+---+-----------+---+------------------------------------------------+
| # |           | # | ## DOT ADR UPDATE  {#dot-adr-update .NL-Title} |
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+---+-----------+---+------------------------------------------------+
|   |           |   | > Talk About It                                |
+---+-----------+---+------------------------------------------------+
| ! |           |   | *The purpose of this feature is to help DOT    |
| [ |           |   | employees better*                              |
| ] |           |   |                                                |
| ( |           |   | *understand the types of issues that are       |
| m |           |   | mediated and how the*                          |
| e |           |   |                                                |
| d |           |   | *mediation process may help employees resolve  |
| i |           |   | conflicts that cause*                          |
| a |           |   |                                                |
| / |           |   | *them to feel angry, hurt, or frustrated and   |
| i |           |   | that hinder their job*                         |
| m |           |   |                                                |
| a |           |   | *performance.*                                 |
| g |           |   |                                                |
| e |           |   | Albert and Elizabeth were a separated couple   |
| 2 |           |   | with a lot of debt who decided to use          |
| . |           |   | mediation. They had \$50,000 in student loans, |
| j |           |   | from their college educations as well as their |
| p |           |   | daughter's. They had an additional \$30,000 in |
| e |           |   | credit card debt. While Albert had thought     |
| g |           |   | about filing for bankruptcy, Elizabeth was     |
| ) |           |   | upset and angry at this idea. She blamed him   |
| { |           |   | for the debt and didn't want to hurt her       |
| w |           |   | credit. He countered by blaming her.           |
| i |           |   |                                                |
| d |           |   | As they discussed their debt, an issue came up |
| t |           |   | about the car. Right before they separated,    |
| h |           |   | they'd bought an expensive car, with a car     |
| = |           |   | loan with high monthly payments, which Albert  |
| " |           |   | kept after they separated. Elizabeth           |
| 1 |           |   | complained about the high costs, which she was |
| . |           |   | still sharing, but revealed that she would     |
| 8 |           |   | feel better about helping to pay the loan if   |
| 3 |           |   | she could use the car.                         |
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+---+-----------+---+------------------------------------------------+

Talk About It, Cont.

Albert seemed reluctant to let her use the car. When the mediator asked
why, he revealed that he had lent it to her once, and she had used it to
go someplace with her boyfriend. Because of his anger and hurt about her
boyfriend - who was the catalyst for their having separated - he was
very angry when he later discovered that \"the other man\" had ridden in
\"his\" car. Albert did not want Elizabeth to use the car.

![](media/image3.wmf){width="2.5208333333333335in"
height="2.5416666666666665in"}

Elizabeth was able, in mediation, to hear how angry he was, and to
understand how much she had hurt him. She said she was sorry for the
pain she'd caused him, and that if she had been able to find another way
to do things, she would have. But she hadn't been, she had done the best
she knew how to do and this was the situation. She was with another man.

Through the discussion, Albert had a chance to let Elizabeth know how
bereft he was feeling, and how angry he was at her, and when he felt
really heard by her, his feelings eased. He proposed a schedule for
sharing the car and Elizabeth apologized for using the car with the
boyfriend and said she would be willing to split the car payments.

As for the rest of the debt, Albert had been unemployed for a while, and
Elizabeth was still angry. She felt that she had assumed a lot of the
financial pressure and responsibility during the years, and now he
wanted her to keep paying and paying. When his anger began to abate,
Albert could hear better Elizabeth's feelings about a fair division of
their debt. He agreed that he would not declare bankruptcy and he
assumed a larger portion of their debts.

They had a lot of problems built in, but when they were able to hear
each other and give each other acknowledgment the easing of feelings led
the way for them to compromise. There were economic and non-economic
problems and the non-economic solutions that were reached cleared the
path for resolution of the rest of the economic issues.

![](media/image4.png){width="3.071527777777778in"
height="2.9965277777777777in"}

Summarizing: An Under-Appreciated Tool

By Jennifer Glick

![](media/image5.wmf){width="2.4166666666666665in" height="2.125in"}

The skill of summarizing is often taken for granted. Many assume that
anyone can recap points made by another, but summarizing in mediation,
and doing it well, is another matter. Summarizing is an important skill
with numerous benefits and should be understood, taught and practiced.

In mediation, summarizing involves articulating the essence of each
party\'s ideas in the mediator\'s own words. The original message will
contain both facts and emotion, and therefore, so should the summary.
Although parties express their emotions using extreme words, tone and
emphasis, the mediator must neutralize those emotions and relay the
statement in a less hostile manner by describing the emotion, rather
than engaging in it. The mediator should also be very careful not to
distort what was said, but provide an accurate statement of the party's
story.

