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TAPM Newsletter
March 2024
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TAPM Mediators,
The sunshine is returning to our beautiful state, and we hope that you are feeling renewed and energized. We extend an invitation to our upcoming Annual Seminar, detailed below, where we'll discuss the evolving landscape of mediation and explore emerging trends in our field. Set to take place online, this gathering offers a unique opportunity for us to come together, share our knowledge, and collectively envision the future of mediation.
As we prepare for the seminar, we're also looking forward to finalizing our Board roster for the upcoming year. This crucial task not only ensures the smooth functioning of our organization but also allows us to welcome new voices and perspectives into our leadership team. Your input is requested at our annual meeting. This is a chance for members to come together, reflect on our collective achievements, vote on the Board roster for 2024-2025, and discuss our goals for the coming year. Your presence at this event is not only appreciated but essential in shaping the direction of our community and fostering meaningful connections amongst our members. Find details below.
Thank you for your continued support of this organization, and for the work that you are doing to promote peacemaking across Tennessee.
Warm regards,
The TAPM Board
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“Do something wonderful. People may imitate it.”
-Albert Schweitzer
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Thanks to Attendees of March's Workshop Event! | |
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TAPM continued its Workshop Series with Zena Zumeta on March 5th. Zena presented the "Caucus or Joint Session?" workshop led by Zena Zumeta. The session provided an insightful exploration of mediation techniques through video demonstrations of a small business dispute. Zena Zumeta, alongside Jonathan Muth, both highly regarded mediators in Michigan, showcased their respective styles: Zumeta utilizing the facilitative approach in joint sessions, while Muth utilized the evaluative style in caucus sessions. Attendees explored the advantages and drawbacks of each method across various mediation contexts. Zumeta guided the conversation by presenting excerpts from both videos. The workshop offered 2 hours of General/Family CME and 2 hours of General CLE. Zumeta's extensive expertise, backed by her Juris Doctor degree from the University of Michigan Law School and her distinguished career in mediation, provided expert wisdom to attendees. With her leadership roles in prominent mediation organizations and a track record of excellence in training and consultancy, Zumeta's contributions to the field have been invaluable. This workshop was one of TAPM's most well-attended events ever, and was a wonderful opportunity for conflict resolution professionals to deepen their understanding of mediation techniques. This recording will be available on our website for any TAPM member who wishes to view it.
We look forward to Zena's upcoming presentation at the TAPM Annual Seminar (April 5th), where she will be discussing pre-mediation meetings!
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TAPM Annual Seminar:
Current Trends and Emerging Pathways in Mediation
Friday, April 5th, 2024
(8:00am-3:00pmCT, 9:00am-4:00pmET)
Online via Zoom
5 hours Family/General/Ethics CLE
5 hours Dual CLE
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You still have time to register for our April 5th TAPM Annual Workshop - “Current Trends and Emerging Pathways in Mediation.” This all-day, virtual event will take place over Zoom.
Seminar Agenda:
8:00-8:05am(CT): Opening Remarks
8:05-9:05am: "Revolutionizing Mediation – Ethical AI Strategies for Conflict Resolution" with Susan Guthrie
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Mediator, trainer, podcaster, and author Susan Guthrie will explore the future of conflict resolution in this 60-minute program delving into the integration of Generative AI in mediation. This session offers a comprehensive look at how AI tools like OpenAI’s ChatGPT and Google’s Bard are transforming communication and resolution processes, while emphasizing the ethical considerations and challenges such as implicit biases in this evolving landscape. This program equips you with the knowledge to harness AI technologies effectively and responsibly, ensuring a balanced approach between innovative solutions and ethical practices in conflict management.
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9:05-9:15am: Break
9:15-10:15am: "When and Why Co-Mediation Matters - Ethical and Practical Considerations" with Laurel Stevenson
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Laurel Stevenson, an experienced mediator, arbitrator, and author, will explore the growing practice of co-mediation. Given the differing roles of lawyers and non-lawyers, either as neutrals or as advocates, Laurel’s presentation will provide practical tips for co-mediation, including ethical considerations in the context of the Model Standards of Conduct for Mediators and other standards and guidelines.
