Greetings!

Thanks for helping to get the word out about the upcoming training on Emotional
Intuition in San Rafael, CA on November 5 and 6, 2009. We still have some places
and so if you know of someone who would benefit from this training we would
appreciate you forwarding them this message and link:
http://johnford.blogs.com/ei4cr

I have mentioned before that I have been working with Jerry Straks to make basic
conflict management and mediation ideas available to a broader audience through
teleseminars. We have worked hard to get ready! To entice an audience we have
developed an online quiz. Feel free to take it yourself. We would also
appreciate it if you would add this postscript on your website, at the end of
your next blog post or somewhere in your newsletter:

"P.S. Have you ever wished you could do more to tame the conflict in your home
or office? I have some friends who can help you do just that. John Ford and
Jerry Straks have been helping individuals and businesses deal better with
conflict for decades. How would you like to have an instant assessment of your
current conflict taming skills? To get your no-cost, personalized assessment, go
to http://www.TamingConflict.com/quiz . As soon as you complete the survey and
submit it, you will receive your own confidential, assessment report by return
email. They'll even give you a few secrets professional conflict tamers use!
Just click on the above link for your personalized assessment and instant access
to the secrets of the pros!

Thanks! Let us know how we may help you in return.
John Ford and Jerry Straks"

Thanks to all for any support,
Best,
John

Greetings!

I need your support helping to get the word out about an upcoming training on Emotional Intuition that I and Eileen Barker will be offering in San Rafael, CA on November 5 and 6, 2009. If you know of someone who would benefit from this training (that builds on the essential skills mediators learn in a standard 40 hour training), I would appreciate you forwarding this email to them.

Thanks,

John

Emotional Intuition:

The Key to Effective Conflict Resolution

with John Ford & Eileen Barker

"This course supplies the missing link from all

 the other conflict resolution classes I've taken."

Emotional issues lie at the heart of every conflict. The ability to deal with emotions skillfully can be the key to achieving lasting resolution.  Yet, for most of us, strong emotions are very challenging and often become roadblocks that lead to impasse.  Rather than fearing the eruption of strong emotions, what if you had the tools to work with them so that, instead of being obstacles, they become a gateway to achieving enduring and more satisfying resolutions?

Surprisingly, the topic of emotions is given scant, if any, attention in most mediation trainings and is non-existent in law, business and other professional training.  This training will help mediators, lawyers, coaches, counselors, managers and others whose work it is to resolve conflict become more skilled and confident in this important arena.  Participants will develop greater comfort with emotions, including anger and other strong emotions.  Participants will learn ways to assess the role of emotion in a conflict situation, surface underlying emotional issues and work with emotions in a constructive and effective way.

November 5 & 6, 2009

9:30 a.m. – 4:30 p.m.

San Rafael, CA

$400/$350 early registration until 10/5/09

$50 discount for Members of ADRNC or Mediation Society.

Fee includes 11 MCLE units

John Ford is an attorney from South Africa who works with individuals and organizations to approach conflict with greater clarity. He mediates workplace and health care disputes, provides skill-based corporate trainings, and teaches at JFK University and Sonoma State University.  He has been the managing editor for Mediate.com since 2000, and is a past president of the Association for Dispute Resolution of Northern California.  www.johnford.com

Eileen Barker is a well-known Bay Area mediator and trainer.  Drawing on over 25 years of experience in law, conflict resolution and psychology, she mediates involving businesses, employment, partnerships, family businesses and divorce.   She is an adjunct faculty member of UC Berkeley School of Law (Boalt) and Hasting College of Law and teaches classes on mediation, working with emotions and forgiveness.  www.barker-mediation.com

Participant Comments:

For information & Registration:

John Ford - 510-632-6192

http://johnford.blogs.com/ei4cr

Greetings,

This message is intended to share some resourcs and to inform you about some of
my upcoming work.

I will again be offering a two day mediation training for the Northern
California Human Resource Association members (and the public) on April 15 and
16, 2009 in San Francisco.

And on May 7 and 8, 2009 Eileen Barker and I will be offering a two day training
on Emotional Intuition for Conflict Resolvers. We believe strongly, that working
with emotions is key to effective conflict resolution, and are ready to support
participants take their skills to the next level.

I am still working with Jerry Straks on a conflict mediation teleseminar. Our
plan is to launch some time later this year-I'll keep you posted.

My own writing has taken a back seat, although I did post something on
disruptive physician behavior and how we can contextualize it as a conflict
management challenge. The article is at
http://johnford.blogs.com/jfa/2009/03/contextualizing-disruptive-behavior-in-hea\
lth-care-as-a-conflict-management-challenge.html

I have also included some new conflict quotes on my quote blog and have included
them below.

I trust you are well,

With appreciation for your support,

John


--------------------------------------------------------------------
Emotional Intuition: The Key to Effective Conflict Resolution
With John Ford & Eileen Barker

Emotional issues lie at the heart of every conflict. The ability to deal with
emotions skillfully can be the key to achieving lasting resolution.  Yet, for
most of us, strong emotions are very challenging and often become roadblocks
that lead to impasse.  Rather than fearing the eruption of strong emotions, what
if you had the tools to work with them so that, instead of being obstacles, they
become a gateway to achieving enduring and more satisfying resolutions?

Surprisingly, the topic of emotions is given scant, if any, attention in most
mediation trainings and is non-existent in law and other professional schools. 
This training will help mediators, lawyers, and others whose work it is to
resolve conflict become more skilled and confident in this important arena. 
Participants will develop greater comfort with emotions, including anger and
other strong emotions.  Participants will learn ways to assess the role of
emotion in a conflict situation, surface underlying emotional issues and work
with emotions in a constructive and effective way.


May 7 & 8, 2009
9:30 a.m. – 4:30 p.m.
San Rafael, CA
$400/$350 early registration by 4/1/09
$50 discount for ADRNC members!

For information & Registration:
John Ford - 510-632-6192
Eileen Barker -  415-925-0900
http://johnford.blogs.com/ei4cr

--------------------------------------------------------------------
Mastering Workplace Mediation (12 CPE Credits)
With John Ford

Human Resource Managers deal with conflict every day- from
personality conflicts between employees to resolving
disputes about performance, discipline, promotions, benefits and
awards. How well HR Managers deal with conflict
is a large part of how they are perceived. Being able to help resolve
workplace conflict is vital to their success.

Through presentation, demonstration and practice, participants learn
a simple mediation process that works. Know when mediation is
appropriate and create a climate for an effective mediation session.
Bring to the surface different perspectives about the conflict,
clarify underlying interests, generate options, and help the parties
move toward the resolution of their differences. Participants will be
given the opportunity to mediate a simple workplace conflict.

April 15 and 16, 2009, NCHRA Training Center, 425 California Street, San
Francisco, CA 94104

Registration: 8:30 a.m.–9:00 a.m. Program: 9:00 a.m.–4:30 p.m.

For more information, please go to: http://www.nchra.org

--------------------------------------------------------------------
QUOTES

"Everything that irritates us about others can lead us to an understanding of
ourselves."
Carl Jung

"You cannot control what happens to you, but you can control your attitude
toward what happens to you, and in that, you will be mastering change rather
than allowing it to master you."
Brian Tracy

"Forgiveness does not change the past, but it does enlarge the future."
Paul Boese


To review all the quotes that I posted in past newsletters (and more
from elsewhere) all organized by the categories listed below, please
visit:
http://johnford.blogs.com/quotes/

(Anger, Appreciative Inquiry, Benefits Of Conflict, Blame, Bullying,
Change, Communication, Competition, Culture, Emotional Literacy,
Facts, Fear, Feedback, Forgiveness, Happiness, Intra-Personal
Conflict, Leadership, Limits Of Litigation, Listening, Living
Systems, Love, Negotiation, Non Violence, Peace, Perception, Power,
Problem Solving, Resistance, Teams, Trust)

------------------------------------------------------------------
     Conflict Management E-Newsletter
              February 2007 #85
------------------------------------------------------------------

Hello all subscribers,

The year is already well under way, and for those to whom I have not
already extended my best wishes for 2008, let me do so now. You may
have noticed that I missed January! I have been working hard on
renovations at my house, and acknowledge my neglect. My hope is that
everything will eventually be done to my house-soon!

An exciting venture that I am undertaking in partnership with Jerry
Straks, is the development of a conflict resolution skills
teleseminar. Plans are underway for the first to be conducted on
April 23, 2008. More details to follow.

I don't have any practice notes to share this month. Don't worry,
more will follow. For now I wanted to alert you to two upcoming
trainings that I will be doing-one on workplace mediation through the
Northern California Mediation Association, and the other on Emotional
Literacy in Conflict Resolution through Sonoma State University.

Details are provided below.

I also wanted to remind you that I will be interviewed by Marty Nemko
(Work With Marty Nemko, NPR) on February 17,

2008.

Towards conflict management competence,

John Ford
P.S. Scroll down for the three new quotes I added to my quote blog
this month.


--------------------------------------------------------------------
Mastering Workplace Mediation (12 CPE Credits)
With John Ford

Human Resource Managers deal with conflict every day- from
personality conflicts between employees to resolving
disputes about performance, discipline, promotions, benefits and
awards. How well HR Managers deal with conflict
is a large part of how they are perceived. Being able to help resolve
workplace conflict is vital to their success.

Through presentation, demonstration and practice, participants learn
a simple mediation process that works. Know when mediation is
appropriate and create a climate for an effective mediation session.
Bring to the surface different perspectives about the conflict,
clarify underlying interests, generate options, and help the parties
move toward the resolution of their differences. Participants will be
given the opportunity to mediate a simple workplace conflict.

March 19-20, NCHRA Training Center, 425 California Street, San
Francisco, CA 94104
May 7-8, Biltmore Hotel and Suites, 2151 Laurelwood Road, Santa
Clara, CA 95054
Registration: 8:30 a.m.–9:00 a.m. Program: 9:00 a.m.–4:30 p.m.

For more information, please go to: http://www.nchra.org
--------------------------------------------------------------------
Emotional Literacy for Conflict Resolution
With Eileen Barker and John Ford

Emotional issues lie at the heart of virtually every conflict. The
ability to deal with them skillfully can be the key to achieving
lasting resolution. Yet, emotions are often overlooked, feared,
avoided and not well understood by mediators, much less the parties.
Learn ways to assess the role of emotion in a conflict situation,
surface underlying emotional issues, and work with emotions in a
constructive way. Topics include:

·  The role of emotion in conflict and conflict resolution

·  The four dimensions of emotional intelligence

·  The science of emotions

·  Developing comfort with emotions (in ourselves and others)

·  Working with anger and other strong emotions

A written assignment is required to receive credit, no partial credit
given.


Sonoma State University
Meeting Info: 2 mtgs: F, Apr 11, 12-7pm, Sa, Apr 12, 9am-5pm
Location: Salazar Hall 2016
Course Info: dept(PSY 490 - 035311)
14 hours CE credit: MFT/LCSW



--------------------------------------------------------------------
QUOTES

"If we have no peace, it is because we have forgotten we belong to
each other."
Mother Teresa

"A good listener is not only popular everywhere, but after a while he
gets to know something."
Wilson Mizner

"They may forget what you said, but they will never forget how you
made them feel."
Carl W. Buechner


To review all the quotes that I posted in past newsletters (and more
from elsewhere) all organized by the categories listed below, please
visit:
http://johnford.blogs.com/quotes/

(Anger, Appreciative Inquiry, Benifits Of Conflict, Blame, Bullying,
Change, Communication, Competition, Culture, Emotional Literacy,
Facts, Fear, Feedback, Forgiveness, Happiness, Intra-Personal
Conflict, Leadership, Limits Of Litigtation, Listening, Living
Systems, Love, Negotiation, Non Violence, Peace, Perception, Power,
Problem Solving, Resistance, Teams, Trust)

--------------------------------------------------------------------
FEEDBACK AND SUBSCRIPTIONS WELCOME

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              December 2007 #84
------------------------------------------------------------------

Hello all subscribers,

Thanksgiving has just past. It is one of my favorite celebrations.
I'd like to take the opportunity to express my thanks for all of you
who are part of my world, whether or not we have met in person.
Thanks for sharing the experience.

This month I wrote about the Following Up after a workplace mediation
and also, for the sake of completeness, addressed the question of how
we can calm down when we are triggered. I hope you'll find both of
interest and use.

Some exciting news for me is the fact that I will be interviewed by
Marty Nemko (Work With Marty Nemko, NPR) next February 17, 2008.

Towards conflict management competence,

John Ford

--------------------------------------------------------------------
PRACTICE NOTES

The Importance of Follow Up

One of the reasons that coaching has become so successful is that we
contract out accountability for our goals to another person. That
person-the coach-checks in with us on a regular basis to see how
things are going without taking responsibility for the accomplishment
of the goals themselves. When we follow up after a mediation that has
produced an agreement, we are essentially doing the same thing. We
are not taking responsibility for the implementation of the
agreement, but we are creating a forum for participants to report
back on how things are going and to explain both the successes and
challenges since the agreement was reached.



Calming Techniques

In a previous practice note I suggested that there are two ways we
can approach our penchant for reactivity when we are triggered. One
seeks to address why it is that we are triggered in the first place,
the more deep and long term solution. The other focuses on the moment
that we are triggered, and seeks to restore short term balance. It
is really the symptomatic response-the band aid-that helps the person
in conflict calm down, and release the primal grip of the amygdala so
that the cortex can come into play. This practice note focuses on
techniques for calming down.


Both these practice notes are available on my blog at
http://johnford.blogs.com/jfa/

--------------------------------------------------------------------
Workplace Mediation Training
With John Ford

The Northern California Human Resource Managers Associaiotn have set
March 19 and 20, 2008 as the dates for their two day workplace
mediation training in San Francisco.  Please email me at
johnford@... if you are interested in participating.

--------------------------------------------------------------------
QUOTES

"Conflict can destroy a team which hasn't spent time learning to deal
with it."
Thomas Isgar


"Within-group conflict is always personal and emotional -- even if it
begins with impersonal issues."
Kenneth Kaye

"Take your life into your own hands, and what happens? A terrible
thing, no one to blame."
Erica Jong

To review all the quotes that I posted in past newsletters (and more
from elsewhere) all organized by the categories listed below, please
visit:
http://johnford.blogs.com/quotes/

(Anger, Appreciative Inquiry, Benifits Of Conflict, Blame, Bullying,
Change, Communication, Competition, Culture, Emotional Literacy,
Facts, Fear, Feedback, Forgiveness, Happiness, Intra-Personal
Conflict, Leadership, Limits Of Litigtation, Listening, Living
Systems, Love, Negotiation, Non Violence, Peace, Perception, Power,
Problem Solving, Resistance, Teams, Trust)

--------------------------------------------------------------------
FEEDBACK AND SUBSCRIPTIONS WELCOME

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              November 2007 #83
------------------------------------------------------------------

Hello all subscribers,

I'm getting back into my writing stride. This month I share two
practice notes. One looks at the difference between a reactive and
responsive approach to life's triggers. The other explores the
differences between managerial mediation and arbitration.

Towards conflict management competence,

John Ford

--------------------------------------------------------------------
PRACTICE NOTES

From Reaction to Response: Conflict As A Choice

Once we embrace that conflict is inevitable in social relationships,
the question we have to ask is "how do we respond?" Responsibly, we'd
hope. Yet, for the most part, when we are in conflict, we are not
very responsive, and tend to be reactive. Shifting to a responsive
approach to conflict is easier said than done. When we are in
conflict situations, we are typically being triggered and reverting
to our unconscious conflict handling scripts.


Managerial Mediation and Arbitration

I will always be indebted to Dan Dana for introducing the concept of
the manager as the mediator to me. It formed the basis of his
powerful training – with the same name- that helped shift the
managerial paradigm for thousands of managers who have benefited from
his training. Dan was the pioneer who blazed the trail.  In this
short practice note I want to consolidate and reiterate his
fundamental insights, and of course add my two cents!


Both these practice notes are available on my blog at
http://johnford.blogs.com/jfa/

--------------------------------------------------------------------
Workplace Mediation Training
With John Ford

The Northern California Human Resource Managers Association have set
March 19 and 20, 2008 as the dates for their two day workplace
mediation training in San Francisco.  Please email me at
johnford@... if you are interested in participating.

--------------------------------------------------------------------
QUOTES

"Our ultimate freedom is the right and power to decide how anybody or
anything outside ourselves will affect us."
Stephen Covey


"To carry a grudge is like being stung to death by one bee."
William Walton



To review all the quotes that I posted in past newsletters (and more
from elsewhere) all organized by the categories listed below, please
visit:
http://johnford.blogs.com/quotes/

(Anger, Appreciative Inquiry, Benefits Of Conflict, Blame, Bullying,
Change, Communication, Competition, Culture, Emotional Literacy,
Facts, Fear, Feedback, Forgiveness, Happiness, Intra-Personal
Conflict, Leadership, Limits Of Litigation, Listening, Living
Systems, Love, Negotiation, Non Violence, Peace, Perception, Power,
Problem Solving, Resistance, Teams, Trust)

--------------------------------------------------------------------
FEEDBACK AND SUBSCRIPTIONS WELCOME

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              October 2007 #81
------------------------------------------------------------------

Hello all subscribers,

I'm moving forward to put the feedback I recieved into place. Again,
my thanks to all of you who took the time who share your thoughts.

I have written three parctice notes, and details of their content is
set out below. To read the full text of the note, you'll have to
visit my blog at http://johnford.blogs.com/jfa/

The audio of the interview that Jerry Straks conducted with me is
also still available-until October 9, 2007. We plan on offering
teleseminars together and I will be communicating more details about
that shortly.

Towards conflict management competence,

John Ford

--------------------------------------------------------------------
PRACTICE NOTES

What Would An MBA Student Do?
Exploring alternatives with disputants (the things they can do on
their own away from the table) requires tact and is best done after
high levels of rapport have been established. Given the sensitivity
of the communications, it is often done in the privacy of separate
meetings (caucuses). If the parties are represented, their attorneys
can play a valuable role and become a mediator's ally. But what if
the disputants are unrepresented? In this practice note I explore
this challenge, and how asking what an MBA student would do helped.

Tears In Mediation
It is only a question of time before someone cries during one of your
mediations. For a new mediator this can be unsettling. What does it
mean and what intervention options are available and indeed
advisable?

How to Recognize Conflict Situations Early
Conflict is inevitable. Disputes are not. A dispute begins when
someone makes a claim or demand on another who rejects it. For the
most part when people think of a conflict, they are already in a
dispute. Being able to distinguish between a conflict on the one hand
and a dispute on the other is a key skill. If we want to address
conflicts early, before they become full blown disputes, we have to
know how to recognize them early.

All these practice notes are available on my blog at
http://johnford.blogs.com/jfa/

--------------------------------------------------------------------
AUDIO INTERVIEW AVAILABLE UNTIL OCTOBER 9, 2007

As a "Thank you!" gift for your faithfulness over the years and for
your generous response to my survey I made the interview conducted by
Jerry Straks available online. It will be left online until October
9, 2007 after which is will be removed. We are going to be offering
conflict resolution teleseminars together in the future. If you are
interested or know of someone who would benefit, please visit our web
site at
http://www.conflictmanagementsuperstar.com

--------------------------------------------------------------------
WORKPLACE RESOLUTION NEWS

I have been editing Workplace Resolution News for Mediate.com. It
allows practioners to send out a customized newsletter to their
clients. It includes a selection of the best articles on workplace
conflict management from Mediate.com, together with news items.
Unless you indicate that you do not wish to recieve it I will send it
out to you. It is sent out four times a year.

This is how the Newsletter is described on Mediate.com:
Workplace Resolution News delivers quality information about
workplace problem-solving and conflict resolution to referral sources
and clients. The purpose of Workplace Resolution News is to elevate
workplace problem-solving and conflict resolution capacities.  By
sponsoring Workplace Resolution News, you demonstrate your commitment
to enhancing workplace collaborative capacity.  Workplace Resolution
News is edited by John Ford and sponsored by Mediate.com.  If
desired, we will send this newsletter, personalized for you, to your
referral sources on your behalf four times annually.

--------------------------------------------------------------------
QUOTES

"The pessimist sees difficulty in every opportunity. The optimist
sees the opportunity in every difficulty."
Winston Churchill

"If your heart acquires strength, you will be able to remove
blemishes from others without thinking evil of them."
Gandhi

To review all the quotes that I posted in past newsletters (and more
from elsewhere) please visit:
http://johnford.blogs.com/quotes/

The quotes are all organized by the categories listed below:
(Anger, Appreciative Inquiry, Benifits Of Conflict, Blame, Bullying,
Change, Communication, Competition, Culture, Emotional Literacy,
Facts, Fear, Feedback, Forgiveness, Happiness, Intra-Personal
Conflict, Leadership, Limits Of Litigtation, Listening, Living
Systems, Love, Negotiation, Non Violence, Peace, Perception, Power,
Problem Solving, Resistance, Teams, Trust)

--------------------------------------------------------------------
FEEDBACK AND SUBSCRIPTIONS WELCOME

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

Dear Subscribers,

Thank you to all of you that took the time to give me feedback. I was
pleased that so many of you were willing to give me the benefit of
your opinion. I am still in the process of setting up new structures
to address the feedback, and at this time wanted to give you a sense
of the results.

Most of you appear to read the newsletter in your email inbox, would
like it to continue on a monthly basis, and are not concerned about
length. A slight plurality of you said you prefer HTML to plain text.

In terms of content, what came through loud and clear was a call for
my views. Your number one content item was articles by me, followed
by case studies, and conflict resolution tips.

Here are my plans to respond: I will revive a monthly html newsletter
that centers on what I will call practice notes. They will focus
sometimes on interpersonal conflict resolution--how to address your
own conflict--and sometimes on the mediation of others' conflict
situations. The practice notes may include case studies and may
sometimes be of sufficient length that they could be called articles.
The practice notes will be published on my blog at
http://johnford.blogs.com/jfa/ My first has been placed online and
more will follow.

I will also offer a free subscription to Mediate.com's Workplace
Resolution News. It is published quarterly and includes articles from
mediate.com and a selection of quotes.

I will continue to enhance my database of quotes through a searchable
system at http://johnford.blogs.com/quotes/ This unique resource
enables you to quickly find a suitable quote on a variety of conflict
management related topics.

And I will continue to develop a related blog with online resources
at http://johnford.blogs.com/conflictmanagement/

I'd like to offer you all a "Thank you!" gift for your faithfulness
over the years and for your generous response to my survey. I was
recently interviewed by Jerry Straks and together we are going to be
offering conflict resolution teleseminars. If you are interested or
know of someone who would benefit, please visit our web site at
http://www.conflictmanagementsuperstar.com


We'll provide you with access to the full one hour interview that
Jerry conducted with me. It is an MP3 file you can download and
replay at your leisure on your computer, iPod or MP3 player. There is
no cost or obligation.

More to follow. And again, a big thanks for all the wonderful
feedback.

With appreciation,

John

My apologies! The period at the end of the sentence invalidates the URL
I provided. The correct URL for the survey is
http://www.johnford.com/pg1025.cfm

Dear Newsletter Subscriber,

I value your opinion and am looking for your feedback before resuming
my newsletter service. As some of you may recall, the last issue
(#80) was sent out in September 2007!

Your responses to the simple survey I have created will be greatly
appreciated. In fact, I'll send all of you who do complete the survey
my white paper entitled "How Much Is Conflict Costing You?" It
includes facts and figures about the direct and hidden costs of
conflict and a cost of conflict calculation worksheet.

Please do take a couple of minutes to give me feedback by going to
http://www.johnford.com/pg1025.cfm.

Since I create my newsletter for YOU, please answer these few
questions on how I could make the newsletter even more valuable to
you.

With appreciation,

John Ford
http://www.johnford.com

------------------------------------------------------------------
     Conflict Management E-Newsletter
              September 2006 #80
------------------------------------------------------------------

Contents:

1. Articles from Mediate.com
2. Intractable Conflict Knowledge Base Project
3. Employer Responsibility For Business Cell Phone Use
4. US Federal Interagency ADR Working Group Posts Final Guides
5. Quotes
6. New Book: Beyond Reason

------------------------------------------------------------------

1. Articles from Mediate.com

Give and Take - The Accommodating Style in Managing Conflict
Dale Eilerman
Of the five conflict styles, accommodating or harmonizing, is viewed
as the "peacekeeper" mode as it focuses more on preserving
relationships than on achieving a personal goal or result. However
in a dispute this creates a lose/win relationship where the
accommodating party may make a choice to acquiesce to the needs of
the other, sometimes out of kindness and sometimes to avoid conflict
or stress. "Giving in" and letting the other person "take" is the
result when this choice is made. While this may be seen as a weak or
non-productive position there are situations when this approach is
preferable and will gain more for a person than by taking a strong
position. It can be both a productive and unproductive
strategy in the "give and take" process.
http://www.mediate.com/articles/eilermanD5.cfm

Flash Flood Warning: After the Early Raine Decision this Year,
Employers' Are Creating a Weather System That Forecasts a
Hurricane
Elizabeth Moreno
Recently, I have been mediating several claims involving the Raine
v. City of Burbank (2006) decision. I thought you would be
interested in how to deal with the problem . . .
http://www.mediate.com/articles/morenoE12.cfm

Transforming Chicago: The Purpose of Partnering
Herman Bingham
Herman Bingham, former Manager, EEO Dispute Resolution for the US
Postal Service, Chicago District and case manager for the
REDRESS® program there, describes his experiences in partnering with
the Institute for the Study of Conflict Transformation
in order to foster discussion about the transformative model among
REDRESS mediators and thereby enhance their practice
confidence and competence.
http://www.mediate.com/articles/binghamH1.cfm

------------------------------------------------------------------
2. Intractable Conflict Knowledge Base Project

This project that focuses on society's most difficult and dangerous
conflicts, includes over 3000 pages of material written with the
help of more than 250 experts. Currently available resources
include:

1. 350+ Essays / Articles - succinct, readable, executive summary-
type articles describing key conflict dynamics and intervention
options. Broad topics covered include, for example: Causes of
Conflict, Conflict Dynamics, Culture, Power, Justice, and Peace
Processes (Peacekeeping, Peace Making, Peacebuilding)

2. 70+ Conflict Expert Interviews - with over 100+ hours of online
audio, plus searchable transcripts.

3. 300+ Book and Article Summaries - providing quick introductions to
key publications.

4. Annotated Conflict Cases - instructive accounts of typical
intractable conflicts, with abundant links to interpretive
materials.

5.  Two new interactive simulation/role plays, one on racial
conflicts in a high school where users can act as the mediator or
one of three disputing parties, and another complex and deep rooted
ethnic conflict within a community where players can take on
different "third side" roles.

6. Comprehensive Search System - simple and advanced tools for
finding information.

7. Checklists - suggestions of things for people in different roles
to think about as they struggle to deal with difficult conflict
situations.

8. Group Projects - a quick primer for students wishing to limit the
conflicts that often undermine the success of group projects.

9. Guide to Working with Strong Emotions in the Classrooom - offers
useful suggestions for discussing the difficult issues that lie at
the core of intractable conflict.

10. Build-Your-Own-Text Module - allowing instructors to quickly and
easily craft (and revise) primary and secondary "virtual text(s),"
focused on immediate student interests and needs.

11. Special Editions focused on a variety of topics, including: post-
conflict reconstruction and peacebuilding, civil rights mediation,
conflict/peace journalism, and Bill Ury's "Third Side."

These, and many other, resources are available from the Beyond
Intractability home page. To make things a little easier to find,
we've created a special version of the home page that highlights, by
number,  links to the items listed above:

http://www.beyondintractability.org/index-brochure1.jsp

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3. Talking And Driving Don't Mix -- Employer Responsibility For
Business Cell Phone Use

The use of cell phones in the United States is at an all time high.
More and more, employers are finding cell phones to be
essential tools which help boost productivity and keep their
employees connected to the office and to clients.

With this increased reliance on cell phones to conduct business
outside the office comes an increase risk of liability for
employers. This is especially true where employees use their cell
phones to conduct work-related business while they are
driving. When an employee gets into a vehicle accident while using a
cell phone for work-related business, both the employer
and the employee may be found liable. In fact, employers in several
jurisdictions have already been hit with lawsuits allegedly caused
by employees driving and talking on the phone.

A recent study found that drivers who maneuver through traffic while
talking on the phone are more than 5 times more likely to get into
an accident than non-distracted drivers. Surprisingly, the study
also found that drivers engaging in cell phone conversations can be
more dangerous than drunk drivers. Whereas drunk drivers tend to be
more aggressive, drivers tend to be more sluggish and have a reduced
reaction time when talking on the phone. The study also showed that
driver performance remained the same whether the driver was holding
the phone or using a hands-free device.

Tips for Employers

To reduce their risk of liability, employers should update their
employee manuals and policies to include a specific policy
limiting or prohibiting the use of cell phones while driving - as
well as other hand-held devices (such as Blackberries, Treos, and
Palm Pilots) - for work-related purposes. To afford the most
protection, the policy should prohibit employees from talking on the
phone or using hand-held devices for work-related purposes while
driving. The policy should further state that employees who are in
an auto accident or charged with traffic violations resulting from
talking on the phone or using a hand-held device while driving will
be solely responsible for any resulting liability.

Where it is not practical to completely prohibit employees from
using cell phones or other hand-held devices while driving,
employers should adopt a policy which provides specific parameters
for such use. For example:

*as much as possible, pull over and safely stop the vehicle before
using the phone
*keep calls short while driving
*always dial when the car is not moving
*use speed-dialing as much as possible
*avoid looking up phone numbers while driving
*use a hands-free options as much as possible
*avoid using the phone or hand-held device in heavy traffic or bad
weather
*avoid stressful or emotional conversations while driving
*keep your eyes on the road

Source: Bullivant Houser Bailey PC

--------------------------------------------------------------
4. US Federal Interagency ADR Working Group Posts Final Guides

The Interagency ADR Working Group (see www.adr.gov), which assists
federal agencies in the use of ADR, has incorporated public comments
and finalized three guides relating to mediation and other forms of
alternative dispute resolution:

(i) Protecting the Confidentiality of Dispute Resolution Proceedings
(providing practical guidance on the application of the
confidentiality provisions of the Administrative Dispute Resolution
Act of 1996 to federal workplace dispute resolution programs);

(ii) A Guide for Federal Employee Mediators (providing practical
ethical guidance and building on the September 2005 Model Standards
of Conduct for Mediators); and

(iii) A Guide for Federal Employee Ombuds (building on the Standards
for the establishment and Operation of Ombuds Offices issued by the
ABA in February 2004).

These guides are designed for use by federal employee mediators
within the government, but non-federal mediators may agree to follow
the guides in federal mediations.

The guides are excellent representations of the ADR scholarship and
expertise within the federal sector.

www.adr.gov

---------------------------------------------------------------------
5.  Quotes

"Courage is like a muscle. The more we exercise it, the
stronger it gets."
John McCain, U.S. Senator

"It does not matter how slowly you go as long as you do not stop."
Confucius

--------------------------------------------------------------------
6. New Book: Beyond Reason: Using Emotions As You Negotiate
By Roger Fisher And Daniel Shapiro
246 Pp. The Penguin Group

Emotions matter. Whether negotiating with an angry boss or an
outraged teenager, emotions can derail you. Properly treated,
however, they can help you achieve the results you want. This book
shows you how.