Effective summarizing benefits each party as well as the quality of the
mediation. It communicates to a party that he/she is being heard and
valued by the mediator. The summary also reduces confusion by feeding
back what the parties have been saying, and helps them to assess where
they are in relation to each other and choose where to go next. This
also provides the parties with the opportunity to clarify any issues if
they feel that the summary is inaccurate in any way.

While summarizing often occurs after each party has presented his/her
side of the dispute, it can also be useful in other stages of mediation.
A summary is significantly shorter than the original message; therefore,
it is helpful in providing an overview of the progress and can be used
whenever the mediation seems to have gone off topic. Summarization can
also be used to help the mediator figure out where to go next in a
difficult mediation. It can sometimes be helpful to talk through a
situation and take time to organize your thoughts, and a summary
provides this time and structure when it is lost. Finally, a summary at
the end of a discussion can serve as a transition into the agreement
phase.

When summarizing, the mediator should keep several guidelines in mind:

-   listen carefully for the key idea and supporting points

-   attend to the emotional tone of the message and make it part of the
    summary

-   use the parties\' language choices whenever possible

-   when appropriate, summarize in a way that addresses the parties
    together

-   when appropriate, highlight differences in order to promote clarity

-   do not omit any topic brought up by a party

-   solicit feedback from the party (or parties) regarding the accuracy
    of the summary

Summarizing is a skill that applies to all types of mediation. While it
can seem less important than other skills in a mediators tool kit
because of its simplicity, you should not forget its importance. The
summarization tool can make a mediation proceed smoothly, without
miscommunication, and get a mediator, or party out of a difficult
situation. With that in mind, do not forget to use summarization in
every mediation; it is the tool that can never be used enough.

The Results are In: 2006 Conflict Management Skills for Managers Survey

By Jennifer Glick

![](media/image6.wmf){width="2.3333333333333335in" height="1.375in"}

In June 2003, the Center for Alternative Dispute Resolution (the Center)
began to offer the Conflict Management Skills for Managers training
course in order to provide managers with unique approaches to resolving
conflict and transforming difficult circumstances into satisfying,
mutually beneficial experiences.

To gain insight into the long term benefits of the training, a survey on
the course was sent out to all one hundred and seventy past
participants, and twenty percent of the participants were personally
interviewed. The purpose was to learn how various skills from the course
are being implemented in the workplace and to gain valuable feedback on
the course content. The survey was created and conducted by the summer
intern for the Center[^1] and reviewed by the Dispute Resolution Council
for the Department.

Overall, the responses to the written survey were very positive with
over seventy five percent of respondents answering positively to each of
the sixteen questions. The strongest percentage of disagreement came
when participants responded to statements about their ability to employ
certain skills geared to resolving conflict that has already manifested.
In these areas, many participants explained that they simply had not
gotten a chance to implement those skills yet, due to a lack of conflict
in the office.

On the other hand, the strongest percentage of agreement came when
participants responded to statements regarding their use of skills that
do not require conflict in order to be applied. These types of skills
can be used to avoid and prevent conflict and improve communication and
do not necessarily need a situation involving conflict to be employed.
The survey results also suggested that participants came away from the
course with an overall better understanding of ADR and mediation and the
role of a mediator.

The responses to the personal interview questions were also very
positive. Of the thirty one interviewees, ninety percent stated that
they enjoyed the course and commented positively on its interactive
nature. Don Bright, a participant in the January, 2006 course stated,
"The course was very well done. Though I have been to others, this was
the best in terms of both teaching and content". A few even stated that
the course sparked an interest to learn more on ADR and mediation and
that they have since taken follow up courses on the subject, either with
the Center or elsewhere.

When asked whether they would recommend the course to others, one
hundred percent of the interviewees responded with at least a "yes", if
not "absolutely" or "definitely" with additional comments and
recommendations. One of such recommendations to follow this question was
that fifty percent of interviewees felt that the course should be
mandatory, or a pre-requisite, for all managers and SES. Kelly Kelley, a
participant in the June 2003 pilot course stated, "The course should be
a mandatory pre-requisite for all managers. It would be more helpful and
useful if managers had these skills before becoming a manager, rather
than after conflict arises".

