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THE VMN LINK Connecting the Virginia Mediation Community December 2020 In This Issue: President’s Message President’s Message…....1-2 I am honored to be your servant leader for the VMN Conference 2020-2021 term of VMN. VMN has survived and Committee News…………...2 thrived during this tumultuous time in our world’s history. The 2020 Election is behind us and VMN Virtual President Elect Joseph Biden and Vice President Learning Registration ..…..3 Elect Kamala Harris are set to take office in January. America has experienced deep divisions amongst its citizens over the last 4 years. We are in a unique position as mediators and conflict resolvers with VMN Fall our acquired knowledge and practice skills to assist people Conference communicate in a non-contentious manner and build bridges between Wrap Up…..…………..…....4 them. Our active listening skills places us to hear beyond the positions espoused and hear their hearts message, fears and desires VMN MC3 for the future. We know how to reframe, remove contentious words, Press Release…………...5-6 paraphrase and summarize what is being said, so that the other may hear what is said and reduce defensiveness. Fortunately, we know problem-solving works and zero-sum thinking will not. VMN Committees …….........…....7 We realize this past year has been very difficult for you and your families. So many sacrifices have been made and likely there may be VMN Historical a few more before the pandemic is arrested and controlled in a manner that allows us to gather, share, laugh and enjoy each other. Article by We have been forced to learn how to Zoom and now are comfortable Pamela Struss ……..….8-10 with the virtual world. Please know we think about you and your families often and are here if you need us. The Trust Network………………….11 As I look forward to the next year we are committed to supporting our members in a variety of ways: raise awareness of our value to the judicial system and the community, make new connections with other organizations who share our values and goals, increase their knowledge of mediation practice and support learning new conflict resolution practices and engage our members to become involved in their communities in which they live. We will continue seeking and making connections with new avenues for you to use your mediation skills. Continued on page 2
Continued from page 1 Please join us on our monthly webinars and because you are a member your costs are nominal. Watch for other upcoming virtual events the VMN website at vamediation.org. Remember you are a skilled listener and that is what our fellow humans crave-someone to listen to them. We wish you a Happy Thanksgiving, Happy Hannukah, Merry Christmas, Kwanzaa Blessings, Winter Solstice with 108 Salutations and Happy New Year 2021! 2020 you are outta here! Stay tuned for a great year of mediation. And for your and everyone’s health wear a mask, social distance and wash your hands. Peace be with you- Pam Pamela Struss, VMN President 2020-2021 pamelastruss@gmail.com Professional Development & Conference Committee Information The Conference Committee has broadened its scope to include discussing and planning activities related to events where CME credits or other Professional Development opportunities for members or the general public would be made available. In addition, several Committee members are reviewing past “virtual learning events” to determine the future of those recordings. Consideration will be given to: deleting some; re-offering some, with the permission of the presenter for CME credits; or placing the recording in a Member Resource Library (CME credits would not available). Volunteers for this Committee are welcome! Please email virginiamediationnetwork@gmail.com to join the committee. Dale Robinson, VMN Board of Director 2
VMN Welcomes Andrea Palmisano Thursday, December 10, 2020 4pm to 6pm Trauma can substantially impact our mediation clients' behaviors, thus potentially jeopardizing their ability to make rational decisions, rather than ones triggered by defensive and protective psychological mechanisms. In this workshop, mediators will learn how to recognize clients' behaviors that might be a result of trauma, and best practices regarding how to proceed in mediation if those behaviors occur. My educational background includes a Masters in Clinical Psychology, a PhD in General Psychology, and certifications in both general and family mediation. I worked at Newark Beth Israel Medical Center, NJ as a Parent-Child Therapist, treating children and families with a history of abuse and neglect, and as the Youth Program Director at the Community Mediation Center in VA. I am currently an Associate Professor of Psychology at Tidewater Community College and have a private mediation business that includes mediation, training, and mentoring services. Originally from Brazil, I love dancing, traveling, reading, and celebrating the best that each unique culture offers to the world. Click here to register online today! 3