In Beyond Reason, you will discover five "core concerns" that
motivate people: appreciation, affiliation, autonomy, status,
and role. You will learn how to use these core concerns to generate
helpful emotions in yourself and in others. Armed with
this knowledge, you can gauge the needs of another negotiator, set
the emotional tone of discussion, and reach a mutually
acceptable agreement.

Beyond Reason clarifies the complicated, "fuzzy" world of emotions
and offers straightforward, practical advice. It builds on
previous work of the Harvard Negotiation Project, the group that
brought you the groundbreaking book Getting to YES. Now, in
Beyond Reason, world renowned negotiator Roger Fisher teams up with
psychologist Daniel Shapiro, expert on the emotional
dimension of negotiation. They show you how to employ emotions to
turn a disagreement - big or small, professional or
personal - into an opportunity for mutual gain.

Fresh, insightful, and relevant to any interaction, Beyond Reason is
certain to become a lasting classic for dealing with
anyone from family and friends to colleagues, customers, and
employees.

http://www.beyond-reason.net/

--------------------------------------------------------------------

7. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              August 2006 #79
------------------------------------------------------------------

Contents:

1. Articles from Mediate.com
2. Court Expands Right to Sue Over Retaliation on the Job
3. Proposed Supervisor Sexual Harassment Training Regulations
4. NLRB Finds Mandatory Arbitration Policy in Violation of the NLRA
5. Quotes

------------------------------------------------------------------

1. Articles from Mediate.com

The Use and Misuse of a Competing Style in Conflict Management
Dale Eilerman
The Thomas-Kilmann Conflict Mode Instrument identifies five conflict
styles - competing, compromising, collaborating, avoiding, and
accommodating - and provides guidelines regarding when each is
appropriate in conflict situations. The strategy of "competing" as a
means of gaining power and control stems from early childhood and is
reinforced throughout our years in school and college. Truly
successful people develop the judgment and skills to use
competitiveness effectively and appropriately.
http://www.mediate.com/articles/eilermanD4.cfm

The Use And Abuse Of Deception
Charles B. Parselle
Deception is common human relationships. Deception is common in
negotiation. Most human relationships are conducted by way of
negotiation.
http://www.mediate.com/articles/parselle11.cfm

Adding Discussion of Issues to Mediation: Lessons from Consensus
Building
Evan Ash
A model for consensus building can be a way to understand the value
of interjecting issue discussion into the classic mediation format.
http://www.mediate.com/articles/ashE5.cfm

------------------------------------------------------------------
2. Court Expands Right to Sue Over Retaliation on the Job
By Charles Lane
Washington Post Staff Writer
Friday, June 23, 2006

The Supreme Court made it easier yesterday for workers in most parts
of the country to sue employers for retaliating against them when
they complain about sexual harassment or other discrimination. The
court ruled that employees may collect damages, even in some cases
where the punishment did not involve getting fired or losing wages.

The decision, which had the full support of eight justices, expands
the legal rights of millions of workers who are covered by Title VII
of the 1964 Civil Rights Act, the main federal law against job
discrimination, and their employers. Justice Samuel A. Alito Jr.
agreed with the result but differed from the majority reasoning.

By setting a single national rule to define what constitutes
retaliation, the court brought a measure of clarity to an area of
law that generates thousands of cases per year, but had produced
conflicting interpretations of Title VII in the lower courts.

Now, many retaliation cases that had previously been dismissed
because the facts were not in dispute are likely to go to trial.
That will encourage lawyers for alleged victims to take on more
cases, and, accordingly, raise companies' costs for lawyers and
defensive management practices.

In the case decided yesterday, Burlington Northern and Santa Fe
Railway Co. v. White , No. 05-259, forklift operator Sheila White
had won $43,500 in damages and medical expenses from a federal jury,
which found that her boss responded to her complaints about co-
workers' sexual harassment by transferring her to a more arduous job
and suspending her for 37 days without pay.

She was later reinstated and awarded back pay, and Burlington
Northern argued in the Supreme Court that this ending should have
negated her retaliation suit.

The railroad said that the law requires a link between the alleged
retaliation and a permanent employment decision such as termination
or a pay cut. The Bush administration agreed with that view, though
it believed that White should win her case, even under the company's
interpretation.

But Justice Stephen G. Breyer wrote that, under the circumstances,
the railroad's actions would have been enough to deter a reasonable
employee from making a charge in the first place. This, he wrote, is
the proper definition of illegal retaliation, and should set the
standard for all future cases.

Without a robust anti-retaliation law, Breyer noted, the law's basic
purposes could be undercut, since fewer victims might complain.

"Interpreting the anti-retaliation provision to provide broad
protection from retaliation helps assure the cooperation upon which
accomplishment of the Act's primary objective depends," Breyer wrote.

Breyer concluded that even some actions that take place outside the
workplace can qualify as retaliation, if they are serious enough. As
an example, he cited a previous case in which an employer had filed
a false criminal charge against an employee who had complained about
discrimination.

"Justice Breyer's standard opens the door to claims based on actions
that before today companies would not have suspected were
actionable," said Daniel P. Westman, a lawyer with the firm Morrison
& Foerster who represents employers in job discrimination cases.

"Companies will have to be much more careful as to how they manage
employees who are covered by Title VII."

The opinion also reflected a widely shared sense at the court that
employment discrimination law has to be flexible enough to account
for the realities of a diverse modern workplace, in which the same
action by an employer could have different effects depending on the
employee.

Citing a past case in which a mother of a disabled child had sued
for retaliation because she was put on a shift that made it hard for
her to spend days at home, Breyer wrote that "a schedule change may
make little difference to many workers, but may matter enormously to
a young mother with school age children."

Even refusing to invite a worker to lunch can be retaliation, Breyer
wrote, if it is "a weekly training lunch that contributes
significantly to the employee's professional advancement."

"All people protected against job discrimination benefit from this
decision, whether it be sexual harassment, or discrimination in
hiring, promotions or pay," said Marcia D. Greenberger, co-president
of the National Women's Law Center, which filed a friend of the

court brief supporting White on behalf of more than 30
organizations. "If the Court had upheld the standard urged by the
railroad and the administration, it would have created a hole in
civil rights protections big enough to drive a forklift through."

Breyer's opinion was endorsed by a broad liberal-conservative
majority on the court, with only Alito writing in a concurring
opinion that he saw "practical problems" with the majority's
approach. Like the Bush administration, Alito argued that
retaliation claims should be limited to those involving the terms or
conditions of employment -- but that White should win the case, even
under that more restrictive legal standard.

In its ruling yesterday, the court adopted the relatively pro-
plaintiff rule that had been previously outlined by the federal
circuit courts of appeals based in Chicago and Washington, D.C., and
rejected the more restrictive standard that had prevailed in five
other regions of the country.

Only in the Western states could yesterday's ruling limit
retaliation suits, because the San Francisco-based appeals court had
endorsed an even more pro-plaintiff standard than the Chicago and
D.C. courts.

Unlawful retaliation lawsuits were already somewhat easier for
employees to win than lawsuits claiming discrimination only.

As a result, retaliation claims under Title VII nearly doubled
between 1992 and 2005, from 10,499 to 19,429, according to the Equal
Employment Opportunity Commission's caseload. They constitute a
quarter of the EEOC's cases.

© 2006 The Washington Post Company

------------------------------------------------------------------
3. Proposed Supervisor Sexual Harassment Training Regulations

On June 20, 2006, the California Fair Employment and Housing
Commission ("FEHC")(see www.fehc.ca.gov) issued modified, proposed
regulations on Harassment Training and Education, interpreting
Government Code section 12950.1 (formerly A.B. 1825), which requires
all California employers with 50 or more employees to train their
supervisors in harassment prevention.

The FEHC's draft regulations will not take effect until after the
public has the opportunity to comment on them and make
recommendations for changes. The public has until 5 p.m., on July
21, 2006, to submit any comments. The FEHC will meet on August 29,
2006, at 3737 Main Street, Alvarado Room 207, in Riverside Calif.,
to decide whether to adopt the June 20, 2006, modified regulations
or make further changes to its proposed regulations. This meeting is
open to the public.

Like the proposed regulations issued on December 16, 2005, the FEHC
intends its latest proposed regulations to clarify the language in
Government Code section 12950.1. The following points summarize the
more significant aspects of the FEHC's latest proposed regulations:

• The proposed regulations define the term "employee" to include
full time, part time, and temporary workers. To qualify as
a "contractor," (which replaces the phrase "contract worker") the
contractor must meet the criteria set forth in Government Code
section 12940, subdivision (j)(5), for each working day in 20
consecutive weeks in the current calendar year or preceding calendar
year. Section 12940 requires that a contractor have the right to
control the performance of the contract for services and have the
discretion as to the manner of performance; that the person is
customarily engaged in an independently established business;
and that the person has control over the time and place the work is
performed, supplies the tools and instruments used in the work, and
performs work that requires a particular skill not ordinarily used
in the course of the employer's work.

• The proposed regulations define an "employer" as any person
engaged in any business or enterprise in California, who employs 50
or more employees or contractors.

• The latest proposed regulations retained the definition of "having
50 or more employees." Thus, there is still no requirement that the
50 employees or contractors work at the same location or all work or
reside in California to trigger coverage as an "employer" under
Government Code section 12950.1.

• The proposed regulations define "Qualified Trainers"
or "Educators" as people having legal education or practical
experience in harassment, discrimination, and retaliation training
and knowledge of relevant California and federal laws such that they
are able to answer questions from training participants. Rather than
listing "desirable" and "undesirable" qualities for trainers—as the
last version of the proposed regulations attempted to do—the
latest version merely sets out areas in which a trainer or educator
will be qualified to train.

These areas include: the meaning of unlawful harassment;
discrimination and retaliation under both
California and federal law; how to intervene when
harassment happens at work; how to respond to and
report complaints; the employer's obligation to conduct
workplace investigations of harassment complaints;
what constitutes retaliation; essential components of an
anti-harassment policy; and the effect of harassment on
harassed employees.

• The proposed regulations define an "Instructional
Designer" as a person having the same content knowledge
as a "Qualified Trainer," but who also is responsible
for writing, reviewing and/or approving the content
of harassment training used by an employer.

• Training must include but is not limited to: a definition
of unlawful sexual harassment under the Fair
Employment and Housing Act ("FEHA") and Title VII
of the federal Civil Rights Acts of 1964, as amended;
FEHA and Title VII statutory provisions and case law
regarding the prohibition against and the prevention of
sexual harassment in employment; practical examples
of conduct that constitutes sexual harassment; strategies
to prevent and remedies available for sexual harassment;
the limited confidentiality of the complaint
process; the employer's obligation to investigate
complaints; resources available for victims of unlawful
sexual harassment; and training on what to do if the
supervisor is personally accused of harassment.

• The "two hours" of required training is either two hours
of classroom, webinar, or e-learning training. In the
case of an e-learning training program, the program is
sufficient if it takes a supervisor no less than two hours
to complete. The two hours of training may be completed
in segments. However, no segment should be shorter
than one half hour. Employers should note that the
former version of the proposed regulations did not
require that the e-learning program last at least two
hours.

• For any method of training, instruction must include
questions that assess learning, skill-building activities
that assess the supervisor's application and understanding
of content learned, and numerous hypothetical
scenarios about harassment, each with one or more discussion
questions so that supervisors remain
measurably engaged in the training.

• "Supervisory employees" need not be physically located
in California so long as they directly supervise
California employees. Also, attending harassment training
does not create an inference that an employee is a
supervisor.

• New businesses and businesses that expand to 50
employees and/or contractors must provide trainings
within six months of triggering coverage under the law.
Similarly, employers must train new supervisors within
six months of assuming supervisory positions.
However, a new supervisor who has received training
within the previous two years need only be given a copy
of the new employer's anti-harassment policy within
six months of assuming the new supervisory position,
and sign an acknowledgement of having read it. That
supervisor shall otherwise be put on a two-year tracking
schedule based on the supervisor's last harassment prevention
training.

• Employers must provide training once every two years
by tracking the training of each supervisor measured
two years from the date of completion of the last training
of the individual supervisor. Employers must document
harassment prevention trainings to track compliance
and must retain these records for a minimum of
two years.

Source: Winston & Strawn LLP Briefings

--------------------------------------------------------------
4. NLRB Finds Mandatory Arbitration Policy in Violation of the

Mandatory arbitration policies for employees may violate the
National Labor Relations Act ("NLRA"), unless they specifically
exempt NLRA disputes from coverage, according to a recent
decision by the National Labor Relations Board ("NLRB"). In U-Haul
Co. of California and Machinist District Lodge 190, 347 NLRB No. 34
(2006), the NLRB found that U-Haul violated Section 8(a)(1) of the
NLRA by maintaining a mandatory arbitration policy as a condition of
employment in its non-unionized workforce.

In U-Haul, the employer maintained a mandatory arbitration policy as
a condition of employment for all employees. As provided in typical
arbitration policies, the policy covered all disputes relating to or
arising out of employment with the company or the termination of
that employment. It specifically included language that covered "all
disputes relating to or arising out of an employee's employment with
[U-Haul] or the termination of that employment" and included "any
other legal or equitable claims and causes of action recognized by
local, state or federal law or regulations." The policy made no
reference to the NLRA.

The Machinists union filed the original charge against U-Haul,
alleging that the mandatory arbitration provision violated the NLRA.
After a trial on the merits, the Administrative Law Judge found that
the arbitration policy constituted an unlawful waiver of the
employees' rights to file charges with the NLRB. After U-Haul filed
exceptions to that decision, a three-member panel of the NLRB
reviewed the case.

The Board majority acknowledged that the arbitration policy did not
explicitly restrict employees from resorting to the NLRB's remedial
procedures. Nevertheless, the majority concluded that the
policy violated the NLRA because it would reasonably tend to inhibit
employees from filing unfair labor practice charges with the NLRB.
The Board reasoned that the "breadth of the policy
language, referencing the policy's applicability to causes of action
recognized by `federal law or regulations,' would reasonably be read
by employees to prohibit the filing of unfair labor practice
charges with the Board. Plainly, the employees would reasonably
construe the remedies for violations of the National Labor Relations
Act as included among the legal claims recognized by
Federal law that are covered by the policy." The Board further noted
that courts and other administrative agencies have recognized that
individuals possess a nonwaivable right to file charges with the
Equal Employment Opportunity Commission, and that mandatory
arbitration provisions that attempt to restrict such rights are void
and invalid as a matter of public policy.

The NLRB, therefore, ordered U-Haul to cease and desist from
requiring employees to execute waivers of their rights to take legal
action to the extent that such waivers apply to the filing of
Board charges. It also ordered U-Haul to remove from its files all
unlawful waivers and notify each employee in writing that the waiver
would not be used in any way.

Source: Winston & Strawn LLP Briefings
---------------------------------------------------------------------
5.  Quotes

"The greatest remedy for anger is delay."
Seneca

"To belittle is to be little."
Unknown

"Giving up our defenses and becoming transparent go hand-in-hand.
With greater honesty comes the opportunity to work on our
relationships and ourselves more openly. Thus, we can create greater
trust and deeper change . . . faster."
Sharon Strand Ellison

--------------------------------------------------------------------
6. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              July 2006 #78
------------------------------------------------------------------

Contents:

1. Articles
2. Free: Interpersonal Negotiation Skills Training CD's
3. Who Notices Anger First?
4. HR Says Relationships with Supervisors are Key for Employee
Satisfaction
5. Supreme Court Settles Standard for Workplace Retaliation
6. Quotes
7. Book: Leading High Impact Team
8. Interior Design Survey for Mediation Conference Rooms

------------------------------------------------------------------

1. Articles from Mediate.com

Why Professional Unions Make Good Conflict Management Partners
Blaine Donais
"Professionals and unions just don't mix. Unions stifle
professionalism and are bad for business. They discourage creativity
and take an antagonistic approach to conflict management in the
workplace. Professionals should have nothing to do with unions."
These are common refrains from those who oppose the unionization of
professionals. But what analysis are these refrains based on?
http://www.mediate.com/articles/donaisB1.cfm

Mediation and Council, Kissing Cousins in Resolving Disputes
Barbara Zilber, Maurice Zilber
The article discusses the similarities between mediation and the
council process, an ancient method for arriving at decisions, and
suggests how the council process may be used in mediations as
another tool in resolving disputes.
http://www.mediate.com/articles/zilberB1.cfm

Five Findings from Interpersonal Deception Theory that Every
Negotiator Should Know
Reed Leverton
As the title suggests, the scope of this paper is limited to five
findings from Interpersonal Deception Theory ("IDT") that the author
believes to be important in the context of negotiations. Given space
limitations, IDT's theoretical underpinnings are only briefly
discussed and no distinction is made between the various types of
deceptive conduct. Moreover, no attempt is made to explore or
discuss the ethical propriety of deception.
http://www.mediate.com/articles/levertonR1.cfm

Hunting for Deception in Mediation – Winning Cases by Understanding
Body Language
Jeffrey Krivis, Mariam Zadeh
Yes, we said it. The "D" word. We've all used it as negotiators and
we're here to highlight ways of detecting it when it's used against
you.
http://www.mediate.com/articles/krivis17.cfm

When Trust Is Bad
Myles F. Corcoran
In this article I will discuss what I see as possibly the most
pervasive reason so many projects suffer in quality, timing, and/or
staying in budget: I want to discuss the pitfalls of trust.
http://www.mediate.com/articles/cCorcoranM1.cfm

------------------------------------------------------------------
2. Free: Interpersonal Negotiation Skills Training CD's

Employers who hire Hispanic personnel may be interested in a free
downloadable audio on interpersonal negotiation skills. The CDs are
aimed at helping employees improve their interpersonal relations and
negotiation skills at home, work, and in the community. In other
words, how to communicate and talk things through when there is
disagreement. Poor conflict resolution skills in an employee's life
often translate into worker turnover.

These CDs are especially designed for use by mediators. Mediators
can give them out to clients in preparation for mediation, or as
post-mediation reference materials.

By Gregorio Billikopf Encina: gebillikopf@...
A free public service of the University of California

The audio files can be downloaded at:
http://www.cnr.berkeley.edu/ucce50/agro-laboral/7conflicto/

------------------------------------------------------------------
3. Who Notices Anger First?

Q. What is the facial expression men are most likely to notice first
and what do women notice more than men?

A. The face most likely to stand out in a crowd is an irate one,
according to a new study, and men are better than women at picking
up the anger that a face conveys.

While men are most likely to notice an angry face, women are more
adept at detecting facial expressions of happiness, sadness,
surprise, and disgust.

This study, announced in the June issue of *Current Biology*, was
conducted by Dr. Mark Williams, a postdoctoral fellow at the
Massachusetts Institute of Technology, and Jason B. Mattingley, a
psychology professor at the University of Melbourne in Australia.

Detecting the angry man in a sea of faces has a survival advantage
for both sexes, according to the researchers. They write, "The
potential for physical threat from a male is greater than that from
a female."

By the way, both men and women consistently detected angry faces
more quickly than terrified ones.

What are the implications for getting along?
Here are two:

1. When a woman feels that a man won't talk through a disagreement,
the man is seeing the anger on her face (that she is less likely to
see in his) and wants to avoid a conflict.

2. When a woman is feeling happy or sad, the man is less able to
literally notice those expressions than another woman can.
Consequently the woman may translate this into meaning that he does
not care when, in fact, he does not "see."

Perhaps understanding that we are wired to see different expressions
more clearly than the opposite sex can help us be more accepting of
each other instead of reacting against each other.

Suggestions for Men:
See the conflict yet stick it out through the conversation; in most
cases it will make your connection better with the woman. She'll
feel seen and heard.

Suggestions for Women:
Don't take it personally when he appears to ignore your feelings.
Look to his behavior as much as his words to see what he really
means, values, and wants. And don't make him wrong for being wary of
hostile looks. In fact, know that your angry or even upset
expression may be the biggest conversation stopper.

Source: Say it Better E-Zine June 2006
http://www.sayitbetter.com

------------------------------------------------------------------
4. HR Says Relationships with Supervisors are Key for Employee
Satisfaction but Employees

Say Money Matters Most

(Alexandria, Va., June 25, 2006)—Seventy percent of employees
reported that compensation is the most important factor in job
satisfaction, overtaking benefits.  Eight out of ten employees are
satisfied with their current jobs and say benefits, job security,
work/life balance, and workplace safety round out the top five most
important factors, according to the Society for Human Resource
Management's (SHRM) latest Job Satisfaction Survey.

"It should come as no surprise that employees are more concerned
about their compensation," said Susan R. Meisinger, SPHR, president
& CEO of SHRM.  "With the rising costs of health care premiums and
prescription drugs, employees know they need to put more of their
money toward covering health care and retirement."

Whereas compensation and benefits are the driving forces behind
employee satisfaction, HR professionals have consistently rated the
relationship with immediate supervisors and recognition for
performance as more important to employees.  This may be because
when employees decide to leave an organization, they frequently site
poor relationships with supervisors as the reason.  However, this
factor does not necessarily translate to positive relationships
fostering satisfaction for employees.

Compensation alone is not enough to differentiate a company as an
employer of choice.  As the labor market tightens, HR professionals
may need to increase communication about the rewards of positive
work environments, strong corporate culture, and appreciation for
good performance.

In addition, work/life balance benefits may have helped make many
organizations employers of choice among certain groups of workers.
Employees, especially women and those under 35 years of age, have
consistently rated work/life balance as a major component to overall
job satisfaction.

SHRM data indicates that feeling safe in the work environment has
been a major concern to employees since 2004.  The war in Iraq,
increased incidents of terrorism globally, and the threats of
domestic violence entering the workplace may have left people
feeling vulnerable.

Although HR professionals have consistently rated this element much
lower than employees, they have taken steps to increase security
systems and develop disaster preparedness programs to respond to
workforce concerns.

SHRM has conducted a series of job satisfaction surveys since 2002
to determine what is important to HR professionals and employees.
The surveys were e-mailed to randomly selected SHRM members,
yielding 548 responses from human resource professionals, and 604
randomly selected U.S. employees.  The human resource professionals
reported their perceptions of employee satisfaction, while the
employee sample reported how satisfied they were with various
components of their work life.  The findings are compared with
previous surveys in the series to examine trends and shifts over the
past four years.

Source: SHRM

--------------------------------------------------------------
5. Supreme Court Settles Standard of Workplace Retaliation

On June 22, 2006, the U.S. Supreme Court resolved a circuit court
split by unanimously affirming a jury award for a female forklift
operator who claimed she was the victim of a retaliatory transfer
and suspension after lodging a complaint of harassment and filing
charges of discrimination. Burlington Northern Santa Fe Railway v.
White, No. 05-259 (Jun. 22, 2006).

Justice Stephen G. Breyer, writing the opinion for the Burlington
Court, settled the standard for evaluating a claim of unlawful
retaliation under Title VII of the Civil Rights Act of 1964 ("Title
VII"). According to the Court, lower courts must determine whether
the employer's actions are "harmful to the point that they could
well dissuade a reasonable worker from making or supporting a charge
of discrimination."

Sheila White, the only woman working in the rail yard at
Burlington's Memphis facility, accused her supervisor of sexually
harassing her. A company investigation led to the supervisor's
suspension and enrollment in sensitivity classes. But Burlington
also transferred White from her position as a forklift operator to a
position as a track laborer.

White filed a complaint with the Equal Employment Opportunity
Commission ("EEOC"), claiming the transfer was unlawful gender
discrimination and retaliation. Approximately two months
later, Burlington suspended White for 37 days without pay for
insubordination after she had a disagreement with a different
supervisor. Burlington ultimately cleared White of insubordination
charges, rescinded her suspension, and compensated her for back pay.
White filed another retaliation charge with the EEOC based on the
suspension.

A jury rejected White's sex discrimination charge but found in her
favor on the retaliation claim, awarding her $43,000. The Sixth
Circuit affirmed the award. The Supreme Court held that the anti-
retaliation provision "covers only those employer actions that would
have been materially adverse to a reasonable employee or job
applicant." That means, according to the Court, that a retaliation
plaintiff must show that the challenged action would "have
dissuaded a reasonable worker from making or supporting a charge of
discrimination."

Applying this standard, the Burlington Court found there was a
sufficient evidentiary basis to support the jury's verdict on
White's retaliation claim. A jury reasonably could have
concluded that the reassignment to the track laborer position—which
was a "more arduous and dirtier" job than forklift operator—would
have been materially adverse to a reasonable employee.

Furthermore, the Court found that many "reasonable employees would
find a month without a paycheck to be a serious hardship," and "an
indefinite suspension without pay could well act as a deterrent,
even if the suspended employee eventually received back pay."
Ultimately, the Court found that trial courts must determine on a
case-by-case basis whether "reasonable" employees would be
intimidated by actions taken by employers against them. This
reasoning rejected the railroad's plea to require some link between
the alleged retaliation and an ultimate employment decision, such as
termination or a permanent pay cut.

Retaliation claims have exploded in recent years and now account for
more than 30 percent of the EEOC's caseload. In some circuits, the
Burlington Court's ruling shifts the balance of power in employment
settings toward employees by establishing a broader legal standard
for retaliation claims.

The Court adopted the relatively permissive rule of the Seventh and
D.C. Circuits, rejecting the more restrictive standard that had
prevailed in five other regions of the country. Only in the Ninth
Circuit, which had previously endorsed an even more pro-plaintiff
standard, could the Burlington ruling serve to limit retaliation
claims.

Source: Winston & Strawn LLP Briefings
---------------------------------------------------------------------
6.  Quotes

"The future never unfolds the way you think it will."
Charles Conn

"Nature is the best designer."
Gordon Bruce

"Teamwork is a harder way of doing the work.
But when it clicks, the result is a seamless experience."
Total Teamwork - Imagination Ltd.

"Most people don't lie intentionally."
Barry Rhein

---------------------------------------------------------------------
7. Book: Leading High Impact Teams:
The Coach Approach to Peak Performance
Cynder Niemela
High Impact Publishing, October 2001

In the traditional command and control model, the leader's trust of
the abilities of others is low. Hence leaders command employees in
what to do and then control how they do it. The natural intelligence
of team members is never given a chance to grow. Creativity,
willingness to take initiative, and active ownership for results by
team members is suppressed. Such teams remain low-impact teams, no
matter how hard everyone works. The leader will have a hard time
holding on to a vision for the team when she is constantly ensnared
in micro-managing the team's work. The team members feel stunted,
their energies trapped. In this atmosphere, it is impossible to
develop the kind of synergy that characterizes high impact teams.

Leading a high impact team, on the other hand, requires the leader
to be much more competent at listening, and at constellating a wide
variety of tasks and individual needs. It is far more difficult to
motivate a talented group of people to complete a coordinated
cluster of tasks well than it does to order someone to comply.
Generations X and Y, for example, will not tolerate command and
control leadership. They commit their time and expertise when there
is a personal connection, and not merely because someone commands
it. One of the benefits of practicing shared leadership is that you
will attract the best talent to your team.

http://www.refresher.com/!niemela7.html

--------------------------------------------------------------------
8. Interior Design Survey for Mediation Conference Rooms
Stacey Bran
This is a research project aimed at exploring the many ways in which
thoughtful and purposed interior design can play a significant role
in positively affecting people's mood and behavior in mediation.
Please complete the survey attached to this short article and return
it to the author by July 10.
http://www.mediate.com/articles/bran1.cfm

--------------------------------------------------------------------
9. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              June 2006 #77
------------------------------------------------------------------

Contents:

1. Articles
2. Employer Refusal to Provide Documents Deemed Bad Faith Bargaining
3. On Being Vulnerable
4. The True Cost of Turnover & Absenteeism
5. Style Matters: The Kraybill Conflict Style Inventory
6. Quotes
7. Book: Leading Through Conflict

------------------------------------------------------------------

1. Articles from Mediate.com

ADR Processes: Applications For Managing Organizational Change
By Drs. Michael Spangle & Myra Isenhart
The elements for successful organizational change parallel the
priorities of ADR processes designed for effective problem
solving. Both involve sharing information necessary for identifying
potential or existing problems; involvement and commitment of
stakeholders who have a vested interest in outcomes; design of a
strategy for meeting needs of affected parties; and development of
an agreement that can be refined as needs change. Both change
management initiatives and ADR processes share the goal of helping
parties through transitions.
http://www.mediate.com/articles/spangleIsenhart1.cfm

Use of the Myers-Briggs Conflict Pairs in Assessing Conflict
By Dale Eilerman, M.Ed.
The ability to recognize conflict triggers, understand interpersonal
dynamics, and determine how to intervene in a conflict is essential
in facilitating effective outcomes. These are components of the
assessment phase of conflict management and are important first
steps to take before moving into interventions. One of the best and
most commonly used tools to assist in this process is the Myers-
Briggs Type Indicator®.
http://www.mediate.com/articles/eilermanD3.cfm

Settling Employment Cases Just Got Easier: New Tax Law Excludes
Attorneys Fees' Portion Of Recovery From Income To Plaintiff
By Jan Frankel Schau
If there is anything that the typical clever lawyer does right, it
is to shy away from offering tax advice to his clients.
For years, the question of taxability of the attorney's fee earned
on an employment case has been particularly perplexing for two
reasons: first, because the fee may be a substantial portion of the
recovery, especially if it's awarded under statute or as a
contingency fee in a huge award; and second, because settlement of
employment cases is otherwise taxed as earnings to the Plaintiff,
unlike other personal injury actions. Few employment litigators, and
even fewer employment mediators truly understand the workings of
these tax laws.
http://www.mediate.com/articles/frankelschauJ3.cfm

------------------------------------------------------------------
2.Employer Refusal to Provide Financial Documents Deemed Bad Faith
Bargaining

The federal 9th Circuit Court of Appeals recently determined that an
employer engaged in bad faith bargaining practices by refusing to
turn over financial documents to the Union. The company made various
statements during bargaining, both orally and in writing, rejecting
the Union's proposals. The company's statements inferred that the
rejection was due to its' precarious financial condition.

The law requires that the parties engage in good faith negotiations
during bargaining, which necessarily requires that any claims made
during negotiations are true. According to the court, a refusal to
substantiate a claim of an inability to pay increased wages supports
a finding of a failure to bargain in good faith. It is therefore
important for employers' representatives to choose their words
carefully and ensure all statements made can be substantiated.
Int'l Chemical Workers Union v. NLRB, 2006 U.S. App. LEXIS 10590.
(9th Cir., April 28, 2006)

Source: California Chamber Of Commerce

------------------------------------------------------------------
3. On Being Vulnerable
By Kim Allen, Heartmath Institute

I grew up in an organizational culture where co-workers kept a stiff
upper lip and were proud to be stress athletes. Managers modeled-and
everyone imitated-the kind of 'superman-type' behavior that can lead
to exhaustion, burnout or breakdown.

When it was my turn to lead a team I quickly discovered that being
open about my own challenges set the tone for open communication all
around. That alone relieved a lot of my self imposed pressure to be
invincible. More importantly the dialogue often provided options and
solutions.