While fifty two percent of interviewees noted that it has been hard to
use certain skills because there has not been any formal conflict to
deal with in their office, all fifty two percent noted that many of the
skills do not require conflict in order to be put to use and have been
able to use those skills to improve everyday interactions. "There has
been little workplace conflict since the course, but the skills have
been very useful in other areas," stated Pat McNall, a participant in
the May 2004 course. The two most common skills that interviewees have
employed and felt to be very beneficial were active listening and
distinguishing between positions and interests. Interviewees reported
that these skills were put to use on an everyday basis, in general, as
communication skills, rather than skills for a mediation setting only.
Ten percent of interviewees stated that the skills were not only helpful
in the workplace, but in personal and family life as well.

The survey and accompanying interviews also provided the Center with
several helpful recommendations for improvements or modifications of the
training. Overall the survey achieved its purpose and has helped the
Center understand how the training is being used in the workplace and
what to do to ensure that the skills from the training are retained and
continue to be useful.

Page 5 Article

ADR Around the Federal Government

![](media/image7.jpeg){width="0.5in" height="0.5in"}

[Over 1,000 Cases in Miss. Hurricane Katrina Mediation Program
Settle]{.underline}

(http://www.doi.state.ms.us/pressrel/pressrel072006.pdf)

![](media/image8.png){width="0.5243055555555556in"
height="0.44583333333333336in"} The Mississippi Commissioner of
Insurance, George Dale, announced today that 1,112 of the 1,338
mediation conferences scheduled prior to July 14, 2006 in the
Mississippi Hurricane Katrina Mediation Program, have settled. Dale also
announced that the American Arbitration Association (AAA), the program
administrator, has moved the program\'s mediation conferences into
larger facilities on the campus of the University of Southern
Mississippi in Hattiesburg and is now scheduling a minimum of 160
mediations a week. The Mississippi Insurance Department Hurricane
Katrina Mediation program serves as a non-adversarial, non-binding,
alternative dispute resolution procedure designed to facilitate the
resolution of claims as quickly and fairly as possible. Dale added that
while mediation has helped a great number of people he is aware that
mediation will not work for everyone and for those persons for whom
mediation is unsuccessful he encourages them to pursue their case with
an attorney of their choosing.

![](media/image9.jpeg){width="1.3229166666666667in"
height="1.0729166666666667in"}[IRS Extends Mediation Program for Audited
Issuers Through July 2007]{.underline}

According to the agency, the Internal Revenue Service has renewed the
Tax-Exempt Bond Mediation Pilot Program for another year. The program is
available to issuers of tax-exempt bonds who are under examination by
the IRS\' tax-exempt bond office. Municipalities can use it to request
intervention from a trained mediator from the IRS Office of Appeals,
with the option of using a non-agency co-mediator, to settle unresolved
audit issues in an expedited fashion. The mediation program is available
to issuers that have not received proposed adverse determinations that
interest on their bonds is taxable. The mediation program was first
introduced as a two-year pilot program in 2003 and was extended for an
additional year last June. It will run through July 2007 with the most
recent extension.

![](media/image10.jpeg){width="0.5in" height="0.46111111111111114in"}

[ABA and USAID Help Bring Mediation to Liberia]{.underline}

A week long mediation training for 50 participants in Liberia was
organized by the American Bar Association (ABA) and the United States
Agency for International Development (USAID) as a step to help sustain
the peace in Liberia. In addition, a one-day workshop on the need for
mediation legislation in Liberia brought together officials of the
Liberian Government, the National Bar Association of Liberia,
non-governmental and civil society organizations. These workshops were
intended to provide the first step in the development of ADR schemes in
Liberia and also to help ease the burden on the judicial system.  The
Mediation Legislation, once enacted into law, will ensure a significant
reduction in case-loads within the judicial system and put in place
uniformed standards for mediation and mediators that meet international
norms that are also rooted in the traditional mediation techniques of
Liberia.

![](media/image11.jpeg){width="0.5833333333333334in" height="0.5in"}

[Maryland Bill Proposes Mediation of Land-Use Disputes]{.underline}

(http://mediate.com/adrnews/)

Developers and residents in Howard County, Maryland have resolved
disputes through ad hoc mediation sessions at the urging of the County.
The County Council is now proposing a bill that would permit the Council
to formally recommend mediation in zoning and other land-use disputes.
Action on the bill is expected this summer. Surrounding jurisdictions
experiencing bitter zoning disputes are watching to see if the proposal
is successful and may implement similar programs.

