Meditation And Dispute Resolution (180 hours)

Course Overview/Description

This online Mediation and Dispute Resolution program is offered in partnership with the Institute for Advanced Dispute Resolution™. Mediation is a formal process of negotiation which uses a third-party neutral who has limited or no authoritative decision-making power to facilitate communication among the people who are involved in the conflict or dispute. The mediator establishes the ground rules for the process, recognizes the needs and wants of each party and plays a pivotal role by assisting the people involved to focus on the real issues of the dispute. Through the use of specific skills, the mediator is able to settle disagreements among conflicted parties, even in cases where deep rooted tensions have not responded to initial attempts at negotiation. An outcome is reached that is mutually accepted and owned by the parties as a result of the mediation process.

With the evolution of this new career, states and courts are increasingly demanding that mediators be trained. This online training program will give you the educational background you need to break into this fast-growing field. Students will be required to take a Core Mediation course and will select two specialty courses from the following: Divorce and Child Custody Mediation, Workplace Mediation, Healthcare Mediation, Construction Mediation, Advanced Mediation Practice, and Arbitration.

The Mediation and Dispute Resolution program consists of the three courses. Each student will be required to take the Core Mediation course and then select two courses from the list of five electives. Each course is described briefly below:

CORE Mediation (Required) The Core Mediation course provides the core skill sets necessary to begin a new career as a mediator and help disputants take charge of their own destiny. The course presents an overview of the mediation process, including the application of negotiation techniques, the critical issue of timing, the usage of caucuses, as well as other tools to deal with impasses in the process. Students will also become adept at communication by learning essential people skills, such as reflective listening and the handling of critical moments in mediation.

Students will select 2 courses from the following:

Divorce and Child Custody MediationDivorce and child custody mediation is perhaps the fastest growing field within the mediation profession. More separating couples are being directed to mediation than ever before, which is why the demand for mediators specifically trained in this area is strong. Students will get an overview of the field of family dispute resolution followed by an exploration of family systems theory and development. The course will present legal and financial concerns of divorce, including how to work with attorneys and how to help couples with asset division. Special issues such as domestic violence, mental health concerns, and child abuse are also covered. The course will also discuss the issues concerning children, including how divorce affects kids, how to negotiate parenting plans, and how to actually work with children and teens in mediation. Mediation skills specific to divorce mediation and an overview of non-divorce cases such as lesbian and gay relationship dissolutions, pre-nuptials, teen parent issues, and grandparents in mediation, conclude this course.

Workplace Mediation
The high costs of workplace conflict are driving companies and regulatory agencies such as the EEOC to use mediation and other conflict resolution practices in the workplace, making workplace mediation an emerging specialty within the field. This course begins with an overview of workplace conflict and the costs involved for companies, tips on how to handle difficult workplace behavior and a summary of informal and formal arbitration practices in the workplace. The actual process of planning workplace mediation and moving through the mediation from start to finish is covered. Students are then asked to participate in telephone role-play mediation with two other students to try their hand at mediation. The more common workplace mediation issues of civil rights, sexual harassment, and disability disputes will be presented, as well as special issues such as power and emotions along with cross-cultural and multi-party cases. The program concludes with a presentation of the emerging concepts of appreciative inquiry and its application to workplace disputes.

Health and Eldercare Mediation
Due to advances in medicine, heightened attention to diet, and desire to maintain an active lifestyle, people are now living longer than ever. Consequently, more people are availing themselves of medical services, and that care may provide a source of conflict, which is why healthcare mediation is increasingly necessary in lieu of litigation. This course begins with an overview of the growth of dispute resolution in the healthcare field, and students will identify the most common healthcare disputes, the steps of the facilitative mediation process and how it applies to healthcare settings, and essential communication skills for conflict resolution. Special issues such as elder mediation, end of life issues, medical errors and the use of apology, and cultural issues in healthcare conflict will be covered as well. The course discusses interdisciplinary collaboration with physicians, nurses, administrators, attorneys and others involved in healthcare disputes. The course concludes with common ethical dilemmas and standards of practice.

