MACROMACROMACROMACROMACROSCOPEIssue 9 February 2007

Newsletter of theMaryland Mediation and

Conflict Resolution Office (MACRO)

Guest Editorial: Martin Kranitz -------------------------- 6Letter to the Editor on Mediation and Money ----- 8National Conflict Resolution Day ---------------------- 10

The Orphans’ Court addresses disputes regarding assets of deceased persons,including guardianships of property for minors. Some of the disputes in ourcourt are so heated that families tend to disintegrate right before our eyes. Whatbetter place to have mediation available than the Orphans’ Court?

Many times, the underlying issue may be more about who Mom or Dadloved best, rather than about the legal issues. These underlying family concernsare not appropriate for a courtroom, but will often come out in mediation,thus assisting a family in the healing process. Mediation is also a faster and more

Mediating Orphans’ Court CasesBy The Honorable Joyce M. Baylor-Thompson

Chief Judge, Orphans' Court for Baltimore City

What do baseball and the Maryland Program for Mediator Excellence (MPME) have in common? Thatwas the question put to the mediators who attended the four MPME kick-off baseball games this pastsummer and fall. The person with the most creative answer, chosen by our panel of judges, walked awaywith a gift basket containing Cracker Jacks™ (with a prize inside), baseball cards, a baseball, and MACROgive-a-ways. (See the winning answers at the end of this article.)

To mark this important event in the history of Maryland mediation, the program was launched byvisiting minor league parks in Salisbury, Bowie, Aberdeen, and Frederick. More than 200 mediators, theirfamilies, and friends enjoyed an evening of baseball, a buffet meal, and the opportunity to sign up for

Baseball and MPMEBy Cheryl Jamison, Quality Assistance Director, MACRO

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inside

District Court ADR--------------------------------------- 11Upcoming Events------------------------------------------ 14Work Force Housing Task Force ---------------------- 18

Judge Joyce M. Baylor-Thompson

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efficient way to resolve disputes, thereby increasingthe efficiency of the court’s resources and time.

Mediation in the Orphans’ Court is a relativelynew phenomenon. Prior to the Pilot Project onMediation in Baltimore City, there was little or nomediation occurring in the Orphans’ Court except inMontgomery County and Harford County, wherethe judges of the Circuit Court sit as Orphans’ Courtjudges. The Baltimore City Orphans' Court was thestate's first traditional three-person orphans' court torefer cases to mediation.

It was my vision to offer mediation to thelitigants of the Orphans’ Court in Baltimore City. Ittook approximately one year to gather relevantinformation from the surrounding courts in Marylandand nearby states. With the help of a volunteer intern,Mr. Matthews Bark, we submitted a grant applicationto the Mediation and Conflict Resolution Office(MACRO) for a pilot mediation project. We alsohad the assistance of an advisory board that wasformed at the behest of the court, consisting ofmembers from the Estates and Trust Law and Taxsections of the Bar as well as the Estate & GiftTax Study Group, the executive director of MICPEL(Maryland Institute for Continuing ProfessionalEducation of Lawyers), the director of the Center

for Dispute Resolution at the University of MarylandSchool of Law, a private practitioner well versed inmediation from Mediation and Arbitration Services, andMACRO’s court ADR resources director.

Beginning the Project In September 2003, we received a MACRO grant

that enabled us to begin. The first step was to hire amediation intern to coordinate the daily tasks requiredfor this project. The first year, we created forms,recruited mediators, and provided mediation training tothe judges, court clerks, and other court personnel. Wealso developed training materials and trained ourmediators. With the assistance of our advisory board,MICPEL developed an 8-hour training session onadvanced probate for those mediators who had noprevious probate experience.

The court decided that all caveat proceedings (achallenge to the validity of a will that has been admittedto probate) would be on an automatic track formediation. In all caveat proceedings, a pre-trial order isprepared. After discovery, the court requests that theparties try mediation prior to proceeding to court.Additionally, in other contested matters, an order formediation is within the discretion of the judge, or aparty may request it. The court has submitted cases tomediation involving fiduciary misappropriation of assetsby the personal representative as well as cases involvingdisputes over the distribution of assets. Many of thesecases may include disputes arising from claims by acreditor, claims by an unknown or known heir, andexceptions to counsel or personal representative fees.

When a case is referred to mediation, an order formediation is prepared, which includes the name, address,and phone number of a designated mediator from ourcourt’s list. Included in the order are instructions foreither party to file an exemption from mediation andthe rate of payment by each party to the mediator.The order is sent to each party with a set of instructions.These instructions include an agreement to mediate formthat must be signed by both parties, and a confidential

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Mediation is . . .a faster and more

efficient wayto resolve disputes

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the MPME. In addition to the baseball events, acrab feast was held at Nick’s Fish House to introducethe program to the Baltimore area.

The major goal of the MPME is to assistMaryland mediators in all venues to provide highquality mediation services to their clients. This isaccomplished by providing participating mediatorswith stimulating choices for continued learning andimprovement, along with appropriate recognition fortheir achievements. Symbolized by a tree with manyroots and branches, the MPME integrates several non-regulatory, voluntary approaches for enhancingmediators’ skills and their ability to address the needsof their clients.