VMN’s 2020 Virtual Fall Conference: It’s a Wrap The Virginia Mediation Network, as a part of the 30th Year Anniversary, convened its first ever Virtual Fall Conference this past September. Due to the pandemic, VMN had to adapt to the new normal and reorganize their Fall Conference design to a Zoom virtual platform. With the support of corporate sponsors (GMU Jimmy and Rosalyn Carter School for Peace and Conflict Resolution; and Virginia Tech Office for Equity and Accessibility), the conference was held over a two-week period that encompassed presenters all over the Commonwealth and the states of Massachusetts, Nevada, Oregon, and Texas! Our Welcome speaker, Ken Cloke, delivered his remarks during the wildfires from California and our Keynote speaker Dr. Marvin Johnson spoke to us from his office in Maryland. As a conference participant registrants were able to pay a single registration fee and then attend unlimited session offerings. Some topics included: Building Your Practice Expanding Your Skills... ; Mediating Online; Mentoring New Mediators; The Conflict Paradox: Seven Dilemmas We Must Understand to Resolve Conflict; Women Negotiators: Addressing Fears and Challenges; and a course on Ethics. Classes were approved by Virginia’s Office of DRS, which allowed participants to earn those coveted CME credits toward recertification as a VA Supreme Court Certified Mediator. According to conference reviews many said they missed the live interactions and networking that happens at the in-person conference, yet, this was an enjoyable, efficient, and safe way to conduct the 2020 Fall conference. “I liked that I did not need to leave my home to participate” or “…with a simple internet connection, I could connect from anywhere”; “Access to such phenomenal presenters was awesome”; these were a few of the many comments submitted by conference attendees. The VMN Conference Planning Committee is already looking at 2021 to consider how they can improve upon the offerings and topics that members have found resourceful and relevant. Our gratitude of thanks is given to members and guests who joined us for the 2020 Fall Conference. Submitted by Daniel Hand, 2020 Conference Committee Chair 4
MC3 Expands its reach in Agreement with the Virginia Mediation Network Mediator Certification effort extends to East Coast with new alliance LOS ANGELES, Calif. (November 17, 2020) – MC3, the Gold Standard for Mediator Certification, and the Virginia Mediation Network (VMN) have entered into an agreement whereby MC3 and the VMN have agreed to work cooperatively in support of the MC3 Certification Standards. The agreement further establishes the VMN as an Allied Organization of MC3, encouraging VMN members to apply for MC3 Mediator Certification, a benchmark for mediator training, education, practical experience and continuing professional activity and development. Mediators in California, Oregon, Utah and Virginia have qualified to be MC3-Certified Mediators in the eleven months since MC3 first launched. The agreement, announced jointly by Dr. Jack R. Goetz, President of MC3 and by Dr. Pam Struss, President of VMN, was shared as a statement of mutual support. MC3 and VMN will reciprocally link their respective websites. Additionally, MC3 has further agreed to provide a rebate of a portion of the cost of initial certification to VMN members. Finally, as an Allied Organization of MC3, VMN recently invited MC3 principals to present and discuss mediation, professional standards, ethics and other topics related to the practice of mediation at the annual VMN Fall Conference, which took place in late September. The agreement also designates VMN as an Education Provider to offer virtual webinars that meet CME/CLE requirements. “MC3’s ability to act as a neutral in certifying mediators on standards and values held universally in our field made a difference for us,” said Pam Struss, in support of the newly announced agreement. “The other certifications we researched primarily ensued from the completion of education offered by the certifying organization, whereas MC3’s own bylaws prevent them from offering educational programs. From education and training to practical mediation experience, to continuing professional development, the MC3 Certification is a model that we believe can benefit our Virginia mediation community as well as our field as a whole.” Jack R. Goetz, MC3 President, added, “MC3 is an effort to more firmly establish mediation as a profession; A profession guided by rigorous professional and ethical standards and committed to upholding those standards for all of the work we do and the communities we serve. We are very appreciative that VMN has agreed to support that standard and look forward to welcoming qualified VMN members to our expanding directory of MC3- Certified Mediators.” Continued on page 6 5