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10:15-10:30am: Break
10:30-11:30am: "Developments in ODR" with David Larson
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As technology advances, so does online dispute resolution (ODR). Professor David Allen Larson will discuss recent developments regarding ODR, including his experience working with the New York State Unified Court System to develop a small claims ODR platform. He will identify what ODR designers and developers can do to ensure accessibility for persons with disabilities. Finally, because he was the ABA House of Delegates representative who recently successfully moved the adoption of Resolution 500 urging the increased use of early dispute resolution (EDR), he will discuss that Resolution and explain how ODR can support the goal of Resolution 500.
| 11:30am-12:30: Lunch Break, Recording of the Grayfred Gray Public Service in Mediation Award | 12:30-1:30pm: "Pre-Mediation Meetings" with Zena Zumeta | |
Zena Zumeta, internationally-known mediator, and trainer, will discuss the practical aspects Research shows the efficacy of initial separate meetings with each party, yet in the past most mediators have not conducted pre-mediation meetings. This issue is receiving more (well-deserved) attention, so this workshop will examine the research and outcomes of pre-mediation separate meetings, and examine the do’s and don’ts to make them efficient and effective. Included is a video of pre-mediation meetings in a divorce mediation simulation.
1:30-1:45pm: Break
| 1:45-2:45pm: "Competency-based Credentialing for Professional Mediators" with Marilyn McKnight | |
Ms. McKnight, President of The Professional Mediation Board of Standards will discuss the evolution of competency-based credentialing of professional mediators, which has its roots in the development of the Academy of Family Mediators in the 19980s. Ms. McKnight will share with you the rationale and the progress in arriving at the test design for the PMBS competency-based credentialing for professional mediators that is soon to be launched. She will discuss the difference between competency-based credentialing and certification as a standard for credentialing and compare it to academic designations and why this is so important for our profession as mediators.
2:45-3:00pm: Closing remarks.
Price: $100 for members / $200 for non-members / $50 for students
Click here to register:
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More Information about Speakers:
Susan Guthrie’s Bio: Nationally recognized as one of the Top Family Law Attorneys and Mediators in the United States, Susan Guthrie has been at the forefront of divorce practice for more than 30 years. Susan has also transitioned into one of the leading family, collaborative and mediation trainers in the world. In 2020 Susan partnered with mediation legend, Forrest “Woody” Mosten, to create the Mosten Guthrie Academy to provide cutting edge gold-standard trainings for attorneys, mediators and other professionals. The Academy has grown in two years from one 40-Hour training program to a comprehensive curriculum of basic, advanced and specialized trainings and consulting groups for a vast family of dedicated professionals. Susan is also an internationally well-regarded expert in online mediation and has been training colleagues and other professionals in the practical and ethical considerations of conducting their mediations online with her innovative programs and webinars for more than two years. To date, more than 24,000 dispute resolution professionals have benefited from her program and she has trained mediators in countries all around the world including programs for the American Bar Association (ABA), the Alternative Dispute Resolution Institute of Canada (ADRIC), and the National Association of Distinguished Neutrals (NADN) among others.
Susan was recently awarded the prestigious L. Randolph Lowry Award from the Southern California Mediation Association for 2020 which is presented to a member of the dispute resolution community who has honored and inspired us through their passion and dedication to education in the field of dispute resolution. In addition, Susan was named to the Executive Committee of the newly formed Online Mediation Training Task Force, created to make recommendations regarding standards and practices in the field. Susan is the creator and host of the award-winning The Divorce & Beyond Podcast with Susan Guthrie, Esq. which is ranked as one of the top 1.5% of podcasts overall in the world. Her new podcast, directed at dispute resolution and legal entrepreneurs is called The Make Money Mediating Podcast and debuted in the iTunes Top New Business Podcasts Category. See her website and LinkedIn, the Mosten Guthrie Academy, and her podcasts.
Zena Zumeta’s Bio: Internationally known as both a mediator and trainer of mediators, Zena is president of the Mediation Training & Consultation Institute, Zena Zumeta Mediation Services, and The Collaborative Workplace in Ann Arbor, Michigan. She received her Juris Doctor from the University of Michigan Law School. Ms. Zumeta is a former board member and president of the Academy of Family Mediators (now merged into the Association for Conflict Resolution), past president of the Michigan Council for Family and Divorce Mediation, and past Regional Vice President of the Society of Professionals in Dispute Resolution. She is a past member of the Editorial Board of the American Bar Association’s Dispute Resolution Magazine.