Membership in the MPME signifies that you aremaking a commitment to continually improve thequality of your mediation services. The requirementsfor membership are:

1. Completion of 40 hours of mediation skillstraining;

2. Agreement to comply with the MarylandStandards of Conduct for Mediators asadopted by the Mediator Excellence Council;

3. Agreement to participate, in good faith, withthe mediation ombuds program;

4. Commitment to complete two hours of ethicseducation each year;

5. Commitment to complete four continuing skillsimprovement activities each year.

This fall, the MPME initiated a skills-basedmentoring program beginning in Cecil and WashingtonCounties. This program is a voluntary andcollaborative relationship designed to stimulate andencourage the development of mediation skills forthe mutual benefit of the mentor and learning partner.The mentor is a qualified volunteer who is a seasoned,experienced mediator acting as a teacher, guide,counselor and role model for a new mediator. Thelearning partner is a qualified volunteer who seeksimprovement of technical and ethical skills in thepractice of mediation or who is entering a new areaof mediation, and is willing to engage in performance-based assessment and learning with a mentor.

What's in store for 2007? The MPME will be rollingout a mediation ombuds program that will giveconsumers of mediation services a place to taketheir concerns and questions. An enhanced onlinemediators’ directory will be unveiled, and severalpilot programs are being planned involving exit surveysand performance-based assessments. To learn moreabout the MPME or to join, go to MACRO's Website and click on “MPME” or call Cheryl Jamison,(410) 841-2260.

And now, we report on the winners of the WhatDo Baseball and the MPME Have in Common? contest.At the Arthur W. Perdue Stadium in Salisbury, asthe Delmarva Shorebirds played the Hagerstown Suns,the first place award went to Michele Ennis-Benn,while Astrid Bravo and Danita Townsend tied forsecond place.

At Prince George’s Stadium in Bowie, with theBowie Baysox squaring off against the New Hampshire

MPME: Sign Up to Join Today!, from 1

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Cheryl Jamison, Quality Assistance Director

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Rachel's Notes

Rachel Wohl, Executive Director

Understanding Maryland'sMuslim Communities

Some cases that are mediated by communitymediation programs have been referred there by aState’s Attorney’s Office. In many of these mediations,the participants know each other, and at least one ofthem has made allegations of criminal behavior againstthe other. In listening to their expressions of angerand hurt, it sometimes becomes clear that they havebeen operating under very different assumptions aboutone another, and see each other as enemies. They areengaged in “othering.”

An online definition describes “othering” as “away of defining and securing one’s own positiveidentity through the stigmatization of an “other.” Mostof us have done this to someone at some point inour lives. We have observed “othering” also in turfbattles; in the conflicts of some people of differentraces, cultures, religions, geographies, or economicstatus; and elsewhere. It is hard to imagine a warwithout “othering.”

Thomas Merton, a Catholic Trappist Monk whowas an influential spiritual writer, and a great civilrights and peace advocate, said:

Violence rests on the assumption that the enemyand I are entirely different: the enemy is evil andI am good. The enemy must be destroyed but Imust be saved. But love sees things differently.It sees that even the enemy suffers from thesame sorrows and limitations that I do. That weboth have the same hopes, the same needs, thesame aspirations for peaceful and harmonioushuman life. And that death is the same for bothof us. Then love may perhaps show me that mybrother is not really my enemy and that war isboth his enemy and mine. War is “our” enemy.Then peace becomes possible.

One of the great privileges of mediating is to beable, in some conflicts, to create a safe space inwhich the “othering” participants can reconnect, orconnect for the first time, if they choose to do so.Sometimes it is a “live and let live” kind ofconnection, and sometimes it is a genuinely profoundshift. When such a shift happens, it may affect thelives of many people who are not at the table, andit is always deeply inspiring to witness. For some, itis the core raison d’etre for becoming mediators.

So, it is sad to note that, in addition to the“othering” we observe in the world around us, somemediators or groups of mediators have also“othered” one another. This may be based on havingdifferent backgrounds, practicing in different venues,or having different approaches to mediation practice.While this is not the belief or the behavior of manyMaryland mediators, where it does exist, it is sadlyironic to see those who create connections in theirwork create separations in their field.

MACRO sees its mission, in part, as helping tocreate a more skilled and collegial mediationcommunity as well as a more civil and peacefulsociety. In 2006, MACRO participated in two eventsthat countered “othering” to some degree, and bothare featured in articles in this edition of theMACROSCOPE.

The Maryland Mediators Convention, a biennialgathering is one of our favorite conflict resolutionevents. The collaborative, inclusive way it is plannedand organized makes it very special. While MACRO’swonderful Public Policy Director, Ramona Buck, isthe driving force behind the Convention, any mediatorin Maryland is welcome to be on the planningcommittee or to propose a workshop and it wasgreat to see so many new faces at this past

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MACROSCOPE is published twice a year by the Maryland Mediation andConflict Resolution Office. We welcome your comments. Design/layout provided byMary Brighthaupt and editing assistance provided by Molly Kalifut, both of theCourt Information Office, Annapolis.

MACROSCOPERamona Buck, EditorMaryland Mediation and Conflict Resolution Office900 Commerce Road Annapolis, MD 21401410-841-2260; fax: 410-841-2261; email: ramona.buck@mdcourts.govVisit our website: www.marylandmacro.org

“Violence rests on theViolence rests on theViolence rests on theViolence rests on theViolence rests on theassumption that the enemyassumption that the enemyassumption that the enemyassumption that the enemyassumption that the enemyand I are entirely different...“and I are entirely different...“and I are entirely different...“and I are entirely different...“and I are entirely different...“

Thomas MertonThomas MertonThomas MertonThomas MertonThomas Merton

Convention. The event itself is entirely created by andfor Maryland mediators. Amazingly, 400 Marylandmediators registered to attend. What a testament to thevibrancy of Maryland’s mediation community!

