mediating money cases requires different skills from those needed to mediate interest-based cases.  This presentation highlights unique aspects of mediating money cases, with an emphasis on providing practical tips for the ADR practitioner. Topics covered will include:  1) getting and using confidential mediation statements; 2) conducting pre-mediation phone calls with each counsel, 3) creatively using the first round of caucuses, including active listening and giving “homework assignments;” 4) understanding that proposals are about more than dollars; 5) helping the parties deal with loss aversion and the grieving process that stem from making concessions; and 6) getting the parties to close the gap if possible.

Elaine and Wendy will present information about the concept of “face” and the impacts we see in mediation when parties want to “save face.” Face is about how one perceives themselves, how they think others see them, their place in their community, and how the larger society perceives their community. While this is a universal aspect of being human, it is not universally expressed, and there are special ramifications for marginalized communities including people with disabilities. Wendy and Elaine will provide ideas, examples, strategies for building awareness, reflecting, and thinking about the timing of intervening in a mediation exchange.

What happens when parties (or their counsel) try to wrestle the control of the mediation session from the mediator? Whose process is it, anyway? Does self-determination provide parties a voice in structuring mediation? Mediation provides mediators with the opportunity to not only resolve conflict, but to teach skills to participants on how to address conflict by giving them choices about how mediation occurs. This session will discuss how we, as mediators, can maximize parties’ self-determination, while also ensuring the integrity of the mediation process itself.

In this program, attendees will explore the topics of Self-Awareness, Situational Awareness, and Listening, in order to help them understand how best to use their communication skills.  By introducing and refreshing simple techniques, we will look at how our own behavior may be instrumental in setting the tone for interactions with other people, and how we can use what we know about ourselves to effect better communication and resolution when conflict occurs. This awareness, along with some very specific listening techniques, will empower audience members to get the conversations they want and the outcomes they desire.  Using handouts and digital polling, along with a simple slide deck and examples, this program is both informative and interactive.

Designed for roster mediators and program managers alike, this panel discussion will feature ADR roster managers sharing their insights on what it takes to be a successful circuit court mediator and manage an ADR program. Topics we will explore include case management, mediator selection process, participant evaluation surveys, and tips for working successfully with the courts.