Ms. Zumeta has extensive experience as a trainer, mediator, facilitator and consultant. She has been providing mediation services since 1981. She is an approved civil and family mediator in Michigan, and an approved mediation trainer for Michigan and many other states. She has taught at Hamline University School of Law, and is an adjunct professor at Pepperdine University School of Law’s Straus Institute for Dispute Resolution, University of Detroit Mercy Law School and Thomas M. Cooley School of Law.
Ms. Zumeta is the recipient of the Family Mediation Council-Michigan Lifetime Achievement in Mediation Award; the National Education Association/Saturn Corporation Award for Union-Management Collaboration; the John Haynes Distinguished Mediator Award from the Association for Conflict Resolution; and the Kumba Award from the National Conference on Minorities in ADR. See her LinkedIn and website.
Laurel Stevenson‘s Bio: Laurel is the Director of the Mediation and Assessment Program (MAP) for the United States District Court, Western District of Missouri, a position she has held since August of 2020. In addition to overseeing the program, including a pilot program for prisoner pro se cases, she serves as a mediator and facilitator in a variety of cases. She has mediated more than 300 cases via Zoom, and hundreds more in-person.
Prior to becoming the MAP Director, Laurel was a litigator for more than two decades and served as a mediator and arbitrator her last twelve years of private practice. In 2023, Laurel served as a Fellow with the ABA’s Section of Dispute Resolution. She is currently the Co-Chair of the ABA’s Court ADR Committee. She has written extensively on several legal issues, including ADR. She has taught more than thirty CLE’s, including courses on diminished capacity, conflict resolution for medical and legal professionals, insurance, and ethics.
Outside of work, Laurel is a published author of children’s books under her pen name Alysen Bayles, a name honoring her late grandfather. Her books to date include Winston, Silly Sam from Galapagos Land, and Cambridge and Clyde. She is working on more children’s books, including one on conflict resolution, in addition to novels and a poetry book. Laurel is in her fourth year on the Board of Directors for Nova Center of the Ozarks, an organization providing residential and non-residential services to individuals with developmental disabilities, including individuals on the spectrum. See her LinkedIn and her books.
David Larson’s Bio: David is a Professor of Law at the Mitchell Hamline School of Law, Senior Fellow at the Dispute Resolution Institute, and a member of the Health Law Institute. He is Past Chair of the American Bar Association (ABA) Section of Dispute Resolution and is a Section Representative to the ABA House of Delegates. His research interests include ensuring digital accessibility for persons with disabilities, and he is the System Designer who helped create an online dispute resolution (ODR) platform for the New York State Unified Court System. David is the John H. Faricy Jr. Chair for Empirical Studies, and a Lifetime Fellow of the American Bar Foundation. He has seventy legal publications and has made more than 240 professional presentations in sixteen different countries.
David worked at the Equal Employment Opportunity Commission Office of General Counsel, Appellate Division in Washington, D.C. and, on behalf of that Office, participated in drafting the Regulations and Interpretive Guidance for the Americans with Disabilities Act. He was founder and Editor-in-Chief of the “Journal of Alternative Dispute Resolution in Employment” (CCH Inc.), an arbitrator for the Omaha Tribe and other disputes, and a Hearing Examiner for the Nebraska Equal Opportunity Commission. David has been a tenured professor at four different universities and colleges and practiced with a litigation law firm. See his selected articles, his profile, and his LinkedIn.
Marilyn S. McKnight Bio: Marilyn is co-owner of Erickson Mediation Institute and has more than 40 years of diverse mediation experience. Marilyn is recognized as a pioneer and leading authority in the field of mediation. She is a 1987 recipient of the Bush Leadership Fellowship for the study of mediation and psychology. Since 1980, she has established a full-time family and civil mediation practice and training institute that has trained over three thousand people in the techniques of cooperative negotiation and mediation skills.