While we often are very willing to exhibit 'vulnerability' in our
personal relationships we consider it off-limits in our professional
lives. Some equate vulnerability to weakness and are threatened by
it. Yet we have all been inspired by people who openly acknowledge
how they've worked through professional-and personal-issues that
were emotionally challenging.

Being vulnerable really means finding the courage to be sincere,
open and honest. It also means being receptive to the input from
others. A balance of truthfulness and sensitivity creates a safe
environment in which everyone can learn and grow.

Discover how to be more vulnerable within your own 'safe' zone and
allow others to learn from you in that process. You will discover
more about yourself and become the role model for better
relationships and super results.

Source:
http://images.heartmath.com/email-images/iq-tip/iq-tip_5-11-06.html

------------------------------------------------------------------
4. The True Cost of Turnover & Absenteeism

No charge online seminar,

Date : June 6, 2006
Time : 2:30 - 3:30 p.m. EDT

To register please click:
http://redir.hr.com/c.asp?s=77993702&l=151012

Turnover and Absenteeism cost U.S. companies billions of dollars
each year in lost productivity, recruitment cost, training cost and
lost opportunities. This webcast will explore new approaches to
measuring and thinking about turnover and absenteeism. You will
learn the benchmark process that PPG used to reduce an already low
turnover rate and increase their bottom line. You will also discuss
the short and long-term solutions to these two major challenges and
hear tips and techniques you can take away from the presentation and
implement in your facilities.


Here's what you'll learn ...

- New approaches to measuring and thinking about turnover and
absenteeism.
- Identify causes of turnover and absenteeism.
- Discover the true cost of turnover and absenteeism.
- Uncover short and long term solutions to reduce risks.
- Determine things you can change in your hiring process.
- Create a culture that fosters retention and high attendance.

Source: HR.com

--------------------------------------------------------------
5. Style Matters: The Kraybill Conflict Style Inventory (Free for
Trainers)

I am offering trainers free PDF copies of Style Matters: The
Kraybill Conflict Style Inventory.  It is a five-styles of
conflict inventory similar to the Thomas Kilmann so easy to
transition to for anyone who has used the TK, but has a feature
making it culturally adaptable.  Users self-identify whether they
are from individualistic or collectivist cultural background.

To get a free PDF file, send a note to:
stylemattersoffer@...

Ron Kraybill
Professor, Eastern Mennonite University
Publisher, www.RiverhouseEpress.com

---------------------------------------------------------------------
6.  Quotes

"To be built to last, you have to be built for change!"
Jim Collins

"We must always change, renew, rejuvenate ourselves; otherwise, we
harden."
Goethe

---------------------------------------------------------------------
7. New Book: Leading Through Conflict:
How Successful Leaders Transform Differences into Opportunities
by Mark Gerzon

Book Description
As our world grows smaller, opportunities for conflict multiply.
Ethnic, religious, political, and personal differences drive people
apart—with potentially disastrous consequences—and it's the task of
perceptive leaders to bring them together again World-renowned
mediation expert Mark Gerzon argues that leaders have failed to rise
to this challenge. Our organizations, schools, and governments
remain filled with divisive dictators and everyday managers, instead
of what he calls mediators—leaders who transform conflict so that
everyone can move forward together.

Through absorbing examples drawn from decades of work with
organizational, political, and global conflicts of all kinds,
Leading Through Conflict provides a powerful new framework for the
leader as mediator, and outlines eight specific tools these leaders
use to transform seemingly intractable differences into progress on
deep-seated problems.

Both practical and passionate, this book makes the tools of cross-
border leaders accessible to anyone who wants to help create
healthier companies, communities, and countries.

About the Author
Mark Gerzon, hailed by the New York Times as an "expert in civil
discourse," has worked as a facilitator and leadership trainer for
the United Nations, the US House of Representatives, and a wide
range of corporate and civic organizations around the world for more
than a decade. He is the author of several books, including two
bestsellers.

Product Details
Hardcover: 273 pages
Publisher: Harvard Business School Press; 1st edition (April 12,
2006)
Language: English
ISBN: 159139919X

Paste this together:
http://www.amazon.com/gp/product/159139919X/ref=pe_snp_19X/102-
0573055-2526506?n=283155


--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              May 2006 #75
------------------------------------------------------------------

Contents:

1. Articles
2. EEOC Issues Guidance On Race, Color Discrimination
3. Test Your Influence Quotient
4. Gottman on Relationships
5. Employers May Require Different Grooming Standards Based on Gender
6. Quotes
7. Book: Influence, The Science and Practice

------------------------------------------------------------------

1. Articles from Mediate.com

The `Thing with Feathers' – The Roles of Hope and Optimism in
Mediation
Barbara Wilson
Working with clients' hope and optimism is one of the many
privileges of being a mediator. Identifying goals, pathways and
agentic thought harnesses hope and optimism within the negotiation
process and utilises the strengths clients bring to the table.
http://www.mediate.com/articles/wilsonB2.cfm

We Have to Talk: A Step-By-Step Checklist for Difficult Conversations
Judy Ringer
What you have here is a brief synopsis of best practice strategies:
a checklist of action items to think about before going into the
onversation; some useful concepts to practice during the
conversation; and some tips and suggestions to help you're energy
stay focused and flowing, including possible conversational
openings. You'll notice one key theme throughout: you have more
power than you think.
http://www.mediate.com/articles/ringerJ1.cfm

The Top Ten Barriers To Dispute Resolution
Joe Epstein, Esq. with Susan Epstein, Esq.
Years of legal experience and thousands of mediations have helped us
to devise a list of the Top Ten Barriers to Dispute Resolution. When
negotiators are determined to be effective and collaborative,
recognition of these barriers will enable them to move the mediation
process forward in a positive way. This knowledge will also help the
thoughtful and determined negotiator to break impasse.
http://www.mediate.com/articles/epsteinJS2.cfm

Negotiating Like A Woman: Strategies For Successful Negotiation With
Members Of The Opposite Sex
Jan Frankel Schau
Anyone who has ever been married will have to admit that men and
women fight differently. So it should not have been a surprise to me
to learn that they often also negotiate differently in a mediation
setting. As much as I wanted to deny the gender differences in
myself and in our profession, after many years of practicing law,
the truth is inescapable: there are certain ways that men
communicate that are distinct from "a woman's voice". When these
differences are better understood, each side of the dispute has an
enhanced opportunity to optimize their client's outcome in a
negotiated settlement or mediation.
http://www.mediate.com/articles/frankelschauJ2.cfm

------------------------------------------------------------------
2.EEOC Issues Guidance On Race, Color Discrimination

The Equal Employment Opportunity Commission has updated its message
on how Title VII of the Civil Rights Act of 1964 prohibits workplace
discrimination based on race or color.

Earlier this week, EEOC released an updated Compliance Manual and a
question-and-answer fact sheet that demonstrates how employees can
prevent workplace discrimination and identify and address situations
of discrimination.

"This comprehensive guidance will assist employers, employees and
EEOC staff in understanding how Title VII applies to a wide range of
contemporary discrimination issues," said EEOC Chair Cari M.
Dominguez.

Both resources address a variety of issues including:

* Evaluating allegations of discrimination
* Providing equal access to employment through the recruitment,
hiring and promotion processes
* Addressing harassment and retaliation

"We can only become one nation if we are able to bridge the racial
divide, and today the EEOC takes another step toward that end.
Issuing this chapter reaffirms the EEOC's commitment to the vigorous
enforcement of Title VII's prohibitions against race and color
discrimination in the workplace," said Commissioner Stuart J.
Ishimaru.

The Compliance Manual can be found at
http://www.eeoc.gov/policy/docs/race-color.html.

The QA fact sheet can be found at
http://www.eeoc.gov/policy/docs/qanda_race_color.html.

Source: www.fednews-online.com

------------------------------------------------------------------
3. Test Your Influence Quotient

Take a short test designed by Robert Cialdini, author of Influence
(see new book below)

http://www.influenceatwork.com/nq_test.html

------------------------------------------------------------------
4. Gottman on Relationships

Consider the five important relationships in your life, including
a close family member, a dear friend, and someone who's crucial to
your work. With each person, think back on your most recent
interaction. Review it in your mind's eye as if you were an
outside observer, watching the unfolding scene in a movie.

How many of the other person's moment-by-moment reactions to you
were positive, and how many were negative? Of course, it's much
easier to keep this task in mind as you actually watch a scene
unfold between two other people. Even then you'll not catch the
fleeting expressions that pass across a face in milliseconds --
unless you get special training as renowned marriage counselor John
Gottman did from facial expert Paul Ekman. But, with this task in
mind, you'll be surprised at how much you can notice.

Gottman found that marriages are much more likely to succeed when
the couple experiences a 5-to-1 ratio of positive to negative
interactions. When the ratio approaches 1-to-1, marriages are
more likely to end in divorce.

Workgroups with positive-to-negative interaction ratios greater than
3-to-1 are significantly more productive than teams that do not
reach this ratio, according to *How Full is Your Bucket* authors Tom
Rath and the late Donald Clifton <http://tinyurl.com/jgk2p>.

So if you want happier, longer, and more productive relationships,
view each interaction as an opportunity to see and reinforce what
you most like and admire in others. Fill your bucket for a
satisfying life.

Source: http://www.sayitbetter.com/

--------------------------------------------------------------
5. Employers May Require Different Grooming Standards Based on
Gender

The U.S. Court of Appeals for the Ninth Circuit accepted Jespersen
v. Harrah's Operating Co., for en banc (entire court) review "in
order to reaffirm our Circuit law concerning appearance and grooming
standards, and to clarify our evolving law of sex stereotyping
claims." (9th Cir. en banc 04/14/2006). In Jespersen, the plaintiff
claimed that the employer's grooming and appearance requirements
violated Title VII of the Civil Rights Act of 1964, as amended. The
trial court granted the employer's motion for summary judgment and
a three-judge Ninth Circuit panel affirmed on December 28, 2004. The
en banc Ninth Circuit affirmed the summary judgment in a 7-4
decision.

The plaintiff, Darlene Jespersen, worked successfully as a bartender
at Harrah's Reno casino for 20 years. During Ms. Jespersen's
employment with Harrah's, the company maintained a policy
encouraging female beverage servers to wear makeup. But Harrah's did
not enforce its dress and grooming standards until 2000, when it
implemented a "Beverage Department Image Transformation" program.
Harrah's policy required all bartenders, men and women, to wear the
same uniform of black pants and white shirts, a bow tie, and
comfortable black shoes. Female bartenders were required to wear
makeup, stockings, and colored nail polish, and to wear their hair
teased, curled, or styled. Males were prohibited from wearing makeup
or colored nail polish, and were required to maintain short haircuts
and neatly trimmed fingernails.

Ms. Jespersen's only objection was to Harrah's makeup requirement,
which she felt "conflict[ed] with her self-image" and interfered
with her ability to perform her job. In her deposition Jespersen
testified that when she wore makeup she "felt very degraded and
very demeaned." Jespersen refused to comply with the makeup
requirement and was effectively terminated for that reason.
Jespersen's opposition to Harrah's summary judgment motion
relied solely on her own deposition testimony regarding her
subjective reaction to the makeup policy, and on favorable customer
feedback and employer evaluation forms regarding her work.

The district court granted summary judgment to Harrah's on the
ground that the appearance and grooming policies imposed equal
burdens on both men and women bartenders because, while
women were required to wear makeup and men were forbidden to wear
makeup, women were allowed to have long hair and men were required
to have their hair cut to a length above the collar.

Jespersen v. Harrah's Operating Co., 280 F. Supp. 2d 1189, 1192-93
(D. Nev. 2002). The district court also held that the policy could
not run afoul of Title VII because it did not discriminate against
Jespersen on the basis of the "immutable characteristics" of her
sex.

The district court further observed that the U.S. Supreme Court's
decision in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)
(plurality opinion), prohibiting discrimination on the basis of sex
stereotyping, did not apply to this case because in the district
court's view, the Ninth Circuit had excluded grooming standards from
the reach of Price Waterhouse.

The original three-judge Ninth Circuit panel affirmed, but on
somewhat different grounds.

Jespersen v. Harrah's Operating Co., 392 F.3d 1076 (9th Cir. 2004).
The panel majority held that Jespersen, on this record, failed to
show that the appearance policy imposed a greater burden on women
than on men. It pointed to the lack of any affidavit in this record
to support a claim that the burdens of the policy fell unequally on
men and women. Accordingly, the panel did not agree with the
district court that grooming policies could never discriminate as a
matter of law. The panel also held that Price Waterhouse could apply
to grooming or appearance standards only if the policy amounted to
sexual harassment, which would require a showing that the employee
suffered harassment for failure to conform to commonly-accepted
gender stereotypes.

The en banc Ninth Circuit agreed "that on this record, Jespersen has
failed to present evidence sufficient to survive summary judgment on
her claim that the policy imposes an unequal burden on women." With
respect to "sex stereotyping," the court held that "appearance
standards, including makeup requirements, may well be the subject of
a Title VII claim for sexual stereotyping, but that on this record
Jespersen has failed to create any triable issue of fact that the
challenged policy was part of a policy motivated by sex
stereotyping." Accordingly, the Ninth Circuit affirmed summary
judgment for the employer.

The recent Jespersen v. Harrah's decision contains some valuable
lessons for employers with grooming and/or appearance policies, and
for those contemplating adopting such policies:

Reasonable dress, appearance and grooming standards may be
enforceable, but employers should take care not to engage in "sex
stereotyping" when drafting or enforcing such policies. See,
e.g., Gerdom v. Continental Airlines, Inc., 692 F.2d 602, 604, 609-
10 (9th Cir. 1982) (airline's strict weight restrictions on female
flight attendants, whom executives referred to as
Continental's "girls," and which weight restrictions did not apply
to a class of male employees who performed the same or similar job
duties, "was part of an overall program to create a sexual image for
the airline"). The Ninth Circuit emphasized that it was not
precluding, as a matter of law, "a claim of sex stereotyping on the
basis of dress or appearance codes."

Sex-based differences in appearance standards may be enforceable to
the extent that they impose "equal burdens" on male and female
employees. In the Ninth Circuit's view, "[g]rooming standards that
appropriately differentiate between the genders are not facially
discriminatory." Employers also should note that in this particular
case, the plaintiff failed to present evidence that "it costs more
money and takes more time for a woman to comply with the makeup
requirement than it takes for a man to comply with the requirement
that he keep his hair short."

Source: Winston & Strawn LLP

---------------------------------------------------------------------
6.  Quotes

"Be careful how you interpret the world: it is like that."
Erich Hell

"There is in each of us a propensity to find someone or something
outside ourselves to blame when things go wrong."
Peter Senge

---------------------------------------------------------------------
7. New Book: Influence, The Science and Practice
By Robert B. Cialdini

The initial version of Influence was designed for the popular
reader, and as such, an attempt was made to write it in an engaging
style. In the subsequent versions, that style is
retained, but in addition, I present the research evidence for my
statements, recommendations, and conclusions. Although they are
dramatized and corroborated through such devices as interviews,
quotes, and systematic personal observations, the conclusions of
Influence are based on controlled, psychological research. This fact
allows the instructor, the student, and the popular reader to feel
confident that the book is not "pop" psychology but represents work
that is scientifically grounded. The subsequent versions also
provide new and updated material, chapter summaries, and study
questions to enhance its classroom utility. A potentially attractive
feature of the present version of Influence lies in its ability to
serve as an enjoyable, practical, yet scientifically documented text
for both students and the general reader. For students, one way to
view the book, then, is to see it as a refreshing change of pace
(from standard text material) that does not retreat from
scientific respectability. In a related vein, for both students and
the general reader, the book might be seen as a way to demonstrate
that, properly presented, what often seems like dry science can
actually prove to be lively, useful, and relevant to all readers'
personal lives.

Guy Kawasaki interview with Robert Cialdini:

Question: What is your definition of influence?
Answer: Influence means change-creating change in some way. Change
can be in an attitude; it can be in a perception; or a behavior. But
in all instances, we can't lay claim to influence until we can
demonstrate that we've changed someone.

Question: Who has influence?
Answer: We all have the potential to be influential, although some
of us make more use of it than others.

Question: How do we get it?
Answer: The ability to influence is not simply inborn. We can learn
to become dramatically more successful at it. For centuries, the
ability to be influential and persuasive has been thought of as an
art, but there's also a science to it. And if it's scientific, it
means it can be taught. It can be learned. So we all have the
potential to become more influential as a consequence.

Question: Are there any ethical concerns surrounding the use of
influence to get people to say yes?
Answer: Because the principles of influence can be so powerful in
causing change in others, we have to consider our ethical
responsibilities in the process. Fortunately, the way to be
ethical in the use of these principles is the same as the way to be
profitable in using them.

Always be sure to influence another in a way that ensures that you
haven't damaged your ability to influence this person again in the
future. In other words, the other person must benefit from the
change you've created. We can do this by harnessing one or more of
the six universal principles of influence:

Reciprocation. People give back to you the kind of treatment that
they have received from you.
Scarcity. People will try to seize the opportunities that you offer
them, that are rare or dwindling in availability.
Authority. People will be most persuaded by you when they see you as
having knowledge and credibility on the topic.
Commitment. People will feel a need to comply with your request if
it is consistent with what they have publicly committed themselves
to in your presence.
Liking. People prefer to say yes to your request to the degree that
they know and like you. No surprise there.
Consensus. People will be likely to say yes to your request if you
give them evidence that people just like them have been saying yes
to it.

http://www.influenceatwork.com/books.html
--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

-----------------------------------------------------------------
     Conflict Management E-Newsletter
              April 2006 #75
------------------------------------------------------------------

Contents:

1. Articles
2. Rude Workplaces Are All the Rage
3. Understanding Blind Spots
4. EEOC Fielding More Cases With Fewer Attorneys
5. Questions and Answers for ADA Mediation Parties and Providers
6. Quotes
7. Book: THE BIG AHA!
Breakthroughs in Resolving and Preventing Workplace Conflict

------------------------------------------------------------------

1. Articles

Mediation of Employment Disputes
By John T. Dunlop and Arnold M. Zack
This article discusses the evolution of the current standards of
work place protection in the United States. Here, more than in many
countries, negotiated rule making and mediation and voluntary
arbitration have played pivotal roles in achieving progress and
workplace resolution with the parties retaining significant
influence over outcomes. ADR thus provides experience and promise as
the preferred procedure for the evolution for workplace dispute
resolution.
www.ilr.cornell.edu/alliance/resources/Articles/med_emp_disputes.html


Leveling the Playing Field in Employment Mediation
By Arnold M. Zack
This article explains that favorable experience with arbitration and
mediation in the collective bargaining sector has proven those
procedures preferable to the strike and litigation. The spread of
employer-promulgated ADR systems has shown the benefit of both
procedures when administered fairly and with due process
protections. Based on these trends, the author focuses on the work
of the Alliance for Education in Dispute Resolution in expanding the
roster of mediators by providing training in mediation skills and
education about the statutes at stake in employment and other
disputes, as a positive step toward a less litigious society.
http://www.ilr.cornell.edu/alliance/resources/Articles/Leveling_playi
ng_field.html

Some email programs will wrap this address to a second line so
you will have to copy each of the lines directly into the address
bar of your browser with no spaces between the two sections.
------------------------------------------------------------------
2.Rude Workplaces Are All the Rage
By David Batstone

You have heard of road rage - the behavior of unstable motorists who
react to adversity on the roadway with all the aplomb of a toddler.
How do you respond when similar rude and aggressive actions get
played out at work?

As job stress mounts, rude behavior at the workplace is becoming
altogether too common. Sometimes the rage culture is set by a
manager who chooses not to treat his or her employees with common
respect. I was a guest at a sales meeting not long ago where the
manager berated his sales staff for missing their targets. "If your
marriage is not in trouble, it's probably because you are not
spending enough time on the road doing your job!" he yelled at top
volume. While my jaw dropped to the ground at such naked disrespect,
the members of the sales team shifted in their chairs uncomfortably.

Rudeness can raise its ugly head at every level of an organization.
I worked in an office once where the administrative assistant to a
manager - who performed mostly a secretarial role - terrorized the
rest of the staff. She responded in such a belligerent way to most
every request that we did everything possible to avoid her. I had to
laugh at myself one day when I realized that I was doing part of her
job; it was just easier to do it myself than prepare myself for an
epic emotional battle over, say, photocopying.

No one likes a verbal lashing. But I find that the worst rudeness at
work takes place over email. Workers at all levels take license to
write things to their co-workers that they would hesitate to say
face-to-face. The aggressiveness of a message typically amplifies
over digital channels.

No one should tolerate rudeness and disrespect at work. If
tolerated, the enterprise will face a high cost in lower morale and
productivity among the staff.

Christine Porath, a professor of management at the Marshall School
of Business (USC), does research on the impact of rude behavior in
the workplace. Over 90% of the nearly 3000 employees that Porath has
surveyed claim experiencing incivility on the job. Of these, 50%
report that they lost work time worrying about the incident, 50%
contemplated changing jobs to avoid a reoccurence, and 25% cut back
their efforts on the job.

Managers above all should take responsibility for nurturing a
respectful culture. It starts with their own behavior, personally
acknowledging employees who cross their path during the course of a
day. They also set the tone in how they conduct work meetings and
manage team projects. In concert with showing leadership, managers
need to intervene whenever they see rudeness expressed on the job. A
simple "We don't treat each other like that here" at times can get
the message across. At other times a rude worker needs to be called
in for an attitude adjustment. Ongoing incivility cannot be tolerated

But it's not the managers task alone to be the nice police. The
minders of the corporate culture can go over best practices with
their colleagues that reduce work rage. Sure, it's partly a matter
of convenience to write a worker an email rather than walk across
the other side of the floor. But if the message involved personal
matters, including conflict at work, it is much better to engage
work peers in a face-to-face conversation. Email is wonderful for
logistics and reporting, but it's lousy for respectful dialogue.

If rude behavior is allowed to flourish at an enterprise, talented
people who have self-respect will start heading for the door.
Professor Porath found that one in eight workers who were rudely
treated by a co-worker left their jobs shortly thereafter. The only
workers who stay in a rude workplace are the rage rovers.

Source: www.rightreality.com

------------------------------------------------------------------
3. Understanding Blind Spots
By Rob McBride

Have you ever said something in the heat of the moment which you
later regretted?

How about reacting to what somebody said or did which later
surprised even you?

These types of reactions can be regarded as Blind Spots in our
ability to think.  We can liken these Blind Spots to the Blind Spots
which we cannot see as we drive an automobile.  Traveling the
highway of life without properly inspecting our Blind Spots is
reckless driving and should be punished to the full extent of the
law!  Perhaps a bit drastic, nevertheless valuable as we consider
our emotions and reactions to certain stimuli.

Is it necessary to always look to the Blind Spot before changing
lanes in a car?  Of course not; we can change lanes without incident
by carefully checking our rear view mirrors perhaps 90% of the
time.  The problem is the other 10% which can result in tragedy when
we don't see the Blind Spots.

Dr. Bob Smith develops a model with specific tools to discover and
eliminate our Blind Spots in his book Discover Your Blind Spots. Dr.
Smith describes six different areas of our brain which process
information.  Three determine how we see the world and the other
three specify how we see ourselves.  In addition, he explains the
following four ways we utilize to process information:

- Reacting: Use of one dominant area of thought which is driven by
impulse and designed to protect us from danger.

- Responding: Use of two or three areas of thought and triggered
after we have had a moment to process different elements of a
situation.

- Reflecting: Ability to utilize four or five areas of thought,
which we achieve when we are focused on solving problems.

- Relating: Capacity to utilize all six areas of thought, which we
attain when we relate with other individuals while in deep thought,
searching for alternatives and solutions.

Eighty to ninety per cent of our time is spent in Reaction and
Response where we utilize a small portion of our brain.
Fortunately, these thought processes are frequently sufficient to
achieve our objectives.  At the same time, there are other
situations which cannot be solved effectively because our Blind
Spots hinder our ability to utilize every part of our brain.  In
short, we React and/or Respond inadequately.  When we make a
decision without seeing these Blind Spots we often make poor
decisions.

To be more efficient and effective in our lives it is imperative we
become aware of Blind Spots and how they affect our thought
process.  By taking time to Reflect deeply and Relate with others in
search of solutions, we can discover our Blind Spots and diminish
their devastating effect while determining our destiny and direction.

Source: Rob McBride, www.inspire.com.ve

------------------------------------------------------------------
4. EEOC Fielding More Cases With Fewer Attorneys


The Equal Employment Opportunity Commission workload is increasing
as its pool of attorneys decreases.

The EEOC last week released its "FY 2005 Annual Report on the
Operations and Accomplishments of the Office of the General
Counsel", which details the Commission's investigative arm.

The number of cases filed with EEOC -- 383 -- rose for the fourth
consecutive year in FY 2005. In FY 2001, the Commission received 385
new cases. The EEOC received its most cases in 10 years during FY
1999, accepting 437 new suits.

Combined with previously open cases, the Commission worked 944
active cases last year after working 908 in FY 04 and 872 in FY 03.

The increased workload coincides with a decrease in the number of
attorneys at EEOC. Last year, the Commission employed 311 attorneys -
- 77 at its headquarters and 311 in the field. While the EEOC only
lost three attorneys at its headquarters in four years, the
Commission lost 72 field attorneys during the same period.

Source: Fednews.com
Full Report at: http://www.eeoc.gov/litigation/05annrpt/index.html

--------------------------------------------------------------
5. Questions and Answers for ADA Mediation Parties and Providers

Questions and Answers for Mediation Providers:
Mediation and the Americans with Disabilities Act (ADA)
U.S. EEOC, National Council on Disability & U.S. Department of
Justice
More than ever, employers and employees are turning to mediation to
resolve equal employment opportunity (EEO) disputes. While the
proliferation of public and private sector programs has been a boon
for employers and employees alike, many mediators have sought
guidance on how to ensure that the mediation process is accessible
to participants with disabilities. Mediators also have raised
questions about special considerations that may arise when mediating
employment cases alleging discrimination under the Americans with
Disabilities Act (ADA) or the Rehabilitation Act of 1973
(Rehabilitation Act).
http://www.mediate.com/articles/eeocADA.cfm

Questions and Answers for Parties to Mediation:
Mediation and the Americans with Disabilities Act
U.S. EEOC, National Council on Disability & U.S. Department of
Justice
This guide helps individuals with disabilities and their
representatives understand their rights and responsibilities when
mediating equal employment opportunity (EEO) disputes.
http://www.mediate.com/articles/eeocADA2.cfm

---------------------------------------------------------------------
6.  Quotes

"Trust is the bandwidth of communication."
Karl-Erik Sveiby
Consultant & Professor in Knowledge Management

"You actually get better decisions when you work
in teams and when you build consensus."
Eric Schmidt, CEO, Google

"Emotional intelligence refers to an ability to recognize the
meanings of emotion and their relationships, and to reason and
problem-solve on the basis of them. Emotional intelligence is
involved in the capacity to perceive emotions, assimilate emotion-
related feelings, understand the information of those emotions, and
manage them."
John D. Mayer

---------------------------------------------------------------------
7. New Book: THE BIG AHA!
Breakthroughs in Resolving and Preventing Workplace Conflicts

Author: Wiersma, Bill
Publisher:Ravel Media
Price (hardback): $24.95
Publication Date: February 2006
ISBN (hardback): 1932881107

One of the biggest challenges business leaders face is how to keep
their teams running smoothly. Wiersma provides a solid plan to
minimize workplace conflict.

The premise is simple—without realizing it, he argues, most people
seem to be wearing blinders when it comes to interacting with
coworkers. We all have deep-rooted opinions and expectations of
people that color our interactions, and this affects how we
interpret their behavior and how productively we are able to work
with them. Unfortunately, it's often more important to be right in
our initial judgments of people than it is to make fair and accurate
character assessments over time. Wiersma argues that if we can teach
ourselves to have a more panoramic, less "telescopic view" of people
and situations, then fewer conflicts will occur, employees will be
happier and productivity will increase. Combining a psychological
understanding of human nature with solid business smarts and
experience, Wiersma offers an insightful, practical guide to
improving human relationships inside (and outside) the workplace.

Even skeptics will find this an easy, down-to-earth read, and many
will wish they'd realized Wiersma's simple but powerful revelation
years ago.

http://www.amazon.com/gp/product/1932881107/002-2921297-2116017?
v=glance&n=283155
--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              March 2006 #74
------------------------------------------------------------------

Contents:

1. Articles
2. Facial Expressions Test
3. Say What? Research on how people communicate
4. Arbitration Agreement Prohibits Class Action Lawsuit
5. Coping With Psychopaths at Work
6. Quotes
7. Book: Orchestrating Collaboration At Work

------------------------------------------------------------------

1. Articles from Mediate.com

Character Traits Of Working Dogs And Conflict Mediators: `Systematic
Intuition' And Tenacity
By Robert Benjamin
Conflict mediators are a strange breed. The best ones, not unlike
police or firefighters, are drawn to manage difficult situations and
heated controversies that most other people would just as soon
avoid. Interviewing close to fifty recognized conflict management
practitioners and teachers over the last two years for the
Mediate.Com video series, "The Mediators: Views From the Eye of the
Storm," offered me a unique perspective and the opportunity to make
some observations about the shared character traits of those drawn
to what may yet become a recognized field.
http://www.mediate.com/articles/benjamin25.cfm

The Life-Giving Gift of Acknowledgment (Book Review) Reflections
from the field – and why conflict resolution practitioners might
benefit from looking over the parapet
By Barbara Wilson
In this review article, Barbara Wilson reviews a philosophical
treatise on the phenomenology of acknowledgment, which book author
Hyde sets forth in order to understand its existential nature and
function. He addresses what might be argued as one of the most
fundamental of human needs - that of being acknowledged - and what
this means for both the acknowledged and acknowledging actors.
http://www.mediate.com/articles/wilsonB1.cfm

Conflict Coaching – When It Works And When It Doesn't
By Cinnie Noble
Conflict coaching is a one on one voluntary and confidential process
that combines ADR and coaching principles. It is at its very
essence, an individualized method for helping people effectively
engage in conflict. The focus of this article is when conflict
coaching works and when it does not.
http://www.mediate.com/articles/nobleC8.cfm

------------------------------------------------------------------
2.Facial Expressions Test
How good are you at interpreting facial expressions?

Here is a brief quiz to test your ability to correctly identify the
emotion behind facial expressions. To take the quiz, click on the
link below and then click on the numbered buttons (1-12) to view
images of individuals. These images will change briefly to display
an expression. After the expression has flashed click on the word
that describes the expression you have identitied. If you were
wrong, click on another word button until you are told you are
right. After the expression has flashed, you can press the
corresponding numeric key on your keyboard to hold the expression on
the screen.

This interactive graphic is based on "The Micro Expression Training
Tool" developed by Paul Ekman, PH.D., a professor of psychology at
the University of California Medical School in San Francisco.

http://www.cio.com/archive/120104/faces.html

------------------------------------------------------------------
3. Say What? Research on how people communicate
Kim Allen

Back in the day when I was a single working mom, an important member
of our household was a wonderful woman from El Salvador. Although
Mercedes spoke very little English and 5 year old Kristofer spoke no
Spanish, they understood each other quite well.

