ADR: Beyond Mediation

Pre-requisite: None

Alternative Dispute Resolution (ADR) is fast becoming a standard resource for lawyers, courts, government agencies, and corporations. This workshop outlines the nature of conflict and general strategies for dealing with conflict. It provides an up-to-date look at ADR methods, applications, sources of information, and how to use and participate effectively in ADR. This workshop is invaluable to those looking to pursue in-depth training, certification, or any of the NVMS professional certificate programs.

 

Course Agenda

Overview of ADR methods and principles

  • The nature of conflict
  • Interest-based principles for dealing with conflict
  • What “ADR” means
  • Reasons to use ADR
  • Reasons not to use ADR

ADR Spectrum

  1. Preventative methods and actions
    • Training in good interaction skills
    • Joint, interest-based problem-solving
    • Partnering
    • Ombuds
    • Negotiated rulemaking
    • ADR panels (peer, management, employee/management)
  2. One-on-one
    • Interest-based negotiation
  3. Facilitated methods
    • Mediation
    • Conciliation
    • Group facilitation
  4. Input and advisory methods
    • Neutral evaluation
    • Fact-finding
    • Mini-trials
    • Settlement conferences
    • Non-binding arbitration
  5. Imposed methods
    • Arbitration
  6. Varieties of mediation and associated considerations (ethical, etc.)
    • Evaluative
    • Facilitative
    • Transformative

Managers and EEO counselors as mediators

Lawyers as neutral “mediators”

 

About the Instructor

James Q. Pope, MSW, JD

Jim Pope is an attorney, Supreme Court of Virginia certified mentor mediator, and consultant in conflict management and other subjects related to workplace conflict, employee relations, civil disputes, child support and divorce, and special education. Pope is currently an Adjunct Professor of Mediation and Arbitration at the Catholic University Columbus School of Law and an Adjunct Professor of Mediation at George Mason University School of Law, and has been a guest lecturer at George Washington University School of Law, Georgetown University School of Law, and Howard University School of Law. Pope conducted US Department of State sponsored mediation trainings for the governments of Israel and Palestine and mediated and conducted conflict management, mediation, and negotiation trainings for numerous public and private agencies and organizations, including the U.S. Postal Service, the USDA., the Department of the Navy, NOAA, NASA, NEA, FAA, US Air Force, US Forest Service, the World Bank, the Equal Employment Opportunity Commission, Arkansas Supreme Court, IRS, United States Postal Service, DEA, National Archives, Virginia Supreme Court, Virginia Mediation Network, and Northern Virginia Mediation Service. Pope currently serves as an administrative hearing officer for the Virginia Supreme Court, in which capacity Pope reviews and rules upon state employee grievances related to terminations and disciplinary actions. Pope is a former member of the Executive Board of the District of Columbia chapter of the Association for Conflict Resolution (formerly the Society of Professionals in Dispute Resolution – DC SPIDR). Pope holds a Doctorate of Jurisprudence (JD) from George Washington University Law School, a Master Social Work from Virginia Commonwealth University, and a Bachelor of Arts from University of Virginia.