The convention diminishes “othering” by bringingtogether mediators of all stripes to share, learn and celebrateas one community. The MPME, Maryland Program forMediator Excellence (see article in this edition), which isa quality assistance system created by and for all Marylandmediators, will do the same. And as the field evolves, welook forward to the mediation community, and others inthe wider ADR community, coming together to advancethe much needed art and craft of peacemaking.

The second anti-othering event was one of our ConflictResolution Day projects. We co-sponsored an event withthe American Visionary Arts Museum to help people gaina better understanding of Islam, and to spread skills thatpeople can use when confronted with racial, cultural orreligious “othering,” especially “othering” against Maryland’sMuslims. This is our third effort to help spreadunderstanding of Maryland’s Muslim communities inresponse to the post-9/11 anti-Muslim backlash. While

that backlash appears to have dwindled, theongoing media coverage of extremist Islamicmilitants with bombs has led some to believe, outof fear and ignorance, that all Muslims and peoplewho look like Muslims are terrorists. The event,called “A Muslim, a Jew and a Christian Walkinto an Art Museum Together,” was very successful,and MPT has made a videotape that we hopewill be shared with schools and other interestedgroups.

Speaking of wonderful events, we are veryproud of the amazing Lou Giezl, MACRO’sDeputy Executive Director. Lou has just beenelected to serve as the Chapters Director on theBoard of Directors of ACR, which is the nationalAssociation for Conflict Resolution. The voting wasdone by mediator members around the country.Lou’s brilliance and energy will be of great benefitto this organization, which has a local MarylandChapter, and chapters across the country andaround the world. Congratulations Lou!

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Guest Editorial

When I was trained as a divorce mediator 25years ago, one major issue that was drilled into myhead was that mediation is an activity, separate fromtherapy and separate from the law. It was not justthat mediators did not have to come frompsychology, social work, or the law, it was that theyshould not mix these functions even if they did happento come from these “professions of origin.” I tookthese words to heart. I understood that blending thesefunctions would not only confuse the clients for whomI was working, it also would confuse consumers,potential referral sources and the courts. I was told,and I believe, that the best way to explain mediationis to describe the role of the mediator and to beclear that mediation is not therapy, counseling, or thepractice of law.

In the very early stages of my practice, theMaryland State Bar Association Ethics Committee wasasked to review the work that non-attorney mediators

did, with regard to the “unauthorized practice of law.”We were cautioned by an Ethics Committee opinionthat we were skating on thin ice (not their language).We were told that by no means should we be writingcontracts for people, and there was even some questionabout writing memoranda of agreement (this documentis now referred to as a memorandum of understanding-M.O.U.).

Back in the 1980s (the early days for me),mediators—even lawyer-mediators with whom I dealt—would write a memorandum for their clients. Theywould send their clients out to other lawyers to havethe memorandum turned into a contract. As time hasgone by, things have changed. More and more lawyershave been trained as mediators.

More and more lawyer-mediators now writecontract agreements or separation agreements for theirclients. Their rationale is that they can write contractsbecause they are lawyers and they have done this manymany times before. They argue that this aids theirclients by providing one-stop shopping. It allows theperson who is familiar with the conflict and with theresolution to write an agreement/contract that is usefuland “fair,” not skewed, to both people. I, however,believe this is an inappropriate function for the lawyer,or for that matter, for the non-lawyer who is workingas a mediator.

Writing Contract AgreementsIn a similar fashion, I have concerns about the

parties in District Court, where day-of-trial mediatorsare writing agreements which are signed by the parties.So, why am I opposed to these people writingcontracts?

by Martin Kranitz, Mediator and Trainer

Martin Kranitz

Should Mediators

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I am opposed because I think it does not providefor an independent set of eyes (and mind) to reviewthe agreement for completeness, correctness, and legality.If it is the purview of the lawyer to write a contract,by virtue of his/her training, then it requires a lawyerwho comes to the contract with neutral eyes and anopen mind looking for loopholes and limitations.

More importantly, it mixes the role of the mediatorwith the role of a lawyer, thereby confusing theconsumer, the public, and the courts. This, I believe, isharmful to mediation. The same argument can be madefor therapist-mediators who provide counseling ortherapy for their clients. I agree that this also is aninappropriate behavior. I have chosen to focus hereon lawyer-mediators because I have not heard oftherapist-mediators providing therapy for theirmediation clients with the same frequency that I haveheard about lawyer-mediators writing contracts.

If we are to become a profession, then we shouldbe clear about what it is we do. We, as trainers andleaders in the profession, spend a lot of time tellingnew mediators (and students) that mediation is neitherthe practice of law nor the practice of counseling ortherapy, or indeed anything other than the practice ofmediation. How then can we condone the practice oflaw by a mediator? Some may argue that when thecontract is written the mediation is over, therebyimplying that another professional function can takeover. However, what happens if the parties return forfurther negotiation? What happens if the parties returnbecause they are unhappy with the details of contractor its enforceability? What is the role of the mediatorat that point? It seems simple enough to me. Mediatorsprovide mediation services; Lawyers provide legalservices; Mediation is not the practice of law; Q.E.D.,lawyer-mediators should write unsigned memoranda ofunderstanding, not contracts.

Mediation is notthe practice of law;Q.E.D., lawyer-mediators shouldwrite unsignedmemoranda ofunderstanding, notcontracts.

Write Contracts?

Finally, what about the concern that one lawyer cannotrepresent two parties? Does the lawyer-mediator whodrafts an agreement for both mediation participants thenrepresent both parties? Is that a conflict of interest forthe lawyer-mediator? And, if not, why has there beenso much opposition to the concept of an “advisoryattorney,” the neutral attorney who reviews an M.O.U.and drafts a separation agreement on behalf of bothparties while representing neither?