Research on how people communicate face to face, done several
decades ago by communication guru Albert Meharabian, uncovered that
words account for only 7% of the total transmission of information.
(It's 16% on the telephone!) That's easy to understand when you
consider our ancestors grunted and waved their arms long before they
had language. Today, we still rely on tone of voice, which
Meharabian tells us is 38% of the information transmitted, and body
language, which is 55%, to capture meaning.

If that's the case, why do we spend an extraordinary amount of time
on words? When we prepare a presentation we labor over the words we
want to use. We give little importance, if any, to how we should
sound or how to stand or whether or not to smile. Even a quick flick
of the eyes can arouse suspicion and mistrust and cause
a listener to doubt the veracity of the message.

The next time you want people to really understand what you mean,
notice your emotional state. While thoughts are encoded in your
words, what you're feeling-your emotions-impact the words you
choose, your tone of voice and your body language-100% of the
communication.

Don't leave it to chance! Increase the odds of communicating what
you really mean before you speak by getting coherent first: 1) Use
the Neutral tool (heart focus; heart breathing) to disengage from
feelings that may be unconsciously sending the wrong message. 2)
Activate a heart feeling. Positive emotions, like appreciation and
care, not only help establish a connection between speaker and
listener, they can give you more clarity about what it is you want
to say.

Source: www.heartmath.com

------------------------------------------------------------------
4. Arbitration Agreement Prohibits Class Action Lawsuit

A California Court of Appeal has ruled against an employee's attempt
to invalidate a pre-dispute arbitration agreement that prohibits an
arbitrator from hearing claims of multiple employees in a single
proceeding. If enforceable, the arbitration agreement effectively
waives the right of participating employees to bring class action
lawsuits.

The court set aside two other parts of the arbitration agreement
that it found unenforceable, one related to cost splitting and
another that placed limitations on the arbitrator's authority to
award certain remedies.

It then ruled in the employer's favor. The court's action requires
any employee who accepts, or fails to opt out of, the arbitration
agreement to submit any covered dispute to an individual arbitration
proceeding.

Gentry v. Superior Court, 135 Cal. App.4th 944 (2nd Dist., 2006)

Source: California Chamber Of Commerce

--------------------------------------------------------------
5. Coping With Psychopaths at Work
Tips from Martha Stout, author of The Sociopath Next Door.


[1] Suspect flattery. Sincere compliments from a coworker or a boss
are nice, but outrageous flattery is often an attempt to draw you
into a psychopath's snare. If you feel your ego is being massaged,
you may be dealing with a psychopath. Be careful.

[2] Take labels and titles with a grain of salt. Just because
someone is older, has a higher position or more degrees, or is
wealthier than you are does not mean his or her moral judgment is
better than yours.

[3] Always question authority when it conflicts with your own sense
of right and wrong. This may be hard to do, but it is crucial to
your own career and well-being.

[4] Never agree to help a psychopath conceal his or her suspicious
activities at work.

[5] If you are afraid of your boss, never confuse this feeling with
respect.

[6] Realistically assess the damage to your life. If it's too great,
you may have to leave. Remember that living well is the best
revenge.


http://www.fastcompany.com/magazine/96/open_boss-fasttake.html

---------------------------------------------------------------------
6.  Quotes

"Focus on the future, but understand the past."
Amy Butte, CFO, New York Stock Exchange

"People studying neurocardioloy, a new field, are discovering that
the heart has a mind of its own. It has a brain-like grouping of
neurons, and secretes oxytocin, the bonding chemical. There are
certain perceptions that are first processed by the heart, not by
the brain."
Marc Barasch

---------------------------------------------------------------------
7. New Book: Orchestrating Collaboration At Work: Using music,
improv, storytelling and other arts to improve teamwork
By Arthur B. VanGundy and Linda Naiman
(Originally published by Wiley/Jossey-Bass/Pfeiffer 2003)

Orchestrating Collaboration at Work is an activity book for
trainers, coaches, mediators and facilitators, who want to use the
arts to create transformative learning experiences in organizations.

This book examines what we can learn from the arts that we can apply
to business. All 70 activities are crafted using arts-based
principles that offer new insights and skills development in
creativity, communication, teamwork, and collaborative leadership.
You do NOT have to be an artist to use this book's offerings!

Painting, poetry, storytelling, music, sculpting and improvisational
theater offer innovative and transformative learning experiences.
You can use them as quick icebreakers or brainjuicers at meetings or
training sessions, and as a means of mediating dialogue to stimulate
employee engagement. These activities act as catalysts for
conversations that really matter and provide an antidote to
information overload.

To provide a context and a rationale for the arts in business, we
have included insights, observations, and advice derived from
interviews with leading researchers, educators, change agents,
artists and practitioners, including: business author Margaret
Wheatley, poet David Whyte, actor Richard Olivier, and John Seely
Brown, former chief scientist at Xerox PARC.


Orchestrating Collaboration at Work will help you:

*Provide stimulating and effective training exercises
*Incorporate the content and structure of the arts to resolve
business problems
*Teach specific skills for individual, group, and organizational
effectiveness
*Develop self-awareness, group-awareness and emotional intelligence
*Prototype possibilities for developing new products / services.
*Rehearse "what if" options that lead to meaningful insights
regarding change.
*Create an aesthetic experience helps leaders make tacit knowledge
visible; e.g. patterns, processes and relationships.
*Help nurture relationships between dissimilar groups, fostering an
appreciation for diverse and pluralistic points of view.
*Be "Zen present" through `artful reflection'

http://www.creativityatwork.com/CWStore/OCAWe-book.htm

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              February 2006 #73
------------------------------------------------------------------

Contents:

1. Articles
2. EEO Administrative Process Survey
3. Studies on Humor and Laughter
4. 7th Circuit Allows Employer's Ban on Religious-based Groups
5. The Etmyology of the Word Resolution
6. Quotes
7. Book: Our Inner Ape

------------------------------------------------------------------

1. Articles from Mediate.com

Peer Conflict Coaching at the Transportation Security Administration
By Michael W. Rawlings
The designers of Transportation Security Administration's (TSA)
Integrated Conflict Management System (ICMS) recognized that
typically there is nowhere for an individual to go for the vast
majority of daily conflicts and issues he/she faces at work. TSA has
chosen to respond through a broad system of conflict
management/cooperative problem solving education for all staff as
well as through the development of conflict coaching.
http://www.mediate.com/articles/rawlingsM1.cfm

What It Means To Be Sorry: The Power Of Apology In Mediation
By Carl D. Schneider
The act of apology represents one of the core reparative
opportunities in damaged relations. But it's not easy. This article
will describe the opportunity that apology presents, the difficulty
we have in seizing that opportunity, and the role that third parties
can have in inviting apology.
http://www.mediate.com/articles/schneiderC1.cfm

Reduce Stress and Improve Outcomes: A Conflict Management Primer for
Business Leaders
By Jerry Straks
A key skill business leaders need in the twenty-first century is
knowing how to manage conflict. If you want to brush up your
conflict management skills, you need to understand and apply six
basic principles. By applying these six principles, you can drain
much of the stress from many of the conflicts you face and you can
transform a high percentage of them from distressing struggles into
opportunities for positive change.
http://www.mediate.com/articles/straksJ1.cfm

------------------------------------------------------------------
2.EEO Administrative Process Survey

(39 responses from 39 agencies, including 11 from Cabinet-level
agencies)

January 2006

ADR

1) Do you think that ADR should be mandatory for management when a
Complainant has invoked it and the complaint is suitable for ADR in
the agency's ADR program?

Yes – 37 (97%)

No – 1  (3%)

2) Should EEOC mandate ADR at the hearing stage?

Yes – 22 (58%)

No – 16 (42%)

FORMAL PROCESS

3) Do you think that federal agencies should retain the
investigative function for EEO complaints?

Yes – 31 (82%)

No – 7 (18%)

4) Do you think that federal agencies should dismiss complaints if
Complainants have not made an election after receiving the letter
allowing them to select between an EEOC hearing or a final agency
decision?

Yes – 19 (49%)

No – 20 (51%)

5) Do you think that the EEOC should allow federal agencies to
dismiss complaints on the merits when facts available for the record
prior to the start of the formal investigation show that the
Complainants cannot make a prima facie showing (with appeal rights
to the Office of Federal Operations)?

Yes – 24 (62%)

No – 15 (38%)

6) Do you think that requests for EEOC hearings should be filed with
federal agencies instead of directly with the EEOC?

Yes – 14 (36%)

No – 25 (64%)

EEOC HEARING

7) Do you think that the right to an EEOC hearing should be
retained?

Yes – 36 (95%)

No – 2 (5%)

8) Do you think that EEOC Administrative Judges should dismiss
complaints after Complainants have been uncooperative during the
hearing process, instead of the current practice of remanding them
to the federal agencies for a final agency decision?

Yes – 30 (79%)

No – 8 (21%)

OTHER

9) Do you think that the EEOC should provide federal agencies more
specific guidance, including stipulating the number of complaints
filed by a Complainant, on when it is proper to dismiss complaints
for abuse of the EEO process?

Yes – 32 (84%)

No – 6 (16%)

10) Do you think that managers who are required to respond to
allegations of discrimination should be allowed to review all
documents in which he/she is accused of discrimination?

Yes – 25 (64%)

No – 14 (36%)

11) Do you think that managers' accused of discrimination should be
consulted prior to any settlement or resolution of an EEO complaint?

Yes – 17 (47%)

No – 19 (53%)

12) Do you think that federal agencies should track the names of
alleged discriminating officials?

Yes – 23 (61%)

No – 15 (39%)

13) Do you think that EEO officials should respond to requests from
non-EEO officials regarding information on alleged discriminating
officials?

Yes – 8 (22%)

No – 28 (78%)

14) Do you think that federal agencies should provide managers a
letter indicating the disposition of an EEO complaint within 30 days
of the closing of a discrimination complaint?

Yes – 32 (82%)

No – 7 (18%)

15) Do you think that EEOC should issue a table of penalties to
allow federal agencies to consult when they receive findings of
discrimination?

Yes – 24 (62%)

No – 15 (38%)

16) Do you think that EEOC should grant more deference to final
agency decisions when rendering appeal decisions? [EEOC hardly
mentions final agency decisions when issuing appeal decisions?

Yes – 22 (58%)

No – 16 (42%)

17) Do you think that EEOC should do more to enforce the requirement
that Complainants notify the EEO Offices at federal agencies when
they request an EEOC hearing?

Yes – 28 (72%)

No – 11 (28%)

Source: eeoc.gov

------------------------------------------------------------------
3. Studies on Humor and Laughter
Kim Allen

Someone once told me while I was in the midst of a difficult
situation, if there's the slightest chance you might look back on
this some day and laugh about it, start laughing now. Granted, this
doesn't work every time, but it sure has helped me get through some
tough times. Seeing the lighter side is perceptual shift. And just
like other positive emotions that can change the way we see
something, laughing has a lot of other benefits.

Studies1 on humor and laughter from Duke University, Loma Linda
University, UCLA, and even from other countries such as Great
Britain have shown:

*Laughing helps relax tense muscles.
*Laughter reduces the production of stress hormones.
*Laughter and a positive attitude strengthen the immune system.
*Laughter allows a person to 'forget' about aches and pains and
perceive pain as less intense.
*A good laugh is like an aerobic workout for the heart and lungs--
increasing the body's ability to use oxygen.
*Laughter helps lower high blood pressure.
*There are no known negative side effects to laughter.

Laughing is a part of the human experience. New research shows
that "circuits" for laughter exist in very ancient regions of the
human brain. Robert Provine, a psychology professor at the
University of Maryland in Baltimore, tells us, "(Laughter's) origin
is in tickling and rough-and-tumble play. Laughter is literally the
sound of play. (which becomes) the human 'ha-ha."2

Maybe that's why children laugh over 300 times a day. It's natural.
Surprise, surprise: That number falls to 15 with adults. Unlike
children who laugh unconditionally, we adults wait to find cause.3
Which brings up another one of those which-came-first conundrums: Do
we grow old because we stop laughing? Or, do we lose our ability to
laugh because we grow up?

Whatever, laughter not only feels good, it's good for us. Stay young
and healthy. Add more laughter to your day!

References:
1 http://vanderbiltowc.wellsource.com/dh/Content.asp?ID=649
2
http://news.nationalgeographic.com/news/2005/03/0331_050331_animallau
ghter.html
3 http://www.hinduonnet.com/folio/fo0003/00030440.htm

Source: www.heartmath.com

------------------------------------------------------------------
4. Seventh Circuit Allows Employer's Ban on Religious-based Employee
Groups

A recent decision by the United States Court of Appeals for the
Seventh Circuit held that an employer may decline to provide special
group status to "any group promoting or advocating a religious
belief" as long as this policy applies to all religious groups.
Moranski v. General Motors Corp., 7th Cir., No. 05-1803, 12/29/05.

At issue in this case was General Motors' ("GM") "Affinity Groups"
program, which provides company resources to employer-recognized
groups in order to encourage diversity and improve company
performance. GM's program guidelines, however, provide that GM shall
not recognize any affinity groups that "promote or advocate
particular religious or political positions."

Nine affinity groups currently exist at GM. Most of these groups are
organized around common traits (e.g., the North American Women's
Advisory Council Affinity Group). Membership in each group is
voluntary and open to all current, full-time salaried employees who
share the group's goals.

In December 2002, GM employee John Moranski requested that GM
recognize and provide support to the "GM Christian Employee
Network." Based on the program guidelines, GM denied Moranski's
request for recognition. Moranski then filed suit in the Southern
District of Indiana alleging that GM's denial violated Title VII,
which prohibits religious discrimination in the workplace.

The Seventh Circuit upheld the trial court's dismissal of Moranski's
lawsuit for failure to state a claim upon which relief could be
granted. The Court rejected Moranski's argument that GM's refusal to
recognize his religious affinity group meant that non-religious
employees were treated better than religious employees. In rejecting
this argument, the Seventh Circuit held that Title VII requires only
that an employer must treat every employee who advocates any
religious position the same. For example, it would be unlawful for
GM to grant recognition to an atheist affinity group but not to a
Christian group. But, it is not unlawful for GM to deny both
recognition. Moreover, the Court rejected any contention that
Title VII is violated when an employer excludes all religious groups
from participating in an affinity-based program but allows other non-
religious groups to participate.

This case has added significance to many employers, as employer-
sponsored diversity initiatives, including affinity programs, become
increasingly popular. However, caution is in order. The Seventh
Circuit's Moranski decision seemingly is at odds with decisions by
the U.S. Supreme Court. See, e.g., Ansonia Board of Education v.
Philbrook, 479 U.S. 60 (1986) (holding that an employer-school
board's decision to offer unpaid leave for religious absences and
paid leave for all other absences was discriminatory); Hishon v.
King & Spalding, 467 U.S. 69 (1984) ("[a] benefit that is part and
parcel of the employment relationship may not be doled out in a
discriminatory manner, even if the employer would be free . . . not
to provide the benefit at all"). The holding also appears at odds
with the Equal Employment Opportunity Commission's statement on
Religious Discrimination, which provides: "Employers must permit
employees to engage in religious expression if employees are
permitted to engage in other personal expression at work . . .
Therefore, an employer may not place more restrictions on religious
expression than on other forms of expression that have a comparable
effect on workplace efficiency." (See
http://www.eeoc.gov/types/religion.html). Moranski may very well
seek appeal of this issue to the United States Supreme Court.

Accordingly, while the Seventh Circuit's decision countenances
consistent exclusion of religious based groups from employer
affinity group programs, employers with nationwide operations or
operations outside of Illinois, Wisconsin, and Indiana (the Seventh
Circuit's jurisdiction) should act cautiously in taking such
actions. Other courts may find that such actions violate Title VII
or other state anti-discrimination laws."

Source: Winston & Strawn

--------------------------------------------------------------
5. The etmyology of the word resolution

It turns out the word resolution is from the Latin verb resolvere,
meaning "to loosen, to break things into their parts, to reduce
things to their simpler forms." When a bunch of Roman senators were
engaged in a dispute, they may have agreed to bring their
disagreement to a resolution by breaking down their arguments into
the most basic parts and finding the common ground.

This "loosening" sense of the word resolution is also visible in the
sciences. For example, in physics, we say that a prism resolves
sunlight into its spectral colors and the higher a microscope's
resolution, the more detail you can see.

The use of resolution to mean solving a problem (as in math) did not
occur until 1548, and the use of the word to mean a decision to do
something happened only in the early 1600s.

Source: http://www.creativity-
portal.com/cca/newsletter/06/january.html

---------------------------------------------------------------------
6.  Quotes

"Peace is not won by those who fiercely guard their differences, but
by those who with open

minds and hearts seek out connections."
Katherine Paterson

"Even if someone shouts abuse at you or strikes you, if you are
instulted, it is always your choice to view what happens as
insulting or not. If someone irritates you, it is only your
own response that is irritating you. Therefore, when anyone seeems
to be provoking you, remember that it is only your judgement of the
incident that provokes you. Don't let your emotions get ignited by
mere appearances."
Epictetus


---------------------------------------------------------------------
7. New Book: Our Inner Ape
By Frans De Waal

When people do evil things, such as when they commit genocides in
Bosnia or Rwanda, we call them "animals." If people do altruistic
things, such as when they save another's life or give generously to
the poor, we attribute this to our noble human morality. We call
them "humane."

Both sides of human nature, however, are tied to our biology. This
theme of the duality of human nature, hovering between beast and
angel, is brought home in Our Inner Ape by looking at our two
closest animal relatives, the chimpanzee and the bonobo. The
chimpanzee has a reputation as murderous and power-hungry, whereas
the bonobo, the hippie of the primate world, seems to prefer
to "make love - not war." Both apes are equally close to us on the

primate family tree, but comparisons with chimpanzees have thus far
dominated the media and literature. This is because until recently
little was known about the bonobo. The bonobo's female dominance,
cooperative nature, and use of sex to restore peace poses a
challenge to certain male-biased theoriesthat equate humanity's
aggressiveness with progress.

Over the last few decades, biologists have popularized the image of
humans as driven by "selfish genes," doing only what is good for
themselves. This message fit the Reagan-Thatcher Zeitgeist of greed
as the foundation of the free-market system. Well before Enron and
the spate of corporate scandals, however, Western cultures have been
placing increasing emphasis on moral responsibility and community.

Also within biology, the tone of the debate about human nature has
changed drastically over the last few years, from the right of the
strongest to the evolution of morality and commitment. This seems
the right time, therefore, to present a more complete picture of
human nature and human ancestry, one that tries to accommodate both
the chimpanzee and the bonobo within us.

In doing so, the focus is on human behavior through the eyes of a
primatologist. I have written both Chimpanzee Politics (on the
Machiavellian tendencies of male chimpanzees) and Bonobo: The
Forgotten Ape (on the Rousseauian tendencies of bonobos). By using
the bonobo and chimp as provocative metaphors for ourselves and our
evolutionary ancestry, we are able to see vivid mirror images of
ourselves.

The book is published in the US by Riverhead, in 2005, and will soon
thereafter appear in a dozen other countries.

http://www.emory.edu/LIVING_LINKS/OurInnerApe/book.html


--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
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conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              January 2006 #72
------------------------------------------------------------------

Contents:

1. Articles
2. Three Myths about Partners
3. Study Shows that Federal Mediation Makes Good Business Sense
4. FEHC Issues Proposed Mandatory`Harassment Training Regulations
5. EEOC Approves Revisions to EEO-1 Report
6. Quotes
7. Book: Workplace Bullying and Harassment

------------------------------------------------------------------

1. Articles from Mediate.com

Mediators Beware: Joint Sessions Are Not Confidential Under The
Administrative Dispute Resolution Act
Elizabeth Moreno
As we all know, California distinguishes itself from the rest of the
United States in many arenas. It is not a surprise that
it is any different in the mediation world. Unfortunately,
California mediators who mediate, for example, federal workplace
disputes under the Administrative Dispute Resolution (ADR) Act (5
USC §574) are on auto pilot and assume that the
confidentiality provisions are the same in both forums. However, the
Administrative Dispute Resolution Act has
confidentiality twists and turns.
http://www.mediate.com/articles/morenoE10.cfm

Skills for Transformative Group Facilitation
Ron Kraybill
The single biggest factor in determining whether a meeting is
rewarding or disappointing is the skill of the leader.
Unfortunately, skills for facilitating meetings are rarely taught.
People seem to assume that white hair, or a good
education, or the title of CEO, chair, reverend, etc., somehow
equips leaders with skills adequate to lead meetings.
http://www.mediate.com/articles/kraybillR1.cfm

------------------------------------------------------------------
2. Three Myths about Partners
A partnership expert gives the lowdown on dynamic duos.

Few people have thought as deeply about how partnerships work as
social historian Riane Eisler. The cofounder and codirector
of the Center for Partnership Studies, based in Pacific Grove,
California, Eisler has devoted the past 30 years to developing
and promoting the idea and the practice of partnership.

In books such as "The Chalice and the Blade" (HarperCollins, 1988)
and "The Partnership Way" (Holistic Education Press, 1998,
cowritten by David Loye), Eisler argues that history is a struggle
between two ways of structuring relationships: a
"dominator model," which is stifling and authoritarian, and
a "partnership model," which encourages creativity. She consults
widely; her clients include some of the country's largest companies.

In an interview with Fast Company, Eisler discussed the three most
common myths about partnership.

Myth #1 Partnerships Don't Have Hierarchies.
"People often think that having a partnership means being 'nice.' It
doesn't. There are hierarchies in a partnership, but
they are hierarchies of 'actualization' rather than domination.
Conflict isn't squashed. People are heard. Differences of
opinion are respected. In the dominator model, conflict is either
repressed or put down violently. People who are different
are considered inferior and are expected to submit to authority."

Myth #2 Partnerships Always Require Consensus.
"Consensus can be a disaster. If one person unreasonably holds up a
decision, he or she, in effect, becomes a dominator.
"Partnerships are not completely flat organizations. They do have
leaders -- but those leaders play multiple roles. They take
turns assuming leadership for tasks where their knowledge and
ability apply. They don't issue orders that people must obey
without question; they inspire and facilitate."

Myth #3 Partners Don't Compete.
"Competition exists in partnerships, but it isn't adversarial.
Instead, the emphasis is on achievement: People compete not to
destroy their rivals but to raise standards and to spur themselves
to excel. In the dominator paradigm, the point of life is
to win and to control. In a partnership, the idea is to create -- a
much more basic human desire.

"Of course, no society, business, or family conforms perfectly to
the partnership model. Most of us have been brought up to
see the dominator model as normal, so we struggle to shed its
traditions and assumptions. Habits and patterns don't change
overnight. But we are moving closer to the partnership model than
ever before."

For more information about the Center for Partnership Studies, visit
the Web (www.partnershipway.org) or send email

Source: http://www.fastcompany.com/magazine/19/threemyths.html
From: Issue 19 | November 1998 |  Pam Krueger

------------------------------------------------------------------
3. Study Shows that Federal Mediation Makes Good Business Sense for
Labor and Management in Collective Bargaining

WASHINGTON, D.C.  –   The Federal Mediation and Conciliation Service
(FMCS), a U.S. government agency responsible for

mediating collective bargaining contracts, said today (11/16/2005)
that research has found that the agency's mediation
services saved U.S. businesses and workers approximately $9 billion
between 1999 and 2004—a strong indicator that including a
federal mediator in negotiations makes good business sense for both
labor and management.

The study, commissioned by the FMCS to assess the impact of
mediation on collective bargaining negotiations, was conducted by
the Employment Policy Foundation (EPF), a nonprofit, nonpartisan
public policy research foundation that focuses on workplace
trends. After an analysis of six years of FMCS case data, EPF
researchers determined that mediation saved $9 billion in
workers' wages and company profits.  These savings come from work
stoppages that FMCS is estimated to have prevented and work
stoppages that had a shorter duration as a result of early FMCS
intervention. The average annual savings included $80.7
million in retained company profits, $640.5 million in retained
union members' wages, and $781.8 million in retained workers'
wages among workers in ancillary industries.

The study also showed that early involvement by a federal mediator
reduces the duration of any work stoppage that does occur.

If mediation starts before the contract expires, work stoppage
duration can be reduced by an average of 46 percent.  EPF
estimates that this reduction in work stoppages resulted in an
average annual benefit of $217.9 million.  "For every four
days the parties do not use FMCS after the contract expires, another
day is added to the work stoppage," said FMCS Acting
Director Scot L. Beckenbaugh. He said this finding would be
particularly helpful in encouraging parties to contact FMCS prior
to contract expiration.

"This study underscores the benefits of mediation in resolving labor
disputes for companies and employees," Beckenbaugh said.

"These findings bear out what those of us working in the field have
experienced individually over many years, which is that
mediation makes good business sense for both sides in a dispute."

Findings from the study will be used to educate and inform
management and labor about the benefits of using mediation to
resolve disagreements during collective bargaining and in the
workplace, Beckenbaugh said. "This will dispel the myth that a
request for federal mediation by a party during negotiations is a
sign of weakness," Beckenbaugh said. "In fact, the results
of this analysis show just the opposite—that it is the smart thing
to do."

Beckenbaugh said the agency hopes the findings will make it easier
for parties in a dispute to call for mediation. "The
earlier we get the call, the greater the opportunity to help the
parties craft an acceptable agreement," Beckenbaugh
emphasized.

FMCS mediates collective bargaining negotiations and labor disputes
in unionized workplaces.  Mediation, however, is a
voluntary process, and both sides must consent to the presence of a
neutral, federal mediator, who can then assist them in
reaching a mutually acceptable agreement on contract terms.   More
than 20,000 labor contracts expire every year, and the
agency mediates about a quarter of them, including approximately
half of all significant negotiations involving bargaining
units with more than 1,000 members.

EFP estimated that, without FMCS intervention, the costs of work
stoppages to the U.S. economy over a six year period would
have been 71 percent greater—$21.7 billion instead of $12.7 billion—
and would have impacted 76 percent more workers, 4
million instead of 1.85 million.  Without FMCS mediation, the number
of work stoppages in an average year would be 61 percent
higher.

FMCS mediation prevented an estimated 1,265 work stoppages over the
six-year period and saved employees, employers and others
doing business with them approximately $1.3 billion annually in
wages and profits that otherwise would have been lost.

Since 1970, there has been a 90 percent reduction in the number of
work stoppages.  In 1977, work stoppages peaked at 3,111,
but only ten years later, the number of work stoppages dropped to
921.  Since then, the work stoppage incidence rate has
steadily fallen.  In 2004, work stoppages were the lowest ever, at
273.

Yet, work stoppages in 2004 had a significant impact on American
companies and workers.  During stoppages, employees do not
work and forgo wages.  Production lost during the stoppage directly
impacts company profits.  Despite the lowest strike rate
in decades, the 273 work stoppages in 2004 had a direct impact on
wages and company profits—these stoppages caused $954.5
million in lost wages and $147.9 million in lost company profits.

Stoppages also indirectly can impose costs on companies and
employees that normally exchange goods and services with the
company that is experiencing a work stoppage.  EPF estimates that
the indirect impact of the 273 work stoppages in 2004
amounted to $267.3 million in lost wages and impacted 338,643 jobs
in ancillary industries.

"The study demonstrates the continued need for mediation, especially
in the most difficult situations where there are work
stoppages," said Beckenbaugh. "This underscores the importance of
FMCS' core mission, which is to prevent or minimize work
stoppages."   Beckenbaugh explained that even a small number of work
stoppages annually can adversely impact communities,
companies and workers. "We do our best to keep that from happening,"
he said.

Beckenbaugh also emphasized that the EPF study may be understating
the true impact of federal mediation because of the very
conservative assumptions that were used in building the work
stoppage impact model. "We are asked to mediate approximately
5,000 contract negotiationsannually, and this analysis was based on
the low number in each of the assumptions used to
calculate the results. Even with such a conservative analysis, the
results are quite dramatic," he said. "Hopefully, the
study will increase the parties' and the public's understanding of
the demonstrated value of mediation in labor-management
negotiations."

Source: http://www.fmcs.gov/internet_text_only/itemDetail.asp?
categoryID=39&itemID=19768

------------------------------------------------------------------
4. FEHC Issues Proposed Mandatory`Harassment Training Regulations

On Friday, December 16, 2005, the California Fair Employment and
Housing Commission ("FEHC") (www.fehc.ca.gov) issued
proposed regulations interpreting California's mandatory harassment
prevention training statute, Government Code section
12950.1 (formerly AB 1825). The law requires all California
employers with 50 or more employees to train their supervisors in
harassment prevention by the end of 2005.

The FEHC's draft regulations will not take effect until after the
public has the opportunity to comment and make
recommendations for changes. The public has until February 10, 2006
to submit comments. The FEHC will hold two public
hearings to hear comments about its proposed regulations, on
February 1, 2006 at 1:00 p.m. in San Francisco at the Hiram
Johnson State Office Building Auditorium, 455 Golden Gate Avenue,
and on February 10, 2006, at 10:00 a.m. in Los Angeles at
the Ronald Reagan State Office Building Auditorium, 300 South Spring
Street, Los Angeles.

Employers who have made a substantial, good faith effort to comply
with section 12950.1 by completing training of their
supervisors prior to the effective date of the FEHC's regulations
will be deemed to be compliant with the law regardless of
whether the training they provided differs from the FEHC's final
regulations. Once the initial compliance deadline of
December 31, 2005 has passed, employees are required to retrain all
supervisors every two years.

The FEHC's proposed regulations attempt to clarify some ambiguities
in the statute, including the following:
"Employee" includes full time, part time, temporary and contract
workers. There is no requirement that the 50 employees work
at the same location or all reside in California.

"Other effective interactive training and education" includes non-
classroom instruction using audio, video or computer
technology, with an opportunity for feedback, the opportunity to ask
questions and have them answered, and testing that
measures progress and acquisition of knowledge. E-training and web-
based seminars ("webinars") shall incorporate feedback or
a participation component at least once every 15 minutes, so that
employees are "measurably engaged" in the training.

The "two hours" of required training is either two hours of
classroom or webinar training, or the amount of time that the
same content may be covered in an e-learning program for an average
learner. E-learning programs are not required to have a
built-in timer that causes rapid learners to view additional content
until the two hour standard is met.

"Supervisory employees" need not be physically located in California
so long as they supervise California employees. Also,
attending harassment training does not create an inference that an
employee is a supervisor.

Tracking compliance: Employers may track the training requirement
for each supervisor, measured two years from the date of
completion of the last training of the individual supervisor
("Individual Tracking"). Alternatively, employers may designate
a "training year" in which training of supervisors occurs, and must
retrain supervisors by the end of the next "training
year," two years later ("Training Year Tracking"). Thus, using the
Training Year Tracking method, an employer that has
trained its supervisors by December 31, 2005 must train its
supervisors again by December 31, 2007.

"Trainers or educators" may include California licensed attorneys,
human resource professionals, psychologists or others
"provided they have legal education or practical experience in
harassment training and knowledge of California laws
prohibiting unlawful harassment." The proposed regulations also
contain lists of "desirable" and "undesirable" qualities for
trainers.