Marilyn first presented nationally on family mediation in the early 1980s and continues to present and has trained on the topic of mediation all over the United States, Canada, England, the Netherlands and Singapore. She has taught mediation, conflict resolution and ADR at the University of Idaho College of Law, the University of Minnesota School of Social Work, and numerous programs for therapists, court personnel, judges, lawyers and other professionals. She has taught at Augsburg University in the Master of Arts and Leadership program since 2010 and served as adjunct professor for 18 years at William Mitchell College of Law.
An editor and author, Marilyn has co-authored, six books and numerous articles and training manuals on mediation, including Family Mediation Casebook, Theory and Process, in 1988 and “Civil ADR Training in Mediation and Conflict Resolution Skills” published by Erickson Mediation Institute in 1994. In 1999 they wrote Mediating Divorce: A Step-By-Step Manual, and Mediating Divorce: A Client Workbook, Jossey Bass Publishers. The book, A Practitioner’s Guide to Mediation, was published by Wiley & Sons, in October 2001. Their most recent book, co-authored with Donald Saposnek and Stephen Erickson, is THE CHILD SUPPORT SOLUTION: Unhooking Custody from Support. It was published in 2019, by CSS Press.
Professional memberships include the Minnesota Bar Association’s Alternative Dispute Resolution Section and the Academy of Professional Family Mediators (APFM). She was awarded the Distinguished Mediator Award in 1996 by the Academy of Family Mediators and in 2007 was awarded a Certificate of Service from the MN State Bar Association in recognition of her distinguished service as a valued contributor for the development and growth of Alternative Dispute Resolution in Minnesota. She holds a B.A. from Augsburg College in Minneapolis and earned an M.A. in Human Development and Mediation from the University of St. Mary’s in Minneapolis.
Beginning in 1989, Marilyn served on numerous committees and task forces to credential family mediation as a separate, distinct profession. In 1991 she represented the Academy of Family Mediators on the Test Design Project of the National Institute of Dispute Resolution, investigating competency-based credentialing of family mediators. Since then, Marilyn worked within the Association for Conflict Resolution (ACR) with the hope of developing competency-based credentialing of professional mediators as president in 2008. When ACR floundered financially she and a group of family mediators decided to leave ACR and founded the Academy of Professional Mediators in 2012 to recognize the profession of family mediation and pursue competency-based credentialing for family mediators. In 2014 she and a small group of colleagues founded the Professional Mediation Board of Standards for the purpose of developing competency-based credentialing of mediators. See her LinkedIn and her Mediate.com articles.
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We Look Forward to Seeing You at the TAPM Annual Meeting! | |
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Friday, April 5th
3:00-3:30pm (CT) / 4:00-4:30pm (ET)
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 |  | Sonja S. Walton, MHRM, TAPM, NNA, is an experienced mediator and Human Resources professional with a strong commitment to excellence, professionalism, confidentiality, and integrity. Sonja excels in conflict resolution and is experienced in administering policies and programs related to recruitment, benefits administration, and regulatory compliance with local, state, and federal laws. Sonja's leadership skills shine through her ability to develop productive relationships with management, colleagues, and employees. Currently serving as a Rule 31 General Civil Mediator, she is trained and experienced in dispute resolution. Sonja holds an MBA in Human Resource Management from Strayer University, a BBA in Human Resource Management from Belhaven University, and an A.A.S. in Information Technology/Business Management from Northwest MS Community College. She is an active member of various professional associations, including General Member of Mediate.com, Tennessee Association of Professional Mediators, and the Society of Human Resource Management (SHRM).
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Merry Brown is a writer, speaker, mediator, podcast host, and philosopher dedicated to guiding individuals and organizations through difficult conversations and conflicts. As the founder of Third Party Workplace Conflict Restoration Services LLC (3P), Merry is on a mission to train and empower employees and businesses to deal with conflict swiftly and justly, with a win/win restorative mindset that is committed to treating all people with dignity and respect. Her latest book, "How to Be Unprofessional at Work: Tips to Ensure Failure," offers a guide of what to avoid in the workplace, sparking insightful discussions on constructive alternatives. Tune in to the 'Conflict Managed' podcast for conversations about toxic work environments and how to fix them.