The job of the mediator is to help facilitate aconversation and possibly memorialize the outcome withan MOU, not to write contracts. I hope that, uponreflection, you will see my point and that you will joinwith me in not drafting contracts for your mediationclients.

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Mediation and

With this article, we continue the dialogue on the topic ofmediation and money begun by Linda Toyo Obayashi’seditorial in the September 2005 issue and supported byRoslyn Zinner in her letter to the editor in the June2006 issue. Lorig Charkoudian now presents a differentperspective. – Ed.

There is an underlying tension that is sometimesconfronted directly and often hinted at andwhispered about at mediator meetings in Maryland.It is the tension around participants paying for, ornot paying for, mediation, and the implication ofthis dichotomy on relationships among privatepractitioners and community mediation centers. Ihope to continue the dialogue with this article frommy perspective as a community mediation advocateand as an economist with an

interest in decisions around provisionof services with “positiveexternalities” (this is an economist’sterm meaning that when person Auses a service, person B benefits fromthe fact that person A used theservice).

In dialogue about how participantsin mediation value the service, theidea that “people value what they payfor” is often stated as though it werefact. As a product of public education,a regular user of the public library, afrequent player in playgrounds andparks, a fan of public radio, andsomeone who has called the policeand fire department, I must challengethis assumption. In fact, I find thatsome of the finest journalism is onpublic radio, some of my family’s

favorite recreation is in public parks, my public educationprepared me well for the world, and I was relieved bythe fire department’s ability to put out the fire. I was notbilled directly for any of this, and I feel grateful forservices I received.

Free Services CanEnhance Value

Another assumption is that the provision of freemediation is detrimental to the ability of privatepractitioners to succeed in their business ventures. Assomeone who listens to commercial radio stations, purchasesbooks in books stores, and pays for recreationalopportunities, I would challenge this assumption as well.

As these other commercial venturesmodel, there is clearly both a placefor people to pay for mediation aswell as a place where people mightaccess it at no cost. In fact, the societalvalue of education reinforced by acommitment to public educationincreases the amount some people willpay for private education. Who hasn’ttaken a book out of the library andappreciated it enough to purchase a fewcopies for others as gifts? Because ofthe joy parents see in their children whilethey play in public playgrounds, thoseparents purchase jungle gyms for theirbackyards. These free services exist handin hand with and support the fee forservices, rather than competing withthem. Free mediation may actually createmore of a demand for the service ofmediation and thus help bring businessto the private practitioners.

By Lorig Charkoudian, Executive DirectorCommunity Mediation Maryland

Lorig with her childrenAline and Raffi

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This leads us to the public policy question—why, in acapitalist society, are there services provided for free andpaid for by taxes, rather than provided through the freemarket alone? Even in a capitalistic society, it has beendetermined that there are “positive externalities” to education,access to information, recreation, and safety. The theorybehind positive externalities is that there is both personalbenefit and societal benefit as a result of the consumptionof the product/service. For example, not only do thosepeople who are educated benefit from the education, butsociety as a whole is better off because everyone has accessto education regardless of their ability or willingness to pay.Not only is the person whose house stops burning helpedby the fire department, but the folks next door and downthe street are also protected. When one individual receives avaccination, they personally benefit from being less likely tobe sick. However, all of society also benefits from thedecreased likelihood of that person being sick and spreadingthe disease.

Society BenefitsThe problem with letting the free market determine how

much of the good should be produced and consumed isthat an individual will only purchase the amount of thegood equal to his/her personal value of it. The value tosociety that would result with higher use is not usuallyconsidered at the individual level. One public policy solutionto ensure the optimal amount of production andconsumption of a good/service to benefit society as a wholeis the use of government subsidies. This can offset the costand can encourage greater consumption than would occurwithout government intervention.

When we consider the “cost of mediation,” it isimportant to consider both the financial cost as well as theemotional cost. Given the way our society regards conflict,

it can be very difficult to sit down and talkface to face with someone with whom one isin conflict. Since our culture tends to look toexperts for answers and to seek quick fixes, itcan be frightening to take responsibility for one’sown solutions, and to take all the time necessaryto develop those solutions collaboratively. Again,I can speak from personal experience. I haveused mediation several times, and even knowingwhat I know from years of experience as amediator, I was an emotional wreck as Iprepared to deal with my own conflicts inmediation.

The total cost, then, of using mediationincludes the emotional costs, which cannot bemeasured directly, the opportunity cost (missedwork, missed time with family, etc.), and anyfinancial cost on top of that. The governmentand charitable subsidy of the financial cost(including provision of services by volunteermediators) may bring the total cost down to alevel where consumers are more likely toconsume the socially optimal amount ofmediation.

I am hopeful that the mediator communitycan continue this conversation in a way thatbuilds understanding. Ultimately, I believe ourfirst commitment is to build a peaceful society.We must ensure that the systems we develop toprovide mediation services recognize the ripplebenefits of mediation, the non-monetary coststhat participants “pay” to participate in mediation,and the fact that we can create value for peacethat goes far beyond the financial.

Money

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Maryland joined with the Association for Conflict Resolution and dispute resolution advocatesacross the country to celebrate National Conflict Resolution Day on October 19. MACRO organizedtwo statewide celebrations while community mediation centers throughout Maryland showcasedtheir services and promoted peaceful conflict resolution at the local level.