Training must include the definition of unlawful harassment under
the California Fair Employment and Housing Act ("FEHA") and
Title VII of the federal Civil Rights Act of 1964, as amended. In
addition to a definition of sexual harassment, an employer
may provide a definition of other forms of harassment covered by the
FEHA, as specified at Government Code section 12940,
subdivision (j).

Training must include "practical examples," "including but not
limited to role plays, case studies, group discussions, and
examples with which the employees will be able to identify and apply
in their employment setting."

Source: Winston & Strawn

--------------------------------------------------------------
5. EEOC Approves Revisions to EEO-1 Report

On November 16, 2005, the Equal Employment Opportunity Commission
(EEOC) approved major revisions to its employer reporting
form, the EEO-1 (Employer Information Report). These are the first
significant revisions in nearly 40 years, since 1966. A
notice about the revisions to the EEO-1 Report is expected to be
published in the Federal Register shortly. The public will
then have 30 days to submit comments to the Office of Management and
Budget (OMB). The OMB can approve the final EEO-1
revisions after considering the public comments—at that time the
EEOC will post on its web site the final EEO-1 along with
the revised Instruction Booklet. The revised EEO-1 report will be
used for the 2007 reporting cycle. Further information
about the EEO-1 Report, including questions and answers on the final
revisions, is available on the EEOC's web site at
www.eeoc.gov.

Private employers with 100 or more employees, and some federal
government contractors with 50 or more employees, are required
to file the EEO-1 Report, annually. An estimated 45,000 private
employers file an EEO-1 report each year. The EEO-1 report
requires the employer to provide workforce information by job
category and by race, ethnicity, and sex. The individual
reports are confidential and are used by EEOC to investigate charges
of employment discrimination against employees in
private industry and to provide information about the employment
status of minorities and women. The EEOC shares the data
with the Labor Department's Office of Federal Contract Compliance
Programs (OFCCP) and state and local fair employment
agencies.

The final changes to the EEO-1 Report's race and ethnic categories
include:

*A new category titled "Two or more races not Hispanic or Latino";
"Asians" will be identified separately from "Pacific Islanders";
*A new category titled "Asians not Hispanic or Latino";
*A new category titled "Native Hawaiian or Other Pacific Islander
not Hispanic or Latino";

EEO-1 data collection by race and ethnicity is extended to the State
of Hawaii; and
Self-identification of race and ethnic categories, as opposed to
visual identification by employers, is strongly endorsed.
The final proposed changes to the EEO-1 Report's job categories
include:

Dividing "Officials and Managers" into two levels based on
responsibility and influence within the organization:
"Executive/Senior Level Officials and Managers" and "First/Mid-Level
Official and Managers"; and
Moving non-managerial business and financial occupations from
the "Officials and Managers" category to the "Professionals"
category.

Source: Winston & Strawn


---------------------------------------------------------------------
6.  Quotes

"Sometimes your joy is the source of your smile, but sometimes your
smile can be the source of your joy."
Thich Nhat Hanh

"Don't look back in anger, or forward in fear, but around in
awareness."
James Thurber

"Each difficult moment has the potential to open my eyes and open my
heart."
Myla Kabat-Zinn

---------------------------------------------------------------------
7. New Book: Workplace Bullying and Harassment: A Toolbox for
Managers and Supervisors
By Hadyn Olsen

The book is written for supervisors and managers and is an easy to
read, toolbox to help managers identify behaviour, recognise tactics
and take affirmative action to prevent workplace bullying and
harassment. It includes chapters on policy, complaints processes,
perpetrator behaviours and leadership roles.

For more information about the book and workplace violence, Hadyn
has provided a variety of articles on his web site at
http://www.wave.org.nz/articles.html

To order, email nzsales@...
www.wave.org.nz

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              December 2005 #71
------------------------------------------------------------------

Contents:

1. Articles
2. New Guides For Federal Workplace ADR
3. Diversity Important to Bottom Line
4. visual Perception studies
5. The Benefits of Positive Emotions
6. Quotes
7. Book: The Thin Book of Naming Elephants

------------------------------------------------------------------

1. Articles from Mediate.com

Going Beyond ADR: A Federal Sector Mission- and Work Life- Centered
Approach to Building Collaboration and Democratic Values on the Job
Judy Cohen
Mediation–and its related values--has laid an important foundation
for a collaborative workplace. But dispute resolution and conflict
management programs' impact on agency function has, arguably, been
minor. This article explores moving beyond alternative dispute
resolution and conflict management and describes how one program
enriched its organization by exploring this potential.
http://www.mediate.com/articles/cohen7.cfm

The Experience of Conflict Management Training in Macau (China)
Deane Lam
Recently I delivered several training courses to an adult training
center in Macau S.A.R., China. The program was designed to explore
the connectivity of the gaming industry and the society of Macau by
understanding the theory and practice of conflict management:
recognizing how conflicts originate and evolve in the working
environment, and learning skills to resolve interpersonal conflicts
creatively.
http://www.mediate.com/articles/lamK2.cfm

Apology: The Post-Debate View
Jerome F. Weiss
This article examines the need for better mediation advocacy through
analysis of recent articles on apology and explains how it sets an
appropriate tone in certain cases. The article also explains recent
clinical experience with respect to apology for medical mistakes and
the relationship to mediation advocacy.
http://www.mediate.com/articles/weissJF2.cfm

The Costs of Harassment, the Value of Prevention
Daryl Landau
Every organization decides where to allocate resources to
prevention, and where to reaction. Given the realities of scarce
resources—time, money—and uncertainty about the future, it's not
possible to prevent every problem that could occur. This article
makes a case, though, for the opportunity to save money through
prevention in the area of workplace conflict, especially in cases of
alleged harassment.
http://www.mediate.com/articles/landauD1.cfm

------------------------------------------------------------------
2. New Guides For Federal Workplace ADR

The Administrative Dispute Resolution Act of 1996 ("ADR Act"), 5
U.S.C. §§571-584, requires each federal agency to promote the use of
alternative dispute resolution ("ADR") and calls for the
establishment of an interagency committee to assist agencies in the
use of ADR. Pursuant to the ADR Act, a Presidential Memorandum dated
May 1, 1998, created the Interagency ADR Working Group, chaired by
the Attorney General, to "facilitate, encourage, and provide
coordination" for federal agencies. In the Memorandum, the President
charged the Working Group with assisting agencies with training
in "how to use alternative means of dispute resolution."

The federal Interagency ADR Working Group Steering Committee ("the
Steering Committee") has developed three documents designed to serve
the goal of assisting federal agencies with training in how to use
ADR: a confidentiality guide; a guide for federal employee
mediators; and a guide for federal employee ombuds. A brief
description of each of the three guides is set forth below, and the
complete text of each of the three documents can be found at the
links at the bottom of this page.

Public comment on the three guides is solicited by a notice
published in the Federal Register on November 9, 2005. The Steering
Committee invites all interested individuals or organizations to
submit comments on these documents for its consideration before they
are posted in final form. All comments must be postmarked or emailed
by 30 days from the date of the Federal Register notice. Please
address all comments to Hon. Richard C. Walters, Administrative
Judge, U.S. Department of Veterans Affairs Board of Contract Appeals
(09), 810 Vermont Avenue, N.W., Washington, D.C. 20420 and send by e-
mail to Rich.Walters@.... Electronic transmission is preferred to
ensure full distribution.

Please note that the three Guides apply to the internal management
of the federal civilian executive branch. They are not intended to
create any new right, benefit, or trust responsibility, substantive
or procedural, enforceable at law or equity by a party against the
United States, its agencies, its officers, or any person.


http://www.adr.gov/draftguides.html

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3. Diversity Important to Bottom Line
SHRM Releases Its 2005 Survey on Workplace Diversity Practices

(Alexandria, Va., October 25, 2005)—Reducing costs and improving
profits are two key results of a diverse workforce, according to a
2005 Workplace Diversity Practices Survey released today by the
Society for Human Resource Management (SHRM).  The survey was based
on responses from 400 human resource (HR) professionals.  The survey
examines how organizations are managing workplace diversity, and how
effective they are.


Diversity issues are taking on increasing importance because of
expected changes to the workforce in the areas of gender, age, race
and ethnicity in the coming decades.  As these demographics changes
take place, it will be even more important for organizations to use
and measure successful diversity initiatives.

"If organizations want to remain competitive in the marketplace,
diversity has to be a part of its strategic goal," said Susan R.
Meisinger, SPHR, president and CEO of SHRM. "With Baby Boomers
expected to work long into retirement and the population growing
more diverse in terms of race and ethnicity, organizations should
use strong diversity initiatives now to maintain their
competitiveness."

The survey found that organizations can measure the impact of a
diverse workplace through reduced costs in absenteeism and
retention, and improved recruitment, public image and overall
corporate culture.  Seventy-eight percent of HR professionals said
that diversity practices have helped reduce costs while 74 percent
said it improved the financial bottom line.

The survey also found that large organizations are more likely to
measure the impact of diversity while small and medium organizations
generally lacked the resources to measure diversity practices.
However, only 38 percent of all organizations have a method of
measuring the impact of diversity practices.

Diversity at the executive level is among the best indications of
how committed an organization is to diversity.  Fifty-three percent
of HR professionals agreed that their board of directors was diverse
in terms of age, ethnicity, gender, religion, education and
socioeconomics.  The survey also found that HR professionals
indicated that a diverse board generally increased the effectiveness
of the diversity practices in the organization.

Source: SHRM

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4. visual Perception studies

Much of the research in the Visual Cognition Lab focuses on a
phenomenon known as "Change Blindness." Under normal viewing
conditions, changes to a scene produce a motion signal that is
readily detected. However, when a change coincides with another
event that disrupts the motion signal, observers are often blind to
surprisingly large changes. Recently, a number of laboratories have
revealed change blindness for changes occuring during saccades,
flashed blank screens, blinks, motion picture cuts or pans, and even
during real-world occlusion events. In addition to studies
illustrating the magnitude of change blindness in motion pictures
and the real world, current research in the Visual Cognition Lab
examines a number of related issues.

Recently, our lab has begun to explore the nature of perception
without attention. This research follows on recent studies by Mack
and Rock as well as earlier studies by Neisser and colleagues. Our
primary interests are in exploring the role of attention and
inattention in the perception of complex dynamic events. These
projects use both video and computer-based paradigms to explore the
mechanisms underlying inattentional blindness.

Mack & Rock (1998) explored the nature of perception when attention
is directed away from a target object. In their task, observers
judged which line of a briefly flashed "+" was longer, the
horizontal or the vertical. On the fourth trial of this task, an
unexpected object was preseted at the same time as the plus at a
different position on the screen. When the plus was presented at
fixation and the unexpected object was presented parafoveally, 25%
of observers did not see the unexpected object. Even more startling,
when the plus was presented parafoveally and the unexpected object
was presented at fixation, nearly 75% of observers failed to detect
the object. Perhaps more strikingly, when the unexpected object was
meaningful (e.g., a smily face or the subject's name), detection was
substantially more likely. Mack and Rock conclude that without
attention, nothing is consciously perceived.

        These recent studies are consistent with an earlier line of
work examining the detection of unexpected events during a divided
attention tasks (e.g., Neisser, 1979). In these studies, observers
monitored one event while simultaneosly ignoring another similar
event. For example, observers monitored one team of players passing
a basketball while ignoring another team also passing a ball.
Typically in these tasks the displays were physically superimposed
so that the players were overlapping and partially transparent.
While observers this task (e.g., counting the passes of the attended
team), an unexpected event (UE) occurred. For example, a woman
carrying an open umbrella might across the court (the UE was also
partially transparent). As in Mack & Rock's studies, observers often
failed to see the UE. These studies demonstrate that attention is
directed to objects and events rather than spatial locations -- the
attended event was literally superimposed on the unattended event,
yet observers still did not see the UE. Furthermore, these studies
showed that observers could miss a suprathreshold UE that lasted for
several seconds (as opposed to 200ms in Mack & Rock's studies).

http://viscog.beckman.uiuc.edu/djs_lab/
http://viscog.beckman.uiuc.edu/djs_lab/demos.html

--------------------------------------------------------------
5. Pass The Gravey: The Benefits of Positive Emotions
Kim Allen

We spend a lot of time in this column helping people understand just
how important emotions are. Some people, however, are quick to
conclude that learning how to manage emotions is not a business
skill and the workplace is no place for all this talk about
emotions.

The fact is the workplace and just about any place we humans gather
is filled with emotions. They bring texture to our lives and are an
important aspect of being human. Our ability to feel emotions
separates us from reptiles and snakes. Our ability to manage them
separates us from cats and dogs.

The trouble is we focus on and give more energy to the wrong
emotions. We don't hesitate talking about how angry, anxious or
frustrated we are about a new company policy, a deadline or a co-
worker. Yet we will avoid talking about care, compassion or love,
for fear (another emotion!) of being seen as soft or non
professional. What's wrong with this picture?

People and organizations are literally starving for more of the
positive stuff: appreciation for someone's talents; care for a team;
compassion for a colleague; a passion for excellence.

You know you work better when you feel better. And how much better
do you feel when you perform well? Want some proof? Look at this
list of studies that demonstrate the benefits of positive emotions:

*Increased cognitive flexibility  (Ashby et al., 1999)
*Improved memory  (Isen et al., 1978)
*Improved decision making  (Carnevale & Isen, 1986)
*Increased creativity and innovative problem solving  (Isen et al.,
1987)
*Improved job performance & achievement  (Wright & Staw, 1994; Staw
et al.,1994)
*Improved clinical problem solving  (Estrada et al.,1997)
*Increased longevity  (Danner et al., 2001)
*Reduced morbidity  (Goldman et al, 1996; Russek & Schwartz, 1997)

Harness the power of positive emotions. Eat them up and dish them
out. We are what we feel.

Source:Heartmath.com

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6.  Quotes

"The most basic of all human needs is the need to understand and be
understood. The best way to understand people is to listen to them."
Ralph Nichols

"We fear things in proportion to our ignorance of them."
Livy

"What is required for effective change is continuity of sincere
effort to release and let go of inefficient thought patterns from
the past...Sincerity means a deeper heart commitment to the task."
Doc Childre

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7. New Book: The Thin Book of Naming Elephants:
How to Surface Undiscussables for Greater Organizational Success

By Sue Annis Hammond & Andrea B. Mayfield

There's an elephant in the room that everyone knows about but no one
is acknowledging. The elephant is implicit and undiscussable and
lurks in every organization. Everyone talks around the elephant and
thinks that everyone else knows about the elephant. However, until
the elephant's presence is made explicit, the level of dialogue and
therefore the quality of decision-making is limited. Sound familiar?

Using NASA's tragic accidents and Enron's bankruptcy as examples of
the price of not having open, constructive dialogue, the book shows
how great companies create an environment that encourages and
listens to input from all levels of the organization.

After reading this book, you'll understand:

*The role of assumptions and multiple realities;
*Why surfacing assumptions is so important;
*How to have constructive dialogue;
*Why arrogance, hubris and smart talk gets in the
way of constructive dialogue; and
*What strategies you can use to name the
elephants in your organization.

http://www.thinbook.com/

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
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To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              November 2005 #70
------------------------------------------------------------------

Contents:

1. Articles
2. Employment Law: The Supreme Court Outlook for 2005-2006
3. Negotiation Tips on Podcast.net
4. Don't Listen to "Yes"
5. Scenarios for the Future of HR Management
6. Quotes
7. Book: Why Great Leaders Don't Take Yes For An Answer

------------------------------------------------------------------

1. Articles

The Compassionate Mind in Mediation
Jill Sarah Moscowitz
This article examines some basic assumptions about conflict and
about our role as mediators in understanding the "right/wrong"
paradigm from which most parties approach mediation.
http://www.mediate.com/articles/moscowitzJS1.cfm

Empathic Listening: Listening First Aid
Gregorio Billikopf Encina
Effective listening skills can help a person who is suffering from
deep emotional wounds, or involved in a serious interpersonal
conflict, to vent. Listening skills, on the part of a helper, permit
such a person to think more clearly and be more receptive to outside
input.
http://www.mediate.com/articles/encinaG3.cfm

Good Criticism: You Can Do It!
Criticism is a hot topic, so hot that some workplaces do not even
use the word. Whether you use "criticism" or "feedback" or another
word to describe it, this article is about what the dictionary calls
the art of judging merit. Communicating judgment of another person
is very difficult for some of us, even as difficult as our last
topic, getting criticized.
http://www.munncrs.com/COMMON_GROUND/sept2005.html

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2. Employment Law: The Supreme Court Outlook for 2005-2006

This term, the United States Supreme Court will consider a number of
cases that may impact employers and employees.

In Arbaugh v. Y&H Corp., U.S., No. 03-30365, the Supreme Court will
settle a split among the U.S. Appellate Courts and decide whether
Section 701(b) of Title VII of the Civil Rights Act of 1964 (which
defines "employer" as a person who employs fifteen or more employees
for at least twenty weeks of the relevant time period) is relevant
to federal subject matter jurisdiction or if it is an element of the
merits of the case. The Supreme Court's ruling will impact the stage
of litigation at which courts may hear challenges to the case's
Section 701(b) compliance. The Court of Appeals for the Fifth
Circuit, where this case arose, held that the employee census is
relevant to federal subject matter jurisdiction. In the Second and
Seventh Circuits the courts have held that determination is an
element of the merits of the case. Oral argument is scheduled for
November 7, 2005.

In Buckeye Check Cashing, Inc. v. Cardegna,U.S., No. 04-1264, the
Court will decide whether the Federal Arbitration Act allows a party
to avoid arbitration by claiming that the underlying contract
containing an arbitration clause (but not the arbitration clause
itself) is void for illegality. In Buckeye, the Supreme Court of
Florida stated that the court had to resolve whether the underlying
contract was valid before compelling arbitration pursuant to an
arbitration provision. The court held that if the underlying
contract was void under Florida law, the courts could not separately
enforce an arbitration provision. Oral argument is scheduled for
November 29, 2005.

In Domino's Pizza, Inc. v. McDonald, U.S., No. 04-593, the Court
considers in the absence of a contractual relationship with the
defendant, whether allegations of personal injuries alone are
sufficient to confer standing on a plaintiff pursuant to 42 U.S.C. §
1981. In this case, the president and sole shareholder of JWM
Investments sued Domino's Pizza alleging that Domino's Pizza
terminated its contract with JWM for race-based reasons. The
president and sole shareholder did not have a contract directly with
Domino's Pizza. The issue before the Court is whether the plaintiff
has standing under Section 1981 to bring this claim. The Ninth
Circuit held that the plaintiff had standing because he alleged
injuries distinct from that of the corporation. Thus, under the
Ninth Circuit's analysis, the plaintiff could seek recovery for
injuries that were separate and distinct from contract damages
suffered by JWM Investments. Oral argument is scheduled for December
6, 2005.

In IBP, Inc. v. Alvarez,U.S., No. 21/04-0865 and Tum v. Barber
Foods, U.S., No. 02-1679, a consolidated case, the Supreme Court
will decide (1) whether walking that occurs between compensable
clothes-changing time and the time employees arrive at, or depart
from, their actual work stations constitutes non-
compensable "walking . . . to and from the actual place of
performance of the principal activity" within the meaning of Section
4(a) of the Portal-to-Portal Act; and (2) whether employees have a
right to compensation for time they must spend waiting at required
safety equipment distribution stations under the Fair Labor
Standards Act (FLSA). Specifically, the FLSA requires employers to
compensate employees for all hours worked. However, the Portal-to-
Portal Act creates an exception to the FLSA for activities that are
before or after the principal employee activity, unless the activity
is an integral or indispensable part of the principal activity. In
these cases, both employers did not compensate their employees for
the time it took the employees to put on protective gear, walk to
their work stations, and be ready to work before their paid shifts
began. In IBP, Inc., the Ninth Circuit held that such activities
were compensable under the FLSA, while the First Circuit, in Tum,
held that such activities fell under the Portal-to-Portal Act and
were not compensable. Oral argument is scheduled for October 3, 2005.

In Wachovia Bank v. Schmidt, U.S., No. 03-2061, the Supreme Court
will consider whether a banking institution is, within the meaning
of 28 U.S.C. § 1348, "located" in a state in which it operates its
branch offices for diversity jurisdiction purposes. Specifically,
federal law provides that "[a]ll national banking associations
shall, for the purposes of all other actions by or against them, be
deemed citizens of the States in which they are respectively
located." 28 U.S.C. § 1348. In Wachovia Bank, the Fourth Circuit
held that the district court lacked diversity jurisdiction where the
plaintiff was a resident of South Carolina and the defendant, a
banking institution, had a branch office in South Carolina. The
court reasoned that the term "located" in Section 1348 should be
given ordinary meaning, "physical presence," and therefore, a
national banking association would be "located" in any state where
it operated a branch office. Oral argument is scheduled for November
28, 2005.
If you have any questions about this briefing, please contact one of
the Winston & Strawn partners listed here.

Source:Winston & Strawn LLP Briefings

------------------------------------------------------------------
3. Negotiation Tips on Podcast.net
By Dr Josh Weiss
Joshua N. Weiss is the Associate Director of the Global Negotiation
Project at the Program on Negotiation at Harvard University. Listen
to Dr Weiss talk on a wide range of negotiation subjects such as:
Power and Negotation, Time Pressure and Deadlines, Psychological
Traps, Managing Assumptions, Negotiating Styles, Art of Questioning,
Dealing with Difficult People, Empathy, Being Assertive,
Understanding Alternatives, and Option Generation.

http://www.podcast.net/tag/negotiate

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4. Don't Listen to "Yes"

by Martha Lagace, Senior Editor, HBS Working Knowledge

If people smile, nod, and say "yes" at your company, maybe it's time
to start an argument. According to HBS professor Michael Roberto,
the lack of good conflict—constructive conflict—within an
organization makes it that much harder to accurately evaluate
business ideas and make important decisions.

But conflict does not mean browbeating. In his new book, Why Great
Leaders Don't Take Yes for an Answer: Managing for Conflict and
Consensus (Wharton School Publishing), Roberto describes the toll on
organizations when leaders fail to create an atmosphere that invites
dissent. He then outlines concrete steps that managers at all levels
can take to spark positive conflict and make sure that all views get
a fair hearing, and he outlines as well a fair and open process for
making more effective decisions.

"Keeping conflict constructive helps to build decision commitment,
and therefore facilitates implementation," says Roberto, who teaches
in the School's General Management unit. An e-mail interview with
HBS Working Knowledge follows.

Martha Lagace: Why should a leader be concerned when he or she hears
the answer "yes"?

Michael Roberto: Leaders need to recognize that expressing dissent
can be very difficult and uncomfortable for lower-level managers and
employees. Therefore, leaders cannot wait for dissent to come to
them; they must actively go seek it out in their organizations. In
short, they must search for people willing to say no to them. The
mere existence of passive leadership constitutes a substantial
barrier to candid dialogue and debate within organizations.

Leaders can and should take concrete steps to build conflict into
their decision-making processes. For instance, they might ask a set
of managers to role-play the firm's competitors in a series of
meetings so as to surface and test a set of core strategic
assumptions. Or they might assign someone to play the devil's
advocate so as to ensure that a thorough critique and risk
assessment of a proposal has been conducted before moving forward.

By inducing vigorous and open debate, leaders avoid the guessing
game of trying to discern whether or not people truly agree with a
choice that has been made.

Q: In your book you discuss three cultures of indecision that
typically appear in organizations: the cultures of yes, no, and
maybe. How should a leader recognize his or her organizational
culture and identify its barriers to decision making?

A: Indecision can cripple an organization, and it comes in several
different forms. Lou Gerstner coined the phrase "culture of no" to
describe the situation he inherited at IBM in the early 1990s. In
this type of culture of indecision, dissenters essentially have veto
power in the decision-making process, particularly if those
individuals have power and status. The organization does not employ
dissenting voices as a means of encouraging divergent thinking, but
rather it enables those who disagree with a proposal to stifle
dialogue and close off interesting avenues of inquiry. Such a
culture does not force dissenters to defend their views with data
and logic, or to explain how their objections are consistent with
the organization-wide goals as opposed to the parochial interests of
a particular division or subunit. A culture of no enables those with
the most power or the loudest voice to impose their will.

When Paul Levy embarked on a turnaround of the Beth Israel Deaconess
Medical Center in Boston, he discovered a "culture of yes." Levy
described the dynamics: "People will not tell the truth during
meetings about how their department would react to a given
proposal…. They will sit there quietly and you won't find out until
a week later that they object to something…. This behavior had
become standard practice. If you object to a proposal, you get quiet
during the meeting. Then later, when you leave the room, you
undercut the consensus that appeared to have emerged." Many
organizations have similar patterns of behavior, and the tell-tale
signs are quite similar to those described by Levy.

Finally, a "culture of maybe" exists when companies are highly
analytical, yet also quite uncomfortable with ambiguity. They go to
great lengths to gather more information and to perform additional
formal analysis, in hopes of reducing the ambiguity associated with
various options and contingencies. They strive for certainty in an
inherently uncertain world—to turn every maybe into a simple yes or
no. Indecision and a lack of closure result if managers cannot
recognize the costs of trying to gather a more and more complete set
of information.

Q: What are the guidelines you've identified for (1.) sparking
constructive conflict; and (2.) devising a decision-making process
that will be fair and effective?

A: To be effective, leaders need to ensure that conflict remains
constructive. That is, they must stimulate task-oriented
disagreement and debate while trying to minimize interpersonal
conflict. Leaders can accomplish this by taking concrete steps
before, during, and after a critical decision process.

Before the process begins, they can establish ground rules for how
people should interact during the deliberations, clarify the role
that each individual will play in the discussions, and build mutual
respect, particularly with regard to differences in the cognitive
styles of each team member.

During the deliberations, leaders can intervene in several ways when
debates get heated. They might redirect people's attention and
recast the situation in a different light, present ideas and data in
novel ways so as to enhance understanding and spark new branches of
discussion, and revisit basic facts and assumptions when the group
appears to reach an impasse.

Finally, after a decision process ends, leaders should try to derive
lessons learned regarding how to manage conflict constructively, and
they must attend to hurt feelings and damaged relationships that may
not have been apparent during the process itself.

Keeping conflict constructive helps to build decision commitment,
and therefore facilitates implementation. But, to build buy-in,
leaders also need to devise a fair process. During a decision-making
process, some individuals will have their views accepted by the
group, while other proposals garner little support. Leading a fair
process does not mean trying to satisfy everyone in terms of the
ultimate decision that is made. Instead, it means creating a process
in which leaders have demonstrated authentic consideration of
others' views. For people to believe that a process is fair, they
must:

*Have ample opportunity to express their views and to discuss how
and why they disagree with other group members.
*Feel that that decision-making process has been transparent, i.e.,
that deliberations have been relatively free of secretive, behind-
the-scenes maneuvering.
*Believe that the leader listened carefully to them and considered
their views thoughtfully and seriously before making a decision.
*Perceive that they had a genuine opportunity to influence the
leader's final decision.
*Have a clear understanding of the rationale for the final decision.

Q: Could you expand upon the role of communication in decision
making? Examples in your book describe the power of e-mail in
undercutting decisions that were made in face-to-face meetings. In
addition, since meetings have a start and finish time and are
usually expected to be run very efficiently, everyone has probably
experienced a "checklist" atmosphere.

A: Leaders need to be careful about trying to maximize the
efficiency of their meetings. In so doing, there may be a pernicious
unintended consequence. Agenda overload, coupled with the quest for
efficiency, often works against a leader's best efforts to stimulate
debate. Why does efficiency crowd out debate? For some dissenters,
it takes some time to gather the courage to express their views or
to determine precisely how they would like to articulate their
point. For others, they may want to listen to others and gain a
better understanding of the issues before offering their views. The
rapid pace of the discussion may become discouraging to those who
aren't comfortable "shooting from the hip" as soon as a new topic
opens.

To not get bogged down during meetings, leaders need to develop and
employ a variety of forums for encouraging people to express their
views. E-mail represents one such vehicle, but there are others as
well. E-mail provides a wide range of employees with access to the
leader, but of course, the danger is that people can easily be
misunderstood.

Q: Assuming that a decision has been made that everyone will accept,
how can the "rules of engagement" be sustained going forward so that
old habits won't return?

A: It is very important for leaders to be clear about the way in
which they want people to contribute and behave during decision-
making processes. People need to understand what is expected of
them, as well as what to expect of the leader. But perhaps more
importantly, leaders need to maintain discipline over time, holding
people accountable if they violate the accepted norms and rules of
engagement. If someone clearly engages in personal attacks or
withholds a dissenting view only to obstruct the implementation
later, they need to be held responsible for such dysfunctional
behavior. Leaders may find that such moments are developmental
opportunities, where they can help their managers and employees
learn and improve from situations of poor performance.

Q: What is the importance of a specific leader in the whole process?
Can an organization retain these more-effective behaviors even after
a particular leader leaves?

A: Naturally, the individual leader has an enormous impact on the
type of decision process they employ, as well as the outcomes of
that process. However, when leaders establish a climate of openness,
and they make constructive conflict a habit in the organization,
such behaviors can be sustained over time. For instance, Chuck
Knight [former chairman and CEO of Emerson Electric Co.] made
conflict a fundamental element of his firm's strategic planning
process, and while he has now retired, the process retains the same
atmosphere of vigorous debate that it had for many years under his
leadership. For this type of sustainability to occur, leaders need
to ensure that they not only change the way they make decisions, but
they must develop a pipeline of leaders who approach decision making
differently. They have to teach the attributes of good process,
model those attributes, and coach future leaders in their
implementation.

Q: How should managers, even those who are not the top leaders in
their organization, use these ideas?

A: The ideas in the book very much apply to leaders at all levels.
While many of the cases described in the book focus on CEOs, the
concepts of constructive conflict, consensus building, procedural
fairness, and the like are applicable to leaders of any group or
organizational unit. In many ways, the ideas regarding how to build
commitment and shared understanding are even more important for
leaders at lower levels, who have far less power and formal
authority than the CEO.

Source: http://hbswk.hbs.edu/item.jhtml?id=4833&t=leadership

--------------------------------------------------------------
5. What Will the Future Workplace and Business Environment Look
Like?  Will You be Ready?
SHRM Releases 2015 Scenarios for the Future of HR Management Report

(Alexandria, Va., October 19, 2005)—The Society for Human Resource
Management (SHRM) has developed a report that looks at four possible
scenarios for the workplace in 2015.  These scenarios, based on
business competition and the availability of talent and
organizational structure, help prepare HR professionals for what the
future may hold for their businesses and what key competencies in HR
will be needed to help their companies succeed a decade from now.

"It's largely acknowledged that the workforce and competitive market
environment of tomorrow will hold little resemblance to what we have
today," said Susan R. Meisinger, SPHR, president and CEO of
SHRM.  "While we do not know for sure what is ahead, we can plan for
what may happen. Identifying possibilities and what organizations
will need to do to thrive in each scenario puts the power in the
hands of the HR professional to prepare for the future and lead
their organization to continued success."