Construction and Real Estate Mediation
Construction and Real Estate dispute resolution are emerging specialties within the field of mediation. The high costs of litigation in both real estate and construction are driving companies and consumers to use alternatives such as mediation and other conflict resolution practices to resolve disputes. This course begins with an overview of common construction disputes and the costs involved for companies and consumers. An overview of common real estate disputes and outcomes is also discussed. The course covers the emerging concept of DART (Dispute Resolution Avoidance and Resolution Techniques) which are being used across the continent to manage conflict and resolve disputes. The process of construction mediation is discusses in stages including prevention and the model of partnering, negotiation, use of neutrals, non-binding and binding dispute resolution and litigation alternatives. Students will learn to develop conflict management plans and apply these techniques to case studies. Students are asked to participate in telephone role-play mediation with two other students to try their hand at mediation.

Arbitration
Arbitration is a more skilled application of dispute resolution wherein a third party renders an award to disputing parties. This class covers the history of arbitration and the most common applications, the discovery process, and pre-arbitration planning including interviews and documentation. Students will learn about the actual hearing process, how to conduct fair and impartial presentations of evidence, and how to work with attorneys present in the process. The course concludes with lectures on analysis of evidence, rendering of the award, and the actual writing of an arbitration agreement. Case studies will be used extensively to illustrate concepts central to arbitration.

Advanced Mediation Practice
Mediators must not only understand the substantive processes of their work, but the theories that inform their interventions and approaches to each unique case. This course covers reflective practice as a means to develop from student to artistry. This includes the process of creating formulas based on theoretical perspectives and a thorough conflict analysis of each case. The practice of mediation is ultimately focused on the interactions between the disputants and between the disputants and the mediator. The course covers more advanced skill sets of reflective listening and assertion communication as well as key elements and interventions of the interactive processes in mediation. Students learn more advanced skill sets to deal with difficult clients. The course concludes with case study applications of the knowledge learned in the course

Course Objectives

Upon successful completion of the Mediation and Dispute Resolution program, students will:
• Understand the principles and theory of conflict resolution
• Evaluate their current strengths and challenges in resolving conflict
• Identify the principles of interest based negotiation and apply to case studies
• Articulate and apply advanced communication skills such as reframing and nonviolent communication
• Articulate significance of neutrality and impartiality in mediation.
• Examine and apply the facilitative process of mediation
• Identify the impacts of cultural, gender, and ethnic differences upon conflict resolution
• Articulate and apply ethical standards for practice.
• Identify and apply the specific knowledge necessary for advanced mediation practice in specialties such as Workplace Mediation, Health and Eldercare Mediation, Construction and Real Estate Mediation, Divorce and Child Custody Mediation, and Arbitration

Course Outline

I. CORE Mediation (required)
a. Mediation and the Dynamics of Conflict
b. Your Personal Style of Conflict
c. Negotiation and Designing the Mediation
d. Communication Skills for Mediation
e. Beginning the Mediation
f. Mediator Neutrality and Issues of Power and Culture
g. Hidden Interests and Impasses
h. Final Bargaining and Agreement

Students will select TWO of the following courses:

I. Workplace Mediation
a. Mediation and ADR
b. Entry into Workplace Mediation
c. Overview of Workplace Mediation Process
d. Workplace Mediation Skill Sets
e. Law, Gender, and Workplace Mediation
f. Mediation and Workplace Discrimination
g. Cross Cultural and Multi-Party Cases
h. Culture, Ethics and Mentorship

II. Healthcare and Eldercare Mediation
a. Opportunities of Conflict in Healthcare
b. Essential Communication Skills for Conflict Resolution
c. Unraveling Healthcare Disputes
d. Pre-Mediation Planning
e. The Mediation Process Applied to Patient/Family Disputes
f. The Bioethics Mediation Process
g. Mediator Process Applied to Healthcare Staff Disputes
h. Interdisciplinary Collaboration, Ethics, and Standards of Practice

III. Divorce and Child Custody Mediation
a. Mediation and ADR
b. Family Dynamics and Conflict
c. The Family Mediation Process
d. Mediating Parenting Plans
e. Asset Division, Negotiation, Impasses, and Power
f. Working with Children in Mediation
g. Special Issues
h. The Legal Process and Standards of Practice