Chief Judge Robert M. Bell of the Court of Appeals started the day welcoming more than150 participants to an early morning workshop co-hosted by MACRO and the American VisionaryArt Museum. The event brought together Jewish, Muslim, and Christian spiritual leaders for a paneldiscussion regarding post-9/11 emotions and biases and the need for stronger support systemsacross religious and ethnic lines. Moderated by WYPR’s Marc Steiner, panelists and presentersincluded Rasheda Forman Bey, Rev. William Bolin, Lobna “Luby” Ismael, Rebecca Hoffberger andRachel Wohl. After an engaging discussion, participants divided into small groups to reflect upontheir own experiences with prejudice.

In addition, MACRO sponsored a conflict resolution themed art contest for K-12 studentsacross Maryland and received more than 300 impressive entries from youngsters all over the state.The students’ artwork touched on the nuances of conflict resolution and peace making from theinternational to the individual levels, complete with references to the war in Iraq and playgroundbattles at home. During a reception on Conflict Resolution Day, Judge Bell presented awards tofirst, second, and third place finalists in elementary, middle, and high school categories. All theentries were on display at the Courts of Appeal Building in Annapolis until the beginning ofDecember.

Across the state on October 19, community-based mediation programs held education, awareness,and “open house” events. Centers stressed the importance of helping people take control of theirown conflicts to achieve satisfactory resolution without violence or court intervention. Programshonored their volunteers, celebrated their partnerships with supportive organizations at the locallevel, and displayed Conflict Resolution Day proclamations from the governor and numerous localofficials.

Truly a memorable coalescence of events, Conflict Resolution Day 2006 highlighted theimportance of bringing people together to advance the art, craft, and community of peace-makingin Maryland. We at MACRO are grateful for the enthusiasm and support shared by so manyMarylanders celebrating this important day.

A Jew, a Muslim and a Christian walk into an art museum together…. no joke

Maryland CelebratesNational Conflict Resolution Day

By Lou Gieszl, Deputy Executive Director, MACRO

A Statewide Celebration

of Art, Community and

Cross-Cultural Connections

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MACROMACROMACROMACROMACROSCOPEDistrict Court ADR ... from there

to here, and beyond

Jonathan S. Rosenthal, Executive Director, District Court ADR Program

What would you say are the top two continuingissues when it comes to court sponsored ADR programs?

. . . Wow, I heard a lot of different answers outthere. Here at the ADR Office of the District Court ofMaryland, we are concerned with many of these issues.And over the next six to 12 months, we hope you willsee the strides we will be taking to address them. So, letme see if I can respond to what I heard from you, inno particular order.

Quality of process(and quality of the neutral)

At District Court, we deal with landlord tenant cases,contract disputes, and neighbor-to-neighbor conflicts,among others. Whether it is a settlement conference ormediation, pre-trial or day of trial, we strive to makesure that each litigant is provided high-quality service thatmeets his/her needs. Several things make this particularlychallenging for our programs.

Our first challenge is that our ADR roster iscomposed of mediators and settlement conferencefacilitators with a wide range of experience andbackgrounds. While we have many experienced neutrals,some of our volunteers have just completed “beginner”mediation training, and they are looking for ways to getexperience.

To help with our initial assessment of a neutral’sskills, we require new mediators to observe at least twomediations with a more experienced and skilled volunteer,and then to be observed at least twice. But this is onlythe beginning. In the coming months, we will be planningskills building and refresher programs for our ADR roster,including specialized skills building programs as well asworking with the Maryland Program for MediatorExcellence (MPME).

The second and equally important challenge is thatour mediators and facilitators are volunteers. They

recognize that one of the best ways to improve atour craft is to practice and learn from eachexperience. While there is no money to pay fortheir time and energy within our program, we hopeour neutrals take advantage of the experience theyget from participating in our programs. Of course,after accumulating this experience, some of ourvolunteers go on to other programs, and we mustreplenish our rosters. I am grateful both to thoseexperienced volunteers who stay with us, and toour partnerships with community mediationprograms. It is the dedication of those two groupsthat has become the backbone of our ADRprograms.

Access to servicesin more locations

Providing high quality services is nothing without theprovision of access to those services. With its 34 locations,the District Court of Maryland should be able to servevirtually any state citizen. And because the ADR Office ofthe District Court has partnerships with community mediationprograms, access to our ADR programs is increased. In thecoming months, we will be working to grow existingpartnerships and to form new partnerships. Doing so permitsus to provide high quality services, both day of trial andpre-trial, to more litigants, and it helps teach the Marylandcitizens about mediation and its benefits. Perhaps the nexttime they have a conflict, they may choose to try mediationat a community mediation center first. Access to servicesgrows as our partnerships grow.

Visibility of programsContinuing with MACRO’s initiative of increasing public

awareness of ADR, the District Court ADR Office hopesto expand the visibility of the programs we offer. Wouldn’t

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Jonathan Rosenthal

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it be great if, at the time of filing a complaint in the District Court, or shortly thereafter,the litigants were informed of their ADR options? We also think it would be great if peopleknew of these options even before they became “litigants.” We want to provide the consumersof court services a complete list of the services available to them, the benefits of each, andthe suitability of each. Posters and brochures in a courthouse are a great start, but we mustwork harder to find ways of getting the message to the public in a way that is cost-effective,and most important, noticeable.

The right process for the right caseIn other publications, I’ve written about the need to distinguish between the two ADR

processes of mediation and settlement conferences. This is important for several reasons, butthe most important is not to confuse consumers regarding our services. It would be a shameto send a consumer into a settlement conference, but have it called mediation. The damageresulting from that situation is that the consumer leaves the room thinking that mediationis about the neutral cajoling and persuading the parties to compromise on a specific result.You and I know that this is not mediation. The District Court ADR Office takes this issuevery seriously.