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“Speak when you are angry and you will make
the best speech you will ever regret.”
–Ambrose Bierce
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2024 ABA Dispute Resolution Spring Conference
Mastering the Future: Revolutionizing Dispute Resolution in a Dynamic World
April 10-13, 2024
San Diego, CA | Westin Gaslamp
Who should attend?
- Mediators and Arbitrators
- Ombuds and Legal Educators
- Judges and Dispute Resolution Leaders
- Attorney Advocates and Young Professionals
- Court Administrators
- Neutral Providers and ADR consumers
Program Details: The world is evolving rapidly, and our practices in dispute resolution will continue to evolve with it. This conference brings together the cutting edge of technology and professional strategy, offering over 50 high-impact sessions designed to immerse you in the next wave of dispute resolution advancements while also enhancing your essential dispute resolution skills. Stay ahead of the curve as you delve into the theoretical and practical dimensions of burgeoning technologies such as artificial intelligence, cybersecurity, virtual reality, and cloud computing. Simultaneously, refine and enhance your core practice capabilities.
The 2024 Spring Conference is your chance to become an active participant in shaping the future of dispute resolution. Register here and contact Kimberly Best at kim@bestconflictsolutions if you are a TAPM member to receive a discount code!
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The Importance of Emotional Intelligence in Mediation | |
by Kimberly Best
Being a professional conflict manager and a coach requires more than simply understanding the theory of negotiation, mediation, and conflict resolution. In practice, these disciplines require a deep comprehension of human beings and their emotional responses. To really excel in managing, resolving, and mediating conflicts, emotional intelligence is not a mere asset, but a necessity. It plays a paramount role in how we understand, interpret, and respond to the conflicts and disputes that arise in workplaces, healthcare systems, and businesses.
Emotional intelligence in mediation goes beyond verbal communication. It is about being emotionally attuned and empathetic to the people involved, recognizing and understanding their emotions to better manage the negotiation process and knowing and managing our own responses. This involves the ability to read between the lines, to sense the underlying tensions beneath the spoken words, and to feel the emotional currents that may not be expressed openly. It's about identifying the hidden issues that might be driving the conflict, even when they're not being directly communicated. Emotional intelligence enables a mediator to touch the core of the dispute, comprehend the emotions tangled in it, and guide the individuals involved towards a resolution that is acceptable to everyone.
Emotional intelligence is a key tool that allows mediators to manage their own feelings and reactions during the process. It helps them stay calm, objective, neutral, and focused, even when the situation becomes emotionally charged or stressful. When individuals feel heard, respected, and valued during a mediation process, they are more likely to participate honestly and openly in the discussion. By leveraging emotional intelligence, mediators can ensure that all parties involved feel this way. This not only makes the mediation process smoother and more efficient, but also builds trust and sets the groundwork for a sustainable, long-term resolution. Indeed, research supports that mediations conducted by practitioners with high EI are more successful and their agreements more enduring.
So, the next time you find yourself in the mediator’s seat, remember: your emotional intelligence is your strongest tool. Use it wisely, use it well. It can mean the difference between a resolution that merely ends a dispute temporarily, and a resolution that truly resolves the root cause of the conflict, promoting understanding, cooperation, and lasting peace among the parties involved.
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We Still Need Your Help - TAPM Membership Drive | |
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Please join, renew, and encourage your colleagues to join TAPM. We continue to hold our fee to $100/year. For that fee, members receive FREE CLE/CME for attending our monthly speaker/training events. Many similar state organizations are raising fees for both membership and content. If we can keep membership levels high, we can continue to provide our excellent speakers, networking opportunities, and programs to promote mediation to all.
Visit our website to renew membership, or join and pay your TAPM dues online.
$100.00 for one year: Professional Member
$50.00 for one year: Nonprofit Mediator/Student Member
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If you haven't already found us online, check out our social media pages. We would love to hear from you about your mediation practice or mediation opportunities including training, connections and presentations. Check back regularly for updates on upcoming events! | |
News to share? Upcoming Events that would be of interest to TAPM mediators? Job openings you’d like to promote? Email submissions for upcoming TAPM newsletters to jen.comiskey@2mediate.org
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