IV. Arbitration
a. Arbitration and ADR
b. Legal and Ethical Issues of Arbitration
c. Communication, Culture, and Personal Bias
d. Pre-Hearing Procedures
e. The Arbitration Hearing Process
f. Directing the Arbitration Process
g. Closing the Arbitration Process
h. Closing the Arbitration Hearing
i. Arbitration Awards and Enforcement

V. Advanced Mediation Process
a. The Making of a Mediator
b. The Process of Formulation
c. Reflective Practice
d. Elements of the Interactive Process
e. Directing the Interactive Process
f. Critical Moments in Interaction
g. Case Study Practicum

VI. Construction and Real Estate Mediation
This elective will be available Fall 2007

Prerequisites/Audience

There are no specific educational prerequisites for the Mediation and Dispute Resolution Program. Students should have basic computer skills, be comfortable navigating the Internet, and have emailing capabilities.

The audience is anyone interested in developing the professional skills necessary to resolve conflicts at work, home or in their community.

PC Requirements/Materials Included

Student must have access to a computer with internet access and a browser (Explorer and Safari are best.) They must also have software for the creation of word documents that are then submitted to the instructor through the online campus (Microsoft Word is recommended).

GES will supply the required textbooks for these classes:
• Mediation in the Workplace, by Rebecca Jane Weinstein
• Renegotiating Health Care: Resolving Conflict to Build Collaboration, by Leonard J. Marcus et al.
• Bioethics Mediation: A Guide to Shaping Shared Solutions, by Dubler and Liebman
• Truce! Using Eldercare Mediation to Resolve Conflict Among Families, Seniors, and Organizations, by Patricia Bertschler and Laurette Cocklin
• The Handbook of Family Dispute Resolution, by Alison Taylor
• The Fundamentals of Family Mediation, by John Haynes
• The Mediation Process, 2nd edition, by Christopher Moore
• The Dynamics of Conflict Resolution, by Bernie Mayer
• Getting to Yes, by Fisher and Ury
• Nonviolent Communication, 2nd Edition, by Marshall Rosenberg
• Arbitration: Essential Concepts, by Bennett
• The Arbitrator’s Handbook, by Cooley
• Basic Skills for the New Arbitrator, by Alan Goodman
• The Making of a Mediator, by Taylor and Lang

Instructor Bio

CHRISTINE COATES
Christine Coates is an experienced attorney mediator in Boulder, Colorado whose solo practice emphasizes alternative dispute resolution. With a B.A. in psychology and sociology and a M.Ed. in adult counseling, Christie brought a rich and varied background in management and education to her "change of career" law practice which she began in 1983. She has been training mediators for over 15 years and is a popular and frequent national speaker and trainer in family law, alternative dispute resolution, and professionalism.

She is a past president of the Association of Family and Conciliation Courts, an international interdisciplinary organization. Christie also served on the American Bar Association's Task Force on Standards of Practice for Divorce Mediation and served on the steering committee of an inter-organizational effort that finalized these Standards. She chairs the AFCC Task Force on Parenting Coordination which is developing standards for Parenting Coordinators. She has co-chaired the ABA’s Dispute Resolution Section’s ADR and Family Functions Committee and the Family Law Section’s Mediation Committee. Christie has been an adjunct professor of domestic relations and of mediation at the University Of Colorado School Of Law and of family alternative dispute resolution at the University of Denver. Trained in arbitration by the American Arbitration Association, she has an active arbitration practice and has also expanded the process of mediation-arbitration to its use in post-dissolution families, training nationally on the use of med-arb and parenting coordination in family conflict. She is a co-author of Working with High-Conflict Families of Divorce: A Guide for Practitioners (Jason Aronson Publishers, 2001) and Learning from Divorce (Jossey-Bass, 2003).