Continued from page 5 About MC3 MC3 is nonprofit organized to ensure user and public confidence in the mediation process by setting standards for mediator training, education, and ethics and by maintaining those standards through its certification program. MC3 has set a higher standard of review than other credentialing agencies in mediator education including an ongoing requirement for continuing education as well as a requirement that MC3-Certified Mediators have a basic understanding and familiarity with legal/ litigation terminology and California courtroom procedures as well as understanding of the ethics that guide mediation practice and policy. All MC3-Certified Mediators complete employment background checks and have agreed to a Quality Assurance program that provides disputants with an opportunity to address any ethical concerns that may have arisen during the course of a mediation. To learn more about MC3, visit the MC3 website at: www.mc3certified.org. About VMN The Virginia Mediation Network (VMN) is a multicultural organization whose mission is to promote public understanding of conflict resolution services and provide its members with interdisciplinary knowledge and skills and a community to enhance their professional success. The VMN envisions a Commonwealth where people choose peaceful ways to resolve conflict assisted by conflict resolution professionals who practice strong ethical values and deliver the highest quality services. To learn more about the VMN, visit the VMN website at: www.vamediation.org Media Contact VMN: Sara McAllister SaraMLPMS@gmail.com (757) 528-2118 Media Contact MC3: Andy Reimer communications@mc3certified.org (323) 630-4798 Follow Virginia Mediation Network on Facebook and LinkedIn! Stay up to date on News & Events! 6
Virginia Mediation Network Committee Volunteer Opportunities! Getting involved does not have to be time consuming. You can decide how much time you have to dedicate to YOUR organization! Join a Committee in 2021 and make your voice heard! Help to increase public awareness of Mediation in Virginia. Professional Development & Conference Committee: The Professional Development Committee plans and provides intellectually stimulating and practice -based educational and networking programs to exchange information on a broad spectrum of mediation and ADR issues and related topics. Membership Committee: The Membership Committee focuses on increasing VMN membership and ensuring the satisfaction of current members with VMN’s services and identifies product and service discounts exclusively for members. The Committee will find ways for VMN members to leverage the “VMN” brand name in marketing their practices. Student Membership Committee: The student membership committee discussed recommendations that could help with student growth. We appreciate being a part of the Virginia Mediation Network and look forward to connecting with mentors and those who have careers in membership to grow our networks and further growth in the mediation field. Communications Committee: The Communication Committee provides frequent communications from the board and its committees to VMN membership. We publish a quarterly newsletter, keep the website up to date and monitor and contribute to VMN's social media pages. Legislative Committee: The Legislative Committee will track Virginia legislative developments, and keep the membership regularly informed of new laws relating to mediation. Specifically, the Committee will track newly proposed bills as they make their way through the Virginia General Assembly, and will report to VMN members on the status of such legislation. Nominations Committee: The Nominations Committee will nominate candidates for vacant board positions. 7
HAPPY 30TH ANNIVERSARY TO VIRGINIA MEDIATION NETWORK, INC. Early Organization-Planning for a Professional Organization for Virginia Mediation Practitioners In celebration of VMN’s Anniversary, this article will offer highlights and significant events in the organization’s life. It can be instructive and enlighten members of how the organization developed. All the information included in this article are taken from the minutes. In 2000, the Board of Directors continued to make sure they were providing value to the VMN members and discussed ways to better support them. A featured presentation of the Fall Conference was how VMN and our members who serve the courts are actively engaged with the judges. The conference committee planned a plenary session with a panel of judges, Sara Cobb of the Harvard Program on Negotiation (now with the Carter School for Peace and Conflict Resolution), Greg Abell of the Washington State Association of Mediators and with the Board of Directors to discuss public policy issues. John Settle recommended VMN draft legislation for all state agencies to serve as a general guideline for ADR as it pertains to their agency. VMN’s lead on this would promote mediation and increase the organization’s visibility. John approached VA Delegate James H. Dillard, who was a strong ally and pledged to assist us, suggested we identify members of the VA House Courts of Justice committee and the VA Senate’s Judiciary Committee in each of our members’ districts where they could be paired with their representatives to provide information, support and answer questions. Ethics in all mediation should include the four legal are discussed during the orientation; it is a sound practice in mediation and outside the courts too. From 2001, VMN and the leadership concentrated on building strong relationships across the state: attorneys, bar associations, judges and community groups. In April of 2001 VMN convened a Public Section Workshop and invited local government and three Federal Government Agency representatives. They presented topics of ethics and workplace mediation. There was a discussion and