SHRM is interested in helping its members and their organizations
gain a competitive advantage by anticipating future changes in the
economic and business outlook.  To arm HR professionals with the
tools they will need to face the workplace of the future, it is
necessary to strategically develop possible scenarios of what the
future will look like.  The scenarios report was produced using SHRM
knowledge and expertise in conjunction with the proprietary scenario-
planning process and consulting expertise of Decision Strategies
International, a scenario-planning institution.

The two factors used to create a grid of four possible scenarios are
the availability of labor and dominant organizational structure
models of the future. Some examples of situations that may influence
the labor pool include the effects of retiring Baby Boomers,
outsourcing or offshoring jobs, immigration policies and technology
that change the need for workers.  The structure of organizations
will also influence the workplace.  Some methods may focus on a
strict hierarchy with strong division between management levels
while others may be more flat and provide more autonomy and
flexibility to the individual.  These factors could also influence
tenure, loyalty, training practices and accountability.

Each scenario represents the role the HR professional will have to
play in the workplace of the future as well as the different
challenges and opportunities for organizations and their people
strategies.

Scenario A: Casting Director
With scarce U.S. talent and self-organizing firms, organizations are
based on ad-hoc networks of workers around a small core.
Scenario B: Global Dealmaker
With a surplus of labor and decentralized organizational structures,
HR must manage relationships among a workforce spread throughout
different geographic regions and across international lines.

Scenario C: Caregiver
Uncertain times lead to a return of centralized, hierarchical
organizational.  The organization acts as parent to its employees
and HR works to protect and provide for employees.

Scenario D: Systems Integrator
Advances in technology lead to layoffs and "jobless prosperity" in
the U.S.  HR works closely with IT to maximize human-machine
performance and helps employees adapt to dehumanizing change.

These four scenarios are not intended to be predictions of the
future, but rather, act as possibilities for what the world may look
like and how companies will need to adjust. Each scenario demands a
different set of competencies and skills for success.  These
scenarios consistently hold an important role for HR professionals
and reveals different directions the professional will have to go.

Source: SHRM

---------------------------------------------------------------------
6.  Quotes

"After more than fourty years in business, I've concluded that
listening is the single most important on-the-job skill that a good
manager can cultivate."
J.W.Marriott, Jr

"Let us never negotiate out of fear, but us let us never fear to
negotiate."
J.F.Kennedy

"If equilibrium means death for a living system, then going beyond
the productive edge of chaos into the destruction of anarchy is
equally self-limiting. Managing conflict enables us to approach the
upheaval of chaos (the productive edge) and find invigorating new
solutions."
John Ford

---------------------------------------------------------------------
7. New Book: Why Great Leaders Don't Take Yes For An Answer:
Managing for Conflict and Consensus
By Michael Roberto
Upper Saddle River, NJ: Wharton School Publishing, 2005.

Leaders hear `yes' far too often.

They don't hear bad news until it's too late. They get groupthink,
not reality.They think they've achieved consensus, then find their
decisions undermined by colleagues who never really bought in.They
become isolated: even high-risk or illegal actions can go
unquestioned. It's an enormous problem: for leaders, for teams, for
the entire organization. But is it inevitable? Absolutely not!

In this book, Harvard Business School Professor Michael Roberto
shows you how to stimulate dissent and debate to improve your
decision making; he also shows how to keep that conflict
constructive.  Of course, conflict alone does not produce better
decisions and improved results. Leaders need to cultivate debate and
simultaneously build consensus. Strong buy-in paves the way to
successful execution. Through fascinating examples from history,
including the Columbia space shuttle disaster and the tragedy on
Mount Everest, the book explores:

* How real organizations make real decisions:  How the decision
process unfolds throughout the organization-not just in the
executive suite
* The five myths of executive decision making: Why they're so
dangerous, and how to overcome them
* How to foster open debate that actually builds long-term
consensus: How to achieve "diversity in counsel, unity in command"
* How to move to closure: overcoming the inability to decide:
Avoiding "analysis paralysis" and other pitfalls
* How to gain the whole-hearted commitment to act: Addressing hidden
doubts that could undermine your final decision

Mike Roberto offers powerful new insights into managing teams,
mitigating risk, even promoting ethics through effective
governance.  Whether you're a senior executive or a project team
member, this book will help you leverage your team's immense
untapped wisdom to make better decisions - and get better results.

http://mysite.verizon.net/vzeoktno/

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
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conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              October 2005 #69
------------------------------------------------------------------

Contents:

1. Articles
2. The Heart Lock-In
3. Building Peace One Dream at a Time
4. The Speed of Trust
5. Employers may terminate medical marijuana users
6. Quotes
7. Book: Conflict Resolution Toolbox

------------------------------------------------------------------

1. Articles From Mediate.com

Shifting The Strange Attractor: An exploration of chaos and change
agency
By Mimi Lyster
Chaos theory offers metaphors that can help reveal more and less
effective ways of initiating, facilitating, and managing
change. This paper encourages conflict management professionals to
consider using these metaphors as a tool to discover
patterns and leverage points that can improve the effectiveness of
their interventions with businesses, organizations, or
families. Understanding the theoretical underpinnings of various
systems theories gives us an edge. It makes us more nimble
as practitioners, and better able to transfer our skills to a larger
spectrum of clients and circumstances.
http://www.mediate.com/articles/lysterM1.cfm

Apology: More Power Than We Think
By Darrell Puls
Mediators too often focus on settlement as dispositive of the
conflict rather than merely as the issues coming out of the
conflict. They often recognize that the relationship needs repair,
but do not know how to help the clients get there.
Appropriate levels of apology can break logjams. Unfortunately,
apology in mediation is underrated because mediators do not
understand the four levels of apology and are not trained in the art
of helping people apologize.
http://www.mediate.com/articles/pulsD1.cfm

De-Escalation: The Key to Peace
By Douglas Noll
De-escalation moves parties from emotionality to rationality,
allowing them to make sound choices. If parties are pushed too
quickly to be rational, they will balk and impasse will result. De-
escalation is therefore a key element of peacemaking.
http://www.mediate.com/articles/noll22.cfm

------------------------------------------------------------------
2. The Heart Lock-In
The Heart Lock-In is designed to help you increase the power of your
heart and rebalance your emotions. The longer you are
able to hold your attention in the heart, the more balanced you will
feel.
http://www.heartmath.org/heart-lock-in-technique.htm

------------------------------------------------------------------
3. Building Peace One Dream at a Time – The Moral Imagination in
Law, Religion and Conflict Resolution

RockRose Institute, in collaboration with The Bar Association of San
Francisco and United Religions Initiative, invites you
to an intensive conversation on moral imagination with renowned
mediator, author and teacher, John Paul Lederach and
musician/songwriter Herm Weaver. Engage with John Paul, James
Brosnahan and Maha ElGenaidi as they explore the cardinal
question: "What are the roles of law and religion in promoting the
healing power of justice"?  Participate in small
interactive group discussions led by Bay Area facilitators to
explore your moral imagination and perspective on this and
related questions.

Saturday, October 15, 2005
9:00am – 5:00pm
First Unitarian Universalist Church
1187 Franklin Street
San Francisco, CA
www.rockroseinstitute.org

------------------------------------------------------------------
4. The Speed of Trust
Interview with Stephen M.R. Covey (eldest son of Stephen R. Covey)

Trust is soft.
Trust is slow.
Trust is for wimps.
Trusting people is too risky.
Trust can't be taught.

These are common myths about trust.

But what is the truth about trust?  Find out in this audio interview
with Stephen M.R. Covey who will soon publish a book
entitled "The Speed of Trust".

Stephen MR is the eldest son of Dr. Stephen  R. Covey who
authored "The 7 Habits of Highly Effective People".  Stephen MR is
the former CEO of Covey Leadership Center which, under his
stewardship, became the largest leadership development company in
the world.  He is now the co-founder and CEO of his own firm
CoveyLink which is a learning and consulting practice focused on
enabling leaders and organizations to increase and leverage trust to
achieve superior performance.

In this interview Stephen MR Covey shares strategies, tactics and
tools to help you establish, grow, extend, and restore
trust with all stakeholders (customers, suppliers, investors,  and
co-workers).

Trust is THE critical leadership competency in the new global
economy. Trust is more important than vision, strategy, skills,
systems and structure and... the list goes on.  Trust is what will
make your team outstanding.

You can access this interview at:
http://www.tomheck.blogs.com

--------------------------------------------------------------
5. Employers may terminate medical marijuana users under new
California case

A recent decision of the California Court of Appeal confirmed that
employers need not tolerate marijuana use by employees -
even physician-approved use under California's medical marijuana
law.  Ross v. Ragingwire Telecommunications, Inc. (2005)
C043392.  In light of this decision, employers may terminate a
marijuana-using employee without fear of liability for
wrongful termination or disability discrimination.

Gary Ross was a medical marijuana user since 1999.  In September
2001 Ragingwire offered Ross a job.  Ragingwire had a
company policy requiring Ross to take a pre-employment drug test.
Ross took the test and began working for Ragingwire a few
days later, but before he received the results of his drug tests.
His drug test disclosed THC, the main chemical found in
marijuana.

The employer immediately suspended Ross after only three days of
work.  Ross explained that his use of marijuana was in
accordance with the Compassionate Use Act.  Nevertheless, the
employer terminated Ross' employment after only eight days of
work for testing positive for an illegal substance.

Ross sued Ragingwire arguing that he was wrongfully terminated in
violation of public policy.  Specifically, he argued
Ragingwire failed to comply with the Fair Employment and Housing Act
(FEHA), which requires employers to make reasonable
accommodations for persons with disabilities.  Ross also asserted
causes of action for employment discrimination based on
Ross' status as a "disabled person" and breach of contract to
terminate only for cause.

There was no question that Ross was a qualified disabled person, nor
was there any question that his use of medical marijuana
complied with the Compassionate Use Act.  With respect to Ross'
claim that his termination violated FEHA, the court pointed
out that "[n]othing in FEHA precludes an employer from firing, or
refusing to hire, a person who uses an illegal drug."  Even
though the use of medical marijuana does not subject the user to
prosecution for California state criminal violations, that
conduct is illegal under the federal Controlled Substances Act.  (21
U.S.C. §§ 841, 844.)  The court disagreed with Ross'
claim that federal law [the Controlled Substances Act] could not be
used to decide a FEHA claim.  In short, the court held,
Ross' conduct remained illegal despite the California medical
marijuana law, and thus remained a perfectly proper basis for
his termination by his employer.

The court specifically declined to extend the protections of FEHA to
medical marijuana users.  Nothing in the statute as it
exists requires such an extension, and, the court held, it is up to
the legislature or electorate to amend FEHA to compel
employers to make reasonable accommodations for an employee's use of
medicinal marijuana.

For now, a California employee's use of marijuana, albeit in
compliance with the Compassionate Use Act, exposes that employee
to termination.  The Ross case may, however, be merely one
development in the ongoing debate over employee rights of medical
marijuana users.  Some states (including Oregon, see Oregon courts
expand the employment rights of medical marijuana users)
have reached the contrary conclusion.  Thus, employers should
strongly consider consulting their legal advisers for
assistance in developing drug-testing policies and in the management
and termination of employees using medical marijuana.

Source: Bullivant Bailey

---------------------------------------------------------------------
6.  Quotes

"They may forget what you said, but they will never forget how you
made them feel."
Carl W. Buechner

"All resistance reflects an unmet need, and is a request for
authentic communication."
Ken Cloke

"Instead of talking in the hope that people will listen,
try listening in the hope that people will talk."
Dr. Mardy Grothe

---------------------------------------------------------------------
7. Book: Conflict Resolution Toolbox: Models and Maps for Analyzing,
Diagnosing, and Resolving Conflict
Gary Furlong
ISBN: 0-470-83517-6
Hardcover
288 pages

In real-life conflict resolution situations, one size does not fit
all. Just as a mechanic does not fix every car with the
same tool, the conflict resolution practitioner cannot hope to
resolve every dispute using the same technique.
Practitioners need to be comfortable with a wide variety of tools to
diagnose different problems, in vastly different
circumstances, with different people, and resolve these conflicts
effectively. The Conflict Resolution Toolbox gives you all
the tools you need: eight different models for dealing with the many
conflict situations you encounter in your practice.

This book bridges the gap between theory and practice and goes
beyond just one single model to present a complete toolbox - a
range of models that can be used to analyze, diagnose, and resolve
conflict in any situation. It shows mediators,
negotiators, managers, and anyone needing to resolve conflict how to
simply and effectively understand and assess the
situations of conflict they face. And it goes a step further,
offering specific, practical guidance on how to intervene to
resolve the conflict successfully.

Each model provides a different and potentially useful angle on the
problem, and includes worksheets and a step-by-step
process to guide the reader in applying the tools.

Offers eight models to help you understand the root causes of any
conflict.

Explains each model's focus, what kind of situations it can be
useful in and, most importantly, what interventions are likely
to help.

Provides you with clear direction on what specific actions to choose
to resolve a particular type of conflict effectively.

Features a detailed case study throughout the book, to which each
model is applied.

Additional examples and case studies unique to each chapter give the
reader a further chance to see the models in action.
Includes practical tools and worksheets that you can use in working
with these models in your practice.

The Conflict Resolution Toolbox equips any practitioner to resolve a
wide range of conflicts. Mediators, negotiators,
lawyers, managers and supervisors, insurance adjusters, social
workers, human resource and labour relations specialists, and
others will have all the tools they need for successful conflict
resolution.

http://www.wiley.com/WileyCDA/WileyTitle/productCd-0470835176.html

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              September 2005 #68
------------------------------------------------------------------

Contents:

1. Articles
2. ACR Adopts Model Standards of Conduct for Mediators
3. What Employers Say Versus What They Do
4. Cultural variation in eye movements during scene perception
5. How We Frame Our World
6. Quotes
7. Book: BooK: Negotiation Basics: Win-Win Strategies for Everyone

------------------------------------------------------------------

1. Articles From Mediate.com

Compassion
By Douglas E. Noll
Compassion is one of the great unheralded traits of business
leadership. Compassion requires you to subjugate your own need for
attention and self esteem to the needs of others around you. You
care and you are sincere in your caring. True compassion in the
business world is very rare.
http://www.mediate.com/articles/noll17.cfm

Better Practice Tip: Recognized Exceptions to Mediation
Confidentiality and Remedies That Every Litigator Should Know
Max Factor III and Alice M. Graham
What about real problems with mediation cases. You observe that the
mediator simply favors one side. Or, a party appears medicated,
unable to appreciate the meaning of the settlement. Can anything be
done? In many cases, the answer is yes.
http://www.mediate.com/articles/factorm4.cfm

------------------------------------------------------------------
2. ACR Adopts Model Standards of Conduct for Mediators
Association for Conflict Resolution
On August 22, the Association for Conflict Resolution (ACR) adopted
the 2005 revisions to the Model Standards of Conduct for Mediators.
These revisions reflect the work of representatives from ACR, AAA
and ABA.
http://www.mediate.com/articles/acrpress1.cfm

To read the Model Standards:
http://www.mediate.com/articles/model_standards_of_conflict.cfm

------------------------------------------------------------------
3. What Employers Say Versus What They Do

In "What Employers Say Versus What They Do," researchers Devah Pager
(Princeton University) and Lincoln Quillian (Northwestern
University) proved that mom was right when she said, it is not what
you say but what you do that matters. What employers say about
hiring minorities is strikingly different from what they do. In an
experiment, the researchers found that employers said they were just
as likely to hire a black person as a white person; but what they
did was another story: They were three time more likely to hire a
white person than a black person. In response to 350 entry-level job
openings from the Milwaukee Journal Sentinel in December 2001, the
researchers sent both black and white men to apply for the jobs. The
results: white men were twice as likely as black men to get called
back. The results were more dramatic when criminal records were
taken into account. Job candidates were given either a resume with a
criminal record, or one without. While white men with a criminal
record were half as likely to receive call-backs as white men
without a criminal record, black men with a criminal record were a
third as likely to receive a call back as black men without a
criminal record. To learn more about this study, see "Walking the
Talk? What Employers Say Versus What They Do" in the June 2005
American Sociological Review.

Devah Pager, Princeton University, 609-258-8725, pager@...
and Lincoln Quillian, 847-491-7488, l-quillian@...

------------------------------------------------------------------
4. Cultural variation in eye movements during scene perception
Hannah Faye Chua, Julie E. Boland, and Richard E. Nisbett
Department of Psychology, University of Michigan
In the past decade, cultural differences in perceptual judgment and
memory have been observed: Westerners attend more to focal objects,
whereas East Asians attend more to contextual information. However,
the underlying mechanisms for the apparent differences in cognitive
processing styles have not been known. In the present study, we
examined the possibility that the cultural differences arise from
culturally different viewing patterns when confronted with a
naturalistic scene. We measured the eye movements of American and
Chinese participants while they viewed photographs with a focal
object on a complex background. In fact, the Americans fixated more
on focal objects than did the Chinese, and the Americans tended to
look at the focal object more quickly. In addition, the Chinese made
more saccades to the background than did the Americans. Thus, it
appears that differences in judgment and memory may have their
origins in differences in what is actually attended as people view a
scene.
http://sitemaker.umich.edu/hannahfaye/files/pnas_paper_-_hannah.pdf

--------------------------------------------------------------
5. How We Frame Our World
By Kim Allen
Heartmath Institute

The way my old sales district was laid out, reps had to team sell in
key accounts. One particular pairing was headed for disaster, or at
least that's what Jay, the more seasoned rep, believed. According to
Jay, Freddie spent too much time doing this, not enough time doing
that; he just wasn't cutting it. If an account went south, Jay
reminded me, it was Freddie's fault.

How we respond to the challenges and choices that come our way is
often based on a limited view. We are so close to a situation we
just can't see any other alternative. We get caught up in our own
little circle by drawing imaginary boundaries around what we think.
Then we color our world so that it fits our interpretation of it.

When Jay looked at Freddie, all he saw was how different they were.
Freddie didn't approach the business or their clients the way Jay
did-the right way. Jay was stuck in a little picture framed by his
frustration and blame.

When all you see is the problem everything thing else is out of
focus so it's easy to miss opportunities. How many people or
situations in your life did you not like at first and after some
time, you did? Perceptions can and often do change and we start to
see the BIG picture.

Freddie had access to the hard to see clients. He was a likable guy.
It didn't matter that he didn't have Jay's level of expertise.
Freddie's sales figures proved what he knew was enough.

When Jay started to appreciate all that Freddie brought to the team,
a new and bigger picture emerged. He saw how much they complimented
each other. It was a pure example of how the whole is greater than
the sum of the parts. They became the most successful team in the
district.

Take an inventory of your gallery. Do you have more small pictures
or big ones? Next time you start to frame your world with blame or
resentment, remember to take a time out long enough to find
something to appreciate and create a wider view of what is really
going on. See if appreciation doesn't do what it means: add more
value.


---------------------------------------------------------------------
6.  Quotes

"Culture defines the proper way to think, act and behave within your
company. This helps to convey the message of how things are done in
a specific environment. Culture describes how we do things around
here. Culture is often referred to the personality of your company."
Dr. Robert Rodriguez, Capella University's School of Business

"Between stimulus and response, there is a space. In that space lies
our freedom and power to choose our response. In our response lies
our growth and freedom"
Victor Frankl, Man's Search for Meaning

---------------------------------------------------------------------
7. Book: Negotiation Basics: Win-Win Strategies for Everyone
Charles P. Lickson

Collaboration and cooperation is the best way to negotiate according
to Charles P. Lickson, author of NEGOTIATION BASICS: Win-Win
Strategies for Everyone currently scheduled for publication in April
2005.  This new book builds on the success of an earlier book,
Successful Negotiation written by the late Robert B. Maddux and
published by Crisp Publications.  The Maddux negotiation book was a
best seller for Crisp.

Charles Lickson, a former practicing attorney and professional
mediator, had already written several books for Crisp including
Ironing It Out: Seven Simple Steps to Resolving Conflict – which
sold thousands of copies all over the world.  When asked if he would
update the Maddux negotiation book, Lickson responded
enthusiastically: "After all", he stated, "isn't a successful
negotiation one of the best ways to prevent or resolve conflict?"

The book, which is being published by Thomson Learning as part of
the Crisp series, has been re-titled Negotiation Basics to better
reflect its nature as a practical, hands-on `how to' book on the
essentials of negotiation according to Debbie Woodbury of Thomson
Learning.  Thomson Learning is part of The Thomson Corporation one
of the largest integrated information and publishing firms in the
world.  "We anticipate a very positive response from the business
community, government and the general public to this easy-to-read
primer on such an important topic", said Thomson's Ms. Woodbury.

Lickson added: "Most people would rather look at how both sides of a
negotiation can win." He pointed out that "while this book discusses
so-called "win-lose" and other traditional negotiation styles, it
emphasizes the value of finding the common ground wherever possible
as a basis for more effective `win-win' outcomes".

Lickson is a Senior Mediator, Facilitator and Trainer for Conflict
Management Consortium, Inc., which serves a national clientele from
offices in Front Royal, Virginia – 65 miles West of Washington,
D.C.  He has been involved in the resolution of hundreds of matters
for public and private sector firms and organizations in the United
States and in Europe, Africa and Asia. His training includes
undergraduate work at the Johns Hopkins University, law degree from
Georgetown Law Center and a non-traditional Ph.D. in counseling.
Lickson is an adjunct professor of Political Science and Public
Administration at the Marsh Institute for Government and Public
Policy at Shenandoah University in Winchester, Virginia and is a
member of the adjunct faculty at the Eastern Management Development
Center, the Shepherdstown, West Virginia based federal training
facility administered by the U.S. Office of Personnel
Administration.  He also serves as a Senior Consultant to Executive
Protection Systems LLC of Winchester, VA.

Information on where and when to purchase copies of Negotiation
Basics (ISBN 0-619-25907-8) may be obtained from Thomson Learning at
1-800-442-7477 or by contacting Conflict Management Consortium at 1-
800-967-4555.

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              August 2005 #67
------------------------------------------------------------------

Contents:

1. Articles
2. Department of the Navy's Online Introduction to ADR
3. EEOC Revises Guidance On Timeliness For Filing Charges
4. Union-Member Privilege Statute
5. EEOC Offers Businesses Free '10 Reasons To Mediate' Video
6. Quotes
7. Book: Taking Your Harassment Prevention Training to Trial

------------------------------------------------------------------

1. Articles From Mediate.com

Narrative Mediation: An Exercise In Question Asking
by Angela Nagao and Norman Page
Based on a hypothetical case, this essay outlines considerations
used in the narrative approach to mediation and demonstrates
how question asking can be used to transform relationships. Further,
it advances the notion that question asking is an
appropriate way of regulating mediator involvement. Sample questions
are included at various stages of the process.
http://www.mediate.com/articles/pageN3.cfm

I Understand
Trime Persinger
What does it mean to validate someone else? You validate another
person when you make a sincere effort to understand his
point of view, and let him know that you're trying. You can do this
by paraphrasing what he has said, or by reflecting back a
feeling that you're picking up from him.
http://www.mediate.com/articles/persingerT8.cfm

The Cost of Job Stress
Mary Corbitt Clark
Job related stress is on the increase. While programs such as EAPs,
employee wellness programs and stress management can be
helpful in addressing the symptoms of job stress, they do not
address its root causes. Research indicates that the single
greatest cause of job stress is unhealthy workplace practices and
conditions. Thus, the best way to alleviate job stress is
to change the workplace.
http://www.mediate.com/articles/clarkM1.cfm

------------------------------------------------------------------
2. Department of the Navy's Online Introduction to ADR

Welcome to the Department of the Navy's Online Introduction to
Alternative Dispute Resolution. This 45 minute presentation
will introduce you to ADR theories, techniques and uses of ADR by
the DON. It spans many areas of DON activity, including
procurement, environmental protection, workplace, and assistance to
service members.
http://adr.navy.mil/adr/etraining.asp

------------------------------------------------------------------
3.EEOC Revises Guidance On Timeliness For Filing Charges Of
Employment Discrimination

In accordance with the Supreme Court's decision in National Railroad
Passenger Corp. v. Morgan, 536 U.S. 101 (2002), the U.S.
Equal Employment Opportunity Commission (EEOC) today issued a
revision to its Compliance Manual section on "Threshold Issues"
addressing time limitations on filing charges of employment
discrimination with the agency. The revised Compliance Manual
Chapter and questions and answers about the revision are available
online at http://www.eeoc.gov/policy/compliance.html.

Threshold issues are requirements that an individual must satisfy in
order to have a legal claim under the EEO statutes. When
a charge is filed with the EEOC, the investigator determines whether
threshold requirements are satisfied before considering
the substantive claim of discrimination. In Morgan, the Court ruled
that the timeliness of an employment discrimination
charge depends upon whether it involves a discrete act or a hostile
work environment claim. A discrete act is only
independently actionable if it occurred within the filing period. In
contrast, all of the incidents that make up the same
hostile work environment claim are actionable as long as at least
one incident occurred within the filing period.

In Morgan, the Court ruled that the timeliness of an employment
discrimination charge depends upon whether it involves a
discrete act or a hostile work environment claim. A discrete act is
only independently actionable if it occurred within the
filing period. In contrast, all of the incidents that make up the
same hostile work environment claim are actionable as long
as at least one incident occurred within the filing period.

"This update to the EEOC's Compliance Manual clarifies an important
aspect of threshold issues in light of recent legal
developments,"said Commission Chair Cari M. Dominguez. "The revision
will assist investigators and EEOC stakeholders in
determining the timeliness of claims pursuant to the Supreme Court's
ruling in the Morgan case. It explains how the time
frames are applied to discrete acts, such as failure to hire or
termination, and to hostile work environment claims."

In addition to enforcing Title VII, which prohibits employment
discrimination based on race, color, religion, sex, or
national origin, the EEOC enforces the Age Discrimination in
Employment Act, which protects workers 40 and older; the Equal
Pay Act; Title I of the Americans with Disabilities Act, which
prohibits discrimination against qualified individuals with
disabilities in the private sector and state and local governments;
prohibitions against discrimination affecting persons
with disabilities in the federal government; and sections of the
Civil Rights Act of 1991. Further information about the
Commission is available online at www.eeoc.gov.

Source: EEOC

------------------------------------------------------------------
4. Union-Member Privilege Statute

In what seems to be a "first" in the nation, Illinois has enacted a
union-member privilege statute effective January 1, 2006.

The statute is reproduced below:

735 ILCS 5/8-803.5
Sec. 8-803.5. Union agent and union member.

(a) Except when required in subsection (b) of this Section, a union
agent, during the agency or representative relationship
or after termination of the agency or representative relationship
with the bargaining unit member, shall not be compelled to
disclose, in any court or to any administrative board or agency
arbitration or proceeding, whether civil or criminal, any
information he or she may have acquired in attending to his or her
professional duties or while acting in his or her
representative capacity.

(b) A union agent may use or reveal information obtained during the
course of fulfilling his or her professional
representative duties:
(1) to the extent it appears necessary to prevent the commission of
a crime that is likely to result in a clear, imminent
risk of serious physical injury or death of another person;
(2) in actions, civil or criminal, against the union agent in his or
her personal or official representative capacity, or
against the local union or subordinate body thereof or international
union or affiliated or subordinate body thereof or any
agent thereof in their personal or official representative
capacities;
(3) when required by court order; or
(4) when, after full disclosure has been provided, the written or
oral consent of the bargaining unit member has been obtained or, if
the bargaining unit member is deceased or has been adjudged
incompetent by a court of competent jurisdiction, the written or
oral consent of the bargaining unit member's estate.

(c) In the event of a conflict between the application of this
Section and
any federal or State labor law to a specific situation, the
provisions of the federal or State labor law shall control.

--------------------------------------------------------------
5. EEOC Offers Businesses Free '10 Reasons To Mediate' Video

The U.S. Equal Employment Opportunity Commission (EEOC) is offering
businesses and employer groups nationwide a free video
titled "10  Reasons to Mediate" as an introduction to its National
Mediation Program.  The theme of the 14-minute
presentation is that, by participating in mediation, employers have
nothing to lose and much to  gain. Testimonials from
employer representatives highlight their initial reluctance to try
the program and subsequent positive experiences.  A
trailer is available at www.eeoc.gov.

The EEOC typically offers an employer and the individual(s) who
filed a complaint the opportunity to mediate a charge of
discrimination as an alternative to a traditional government
investigation.  The confidential mediation process, which is
voluntary, allows the parties to resolve their differences with the
assistance of a neutral, third-party facilitator.  There
is no cost to the parties.  If they are able to reach a settlement,
they do so on their own terms.  If they do not reach a
settlement, an investigation takes place as if the mediation had not
occurred.

A business or employer group may request a copy of the video on
compact disc by sending an e-mail to MediationCD@... or
by calling  (202)663-4823.

---------------------------------------------------------------------
6.  Quotes

"The choice between love and fear is made every moment in our hearts
and minds. That is where the peace process begins."
Paul Ferrini

"To fly, we have to have resistance."
Maya Lin

---------------------------------------------------------------------
7. BooK: Case Dismissed! Taking Your Harassment Prevention Training
to Trial,
ABA Section of State and Local Government Law

Just published by the ABA Section of State and Local Government Law -
-- "Case Dismissed!  Taking Your Harassment Prevention
Training to Trial, Second Edition".

With American business spending between 60 and 100 billion dollars
each year, workforce or employer-sponsored training has
become an industry unto itself. And while training subjects are vast
and varied, training a workforce on employment laws is
becoming a key staple in any organization's training program.

"Case Dismissed!" shows you how to deliver harassment training in
ways that are legally sound,  fun and interactive. From the
design of the training course to the most effective class
size, "Case Dismissed!" takes you through the nuts and bolts of
harassment training and the decisions that need to be made behind
the scenes. This book also includes the latest information
on state training requirements, and this revised edition contains
the California statute regarding training and education
regarding sexual harassment.

Summary of Contents
*Who Wants to be a Millionaire?  The Legal Implications of
Harassment Prevention Training
*Not Another Policy: The Nuts and Bolts of Harassment
Prevention "House Rules"
*One Canoe, No Paddle: Developing Content for Harassment Prevention
Training
*Into the Blender-Hit Puree: Putting it All Together; Design Part 1
*Juggling With Fire: Interactive Delivery Tools; Design Part 2
*No More Sweaty Palms: Tips for Dynamic Delivery
*What Could Go Wrong?  Making Your Training Disaster Proof

Valuable appendices include copies of key decisions, the text of
EEOC Enforcement Guidance, information on state training
requirements, and other helpful charts, checklists, and forms.

Whether you are a Human Resources manager faced with the challenge
of building or auditing a harassment training program, an
employment lawyer who has never done training, or a trainer who
doesn't know the harassment content, this book will help you
get it all together--quickly  and easily.