ROBIN AMADEI
Robin has been the director and a practicing mediator at Common Ground Mediation Center for the last 14 years where she mediated employment, commercial, real estate, environmental, and family cases. Robin is an experienced organizational team-builder, facilitator, trainer and coach. She is an Adjunct Professor at the University of Denver, University College, the Department of Applied Communication and for the USDA. She is one of four mediators on contract with the Colorado Department of Education as a special education mediator and facilitator. She is a past mediator for the EEOC, a training coach for CDR Associates, and a certified administrator of the Meyers Briggs Training. She is a frequent speaker at national and local conferences, chambers of commerce and professional organizations on various alternative dispute resolution topics. Robin is an active member of the Colorado Council of Mediators and Mediation Organizations (CCMO) and a founding member and former President (1995-1997) of CCMO-Boulder. Robin is a member of the Colorado Bar Association, Alternative Dispute Resolution Committee, Membership Chair; former co-chair of the Boulder Bar Alternative Dispute Resolution Committee, Boulder Real Estate Law Committee, Family Law Committee, and member of the Colorado and Boulder Women's Bar Association. She is an Advanced Practitioner member of the Association for Conflict Resolution and has published numerous articles on mediation.

CLAIRE RILEY
Claire Riley is a registered nurse with an advanced degree in psychiatric nursing and completed her mediation training in 1990 at CDR Associates. For over 14 years, Claire had been active in her role as patient representative and hospital mediator at Boulder Community Hospital (BCH). In her role at BCH, she has been part of the movement to create a mediation option for patients who have grievances with their care.

Claire was also involved with the creation of a mediation process for hospital staff who they find themselves in conflict with one another. To date, the BCH mediation process has celebrated 10 years of excellence in conflict resolution. Claire is also a veteran member of the Clinical Ethics Committee which reviews and consults on cases of ethical dilemmas.

Earlier in her career, Claire served as Director of the Behavioral Health Unit at BCH and as Nursing Director at Boulder County Hospice. Claire has volunteered as a CASA and has sat on the Board of Directors at the Boulder College of Massage Therapy. She is currently a Trustee at Fraser Meadows Retirement Community. Claire lives in Boulder with her husband, artist John Matlack. They enjoy cooking, hiking, and reading. But the light of all lights in their lives is Jordan, their three year old granddaughter. She provides the contemplative balance-when she is around, and that is often-and a reminder that there is nothing but the present.

PATRICK HALTER
Patrick has been a professional arbitrator for over 30 years. He was accepted into a federal government internship program coming out of graduate school at the University of Indiana and placed in a small agency in Washington, D.C., that handled mediation, fact-finding, and arbitration of disputes between federal employees and agencies. At the same time that occurred ADR was being promoted in the local court system and Patrick was a mediator and mentor in the District of Columbia Superior Court handling civil disputes. Later he served six years as executive director and chief administrative law judge for a state labor and employee relations board. During this time Patrick had opportunities through ADR-forums to arbitrate employment and commercial disputes as a solo arbitrator and as an arbitrator on panels with three or five arbitrators.

MICHAEL CAPLAN, J.D., L.L.M
Mark is a partner in M. Caplan Co., combines his knowledge of the legal system with his mediation, facilitation, and training skills. His ability to articulate complicated concepts in a straightforward manner and to assist people with discussing difficult subjects in a productive and collaborative problem solving way helps them make decisions which meet their needs.

Mr. Caplan is on the executive board of the Boulder Healthy Communities Initiative, a member of the ADR section of the Boulder County Bar Association, The International Association of Facilitators, the Society for Professionals in Dispute Resolution and the Colorado Council of Mediators and Mediator Organizations and is certified as an NLP Practitioner. He has taught at University of Denver, University of North Carolina (Ashville) and Massey University, New Zealand. He is on the faculty of Naropa University and teaches programs in communication, conflict resolution, collaborative decision making and facilitation.

SAT TARA KAUR KHALSA, M.S., L.P.C.
Sat Tara is a licensed psychotherapist, divorce mediator and consultant, court-appointed special child advocate, and board member of the Boulder Interdisciplinary Committee on Child Custody Issues. Sat Tara has extensive experience in custody evaluations and investigations in the context of child abuse and neglect and sexual abuse. She is certified in Neuro-Linguistic Programming and trained in Eriksonian Hypnotherapy. She received training in Collaborative Family Law and is a member of the Rocky Mountain Collaborative Law Professionals. Sat Tara has been in the mental health field for approximately 30 years, since her graduation from Smith College as a First Group Scholar. Her volunteer work has included: running a residential holistic psychotherapeutic center for 10 years, organizing a woman’s project which resulted in action by the World Health Organization, acting as program coordinator and president of Women Caring for Women for three years, serving as a steering committee member and presenter of the Interface Council of Boulder, working at the Boulder Shelter for the Homeless, and performing community service in France. Sat Tara is a certified instructor of Kundalini Yoga and has taught yoga and spiritual development classes extensively for 31 years. Sat Tara developed the Personal Wellness Program and helped develop an Aikido-based model of handling high-conflict encounters.