ADR Use in the Transportation Industry

[Judge Orders Mediation in Rail-Trail Feud]{.underline}

#######  

A Commonwealth Court judge has ordered all parties involved in the
dispute over ownership of the former Enola Low-Grade Line to participate
in mediation. In 2004, the county commissioners voted to use eminent
domain to take from Norfolk Southern the former Enola property to
establish a 23-mile rail trail. Shortly after the county condemned the
land, the townships sued, saying state law prohibits railroad rights of
way from being taken by eminent domain. A letter to the parties from the
Commonwealth Court's office stated that the purposes of the conference
are to identify and clarify issues presented in the case and to explore
the possibilities of settlement. Attorneys representing Lancaster County
commissioners, six townships in the county\'s southern end and Norfolk
Southern must send to Judge Joseph McCloskey their positions in the
dispute. After the judge reviews those positions mediation sessions are
likely to begin.

![](media/image12.png){width="1.080708661417323in"
height="1.3437007874015747in"}![](media/image13.png){width="1.080708661417323in"
height="1.3437007874015747in"}![](media/image14.png){width="1.0799212598425196in"
height="1.3437007874015747in"}![](media/image15.png){width="1.0799212598425196in"
height="1.3437007874015747in"}![](media/image16.png){width="1.0716535433070866in"
height="1.3334645669291338in"}

####### 

####### 

#######  

#######  

#######  

#######  

####### [Emergency Board to Investigate Penn. Transportation Authority Dispute]{.underline}

Effective July 8, 2006, President George W. Bush established Emergency
Board 239 to investigate a collective bargaining dispute between the
Southeastern Pennsylvania Transportation Authority (SEPTA) and its
Locomotive Engineers represented by the Brotherhood of Locomotive
Engineers and Trainmen (BLET). The board is to consist of 3 members and
was established under the authority of the Railway Labor Act, section 9A
which provides that the President, upon such request, shall appoint an
emergency board to investigate and report on a dispute. the Emergency
Board will conduct a hearing and make a recommendation for settlement
within 30 days of the President's creation of the Board. No work
stoppages are permissible for the 120 days following the date of the
creation of the Emergency Board.

Training Opportunities

Looking to enhance your leadership competencies? Want to resolve
conflicts in a positive and constructive manner? The Department of
Transportation Center for Alternative Dispute Resolution, in partnership
with the Department of Health and Human Services Office of Dispute
Resolution Specialist, offers a variety of courses. The following
courses are currently scheduled:

![](media/image17.wmf){width="1.375in"
height="1.1736111111111112in"}**Conflict Management Skills for
Managers**

October xx, 2006

**Basic Mediation Skills**

November xx-xx, 2006

For a description of all of our courses visit our website at
<http://www.dot.gov/ost/ogc/CADR/training.html>. To register for any
courses, email <CADR@ost.dot.gov> or call 202-385-CADR (2237), with your
name, agency, and course title.

  ----------- ---- ---- ---- ---- ---- ---- -- ------------ ---- ---- ---- ---- ---- ---- -- ------------ ---- ---- ---- ---- ---- ----
  **October                                    **November                                    **December                            
  2006**                                       2006**                                        2006**                                

  Su          Mo   Tu   We   Th   Fr   Sa      Su           Mo   Tu   We   Th   Fr   Sa      Su           Mo   Tu   We   Th   Fr   Sa

  1           2    3    4    5    6    7                              1    2    3    4                                        1    2

  8           9    10   11   12   13   14      5            6    7    8    9    10   11      3            4    5    6    7    8    9

  15          16   17   18   19   20   21      12           13   14   15   16   17   18      10           11   12   13   14   15   16

  22          23   24   25   26   27   28      19           20   21   22   23   24   25      17           18   19   20   21   22   23

  29          30   31                          26           27   28   29   30                24           25   26   27   28   29   30

                                                                                             31                                    
  ----------- ---- ---- ---- ---- ---- ---- -- ------------ ---- ---- ---- ---- ---- ---- -- ------------ ---- ---- ---- ---- ---- ----

Closing Thoughts

"Never tell people how to do things. Tell them what you want to achieve
and they will surprise you with their ingenuity."

-- George S. Patton

[^1]: Jennifer Glick, the Summer 2006 intern for the Department of
    Transportation, Center for Alternative Dispute Resolution, is a
    third year law student at California Western School of Law in San
    Diego, CA. She has had training in alternative dispute resolution,
    including mediation and serves and a volunteer mediator for the
    South Bay Small Claims Court in San Diego.