Price: $69.95 State & Local Government Law Section and/or Tort and
Insurance Practice Section Members/$85.00 Regular Price

For more information or to order "Case Dismissed!  Taking Your
Harassment Prevention Training to Trial, Second Edition," go
to http://www.abanet.org/abapubs/books/5330085 or call toll-free 1-
800-285-2221. Please feel free to call with any questions.
(product code 5330085)

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              July 2005 #66
------------------------------------------------------------------

Contents:

1. Articles
2. How Social Networks Impact Innovation and Workplace Performance
3. Full Ninth Circuit to Consider Legality of an "Appearance" Policy
4. No Discrimination When Pregnancy Undisclosed
5. Systems Thinking and Practices: Mapping Tutorial
6. Quotes
7. Book:  Body-Centered Coaching

------------------------------------------------------------------

1. Articles From Mediate.com

Native American Wisdom: Lessons Learned from Mediation
Joe Epstein
Mediators who merely and meekly trade numbers from room to room no
longer fill the bill for modern mediators. Paradoxically,
ancient Native American traditions and values provide a portal for
modern mediators to satisfy today's demand for a more
meaningful, transformative, complete and satisfying mediation
process. Native American wisdom focuses on healing wounds, and
bringing peace through good feelings, not fear.
http://www.mediate.com/articles/epstein2.cfm

Finding Coherence In Criticism
Barbara Ashley Phillips
What seems now more and more obvious is how much gold there is in
criticism that comes from others - even when it is motivated by a
distorted sense of self-interest. Little else has done as much to
reveal to me how I am being in the moment, and to help me be
clearer, kinder and more effective. I've seen time and again how
when criticism is well-received, it contributes to a coherence in my
relationships. It is as if a weight comes off, that I had not known
was there.
http://www.mediate.com/articles/phillipsB9.cfm

Financial Danger, Workplace Stress, And Organizational Empathy
John Willis
Danger creates stress which, if unresolved, eventually creates
conflict in the workplace. In 1901, mining accidents killed
441 men, which led to a great United Mine Workers strike in 1902
when 140,000 laborers walked off the job. While dangerous
jobs still exist today, few Americans worry about being crushed to
death in their workplace. Like the miners in 1902 crushed
physically without medical care, some workers in 2005 fear being
crushed financially without affordable healthcare.
http://www.mediate.com/articles/willisJ1.cfm

Once Upon A Conflict: The Journey from Confrontation to Collaboration
Gary Harper
In conflict, everyone has a story—or at least their side of the
story. To better understand these stories, try prefacing them
with the words "Once upon a time." Fairy tales feature three main
types of characters: the victim (often represented as a
damsel in distress or an innocent youth); the villain (a witch,
giant or dragon); and the hero (the white knight or young
prince). We encounter these same character types on the front page
of our newspapers, in our favourite television shows and
on movie screens everywhere.
http://www.mediate.com/articles/harperG1.cfm

------------------------------------------------------------------
2. How Social Networks Impact Innovation, Engagement and Workplace
Performance
An interview by Karen Elmhirst of HR.com

Dr. Karen Stephenson is President of Netform, Inc., recognized as
one of the top 100 leading innovation companies by CIO in 2001. She
is internationally recognized for her pioneering work in detecting,
diagnosing and designing human networks to
solve a variety of problems: (1) engineering tipping points in open
markets and communities of practice, (2) remediating
acquired organizational deficiencies within large-scale public and
private organizations and, (3) developing novel techniques
for building trust and collaboration among communities.

She has been featured in the media and press, most notably, The Wall
Street Journal, Forbes, The New Yorker, The Financial Times, The
Guardian, strategy+business, CIO, Fast Company and Wired. She has
taught at several universities including, but not limited to, the
UCLA School of Management, MIT's Sloan Management, Imperial's School
of Management and most recently at Harvard's Graduate School of
Design. She received her Ph.D. in Anthropology at Harvard
University, an M.A. in Anthropology at the University of Utah, and
B.A. in Art & Chemistry at Austin College, TX. You can read about
her work and her company at www.netform.com.

To hear the interview HR.com conducted with Dr. Karen Stephenson,
copy and paste this entire URL into your address field on your
internet browser:
http://www.hr.com/WebinarDescription.aspx?eventID=7E43056C-B0A5-41EE-
80AB-BA04BD61D205

------------------------------------------------------------------
3.Full Ninth Circuit to Consider Legality of an "Appearance" Policy

Employees and job applicants are increasingly filing claims of
discrimination based on their appearance or image. The future
scope of such claims may hinge on the outcome of a case currently
pending in the U.S. Court of Appeals for the Ninth Circuit.

Recently, the Ninth Circuit granted en banc review to a female
bartender who was fired for refusing to wear makeup in compliance
with her employer's grooming policy. Jespersen v. Harrah's Operating
Co., No. 03-15045 (9th Cir.) (rehearing en banc granted May 13,
2005). The Ninth Circuit vacated the December 28, 2004 decision by a
divided three-judge panel. That panel affirmed the district court's
summary judgment decision in favor of the employer and upheld a
dress code that established analogous but different grooming
standards for male and female employees. Jespersen v. Harrah's
Operating Co., 392 F.3d 1076 (9th Cir. 2004). The panel's decision
was its first application of "the `unequal burdens' test to
gender-differentiated dress and grooming requirements."

Darlene Jespersen, the terminated employee, worked for nearly 20
years in a Harrah's Casino sports bar. Jespersen asserted
that she didn't wear makeup because it "took away from her
credibility" and interfered with her ability to be an effective
bartender. In February 2000, Harrah's implemented a "beverage
department image transformation" program to create a "brand
standard of excellence." The "Personal Best" program imposed
specific appearance standards for employees in guest services
positions. The Personal Best program required all beverage servers
of both sexes to be "well groomed, appealing to the eye, be firm and
body toned, and be comfortable with maintaining this look while
wearing the specified uniform." In addition, female beverage servers
were required to wear stockings and nail polish, and were required
to wear their hair "teased, curled, or styled." Male beverage
servers were prohibited from wearing makeup or colored nail polish,
and were required to maintain short haircuts and neatly trimmed
fingernails. In March 2000, Jespersen acknowledged receipt of the
Personal Best policy and committed to adhere to it. But shortly
thereafter, the standards were amended to require female beverage
service employees to wear makeup. The original standard prohibiting
males from wearing makeup remained in effect. Jespersen refused to
comply with the makeup rule and eventually was fired.

Jespersen filed suit in federal district court alleging the makeup
requirement constituted disparate treatment sex discrimination in
violation of Title VII. The district court granted judgment for
Harrah's holding the policy was lawful and Jespersen appealed to the
Ninth Circuit.

The court reviewed the Personal Best program to determine if its
standards were discriminatory by requiring women to, but prohibiting
men from, wearing makeup, and requiring women to wear their
hair "teased, curled, or styled" each day while requiring men to
maintain short haircuts. The court noted that previous decisions had
held that grooming and appearance standards that apply differently
to women and men do not constitute sex discrimination. The court
found that when Congress passed Title VII it intended the law
prohibit discrimination based only on "immutable characteristics"
and did not apply to things that could be changed, such as grooming
and dress standards. However, a sex-differentiated appearance
standard that imposes unequal burdens on men and women is disparate
treatment that must be justified as a bona fide occupational
qualification. The court reasoned that employers may adopt different
appearance standards for each sex so long as they do not impose a
greater burden on one sex than the other.

The court also found that Jespersen failed to show that a makeup
requirement for women imposed a burden in excess of that associated
with normal good-grooming standards. The court saw no evidence in
the record to support Jespersen's contention that women are burdened
by the makeup requirement because cosmetics can cost hundreds of
dollars per year and putting on makeup requires a significant
investment in time. Further, Jespersen was unable to show that the
actual impact of the burdens associated with the makeup requirement
are greater than the burdens Harrah's places on male bartenders.

The full Ninth Circuit will now address whether the panel's first
application of "the `unequal burdens' test to gender-differentiated
dress and grooming requirements" was correct. The full circuit may
also consider whether Jespersen's claim should have been analyzed
under the so-called sex stereotyping theory of Price Waterhouse v.
Hopkins, 490 U.S. 228 (1989), as suggested by the dissent. Price
Waterhouse held that taking an adverse employment action against an
employee because of that employee's failure to conform to commonly-
accepted stereotypes is sex discrimination in violation of Title
VII. If the full Ninth Circuit deems that Harrah's Personal Best
policy placed an unequal burden on Jespersen or constituted
impermissible sex stereotyping regardless of burden, the decision
may have a broad effect on the service industry.

Appearance policy cases have likewise been heating up on the East
coast. Recently, male and female employees of the Borgata
Hotel Casino & Spa in New Jersey challenged the Casino's maintain-
your-weight-or-lose-it policy and random weigh-ins in a lawsuit in
New Jersey state court, two complaints filed with the state civil
rights division, and in a union grievance before the National Labor
Relations Board. The cases raise direct challenges on multiple
theories to whether personal appearance standards of any stripe that
are based on customer preferences can be used by the Casino—which is
known for the appearance of its servers—as part of a corporate
branding campaign.

Source: Winston & Strawn LLP.

------------------------------------------------------------------
4. No Discrimination When Pregnancy Undisclosed

A California appeals court has ruled that a terminated employee's
pregnancy discrimination claim should be dismissed if the employee
cannot prove that the employer knew she was pregnant at the time she
was terminated.

In the case, the employee told co-workers in confidence of her
pregnancy. There was no evidence, however, that her supervisor
knew. Negative comments by the supervisor about childbearing were
insufficient to establish knowledge.

In its ruling, the court said that where the pregnancy is not
apparent and the employee has not disclosed it to her employer,
the employee must present evidence from which it can be reasonably
inferred that the employer knew. Trop v. Sony Pictures
Entertainment, Inc., Cal. App., 2nd Dist., (May 3, 2005) No. B174101

Source: California Chamber of Commerce

--------------------------------------------------------------
5. systems Thinking and Practices: Mapping Tutorial
The Open University
Interesting online tutorials explore tools for mapping systems. Well
worth a look!
http://systems.open.ac.uk/materials/t552/index.htm

---------------------------------------------------------------------
6.  Quotes

"Mutuality in relationships is the shared power to affect and the
shared vulnerablity to be affected by another person."
Zimmerman, Lindberg and Plsek

"A concept that is deeply ingrained in biology is competion. This is
often described as the driving force of evolution...However, there
is as much cooperation in biology as there is competition. Mutualism
and symbiosis, organisms living in a state of mutual
dependency...are an equally universal feature of the biological
realm. Why not argue that cooperation is the great source of
innovation in evolution?"
James Goodwin

---------------------------------------------------------------------
7. BooK: Body-Centered Coaching
Marlena Field

Body-Centered Coachingis a resource that you can use immediately to
enhance your skills in working with people. It is designed as an
adjunct to the work you already do with your clients. This book
contains specific techniques along with various stories based
directly on the experiences of clients. It demonstrates how you can
add simple yet powerful body-centered techniques to your repertoire.
The practice of body-centered coaching can be done in person or over
the telephone. The techniques of body-centered coaching may be used
as a small segment of a session or used in conjunction with a
whole session.

Body-Centered Coaching offers you:

a series of tools to connect you with your body's wisdom
a perspective on being who you are.
the distinction between empowered and disempowered listening and the
resulting impact on both you and your client.
a powerful way to make contact with the storyteller … not the story.
the power and practice of mindfulness.
techniques for connecting more holistically with your clients.
numerous client stories to illustrate how body-centered coaching is
enacted.
techniques for working with coaching issues such as limiting
beliefs, decision making, handling overwhelming emotions,
confusions (con-fusions).
ways to round out a session: helping clients make a stronger
connection with their learning and offering ways to remember the
experience.
the use of visualization, identifying body signals, remembering
resources as powerful ways to move your client forward.
how to use key words and language skills for greater understanding.

About the author:
Marlena is a Certified Professional Co-Active Coach with training in
personal and professional coaching, entrepreneurial skills and
leadership development. Her background has included being a Body-
Centered Hakomi trained therapist, an acupressure practitioner and a
school teacher. Marlena leads coaches through the process of
enhancing their coaching by accessing the wisdom of the body as a
resource for change. Her websites are www.BodyMindSpiritCoaching.com
and www.Co-creativeCoaches.com

http://bodymindspiritcoaching.com/bc-coaching.htm

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

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you will have to copy each of the lines directly into the address
bar of your browser with no spaces between the two sections.


------------------------------------------------------------------
     Conflict Management E-Newsletter
              June 2005 #65
------------------------------------------------------------------

Contents:

1. Articles
2. The Inside Story, Understanding the Power of Feeling
3. Art Exhibit: Getting Emotional
4. How Leaders Listen
5. Transferring a Harasser May Spell Trouble
6. Quotes
7. Book:  Extreme Facilitation: Guiding Groups through Controversy
and Complexity

------------------------------------------------------------------

1. Articles From Mediate.com

Finding Coherence In Criticism
Barbara Ashley Phillips
What seems now more and more obvious is how much gold there is in
criticism that comes from others - even when it is motivated by a
distorted sense of self-interest. Little else has done as much to
reveal to me how I am being in the moment, and to help me be
clearer, kinder and more effective. I've seen time and again how
when criticism is well-received, it contributes to a coherence in my
relationships. It is as if a weight comes off, that I had not known
was there.
http://www.mediate.com/articles/phillipsB9.cfm

Keeping Your Cool: The Power of Persuasion in Mediation
Myer J. Sankary
Can professionals who litigate and mediate employment cases become
more effective helping the parties reach a settlement in
such a highly charged atmosphere? The cultural bias of most
attorneys is the belief that the more adversarial and competitive
they are, the more effective they will be in satisfying their
clients' interests. Social science has found that this
perception is incorrect. Professionals can be more effective
advocates for their clients by skillful application of
cooperation and persuasion.
http://www.mediate.com/articles/sankaryM1.cfm

Flavor of The Month Part II
Sterling Newberry
In my first article in this series I asked whether we facilitators
might be a part of the "flavor of the month" syndrome that
I've heard reported in company after company. Lets continue to
explore this important question.
http://www.mediate.com/articles/redwing12.cfm

------------------------------------------------------------------
2. The Inside Story, Understanding the Power of Feeling
The HeartMath Institute
The e-book normally costs $5.95 and the information, translated into
everyday English, presents the latest research in neuroscience and
emotional physiology.
http://www.heartmath.org/e-broadcast/pdf/Inside-
Story_w_cov_lowrez.pdf

------------------------------------------------------------------
3. Getting Emotional
May 18 - September 5, 2005
Boston Institute Of Contemporary Art
From advanced scientific research to popular culture, our interest
in and understanding of emotion have significantly
increased—it is literally and figuratively on everyone's mind.
Getting Emotional attempts to locate this important cultural
shift in relation to contemporary art, questioning whether artists
can depict humans experiencing emotions without resorting
to sentimentality.
http://www.icaboston.org/Home/Exhibitions/Exhibitions/Current/Getting
Emotional

------------------------------------------------------------------
4. How Leaders Listen
Fast Company interview with Ronald Heifetz

With leaders, the sense of sight -- vision -- is closely linked to
the sense of hearing. People who love their boss often
say, "She's a great listener." What does it mean to be a "great
listener"?

Most leaders die with their mouths open. Leaders must know how to
listen -- and the art of listening is more subtle than most
people think it is. But first, and just as important, leaders must
want to listen. Good listening is fueled by curiosity and
empathy: What's really happening here? Can I put myself in someone
else's shoes? It's hard to be a great listener if you're
not interested in other people.

Think about some of the best-known leaders in the airline business:
Jan Carlzon at SAS (Scandinavian Airlines System) in the
early 1980s, Colin Marshall at British Airways in the early 1990s,
Herb Kelleher at Southwest Airlines today. These
executives are always flying on their own airlines' planes. They're
always talking with customers. They're always encouraging
ticket agents and baggage handlers to be creative about helping
customers to solve problems. They're in "dynamic listening"
mode, asking questions all the time -- and not getting seduced into
trying to provide all of the answers. If you're the boss,
the people around you will invariably sit back and wait for you to
speak. They will create a vacuum of silence, and you will
feel a compelling need to fill it. You need to have a special
discipline not to fill that vacuum.What else does it take to be a
great listener?

Great listeners know how to listen musically as well as
analytically. As president, Jimmy Carter relied on "rational
discourse" to weigh the pros and cons of various initiatives. He
would have people prepare papers, and then he would sift
their views in private. Doing it that way enabled him to listen to
their arguments analytically but not musically. What do I
mean by that? Jimmy Carter did not enjoy being in meetings with
people who were posturing, arguing, haggling. But there's an
enormous amount of information in the haggling, and that information
tells us quite a lot about the values, the history, and
the personal stakes that people bring to an argument. It's difficult
for someone who's lost the last six arguments to say in
a policy paper, "I've lost the last six arguments. If I don't win
the next one, what am I going to tell my people?"

But in a conversation, the tone of voice and the intensity of the
argument give clues to that subtext. Listening musically
enables leaders to get underneath and behind the surface to
ask, "What's the real argument that we're having?" And that's a
critical question to answer -- because, in the absence of an answer
to that question, you get superficial buy-in. People go
along in a pseudo-consensus, or in a deferential way, but without
commitment.

If curiosity is a prerequisite for listening, what's the enemy?
Grandiosity. Leaders need to check their sense of self-importance.
But you shouldn't think that grandiosity arises from bad
intentions. It usually grows out of the normal human need to feel
important. I don't know any human being who doesn't want to
feel important, who doesn't want to matter to other people. And
those of us who have a strong need to be needed -- I happen
to have that need, so I know a lot about it -- spend our lives
solving other people's problems. It makes us feel needed:

"Surely you have a problem that I can solve." But that orientation
creates its own kind of problem. The more we demonstrate
our capacity to take problems off other people's shoulders, the more
authority we gain in their eyes -- until, finally, we
become a senior executive or a CEO. And, by then, the tracks have
been laid so deeply inside our brain that it becomes hard
to stand back, hard to listen, hard to learn from others. Our normal
need to feel important -- "Let me help you" -- has been
transformed into grandiosity: "I have all the answers."

http://fastcompany.com/magazine/25/heifetz.html

--------------------------------------------------------------
5. Transferring a Harasser May Spell Trouble

A recent California appeals court decision suggests that an employer
who transfers a harasser to another facility as a remedy
for sexual harassment runs the risk of substantial punitive damages
should the conduct be repeated.

In an earlier decision, Ralph's Grocery Company (Ralph's) was found
liable for the harassing conduct of one of its managers
at its Escondido, California store, and was ordered to pay a multi-
million dollar judgment. Still on appeal, however, was the
question of how much Ralph's would be required to pay in punitive
damages. The complaining employees wanted to introduce
evidence of the manager's conduct prior to his Escondido assignment.
Ralph's wanted to exclude the evidence because it did
not affect the employees involved in the lawsuit.

The California Fair Employment and Housing Act (FEHA) requires
employers take all reasonable steps necessary to prevent
discrimination and harassment from occurring. An employer is liable
if its agents or supervisors know or should have known of
harassing conduct and fail to take immediate and appropriate
corrective action. The court therefore ruled that evidence of
prior similar misconduct and how Ralph's knew and responded to it
was admissible in considering the extent of punitive
damages. Gober v. Ralph's Grocery Company, Cal.App. 4th Dist. (April
19, 2005) No. D04073.

Source: California Chamber of Commerce

---------------------------------------------------------------------
6.  Quotes

"If you are dealing with fears and insecurities from old head
programs, have compassion for yourself. Just love your
insecurities, fears and resentments. Release and forgive them as
they come up. Judging, beating or repressing insecurities
just gives them power. Then you have a pattern that never gets
resolved. Recognize that your real security is built from your
relationship with your own heart."
Sara Paddison

"To fear love is to fear life, and those who fear life are already
three parts dead."
Bertrand Russell

---------------------------------------------------------------------
7. BooK: Extreme Facilitation: Guiding Groups through Controversy
and Complexity
Suzanne Ghais
Jossey-Bass/Wiley
http://www.josseybass.com/WileyCDA/WileyTitle/productCd-
0787975931.html

Extreme Facilitation: Guiding Groups through Controversy and
Complexity presents a method of group facilitation that uses
more depth, more strategy, and more adaptability than other
approaches to facilitation. It is flexible enough to use in the
widest variety of organizational and public-policy settings. The
method can help groups facing the toughest of circumstances:
conflict, strong emotions, technical complexity, or severe external
pressures.

The central concept is the facilitator as architect of a custom
process. Customization requires a deep understanding of the
group—its needs, goals, external pressures, and culture. The
facilitator must also possess knowledge of a wide range of
possible techniques. Moreover, the extreme facilitator must have a
strong personal presence, and must draw on all of a
group's capacities—physical, emotional, intellectual, intuitive, and
spiritual.

Chapter 1—The Right Stuff: What It Takes to Be an Extreme
Facilitator helps the reader cultivate authenticity, confidence,
presence, trustworthiness, and calm.

Chapter 2—The Facilitator as Architect explains how the facilitator
creatively designs a process to custom-fit the group. It
includes guidelines for increasing creativity, as well as a critique
of the overuse of consensus and a model for determining
what decision-making process makes most sense for a particular group.

Chapter 3—Assessment: The Essential First Step details the all-
important stage of assessment (gaining understanding of the
group), including assessment methods and questions to ask. It also
identifies four key cultural variables and their impact on
process design.

Chapter 4—Convening: Creating a Democratic Table covers the
identification of "stakeholder groups" and individual
participants—a skill central to public-policy facilitation but
surprisingly useful in the workplace too. It tackles the
touchy dilemmas of who gets a seat at the table and the power that
goes with it.

Chapter 5—Contracting: Setting Yourself Up for Success explores the
under-rated task of negotiating with the client group
what kind of success facilitation can promise and what the
facilitator needs from the group in order to deliver that success.
This ranges from the nuts and bolts of budgeting to the group's
willingness to commit energy and resources and perhaps to
suspend their skepticism.

Chapter 6—Process Basics: The Beginner's Guide to Facilitation
covers facilitation basics for the novice reader. These
include basic stages, basic interventions, and basic discussion
formats and activities. While elementary, this model is fluid
enough to allow for the more advanced and creative techniques
explored later in the book.

Chapter 7—The Physical Capacity: The Foundation offers ways to keep
a group at peak energy—from comfortable seating and
lighting to ways of organizing the agenda to maintain an energizing
sense of progress and momentum.

Chapter 8—The Emotional Capacity: Welcoming and Working with
Feelings helps the reader see emotions as friends, not
enemies—yet also enables careful calibration of emotional
expressiveness to suit the group culture. Well-known skills for
defusing emotions and conveying empathy are covered, as are more
advanced skills such as how to foster people's ability to
empathize with their enemies.

Chapter 9—The Intellectual Capacity: Facilitating Complex Issues
goes into depth on ways to make order of complexity and work
through difficult technical issues. It includes important guidance
on defining issues (the first key to resolving them), and
also examines the limits of factual data and analysis in resolving
value-laden issues.

Chapter 10—The Intuitive Capacity: Sparking Insights and Ideas
invites readers to explore the mysterious yet universal
capacity for intuition and how it can aid facilitation by fostering
understanding and insight and yielding creative new
solutions and inspiring visions for the future. Included are general
conditions and specific activities that help draw out
intuitive abilities.

Chapter 11—The Spiritual Capacity: Helping Groups Transcend Their
Limitations helps facilitators invisibly create conditions
that help bring out the best in human nature—the side of humanity
that can overcome the deepest resentment and hatred. Ways
to promote gratitude, love, hope, truthfulness, and community are
offered.

Each of the preceding five chapters includes advice for facilitators
to build these capacities in themselves so that they can
best help groups do the same.

Chapter 12—Putting It All Together ties the preceding chapters
together in two ways. First is a section on how to draw on all
the other ideas in the book in designing a custom process. Second is
a section on how to handle some of the specific challenges
facilitators fear, from disruptive individuals to hidden agendas to
clashing cultures.

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
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To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              May 2005 #64
------------------------------------------------------------------

Contents:

1. Articles
2. EEOC Annual Report For Federal Agencies FY 2004
3. Defining Adverse Employment Action
4. Rewards Best Way to Motivate Top-Performing Employees
5. Video Interview With Jennifer Lynch on System Design
6. Quotes
7. Book:  Grievance Mediation: Why and How it Works

------------------------------------------------------------------

1. Articles From Mediate.com

Well, Bully for You!
Tony Belak
Clinical psychologists who specialize in workplace trauma are
writing that real or perceived abuse of employees is costing
billions of dollars, and this type of trauma is emerging as a more
crippling and devastating problem than all the other work-related
stresses put together. It has been estimated that as many as 20
million Americans face workplace abuse as a daily occurrence. With
all the laws, policies, and regulations set in place to protect
American workers one may ask how this can be.
http://www.mediate.com/articles/belak5.cfm

Resistance
Douglas Noll
Recently, I have been thinking about the relationship between
conflict, peace, and resistance. Resistance describes some force
that opposes movement in a given direction. Sometimes, we view
resistance as good and sometimes as bad.
http://www.mediate.com/articles/noll19.cfm


Sidestepping Impasse: The Essence Of Mediation
Norman R. Page
Impasse--also referred to as stalemate, deadlock, or getting stuck--
occurs for a variety of reasons, but primarily it occurs when the
parties are unwilling or unable to identify options and make
concessions to each other. This article will review nine precursors
of impasse and offer advice to mediators on how to deal with each.
http://www.mediate.com/articles/pageN1.cfm

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2. EEOC Annual Report For Federal Agencies FY 2004

The Equal Employment Opportunity Commission recently released its
annual report, providing agency-by-agency profiles of discrimination
complaint processing and other equal opportunity measures.

"This year's Annual Report on the Federal Work Force contains a
wealth of data presented in a user-friendly format that allows for
comparison of agencies' EEO performances and pinpoints areas for
improvement. The report should help agencies with their diversity in
non-discrimination efforts," said Cari Dominguez, EEOC chairperson.

According to the report, more than 19,000 discrimination complaints
were filed against federal agencies in FY 2004 and agencies averaged
approximately 300 days in investigating complaints.

"Despite some agencies' better efforts to process discrimination
complaints, they are constrained by a system that is costly,
cumbersome and inefficient. The volume of complaints filed is still
too high, and the time it takes to investigate complaints is still
too long. We at the EEOC are assisting agencies through aggressive
outreach, training, and technical assistance to improve the
process," said Dominguez.

The report also stated:

* Men comprised 57.1 percent of the federal workforce while women
comprised the remaining 42.9 percent, a ratio which has changed only
slightly in the last 10 years.
* Hispanics represented 7.5 percent of federal employees, 18.2
percent were Black, 5.8 percent were Asian Americans/Pacific
Islanders, 1.7 percent were American Indians/Alaskan Natives and
66.9 percent were White.
* Between FY 2003 and FY 2004, there was little change in the
participation rates of Hispanics and White women within the federal
work force. These groups remain below their availability in the
national civilian labor force as reported in the 2000 census.
* The number of employees with targeted disabilities has been
steadily declining in the past 10 years from 31,359 in FY 1995 to
25,917 in FY 2004. In FY 2004, individuals with targeted
disabilities were 0.99 percent of the total work force.
* Women have made the most gains in securing senior level positions
in the federal government, occupying 25.7 percent of those positions
in FY 2004-up from 18.5 percent in FY 1995.
* The average grade level for General Schedule federal employees
(permanent and temporary) was 9.9. Hispanics (9.2), Blacks (8.9) and
American Indians/Alaskan Natives (8.3) all had average grade levels
lower than the government-wide average.
* The average General Schedule grade for women was 9.1, nearly two
grades below the average grade level for men (10.7).
* The average General Schedule grade level for people with targeted
disabilities was 8.4, nearly two grades below the government-wide
average (for permanent and temporary employees) of 9.9.

The full report may be accessed at
http://www.eeoc.gov/press/4-22-05.html

------------------------------------------------------------------
3. Expanded Age Discrimination Protection

In a major development in federal age discrimination law, the U.S.
Supreme Court has ruled that the federal Age Discrimination in
Employment Act (ADEA) prohibits age discrimination in a manner
comparable to prohibitions against sex and race discrimination. The
decision brings federal law into alignment with current California
law, which established this principle in 2000.

In the case, the city of Jackson, Mississippi raised the pay of its
police officers, giving officers with less than five years of
service proportionately larger raises than officers with more
seniority. The more senior officers tended to be 40 years of age and
older, the age ADEA protection begins. The older officers sued the
city, claiming they were adversely affected by the plan because of
their age. The lower courts rejected their claims, holding that
unlike suits brought under Title VII of the Civil Rights Act of
1964, the ADEA did not permit disparate impact claims.

In a disparate impact case, the claimant need only show that an
employer's apparently neutral policy has a disproportionate adverse
effect on a protected class of employees. This contrasts with a
disparate treatment case, where the claimant shows that he or she
was treated differently from others based upon a protected class.

The Supreme Court found that the language of the ADEA, like that of
Title VII, creates a broad prohibition of discrimination based on a
protected characteristic. Thus disparate impact claims are now
available under the ADEA and are to be treated the same as those
brought under Title VII.

In this case, the U.S. Supreme Court rejected the age discrimination
claim. It said the claimants failed to identify any specific test,
requirement, or practice within the plan that adversely impacted
older workers, other than showing that the plan was less generous to
them. Further, the Court found that the city's stated reasons for
the pay plan were reasonably based on some factor other than age.
Smith v. City of Jackson, Mississippi, 2005 U.S. LEXIS 2931(March
30, 2005); California Government Code Section 12941.

Source: California Chamber of Commerce

------------------------------------------------------------------
4. SHRM Survey Finds Rewards Best Way to Motivate Top-Performing
Employees

(Alexandria, Va., April 12, 2005)—Almost half of human resource (HR)
professionals say that monetary rewards programs are very effective
at motivating top-performing employees, according to the 2005
Rewards Programs and Incentive Compensation Survey released today by
the Society for Human Resource Management (SHRM).

The survey found that employees' eligibility for rewards programs
are based on long-term and short-term goals.  Managers and above are
most likely rewarded for reaching long-term goals, which could
include incentive compensation, year-end bonus, and profit sharing.
Non-managerial employees are more likely to be eligible for new hire
referral bonuses and spot bonuses, which are usually associated with
short-term goals.

"Reward and incentive programs are popular because employees are
able to share in organizational success," said Susan R. Meisinger,
SPHR, president and CEO of SHRM.  "If used effectively, they can be
a good way to retain outstanding employees."

HR professionals surveyed said that both non-monetary and monetary
awards programs are very effective at improving employee morale.
However, HR professionals said that neither was effective at
motivating under-performing employees to improve.

The survey also found that rewards programs should be reviewed
occasionally to accurately reflect an organization's change in
strategic direction.  Forty-four percent of HR professionals said
rewards programs are reviewed once a year.

Source: Society for Human Resource Management

--------------------------------------------------------------
5. Video Interview With Jennifer Lynch

Ms. Lynch leads PDG Group, a consulting firm that provides change
management advice to leadership (management and labour) in public
and private organizations. In September 2004 I interviewed her about
organizational conflict management and system design.