One of the first things we have done is to stop using a process called “settlementconference facilitation,” as defined previously in our office’s literature. Instead, we have movedback to settlement conferences, as defined in the Maryland Rules of Civil Procedure, Title 17.We believe this creates a much clearer distinction between two very useful processes, mediationand settlement conferences. We believe that both processes are useful, and both have theirplaces. We want to see if one process or the other works better in certain situations. Somefactors to be considered in determining which process to use: only one party is represented;neither party is represented; all parties are represented; contract disputes; torts; replevin actions;etc. We will be trying to see if such statistical distinctions exist.

Appreciation for volunteersAs noted earlier, our volunteers represent the backbone

of our programs. Because the cost of filing a suit in theDistrict Court is relatively low, it is not likely the courtwill begin to ask litigants to pay for services that arecertainly valuable but which might double or triple thecost of the lawsuit. Benefits to the volunteers includereceiving valuable experience, receiving additional trainingand being able to provide an important service to thecommunity. We’ll continue to look for ways to say “thankyou” to our volunteers. We couldn’t provide ADR tocitizens through the District Court without them.

Whew! Sounds like we have a lot to do. I guess we’dbetter get busy.

Benefits to thevolunteers includereceiving valuableexperience, receivingadditional training, andproviding a service tothe community.

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Baseball and MPME, from 3

Fisher Cats, first place was won by Jean Whyte, second place by Pat Bendross, and thirdplace by Sue Rose.

In Frederick at the Harry Grove Stadium, while the Frederick Keys played the LynchburgHillcats, Steve Moss was awarded first place, Cindy Faucette, second place and AnitaWilliams, third place.

And, at the MPME kick off game at Ripken Stadium in Aberdeen on a chilly night inearly September, the Aberdeen IronBirds won against the Vermont Lake Monsters. LorigCharkoudian won the prize that night due to her commitment and fortitude during aweather delay and a long game.

Following are three of the winning answers to the question: What do baseball and theMPME have in common?

The MPME is like each position on the ball field. The positionsrepresent the different branches on the MPME tree. Each positionoffers something different, each is equally important and carries adifferent responsibility. Each position relies on the others. You neverknow which position might be in play at a given time.

Jean Whyte

Both mediation and baseball involve two parties coming togetherand resolving their differences in an agreed-upon process.

Steve Moss

Top Ten Things Baseball and MPME have in Common:

10. Both regionally based throughout the state9. Always in training8. Code of ethics7. Coaching, feedback, mentoring6. Both have training standards5. Success is based on performance4. Umpires and mediators (supposedly) neutral3. Both always looking for fans2. Good looking bunch of folks1. MACRO hosts great gatherings for both

Michele Ennis-Benn

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Orphans' Court cases, from 2

mediation conference statement form that eachparty must complete and provide to themediator at least five days prior to the scheduledmediation. This statement is not shared withopposing counsel, nor does it have to be filedwith the Register of Wills. No judge will haveaccess to this conference statement. If the disputeis settled, a completed settlement order mustbe filed with the Register of Wills no later thanfive days after completion of mediation. Inaddition, the mediator files the ADR data sheetgiving the court some generic statisticalinformation on the success of the mediationsession to the Register of Wills within sevendays of the last session. There is also aparticipant evaluation form that we ask theparties to voluntarily complete regarding theirthoughts on the mediation process and whetherthey saw it as a helpful alternative.

ABA Ninth AnnualSection of Dispute Resolution ConferenceApril 25-28Omni Shoreham HotelWashington, D.C.www.abanet.org

AFCC 44th Annual ConferenceChildren of Separation and Divorce:The Politics of Policy, Practice and ParentingMay 30-June 2Capital HiltonWashington, D.C.www.afccnet.org

This court began referring cases to mediation in thesummer of 2004. Since its inception, the Baltimore CityOrphans’ Court has referred approximately 40 cases formediation, with 75 percent of those being successfullymediated. We now would like to increase the number ofcases being referred.

For the futureI am delighted that the Orphans’ Court for Baltimore

County, under the direction of Chief Judge Theresa Lawler,has also implemented a mediation program, and I washappy to be able to share our materials with them. In thefuture, I hope to see mediation available in every Orphans’Court in Maryland. Courts that do not have this alternativeyet are missing an opportunity to provide a valuable serviceto the litigants that come before them.

MACRO has been a strong supporter of our project,and I would like to thank them personally for helping tomake mediation a reality in the Orphans’ Court forBaltimore City.

Center for Alternative Dispute Resolution20th Anniversary Celebration and Annual ConferenceJune 20-22Martin’s CrosswindsGreenbelt, MDwww.natlctr4adr.org

Upcoming Events

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This past summer I was able to participate as an internat MACRO. I am a student in the master’s degree programat the University of Baltimore’s Center forNegotiations and Conflict Management wherea 150-hour internship in the field of conflictresolution is one of the requirements of theprogram.

Although I had been interviewed beforebeing accepted into MACRO’s summerprogram, I didn’t know quite what to expectbecause the program is somewhat unusual.Rather than working on just one project, theinterns were asked to contact managers of anumber of different projects that had beenfunded by MACRO. We spoke or met withthe project managers directly to try to findout what had gone well, what had gone lesswell, and about the “lessons” they had learnedfrom their projects. Some of the ADRproject managers I contacted were with twocircuit court programs, a labor commissionproject, a county human relations commissionprogram, a senior citizen mediation project, and theMaryland Department of Transportation.

