In This April 2008 Issue:

• NYSDRA Launches Dynamic New Website
• Unstable Ground: Reaction to Hauzinger v. Hauzinger
• "Effective Conflict Management"  
• Construction Mediators and Arbitrators Need to be Construction Experts
• Mediation Matters Facilitates Public Participation Process
• NYSDRA Launches Two New Membership Categories
• NYSDRA's 2008 ADR Day and Award Luncheon
• NYSDRA Seeks Program Manager for Agricultural Mediation Program
• Article RFP: Write for NYSDRA
• Events
• Careers

Not yet a NYSDRA member?
Go to www.nysdra.org/membership/membership.aspx for information on the many benefits NYSDRA membership offers. Join as an individual for only $55 per year! Student and organizational meberships are also available.

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NYSDRA Launches Dynamic New Website

NYSDRA’s new website was launched on April 5, 2008!  Visit http://www.nysdra.org to check out our improved design and explore the dynamic functionality of the new site.  Members can log into the members only section to update their profile and take advantage of member benefits. Our Online Provider Search Tool is now more advanced, connecting consumers with members who offer services to the public. Haven’t gotten your listing yet? It’s available for purchase right on the new site! (CDRC and Organizational Members receive this benefit free of charge.) Another improved feature to the site is the ability to post events and job listings. Any questions about the new site can be directed to Dan Merkt, Director of Marketing and Communications at dan@nysdra.org.

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Unstable Ground: Reaction to Hauzinger v. Hauzinger
By Emily Menn, Esq., NYSDRA Director of Education & Professional Development

Though rare, earthquakes have occasionally surprised New Yorkers: shaking us awake to confront an unexpected crisis.  We live complacently and rarely worry about the fault lines that undermine our work and daily lives.  When crisis comes, we experience the panic of the unprepared.  

In September 2007, the New York mediation community felt our foundations shake.  A decision by the Fourth Department of the Appellate Division in Richard M. Hauzinger v. Aurela G. Hauzinger, 43 AD3d 1289, 842 NYS2d 646 (4th Dept. 2007), questioned mediation’s protective layer of confidentiality.  The field’s reactions immediately rippled out through professional organizations and email listservs. (read more)

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“Effective Conflict Management”
By Tonya Cannon, Accent Dispute Resolution Services

As an HR professional with over 14 years of experience, when asked what I do for a living, I often have to resist the urge to say that my occupation is running an adult day care center.  Everyone encounters conflict on a daily basis but the trick is learning how to handle the conflict successfully.  In order to do that in a workplace setting, or anywhere else for that matter, you should never ignore the conflict in hopes that it will just go away, you should try to turn the situation into a positive whenever possible, and the lines of communication have to be clear between you and the other parties involved.  Communication can be a catalyst both towards a positive outcome as well as towards a disastrous one.  So, how do we reduce the chances of the disastrous outcome? (read more)

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Why Construction Mediators and Arbitrators Need to be Construction Experts
By Peter G. Merrill

The Alternative Dispute Resolution (ADR) industry has long been advocating that mediators and arbitrators (ADR Specialists) need only to be trained and experienced in process skills and it was not necessary for specialist to have any specific knowledge concerning the issues in dispute.  It was helpful for the ADR Specialist to have a limited knowledge of the issues but not necessary.  I have heard many times that “A good mediator is a good mediator” and can assist the parties in coming to a satisfactory resolution to their dispute.  In many cases, that is true.  The ability of an ADR Specialist to listen to the parties, use reason and understanding is indisputably key to be an effective mediator or arbitrator.  When dealing with disputes related to general business decisions, divorce, matrimonial issues, family matters and other general disputes, well-trained and experienced ADR Specialists can be very effective in helping the parties come to a final resolution to their dispute.  Construction is another matter. (read more)

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Mediation Matters Facilitates Public Participation Process
By Peter Glassman, Executive Director, Mediation Matters

Mediation Matters, a Community Dispute Resolution Center (CDRC) based in Albany, recently partnered with the Greene County Industrial Development Authority (IDA) to design and facilitate a public participation process on the topic of proposed development projects at Exit 21B in the Town of New Baltimore.  The IDA, the primary force behind the proposed development, approached Mediation Matters specifically due to their experience in facilitating public dialogue. (read more)

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NYSDRA Launches Two New Membership Categories

NEW Organizational Membership Category
Are you employed by a dispute resolution business, law firm or human resources department? If so, NYSDRA is here to help. Our new Organizational Membership option provides institutions and organizations with resources they need to promote their dispute resolution services and keep abreast of changes in the field. Human resource professionals can gain insight into how best to resolve conflicts in the workplace.

Since 1985, NYSDRA has proven itself to be a strong leader and beneficial resource for professionals in the dispute resolution field. The growth in this field has been phenomenal as providers realize that offering alternatives to litigation is increasingly appealing to consumers. As more and more companies offer these services, the need for centralized, organized information is apparent. This is where NYSDRA can be a valuable and reliable resource for organizations.

The Organizational Membership category is available to any for-profit or non-profit institution or organization consisting of two (2) or more individuals which subscribes to and supports the purposes of NYSDRA, and is not one of the sixty-two CDRCs within New York State. These members are eligible to receive up to three registrations at a discounted rate for all NYSDRA sponsored events including training, social networking and other activities. NYSDRA regularly provides useful information to its members via e-News and its website which can assist organizations in promoting, growing and profiting from its dispute resolution services. Other NYSDRA benefits, including discounts on insurance and other products, are also available to Organizational Members. A complete list of benefits is available at www.nysdra.org.

If you are not yet a NYSDRA member, we urge you to consider a NYSDRA Organizational Membership for your company. If you are already a NYSDRA Individual Member, take a look and see if your company could benefit from this new option when it’s time for you to renew.

NEW Student Membership Category
Are you a student interested in the field of dispute resolution? Are you looking for information on how to enter the field? NYSDRA is here for you! Our new Student Membership category is poised to address students’ needs and bring them successfully into the dispute resolution profession.

The Student Membership category is available to anyone who is enrolled as a full or part-time student in an undergraduate, graduate or doctoral program and has an interest in dispute resolution. NYSDRA is working to develop a mentoring program that will link Student Members with seasoned professionals in the field who can assist them in getting a jump start to their careers. NYSDRA also offers various informational resources, training and networking opportunities that will prove invaluable to newcomers to the field. Other member benefits, such as product discounts and opportunities to hone leadership skills, are also available to Student Members. Check out www.nysdra.org for a full list of benefits!

If you are currently a student with a NYSDRA individual membership, and would like to switch to a Student Membership, you can do so at your next renewal time.

Questions? NYSDRA’s Director of Member Services and Event Planning, Alison Ritchie, is available during work hours to help you decide which membership is right for you. Feel free to contact her at 518-687-2240 x 206 or at alison@nysdra.org

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Disclaimer: The articles in this newsletter are the views of the author and do not necessarily reflect those of the New York State Dispute Resolution Association (NYSDRA). We welcome your comments and article submissions. NYSDRA reserves the right to not publish articles that it feels inappropriate. Please send your comments and articles to dan@nysdra.org

Copyright © 2006-2008 . NYS Dispute Resolution Association, Inc. All Rights Reserved.