Frequently Asked Questions (FAQs)

1. How do I register?
Click on the register button at the top of the page and follow the directions. It is important that you type all your information in the boxes, then print it out to sign.  Payment and sending instructions are in the bottom right corner of the form.

2. How much do the courses cost?
The fee is in the pink box at the top of the page.

3. Can I register for courses if I live outside the United States?
Yes you can!

4. Do I ever have go to the school I register with?
All of our courses are delivered entirely online, so you never have to go to a class or travel to the school.

5. How long does it take to complete a course?
All of our courses are self-paced and open enrollment. You can start and finish the course at your own pace. When you register for a course, you are given 180 days (6 months) to complete the course. If you need more time, extensions are available.

6. Do I have to buy additional materials?
All materials are included. The cost of materials is covered by your tuition. GES ships all materials via UPS ground service upon registration.

7. Can I get financial aid?
GES courses are non-credit courses, so they do not qualify for federal aid. In some states, vocational rehab or workforce development boards will pay for qualified students to take our courses.

• GES provides a loan opportunity for students. Simply go to www.collegeloanapplication.com to apply for an easier qualifying loan at a slightly higher rate. Click here for more information on this loan program.

8. What happens when I complete the course?
Upon successful completion of the course, you will be awarded a certificate of completion from the school with which you registered. You must obtain a final passing grade of 70% or greater to be awarded a certificate.

9. Am I guaranteed a job?
GES courses will provide you with the skills you need to obtain an entry-level position in most cases. We do not provide direct job placement services, but our instructors will help you build your resume and are available to give advice on finding your first job. Instructors will also be available to use as a professional reference upon completion of the course. Potential students should always do research on the job market in their area before registering.

10. Who will be my instructor?
Each student is paired with a facilitator for one-on-one interaction. The facilitator will be available (via email or phone) to answer any questions you may have and to provide feedback on your performance. All of our facilitators are successful working professionals in the fields in which they teach.

11. What do I have to have in order to take an online course, and what are the system requirements?
In order to take our online courses, you must have access to a computer and the Internet (a normal dial-up connection is fine). You can access the course contents from any Web-enabled computer. There are no necessary plug-ins. You do not have to use the same computer to log-in to the course every time. We recommend that you have a word-processing program (Microsoft Word is best) and the latest version of Internet Explorer.

12. Can this course be taken on a Mac?
No

13. How can I get more information on the course?
All of the information we have is available online under our course catalog (www.gatlineducation.com). If you have questions that are not answered online, please feel free to email us at courseinfo@gatlineducation.com or call 817-870-2870. We will answer your questions promptly.

14. When can I start the course?
Our courses are all open enrollment. You can register and start the course as soon as you are ready.

15. Do you have to be an attorney to mediate?
Mediation is not an exclusive profession. The term “Mediator” is neither a licensed nor a certified professional designation either nationally or at the state level. This means anyone can mediate a dispute. Some states do regulate specific types of mediation so be sure to check with your state supreme or local court to verify their requirements.

16. Can this program help me advance professionally?
It certainly can. A graduate program in Mediation and Dispute Resolution can enhance your resume by showing you are educated in dealing with conflicts in the workplace either as a mediator or arbitrator.

17. What will this program allow me to do?
This program will prepare you to be a professional mediator. In almost all states, this program will prepare you to practice as a professional arbitrator (if you take the advanced Arbitration course.)

18. How do most of your graduates use this professional education?
Most of our graduates use this education to advanced within their profession or enhance their resume. A smaller number use this education to set up a private mediation or arbitration practice. This latter group must possess entrepreneurial skills and be prepared to take from 3-5 years to make a solid living as a mediator or arbitrator.