In my report to MACRO and the grants committee, Iindicated that according to all my project managers,MACRO is doing a spectacular job, overall. However,they did have some good suggestions. One of these is theneed for MACRO to provide a batch of sample formsfor mediation or ADR programs—intake forms, clientexit surveys, agreement-to-mediate forms—all the formsthat make up the administrative backbone of any program.Rather than having to start from scratch, the programmanagers I talked to wanted to benefit from what hadalready been done, in this regard. Another issue that theproject managers mentioned to me is the need for help in

The Life of a Summer Intern at MACROBy Mohammad Akbarieh,

Master’s Degree Student, University of Baltimore

gaining recognition for their programs. If MACROcould help them publicize the good ADR projects

they are conducting so that theheads of their agencies see themas really valuable, this might behelpful in mainstreaming their ADRprograms for the future.

We interns attended weeklymeetings with Ramona Buck, PublicPolicy Director. This was valuablein order to interact, to discuss anyproblems, and to share what wehad learned in the past week. Wealso had the opportunity to attendconflict resolution workshops ormediation trainings. For example, Iattended the annual ADRconference in Greenbelt run by MarvinJohnson's Center for Alternative DisputeResolution, and I enjoyed it immensely.

However, perhaps the best benefit ofthe internship for me personally was that

I was able to work intensively for a time within theMaryland Department of Transportation's (MDOT)Office of Fair Practices regarding their in-housemediation program. Because of the time I spent withMDOT, I was able to make a valuable connectionwith one of the MDOT managers one day over lunch.Through that connection, I was able to find a one-yearpaid internship with the MDOT contracts andprocurements division, and I began that paid internshipin the fall.

So, through my internship at MACRO, I was ableto learn many things about the conflict resolution field,including some of the challenges of the field, and evento land a job. It doesn't get much better than that!

courtesy Mohammad Akbarieh

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A Town, a Crusher and a Conflict

By Ramona BuckPublic Policy Director, MACRO

There is a stone quarry near the picturesquetown of New Windsor in rural Carroll County.In the fall of 2004, the company that owns thequarry wanted to install a 400-ton per hourstone crushing and screening plant at thequarry, and submitted an air quality permit requestto the Maryland Department of the Environment(MDE). Many citizens attended an MDE meeting,expressing strong objections to the stone crusher.MDE then contacted the Maryland Mediation andConflict Resolution Office (MACRO).

“Many of the concerns raised by the citizenswould not be addressed in an air quality permitfor the crushing plant,” said Karen Irons ofthe Air and ManagementAdministration (ARMA) ofMDE. “Air quality permitsdon’t cover such things astruck routes, noise, the effecton well water, impact onproperty values, or the dayto day operations of theplant.” MDE did not needthe support of the citizensin order to issue a permit;however, MDE officialswanted to respond to thecommunity’s concerns.

In this same time period,MACRO had asked LindaSinger and Michael Lewis totrain experienced Marylandmediators in the artof facilitating multi-party,complex-issue public policy cases. The stone quarrydispute presented an opportunity for a team towork on an actual case.

The company director agreed to participate inthe facilitation to improve and strengthen thecompany’s relationship with the community. Headedby Roger Wolf, the facilitation team gatheredinformation and then held a group meeting in July2005 at the New Windsor fire hall.

About 25 people attended, including two citizens’groups, the mayor, the town council, representatives fromthe MDE, and company representatives. A list of issueswas generated, and individuals volunteered to gatheradditional information.

Roger Wolf and his team facilitated a second meetingon August 25, and some general agreements wereformed, including truck routes, blasting hours, and futurecommunication protocols with the company. After smallgroup meetings, and after citizens expressed support forthe agreement, it was signed by the company plantmanager and by New Windsor’s mayor in early 2006.

While not all of the concerns were addressed, therewas a high level of satisfaction among many who

participated. The final hearing onthe matter was a relatively calmaffair and the permit was issuedby MDE.

This past summer, a com-munity leader commented thatregular communication betweenthe citizens and the company hascontinued, and that the citizengroups are now focused onother more pressing issues. In amore recent development, KarenIrons reports, “When there wasa change in ownership of theplant in the summer of 2006,there were no citizen challenges,and a new permit was issued tothe new company on August 31,2006. The plant started operatingin September 2006.”

This project illustrates how a facilitated collaborativeapproach to a significant community conflict can resultboth in an agreement and in better ongoing relationships.

The facilitation team for this case was composed ofBob Baum, Joyce Mitchell, Brian Polkinghorn, CaryleVictor, and Roger Wolf.

This project illustrateshow a facilitatedcollaborative approachto a significantcommunity conflict canresult both in anagreement and in betterongoing relationships.

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Jonathan Rosenthal portraying theMaryland Program for MediatorExcellence's 'tree of opportunities'

The third Maryland Mediators Convention was held Friday, December 1, 2006 at the MarylandMaritime Institute in Linthicum. An excited bevy of 400 Maryland mediators attended, eager toparticipate in an event that celebrates the Maryland mediator community.

The next Maryland Mediators Convention will be held in December 2008.