brainstorming during the workshop with attendees suggesting initiatives and topics of public education marketing, training the trainer sessions and self-care methods. A “Dream List” was developed, and priorities set for developing a professional marketing plan; improving conferences; administrator compensation; community center scholarships; establishing a list serve and a visioning retreat. In 2002, an opportunity for VMN emerged to cement its relationship with state governance. Jim Pope led the Legislative Committee in helping update the mediation statutes (576.4-12 & 581.21-26). which were signed into law by then Governor Mark Warner. Jim also led the VMN effort of joining in an amicus brief before the Virginia Supreme Court in the case of Riggins v. Riggins to adopt the Virginia Court of Appeals ruling in Shoup v. Shoup which established courts enforcing settlement agreements regarding child support once the child reached age of majority and as long as it was in the child’s best interest. Continued on page 9 8
Continued from page 8 VMN was stable and the Board was working hard. The administrator well organized the VMN office to help provide continuity between Boards of Directors and to build the operational foundation. A number of marketing initiatives were implemented such as a brochure to be widely distributed among VMN members, Supreme Court certified mediators, community mediation centers, law schools, prior conference attendees and those on the information lists. A mediation process information video was produced entitled, “Mediation: The Alternative” and was spearheaded by the BOD member Lawrie Parker. The video was funded through grants from the Virginia Law Foundation and the Virginia Department of Social Services Access & Visitation Grant as well as funding from VMN. (An English and Spanish language version of the video can be found on VMN’s website: www.vamediation.org.) The “info disks” were widely sold and distributed as far away as Colorado and Nevada, and received rave reviews. During this same time, John Settle and Carroll Dubac worked with the Joint ADR Committee of the Virginia State Bar to develop training for attorneys to use mediation in their practices. Vickie Williams and Sharon Ferguson led the first multi-culture initiatives. Membership was flourishing with a robust 320 members representing 27% of the state’s mediators. The BOD also examined VMN’s tax status (501 C6) to make sure the organization could participate in lobbying efforts. In 2004 VMN continued to work with other organizations whose mission was conflict resolution including the Mediator Peer Consultation project brainchild of VMN member Jeanette Twomey. The MPC project was a joint venture with the Virginia Association of Community Conflict Resolution (now Resolution Virginia) and VMN. (MPC workshops are still held today for CME credits.) Other joint projects were with the Virginia Interagency Dispute Resolution Council and the Joint Bar ADR Committee; and two results were: developing and teaching a mobile seven-hour training session and a train the trainer course. Other changes/and or initiatives for 2004 included: the newsletter’s format and distribution methods changed from a mailed, paper copy to an electronic version published on VMN’s website; VMN members were provided ADR coaching services to support administrative agencies under Virginia Administrative Dispute Resolution Act (VADRA); the VMN website was reviewed/assessed and work began to create a directory of mediator members under the “Find a Mediator” tab offering the public a way to find a mediator among VMN members. The organization delivered two well-attended conferences. The website evolved too. Transitioning to 2005, committees continued to be an integral part to maintain VMN as a healthy organization. Several of the BOD became involved with the ABA Task Force on credentialing to assess quality assurance, mentoring and credentialing and were on the Standards of Practice Committee. Other VMN committees were: Strategic Planning, Conference Planning, Website, Publications, Marketing and Public Relations, Legislative, Youth, Multicultural, Special Projects and Virginia Bar ADR Liaison. The focus of 2005 was the continuation of providing value of membership through education and information to its members. In 2006, John Curry, BOD member, recognized a gap that he proposed VMN fill in leadership/ advocacy role at judicial conferences, working with DRS, engaging the legislature, advocacy for fair compensation, and efficiencies in the process. He added that he felt VMN members could benefit from sessions focusing on building their individual practices. The “Find a Mediator’s” subscription for interested members were offered at $20 for individuals and $30 for businesses. Many ideas were being floated to distinguish VMN’s mediators and ways increase value of membership. Continued on page 10 9