File details:
   Play Length: 52 minutes
   Format: Windows Media
   File size : 100mb (best results with broadband)

http://www.mediate.com/interviews/jenniferlynch.wmv

---------------------------------------------------------------------
6.  Quotes

"I for one believe that if you give people a thorough understanding
of what confronts them and the basic causes that produce it, they'll
create their own program, and when the people create a program, you
get action."
Malcolm X

"Nonviolence which is a quality of the heart, cannot come by an
appeal to the brain."
Mahatma Gandhi

"We have met the enemy, and he is us."
Walt Kelly

"Peace is the skillful management of conflict."
Kenneth Boulding

---------------------------------------------------------------------
7. Book: Grievance Mediation: Why and How it Works
By Goss, J. H., Elliot, D. C.

The authors show how mediation can be used voluntarily even under
labour relations legislation which typically prescribes a three-step
grievance procedure terminated by arbitration.
Publisher: Aurora, ON: Canada Law Book

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              April 2005 #63
------------------------------------------------------------------

Contents:

1. Articles
2. Survey On Facial Expressions
3. Defining Adverse Employment Action
4. EEOC: Public Can Call Toll Free Around-the-Clock
5. The Stanford Forgiveness Project
6. Quotes
7. New Book: The Conflict Resolution Toolbox

------------------------------------------------------------------

1. Articles From Mediate.com

Difficult Conversations
Trime Persinger
Sometimes we want to initiate a difficult conversation with someone
we care about--a friend, partner, or family member. We want the
other person to know our thoughts regarding an issue we feel
strongly about, but we're concerned that bringing up the subject
will precipitate a conflict between us. For example, we want to tell
him that his words or actions have been hurtful to us; or we see in
him a pattern of self-destructive behavior that concerns us; or we
want to express an opinion that is contrary to his.
http://www.mediate.com/articles/persingerT7.cfm

Attribution Theory & De-Escalation: Transforming Concrete into
Abstract as a Method of Conflict Management
Kenneth B. Gorton
Abstract thought can be defined as our ability for rational problem-
solving that allows us to see things from multiple perspectives. I
believe that conflict de-escalation techniques during the mediation
process can help parties re-engage their abstract problem-solving
abilities, and ultimately embrace positive solution-oriented ways of
thinking. I further posit that conflict de-escalation is the key to
creating an environment where negative attributions can then be
shifted—through the use of several techniques—allowing each party to
adopt a new frame of reference from which they can more effectively
view their own behaviors and the behaviors of each other.

Dealing With Nonverbal Cues: A Key To Mediator Effectiveness
Amy Starr and Norman Page
Nine aspects of nonverbal behavior are isolated and linked to the
mediator's sphere of influence. The practitioner is encouraged to
incorporate elements of the ideal into the mediation setting. The
key principle is that nonverbal communication consists of a mosaic
of messages and the mediator is advised to avoid the fallacy of
drawing an inference from an isolated nonverbal cue.
http://www.mediate.com/articles/starrpage1.cfm

------------------------------------------------------------------
2. Survey On Facial Expressions
National Geographic, the University of California at San Francisco,
San Francisco State University, and Clemson University

Face it! The emotions expressed on your face can speak volumes.
Facial expressions clue you into whether others are feeling happy,
sad, disgusted, or scared. They can also tell you if someone is
angry, another important emotion to recognize because it often leads
to trouble.
In Survey 2005 you will answer questions about the emotions you see
in 12 different facial expressions. Your confidential participation
in this groundbreaking survey could contribute to knowledge that
will improve emotional communication worldwide. As an added
incentive, if you complete the survey, you can compare your answers
with those provided by one of an elite group of experienced police
officers asked to participate in this study. If you go onto our
bonus round, you'll also have the chance to compare your answers
with an actor who's been known to make a face or two: John Cleese of
Monty Python fame.

Return in the spring of 2006 to read the results!

http://www.nationalgeographic.com/magazine/0503

------------------------------------------------------------------
3. Defining Adverse Employment Action

An employer may not take an adverse employment action because an
employee opposed or complained of unlawful employment practices, or
testified or assisted with enforcement of discrimination law. In a
recent case, a California appeals court discussed the term "adverse
employment action," which has no definition in the law.

Dr. McRae, a physician at a state prison in Vacaville, filed a race
discrimination complaint with the Department of Fair Employment and
Housing (DFEH) after another person got a job she sought at Solano
Prison. She later alleged that filing this complaint triggered
retaliatory actions by Vacaville prison management. The actions
included a letter of instruction, a disciplinary suspension and
finally an inter-facility transfer.

California courts recognize that just because an employee is unhappy
about an employer's action (or omission), that alone does not make
it an adverse employment action. "Adverse employment action" must be
one that causes substantial and tangible harm, such as a change in
compensation or position. Courts must balance the chilling effect of
retaliatory acts on employee rights with employer freedom to
discipline an employee who engages in misconduct after making a
complaint.

Under this definition, the prison's letter of instruction was not an
adverse employment action, because it did not result in loss of pay,
status or job responsibilities. It was not a performance evaluation
with impact on the terms and conditions of employment. Even an
unwarranted negative performance evaluation cannot alone trigger an
FEHA claim because that would discourage employers from dealing with
misconduct or the need to improve performance.

The disciplinary suspension was not retaliatory because the prison
never implemented it and McRae was unaware of the decision to
suspend her until after she filed her retaliation claim. The
decision to suspend is not itself an adverse employment action
without implementation.

A transfer might be an adverse employment action, unless made to a
comparable position resulting in no substantial and tangible harm.
McRae failed to show that the transfer in fact presented a less
desirable work environment and that the change was more than merely
unpleasant.

McRae v. Department Of Corrections, Cal. App. 1st Dist, (March 8,
2005) Nos. A098073, A100745, A104701, A098330, A098910.

Source: California Chamber of Commerce

------------------------------------------------------------------
4. EEOC: Public Can Call Toll Free Around-the-Clock

LAWRENCE, Kan. - Cari M. Dominguez, Chair of the U.S. Equal
Employment Opportunity Commission (EEOC), today launched the
agency's National Contact Center (NCC) pilot to enhance customer
service in responding to the one million calls the agency receives
each year.

"The National Contact Center will help the EEOC serve the public
better, faster and more efficiently," said Chair Dominguez at a kick-
off event at the NCC complex in Lawrence, Kan. "By fielding requests
and queries, the center will free mediators to mediate,
investigators to investigate and litigators to litigate."

The public can reach the NCC toll free at 800-669-4000. The TTY
number for individuals with hearing and speech impairments is 800-
669-6820. The NCC will provide immediate access to customer service
representatives in 150 languages between 8 a.m. and 8 p.m. Eastern
Time. An automated system with answers to frequently asked questions
will be accessible on a 24-hour basis, seven days a week.

Calls will be monitored for quality assurance and to track
demographics, issues and concerns that will help shape the center's
operations and future EEOC policy. Initially, the NCC will operate
on an 18-month pilot basis. At the end of the pilot, a comprehensive
independent analysis will determine whether the NCC should continue.

www.eeoc.gov

--------------------------------------------------------------
5. The Stanford Forgiveness Project

Through our work we have developed a unique and practical definition
of forgiveness. Our definition of forgiveness holds that forgiveness
consists primarily of taking less personal offense, reducing anger
and the blaming of the offender, and developing increased
understanding of situations that often lead to feeling hurt and
angry. This study will train participants in new ways to both think
and feel about interpersonal hurts. Forgiveness can be thought of as
a transforming experience that fosters more positive emotions and
less negative thoughts about others as well as oneself

If successful, this study could have important implications for
healthcare and education. Forgiveness could be offered as part of
primary as well as acute and chronic care health programs.
Forgiveness holds great promise as one approach to conflict
resolution and violence cessation. Programs in home and work
settings could be developed and made age specific. The Stanford
Forgiveness Project is supported by a grant from the John Templeton
Foundation.

http://www.stanford.edu/~alexsox/forgiveness.htm

---------------------------------------------------------------------
6.  Quotes

"Everything that irritates us about others can lead us to an
understanding of ourselves."
Carl Jung


"Why is that we judge others by their behavior and ourselves by our
good intentions?"
Edward Robert Bulwer-Lytton

---------------------------------------------------------------------
7. New BooK: The Conflict Resolution Toolbox
Gary Furlong

In real-life conflict resolution situations, one size does not fit
all. Just as a mechanic does not fix every car with the same tool,
the conflict resolution practitioner cannot hope to resolve every
dispute using the same technique.

Practitioners need to be comfortable with a wide variety of tools to
diagnose different problems, in vastly different circumstances, with
different people, and resolve these conflicts effectively. The
Conflict Resolution Toolbox gives you all the tools you need: eight
different models for dealing with the many conflict situations you
encounter in your practice.

This book bridges the gap between theory and practice and goes
beyond just one single model to present a complete toolbox - a range
of models that can be used to analyze, diagnose, and resolve
conflict in any situation. It shows mediators, negotiators,
managers, and anyone needing to resolve conflict how to simply and
effectively understand and assess the situations of conflict they
face. And it goes a step further, offering specific, practical
guidance on how to intervene to resolve the conflict successfully.

Each model provides a different and potentially useful angle on the
problem, and includes worksheets and a step-by-step process to guide
the reader in applying the tools.

*Offers eight models to help you understand the root causes of any
conflict.
*Explains each model's focus, what kind of situations it can be
useful in and, most importantly, what interventions are likely to
help.
*Provides you with clear direction on what specific actions to
choose to resolve a particular type of conflict effectively.
*Features a detailed case study throughout the book, to which each
model is applied.

Additional examples and case studies unique to each chapter give the
reader a further chance to see the models in action.
Includes practical tools and worksheets that you can use in working
with these models in your practice.

The Conflict Resolution Toolbox equips any practitioner to resolve a
wide range of conflicts. Mediators, negotiators, lawyers, managers
and supervisors, insurance adjusters, social workers, human resource
and labour relations specialists, and others will have all the tools
they need for successful conflict resolution.

www.josseybass.com/WileyCDA/WileyTitle/productCd-0470835176.html

--------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

--------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
conflictmanagement-subscribe@yahoogroups.com
conflictmanagement-unsubscribe@yahoogroups.com
To review previous newsletters on the web:
http://groups.yahoo.com/group/conflictmanagement/messages

--------------------------------------------------------------------

------------------------------------------------------------------
     Conflict Management E-Newsletter
              March 2005 #62
------------------------------------------------------------------

Contents:

1. Articles
2. EEOC Releases Fiscal Year End Data for 2004
3. Four Principles of Peace
4. Ombuds Resources
5. Stages of Intercultural Sensitivity
6. Quotes
7. New Book: Wrestling Rhinos: Conquering Conflict in the Wilds of
Work

------------------------------------------------------------------

1. Articles

Fire As A Metaphor For Conflict
John Ford
Having the skill and knowledge (ability) to deal with conflict
productively goes a long way toward conflict management competency.
But what about our attitude toward conflict? Does it matter that we
view conflict as an unwelcome intruder in our lives? Something that
is best avoided? And when it does intrude and we can't avoid, that
fight is the best form of defense?
http://www.mediate.com/articles/ford13.cfm

Flavor Of The Month: Are We Facilitators Guilty?
Sterling Newberry
When I was an in house facilitator at a major corporation, I often
ran into skepticism about new initiatives, especially those that
involved a change in "how we do things around here". The closer to
the line I got the more likely I was to hear skepticism about
the "flavor of the month". What people expressed was the belief that
no matter how positive a particular initiative seemed at first, that
within six months we would be back to doing things the "old way".
Sometimes folks were willing to give it another try, sometimes not.
I've heard the same thing from people in many other companies, so I
don't think it was unique to us.
http://www.mediate.com/articles/redwing11.cfm

------------------------------------------------------------------
2. EEOC Releases Fiscal Year End Data for 2004

Highlights Include Record Monetary Relief, Expanded Mediation and
Outreach

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC)
today released its fiscal year 2004 enforcement statistics showing
that the agency recovered a record $420 million in relief last year
for thousands of people filing charges of employment discrimination,
while also expanding its mediation program and efforts to
proactively prevent discrimination through outreach, education, and
technical assistance.

"Thanks to the dedicated efforts of our hardworking employees, we
continue to make progress in fulfilling our mission of eradicating
employment discrimination," said EEOC Chair Cari M.
Dominguez. "Nevertheless, as our latest enforcement data show, much
work remains to attain the promise of equal employment opportunity
for all."

Data on charge filings with EEOC and agency litigation for FY 2004
and prior years including resolutions by type and monetary benefits
are available on the agency's web site at www.eeoc.gov. Highlights
of the last fiscal year, covering October 2003 through September
2004, include:

***Outreach - EEOC conducted 5,340 headquarters and field office
educational, training and outreach events (a record), reaching more
than 350,000 people, and there were 651 no-cost outreach events
directed toward small businesses. In addition to agency-enforced
laws, national outreach focused on the Freedom to Compete campaign,
New Freedom Initiative workshops for small employers, and the launch
of the Youth@Work Initiative. The number of visitors to EEOC's
public web site in FY 2004 was more than four million (on average,
350,000 visitors per month).

***Charge Filings - EEOC received 79,432 charges of discrimination
against private sector employers and state/local government
entities. Race, sex and retaliation were the most frequently alleged
bases of discrimination. The data show that most types of
discrimination held steady as a percentage of EEOC's total caseload.
The average charge processing time was 165 days and the pending
inventory of charges was 29,966. EEOC resolved 85,259 charges, of
which 19.5% were merit resolutions (with favorable outcomes for the
charging party).

***Mediation - EEOC achieved a record 8,086 successful resolutions
through the agency's voluntary National Mediation Program resulting
in $112 million in monetary benefits in addition to non-monetary
benefits, such as changes in employer policies and reasonable
accommodations for employees. The average resolution time for a
charge in mediation was 82 days. EEOC also continued to expand the
number of Universal Agreements to Mediate (UAMs) with employers at
the national, regional and local levels (including several Fortune
500 companies). During FY 2004, EEOC entered into 637 local UAMs at
the district office level, while the number of national UAMs with
large employers grew to more than 70.

***Litigation - EEOC filed 378 merits lawsuits (direct suits,
interventions and conciliation enforcement actions), including 143
cases involving multiple aggrieved parties or victims of
discriminatory policies. The agency resolved 347 merits suits,
including 33 cases involving multiple aggrieved parties or victims
of discriminatory policies. In addition to monetary benefits, the
agency obtained significant injunctive relief including training,
policy changes, posting on notices, and other measures.

***Monetary Relief - EEOC recovered more than $251 million through
pre-litigation resolutions (conciliation, mediation and other
administrative settlements), and $168 million through agency
lawsuits filed in federal district court for a combined total of
$420 million, the most monetary benefits ever obtained by EEOC in a
single year.

***Model Workplace - EEOC made strides in its effort to become a
model workplace and achieve organizational excellence. Last year,
comprehensive training was provided to about two-thirds of agency
managers through EEOC's Management Development Institute, which
brings together managers and supervisors to hone their leadership
skills. FY 2004 was also the first full year of the agency's
successful RESOLVE program a one-stop, informal program for
settling all types of internal workplace disputes in an average time
of 72 days with a high level of participant satisfaction.

The Commission's work and accomplishments, as highlighted above,
follow the Chair's Five-Point Plan, aimed at enhancing the agency's
operational efficiency and effectiveness while improving customer
service. The elements of the Five-Point Plan are: 1) Proactive
Prevention; 2) Proficient Resolution; 3) Expanded Mediation; 4)
Strategic Enforcement and Litigation; and 5) EEOC as a Model
Workplace.

Source: www.eeoc.gov

------------------------------------------------------------------
3. Four Principles of Peace

Louise Diamond,CEO of The Peace Company writes that the Four
Principles of Peace can be understood as:

1.       Community – the understanding that we are profoundly
interconnected and interdependent; that my well-being depends on
yours; that the quality and mutuality of our relationships is what
matters; we are all in this together.

2.       Nonviolence – the understanding that love, respect,
appreciation of differences, empathy, compassion, and nonviolence
naturally arise from the first principle (our oneness), and that
living with the open heart – able to apologize, forgive, reconcile,
heal, and understand one another – is necessary for life to thrive
in this world we share.

3.      Witness – the understanding that peace is a seed that
resides deep within, awaiting our intention and attention; that
peace grows (and glows) from the inside out; that we are
living witnesses of that peace when we choose to connect with our
deepest source of values and purpose, and live and move from that
infinite presence.

4.      Cooperation – the understanding that we co-create the world
we share; that power 'over' is always separative, ending in
injustice, oppression, violence, and despair, while
power `for' and power `with' and power `to' are the natural
expressions of our unlimited creative ability to work together to
insure a world that works for all.

Source: http://thepeacecompany.com

------------------------------------------------------------------
4. Ombuds Resources

Note: Some email programs will wrap these addresses to a second line
and you will not be able to access the material directly. A work
around, is to copy each of the lines directly into the address
bar of your browser with no spaces between the two sections.


ABA Standards for the Establishment and Operation of Ombuds Offices
Revised February 2004
http://www.abanet.org/adminlaw/ombuds/115.pdf

ABA Program Materials (2002)
Evolution of Ombudsmen Worldwide
Co-Sponsored by the Section of Dispute Resolution and
the Division of Government and Public Sector Lawyers
http://www.abanet.org/adminlaw/fall02/ombuds.html

Essential Characteristics of a Classical Ombudsman
by Dean M. Gottehrer and Michael Hostina
http://www.usombudsman.org/References/essentialcharacteristicsclassic
alombudsman.htm

Long-Term Care Ombudsman Program
Administration on Aging
US Department of Health and Human Services
http://www.aoa.gov/prof/aoaprog/elder_rights/LTCombudsman/fact_sheet_
LTC_Ombudsmen.pdf

How to Effectively Design an Organizational Ombuds Department
by John S. Barkat, Ph.D.
http://www.abanet.org/adminlaw/ombuds/blue-3-26-pm2.pdf

The Corporate Ombudsman: An Overview and Analysis
by Mary P. Rowe
http://web.mit.edu/ombud/documents/corp.pdf

A Discussion of The Effectiveness of Organizational Ombudsmen
by Mary Rowe and Mary Simon, 2001
http://web.mit.edu/ombud/documents/effectiveness_final.pdf

Federal Workplace Ombudsman
by Leah Meltzer
http://www.abanet.org/adminlaw/ombuds/federal.pdf

The Ombudsman Association (TOA)
http://www.ombuds-toa.org/

University and College Ombuds Association (UCOA)
http://www.ucoa.org/

United States Ombudsman Association
http://www.usombudsman.org/

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5. Stages of Intercultural Sensitivity

During the 1960's and 1970's, it may have been acceptable to say: "I
treat everyone the same." This was considered a fair and liberal way
of treating others. However, this stance has certain limitations; it
assumes that sameness equals fairness, an assumption that only
holds true if the values and norms of people involved in an
interaction are similar. An outline of the process individuals go
through to move beyond this assumption of similarity
is provided in the work of Milton Bennett, who authored the
Developmental Model of Intercultural Sensitivity. According to his
model, such a statement places the speaker in an early stage of
intercultural sensitivity (Bennett, 1993).

Stages of Intercultural Sensitivity

1. Denial: Does not recognize cultural differences
2. Defense: Recognizes some differences, but sees them as negative
3. Minimization: Unaware of projection of own cultural values; sees
own values as superior
4. Acceptance: Shifts perspectives to understand that the
same "ordinary" behavior can have different meanings in different
cultures
5. Adaptation: Can evaluate other's behavior from their frame of
reference and can adapt behavior to fit the norms of a different
culture
6. Integration: Can shift frame of reference and also deal with
resulting identity issues

Source:
http://www.awesomelibrary.org/multiculturaltoolkit-stages.html

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6.  Quotes

"Seek to become more aware of what causes anger and separation, and
what overcomes them. Root out the violence in your life, and learn
to live compassionately and mindfully. Seek peace. When you have
peace within, real peace with others will be possible."
Thich Nhat Hanh

"Anger ventilated often hurries toward forgiveness, anger concealed
often hardens into revenge."
Edward Robert Bulwer-Lytton

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7. New Book: Wrestling Rhinos: Conquering Conflict in the Wilds of
Work

Rhoberta Shaler, PhD, has recently published a book on conflict
in the workplace, "Wrestling Rhinos: Conquering Conflict in the
Wilds of Work", which is receiving rave reviews both from business
leaders and participants in related workshops & seminars.

"This book is needed in every business library. Rhoberta Shaler has
distilled for you a wealth of specific recommendations to take the
anxiety and intimidation out of your workdays. Conflict will always
exist but those who can manage it well become masters of it, not
victims. " - Jim Cathcart,
Author of `Relationship Selling'& `The Acorn Principle™

"Rhoberta has done a masterful job of identifying the core issues
that impact productivity, and applying a framework for positive
change. Her creativity knows no bounds, and can have an immediate
impact on your success!" - Mark LeBlanc, Owner. Small Business
Success

"Please accept my thanks for all of the excellent information
delivered during Rhoberta's [Wrestling Rhinos] seminar. The
information was right on the money, and the format allowed for
plenty of room to discuss and discover common ground. I walked out
of the seminar right into a community meeting, with a group that has
been tough to deal with. However, this time I was able to defuse
some disagreements before they flared up, and help to keep the
meeting on topic and on solution. My thanks to Rhoberta for ensuring
that I had skills that were immediately applicable to my situation.
I feel like I have a few new tools to work with." - Annette O'Shea,
Chaos Navigator, WISE Consulting

You can read more about the book at www.wrestlingrhinos.net

---------------------------------------------------------------------
8. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

---------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
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------------------------------------------------------------------
     Conflict Management E-Newsletter
              February 2005 #61
------------------------------------------------------------------

Contents:

1. Articles
2. Motivation: Buckingham's Five Questions
3. The  First NeoNewtonian Law of Listening
4. The World's Most Enduring Institutions
5. Six Seconds EQ
6. Quotes
7. NetForm
8. New Book: Listen Up

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1. Articles

A Coach Approach For Conflict Management Training
Cinnie Noble
It is an understatement to say that generic conflict management
training is really not enough. That is, it is not realistic
to operate on the basis that one to three days of training in
conflict management, fully equips people to effectively manage
conflict, between themselves and others, or as a
facilitator/mediator. It is a great start. However, it has become
increasingly clear to this trainer, that other modalities such as
pre and/or post-training coaching on conflict management, a
staged approach to training and other methods help facilitate,
optimize and sustain learning.
http://www.mediate.com/articles/noble7.cfm

A Dialogue with Sharon Salzberg about Spirituality, Conflict and the
Power of Mediation
Linda Lazarus
Sharon Salzberg is a cofounder of the Barre Center for Buddhist
Studies and the Insight Meditation Society. Ms. Salzberg
leads meditation retreats throughout the United States and abroad,
and has written "Lovingkindness: The Revolutionary Art of
Happiness," "A Heart As Wide As the World: Stories on the Path of
Lovingkindness," and "Faith: Trusting Your Own Deepest
Experience." On December 30, 2004, Ms. Salzberg spoke with Linda
Lazarus, the Spirituality Editor of Mediate.Com, about
spirituality, conflict and the healing power of mediation.
http://www.mediate.com/articles/lazarusL3.cfm

Researchers Define Who We Are When We Work Together and Evolutionary
Origins of the "Wait and See" Approach
Whether it is barn-raising or crafting a business plan, humans are
among the few creatures that are able to work well
cooperatively. According to an evolutionary psychologist at the
University of Pennsylvania, our success at cooperation
results from three distinct personality types.
http://www.medicalnewstoday.com/?newsid=19115

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2. Motivation: Buckingham's Five Questions
By Kare Anderson

"No one is inspired by the negative," wrote explorer Robert Swan,
the first person to walk to both the North Pole and the South Pole.
Speaking of focusing on the positive, Marcus Buckingham
writes on optimizing business performance by hiring and managing
people through their strengths rather than attempting to correct
their weaknesses. His newest book, "The One Thing You Need to Know",
provides advice I found myself adapting to strengthening personal
relationships. For example, Buckingham actually offers three main
things "managers must know" that I think any well-intentioned friend
or family member could also benefit from understanding:

1. A worker's strengths and weaknesses. Buckingham suggests
investing most of the time in the person's strengths. In personal
relationships, that could mean less nagging or "constructive"
repeated criticism.

2. The triggers that will motivate someone. We all have different
ones, such as personal warmth, public praise, step-by-step approval,
or completely hands-off supervision.

3. The person's learning style. For example, Buckingham points out
that analyzers break everything down into fine detail. A mistake,
for them, is torture and far from a learning experience.

Here's Buckingham's five-question tool to help you recognize these
three critical things in people you manage:

1. What was your best day at work in the last three months?

2. What was the worst?

3. What was the best manager (or colleague or friend, etc.)
relationship you ever had?

4. What was the best recognition you ever had?

5. When in your career did you learn the most?

Source: http://www.sayitbetter.com
Say It Better Ezine, February 2005

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3. The  first NeoNewtonian Law of Listening:

"The morale in an organization is directly proportional to the
square of the number of appreciative listeners."

Source: Contribution to CTI Listserv

------------------------------------------------------------------
4. The World's Most Enduring Institutions
By Booz Allen Hamilton

Why is it that some institutions endure for decades or even for
centuries while others disappear into history? Booz Allen
Hamilton has sponsored a novel project identifying ten of the
world's most Enduring Institutions over the past century. The
list celebrates those institutions that have managed to reinvent
themselves time and again — and remained market leaders — as
the unique circumstances of their founding have given way to
changing conditions.

To implement the project, which was undertaken on the occasion of
its 90th anniversary, Booz Allen asked distinguished
scholars from respected universities across the United States to
identify Enduring Institutions from an unrestricted field of
worldwide public and private organizations. Their mandate was to
create a definitive list of two in each of five categories
based on seven specific criteria. While vastly diverse in origin,
mission and size, the finalists share a common trait of
having stood the test of time over decades, even centuries.
Explained Dr. Ralph W. Shrader, Chairman and Chief Executive
Officer of Booz Allen Hamilton, "An Enduring Institution is one that
has changed and grown in unswerving pursuit of success
and relevance — yet remained true through time to its founding
principles."

The ten institutions chosen within each category are:

Academic Institutions — Dartmouth College; Oxford University
Arts and Entertainment — The Modern Olympic Games; the Rolling Stones
Business and Commerce — General Electric; Sony
Government Institutions — American Constitution; International
Telecommunication Union
Nonprofit Organizations — The Salvation Army; the Rockefeller
Foundation

Each institution is recognized for its unique abilities to meet or
exceed seven specific criteria for an Enduring Institution:

Innovative capabilities — The capacity to create and modify
strategies based on market opportunities and threats.

Governance and leadership — A leadership structure and senior
management team that promote an organization-wide commitment to
enterprise resilience.

Information flow — A continual flow of information regarding an
organization's operations and markets that is evaluated by
senior management in making strategic decisions.

Culture and values — A working environment in which the adaptive
qualities required for enterprise resilience are cultivated.

Adaptive response — The ability to withstand operational
disruptions, market risks and other threats without significantly
compromising an organization's effectiveness.

Risk structure — A system for managing risk that doesn't encumber or
limit an organization's operations.

Full Report at:
http://extfile.bah.com/livelink/livelink/143411/?
func=doc.Fetch&nodeid=143411
Some email programs will wrap this address to a second line so
you will have to copy each of the lines directly into the address
bar of your browser with no spaces between the two sections.
--------------------------------------------------------------
5. Six Seconds EQ Network

Six Seconds EQ Network teaches emotional intelligence skills to
create positive and productive relationships in schools,
homes, and organizations around the world
http://www.sixseconds.com

---------------------------------------------------------------------
6.  Quotes

"The organization chart basically shows you the formal rules. But
the ropes of the organization, how it actualy works is the
human network."
Thorton May

"People have at their fingertips, at the tips of their brains,
tremendous amounts of tacit knowledge, which are not captured
in our computer systems or on paper. Trust is the utility through
which this knowledge flows."
Karen Stephenson

"The psychological condition of fear is divorced from any concrete
and true immediate danger."
Eckhart Tolle

---------------------------------------------------------------------
7. NetForm

An organization's intellectual capital – its collective knowledge
and experience – is its most valuable and invisible asset.
This means that locating and retaining knowledge workers is the
single most important challenge for any company competing in
the changing environment. Why? Knowledge capital is often untapped
capital because it resides entirely within the people of
the organization who are connected in invisible "informal" networks.

In every network there are three central positions: Hubs,
Gatekeepers and Pulsetakers. These three positions are the
"cultural carriers". Every culture is comprised of networks and
every network will have these three nodes. The individuals
who occupy these positions do so by virtue of their deep-standing
(not necessarily long-standing) relationship of trust with
most members of the organization.

http://www.netform.com

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8. New BooK: Listen Up: How to Improve Relationships, Reduce Stress,
and Be More Productive by Using the Power of Listening
by Larry Lee, Ph.D. Barker, Kittie W. Watson, Kittie, Ph.D. Watson

People-oriented listeners quickly notice other people's moods and
feelings. Action-oriented listeners help others focus on
what's important. Content-oriented listeners are good at looking at
all sides of an issue. Time-oriented listeners give cues
to others when time is being wasted.

There are hundreds of books on how to express ourselves clearly, but
most of us haven't learned how to listen. This
groundbreaking, practical book explains:

* Why the listener, not the speaker, controls the conversation
* The four basic listener styles - People-, Action-, Content-, and
Time-Oriented listeners
* Why people tune out and how to hold their attention
* How men and women listen differently, and how to bridge the gap
* How to listen effectively to kids, teens, and the elderly
* How to improve relationships and increase productivity by changing
the way you listen

Filled with anecdotes, simple and useful tips, and important
research findings, Listen Up will help every reader communicate
better at home, on the job, and in every social situation.

"Research has consistently demonstrated that ineffective listening
habits present the most common barriers to success in
relationships," according to authors Larry Barker, Ph.D. and Kittie
Watson, Ph.D. Yet most people consider listening a
passive act, even a no-brainer at times, unaware that the ability to
effectively listen--not just hear--is one of our most
crucial skills. In fact, many readers will be surprised to learn
that it is the listener, not the talker, who holds the most
power and control in a conversation.

In their opening chapters, Barker and Watson outline all the payoffs
for improving listening skills, such as reducing stress
in households, creating marital intimacy, shortening business
meeting times, increasing sales (not surprisingly, the most
successful sales representatives are effective listeners), and
improving business performance. They then help readers
identify their listening style and bad listening habits before
teaching skills that will help readers gain more control when
communicating and become more successful partners, learners, and
employees. They even devote a chapter to the fascinating
differences between how women and men listen. Some of the exercises
may seem tedious, and the authors occasionally lapse into
self-help jargon. But overall, the authors remain conversational and
anecdotal (using make-believe people and situations to
illustrate common problems), which makes it easier for readers to
listen to all this sound advice. --Gail Hudson

http://www.amazon.com/exec/obidos/ASIN/0312242654/ref=ase_internation
allis/103-4917621-6485436
Some email programs will wrap this address to a second line so
you will have to copy each of the lines directly into the address
bar of your browser with no spaces between the two sections.

---------------------------------------------------------------------
9. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,
send an e-mail to johnford@....
New subscriptions are welcome. Forward this to a
friend or colleague.

---------------------------------------------------------------------
The Conflict Management E-Newsletter
Published by John Ford and Associates
http://www.johnford.com
To subscribe and unsubscribe
Send a blank email to:
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To review previous newsletters on the web:
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