Maryland Mediators Convention 2006

Rachel Wohl directing the “Mediators’ Chorus”

picture courtesy of Lisa Cameron

L-R: George Spangler, Merle Rockwell, andHomer La Rue

picture courtesy of Jonathan Rosenthal

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In the last few years, it had become quiteapparent to those of us in Maryland stategovernment that the lack of work-force housingwas reaching a tipping point. The divergencebetween the escalating cost of moderatehousing and the much smaller proportional risein take-home pay was widening. In late 2005,then-Governor Robert L. Ehrlich, Jr. created anExecutive Task Force on Work Force Housing,naming the secretary of the Maryland Departmentof Planning, (MDP) Audrey E. Scott, as thechairperson. In January 2006, under GovernorEhrlich’s direction, she assembled a 13-membertask force of people with extremely diverse

background and interests. The Governor’s chargeto the group was to analyze the situation, receiveinput, data and information, and create solidrecommendations for improvement of the situation,all to be accomplished within six months.

MACRO Funds Facilitation of Governor's

By Ruth Mascari, Project Manager, Workforce Housing,Maryland Department of Planning

Need for facilitatorSenior planners at MDP looked at the timeframe and

the diversity of the group and quickly recognized theneed to join forces with a facilitation firm. TheDepartment of Planning applied to MACRO for a grantto underwrite the cost of the facilitators. Following thestate procurement process, MDP publicized the project,received bids from three firms, and chose the BickermanGroup. The department used the firm to manage andfacilitate each meeting, to write and provide minutes fromthe meetings, and also to create, in collaboration with oneof the senior planners, a draft of the final report.

Secretary Scott convened the first meeting, hosted byGovernor Ehrlich in the Governor’s Reception Room inthe State House. The members came from many walksof life—teaching, law enforcement, residential buildingcompanies, and local elected government, to name a few.Due to the large and successful outcome of BaseRealignment and Closure (BRAC) in Maryland, theGovernor also had asked that a U.S. Army commanderfrom Fort Meade act as a liaison to the group. Thefirst—and actually quite critical step—was the establishmentof ground rules to determine the basis for the conductof each meeting and indeed the process as a whole. Thefacilitators elicited ideas from the members on groundrules, which were developed as follows:

The group would come to decisions by consensus.The meetings would be held in each region ofthe state.Work sessions would be open to the public forobservation.Citizens would be part of each meeting and wouldbe given an appropriate amount of time tobe heard.

Using outsidefacilitators to buildan image of the

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Recommendations would be generated throughoutthe meetings.All contributions from group members would beheard and accepted without criticism or attribution.

The task force members then created a time scheduleand chose the meeting sites around the state. The facilitators,working in concert with the MDP project manager,established agendas and enlisted a variety of guest speakersand panels to present data, information, and a depictionof the existing workforce housing situation in the state.

Initial draftIn late Spring of 06, based on the work of the group,

the MDP planning staff created an initial draft of thereport. The facilitators reviewed the draft and provided adraft final report to each member for input. Facilitatorsthen edited and analyzed as a second set of “eyes” theinterim final report.

On July 10, Secretary Audrey Scott presented the finalreport, “Image of the Possible” to the governor at acabinet meeting in Frederick. It included 20 clear andpractical recommendations organized in three categories:

1. Those that can be implemented by the state alone;2. Those that require coordination among state agencies,

local government and interest groups; and3. Proposals that require legislative action.The final report is available on the MDP website at

www.mdp.state.md.usThe well-integrated involvement and relationship of

the facilitation firm with the task force members andMDP planners was a significant factor in the timely andeffective creation of the report required by the governor’sexecutive order.

The facilitation team, John Bickerman and MollyDeMaret-Tahu, of Bickerman Dispute Resolution,comment on their role in this process:

“Given the tight deadline, it was importantfor the MDP project manager and facilitatorsto work together quickly to create a sharedbase of knowledge about the issue fromwhich the group could begin working todevelop informed recommendations.

While the complexity of the issues—including land and infrastructure costs,transportation and zoning issues, a rapidlygrowing population, and environmentalconcerns, to name a few—could seemoverwhelming to the group at times, we wereable to assist the task force members tofocus on the ideas that they felt would bestimpact the problem in both the long andshort term.

As the complexity of the problem becameapparent, it also became clear that differentcounties and localities in Maryland facedifferent challenges in providing workforcehousing. Consequently, the best approach toaddressing these challenges would be to createa toolbox of recommendations for them towork with. We encouraged the group to thinkbroadly and creatively and to strive todevelop a list of final recommendations thatwere not just acceptable to all members, butwould be actively supported by them.

Because of the limited time frame, muchof the debate and input took placeelectronically. We were able to assist bymanaging these communications, providingdrafts and revisions as necessary, and workingto make certain that all members’ perspectiveswere heard and considered.

We think that the use of outsidefacilitators allowed Secretary Scott and herstaff to focus on listening to the group andto bring their own expertise to bear on theissues rather than attempting to juggle multipleroles or to maintain a sense of neutrality.”

Task Force on Workforce Housing

900 Commerce RoadAnnapolis, MD 21401www.marylandmacro.org

staffRachel Wohl, Executive DirectorLou Gieszl, Deputy Executive DirectorRamona Buck, Public Policy Director

Alecia Parker, Budget and Grants DirectorCheryl Jamison, Quality Assistance DirectorEileen Bannach, Administrative Assistant

MACRO posters still available. Free to all withinMaryland. Go to the MACRO website:marylandmacro.org and click on the poster in thetop right corner to view posters and to order online.

CALL THE MARYLAND JUDICIARY ’S

Mediation And Conflict Resolution Officefor more information

410-841-2260 • www.marylandmacro.org

SMALL CLAIMS DISPUTE?

MEDIATION: IT ’S YOUR SOLUTION

Produced by the Maryland Judiciary’s Mediation and Conflict Resolution Office • © MACRO 2005 • Reproduction and/or alteration, without written permission, is strictly prohibited. • www.marylandmacro.org

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