Continued from page 9 VMN welcomed a new contract administrator in 2007. The Board researched more distribution avenues for the “info discs” which were now in both English and Spanish. And work on the “Find a Mediator” tab on the VMN website continued and were refined throughout this year. 2008 brought a heightened awareness of VMN’s role in the legislative process. The Legislative Committee was directed via a motion that information be gathered about any laws, proposals and bills that will affect mediation and restorative justice; how VMN should react; what actions VMN should take and then implement positions and actions approved by the Board of Directors. One such bill in the legislature that session was HB 1290 which involved restorative justice and the support of the Restorative Justice Association of VA. Of course, approval from membership in participation and direction was important. Reciprocal website linking was considered with the Virginia Association of Community Conflict Resolution Centers including the Northern Virginia Mediation Service, Piedmont Dispute Resolution Center and the Supreme Court of Virginia. Membership numbers could be enhanced if there were discounts in the membership fee if a person decided to join midyear. The BOD noted the challenging financial times people were experiencing during this time. The conference was hosted at the Wintergreen Resort and offered a cost-effective venue. VMN, working with the Joint ADR Committee of the Virginia State Bard in 2009, recognized the importance of the orientation session in appropriate child custody, visitation and support cases. In a joint effort VMN helped with an Elder Law Mediation Training as well as highlighting the topic during the conference. Geetha Ravindra discussed supporting the Federal Reserve Bank in Virginia with training related to foreclosure training as a number of states were using mediation for foreclosure situations. (At the time mediation was not being used in foreclosures in Virginia). The Board discussed widening the VMN umbrella to include other conflict resolution and prevention tools that could fit with the organization’s mission and could increase membership. In addition to the normal categories of membership, non-mediator associate and student memberships could be added. VMN continued to be engaged with DRS about certification and recertification requirements. In 2010 the legislature looked at making the dispute resolution orientation mandatory. A bill did pass out of a Senate subcommittee but did not go any further as the Office of the Executive Secretary at the Supreme Court of Virginia had concerns about the “mandatory” nature. There was still discussion in 2010 about the challenges of using mediation in foreclosures because Virginia was not a judicial foreclosure state. To offer mediation in foreclosures the banking industry would need to be approached directly. Several other states use mediation in foreclosures and offered to support VMN’s efforts. The Board discussed the idea of a “senior status mediator” which would afford some leeway with the number of cases then required for recertification. Also, there was concern about designating mediators as either attorney or non-attorney. A benefit for members in good standing was proposed to allow the members to use their VMN logo on their websites, business cards, letterheads, etc. VMN established the Distinguished Mediator Award program in 2010 which is awarded annually to a VMN member. Paula Young, past President of the VMN Board, was the first honoree. The historical article will be wrapped up in the next newsletter. Significant changes, improvements and initiatives have happened since 2010. Stay tuned! Submitted by Pamela Struss, VMN President 10
The Trust Network and Election-related Violence in the United States https://mediatorsbeyondborders.org/trust/ Conditions in the United States over recent months have been alarming. It is abundantly clear that the need for community cohesion is great. Mediators Beyond Borders (MBB), Election Incident Reporting (EIRUSA), and the National Association for Community Mediation (NAFCM) have teamed up to identify, prevent and mitigate violence stimulated by underlying social issues – before the 2020 elections, during the vote and in the aftermath, and as unity is rebuilt. This effort is called the Trust Network. The Trust Network includes local, state, national and international conflict-management organizations with decades of combined experience. Virginia Virginia has been identified as one of 11 states that could experience election-related violence in the next 4-6 months in any or various communities. We are looking to include the following people in the Virginia Trust Network: Peacebuilders and/or de-escalators willing to be on-call to assist when needed; Community leaders who have the ear of other community leaders and can help legitimize/gain entre for the Network; and Trustworthy people willing to monitor local social or regular media and verify accounts of potentially violent situations. If you can play one of these roles or can assist in another way, please sign up at the following website https://mediatorsbeyondborders.org/trust/join-us/ AND send your contact information to Virginia’s Trust Network Coordinator, Christine Poulson with Resolution Virginia at info@resolutionvirginia.org. Christine can also be reached at (540) 294-0732. We will be building regional coalitions of peacebuilders. Thank you for assisting our efforts to help Virginians be heard …without violence. 11
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