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IAM Edinburgh Gathering: May 9 - 12, 2018
   

“Looking Outward - Mediation: a New Enlightenment?”

 Wednesday, May 9, 2018
 
 OPTIONAL (PRE-CONFERENCE) ACTIVITIES
 
14:30 - 17:30










 

Scottish Mediation Half-Day sponsored by Collaborative Scotland and Core Solutions:
at the Edinburgh Centre for Carbon Innovation, 1/9 High School Yards.

Optional Pre-Conference Workshops: a choice of three events which will be offered on a flexible basis so that participants can move around:

  1. Informal Practitioners’ Forum for Scottish practitioners and IAM members attending the conference
  2. Academic Forum with SIRS and local academics and thought-leaders
  3. Young Leaders Forum for young Scottish professionals interested in mediation and management of conflict
     
14:00 -17:00   Board of Governors’ Meeting - MEMBERS ONLY pre-registration is required
     
17:30 - 18:30















  Nelson Mandela as Negotiator: What We can Learn from Him?
Professor Hal Abramson, Touro Law Center, New York, New York

At the Edinburgh Centre for Carbon Innovation, 1/9 High School Yards, open to all
Professor Hal Abramson, from Touro Law Center in New York, presents a talk basd on his award-winning article, Nelson Mandela as Negotiator: What We can Learn from Him? His article considers how the greatest negotiator of the twentieth century, Nelson Mandela, approached negotiating the unbanning of the African National Congress (ANC), the dismantling of apartheid, and his own freedom after twenty-seven years of imprisonment. He employed classically good negotiation practices in the face of intense and violent opposition while confined in prison for life. If he could be successful, why cannot others succeed when facing less daunting disputes?

Professor Abramson focuses on the period starting in 1985, when Mandela refused an offer to be released if he would condemn violence, until 1990, when President de Klerk gave his historic unbanning speech, Mandela was freed, and he gave his first speech as a free man. The article received CPR's International Award for the Best Professional Article for 2016.

 

 19:30




  Optional Bothy* Supper Conversations: Groups of ten to twelve at selected discreet, convivial, local Old Town restaurants and pubs, replicating the informal conversations and creativity of the original Scottish 18th century Enlightenment era, with pre-selected topics (prefacing Thursday morning’s topics): Register in advance and pay individually on the night








  To be joined by Scottish mediators and other conversationalists: possible topics include: Brexit, US-UK relations, Scottish independence, mediator ethics, Scottish religious traditions, Scottish literature and poetry, etc. Guest conversationalists include the author, Alastair McIntosh, the leading theologian, Richard Frazer, Professors Elizabeth Bomberg, Fiona Mackay, Hal Abramson and Charlie Irvine, Anne Marie Puente and more to come.

For those who don’t participate in Bothy Conversations, free night at suggested restaurants
*A Bothy is a basic shelter, usually left unlocked and available for anyone to use free of charge.
     
Thursday, May 10, 2018
 
7:30-8:30   Registration
     
8:15-9:15



  Breakfast Banter: informal conversations over breakfast - Hilton Edinburgh Carlton
*Banter is a Scottish word for a light hearted conversation or “the playful and friendly exchange of teasing remarks“

   
9:15-9:45



  Building on Austin, A Stepping Stone to Cleveland
Welcome and Scene Setting, Jeff Jury, President IAM, Austin, Texas and John Sturrock, IAM Distinguished Fellow, Conference Chair, Edinburgh, Scotland
An Introduction to Edinburgh, Alistair Hector,
Blue Badge Tourist Guide
     
9:45-11:00





  Introducing the Scottish Enlightenment: What Was It? How Might We Learn From It Today as Mediators? Short Presentation by Dr. Thomas Ahnert, University of Edinburgh, Centre for the Study of Modern and Contemporary History. Plenary Session, reflecting on the Virtues of the Scottish Enlightenment, led by Dwight Golann, IAM Scholar In Residence, Boston, Massachusetts, followed by Bothy Break Out Conversations to discuss questions posed
     
11:00-11:15   Networking Blether
     
11:15-12:30

  Bothy Breakout Conversations continue, followed by Plenary Reports from Bothy Conversations: What did we discuss – and learn?
     
12:30-13:30   Lunch
     
13:30-15:00




  Looking Outward: Broadening the Role of Mediation 1: Expanding Mediation Skills and Competencies To Address Macro Disputes – led by Bruce Edwards, IAM Distinguished Fellow, San Francisco, California, with Scilla Ellworthy, peace builder, founder of the Oxford Research Group and three times Nobel Peace Prize nominee

     
15:00-15:15   Networking Blether
     
15:15-16:00

  Looking Outward: Designing a New Way of Doing Things? Ann Marie Puente, New York Design School
     
 16:00-17:15




























































































Bothy Breakout Conversations 1: New Ways of Doing Things?
Possible topics include:

The Economics of Managing Disputes: Game Theory and Mediation: Charlie Woods, Mediator and Former Chief Economist at Scottish Enterprise

One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. The workshop will explore insights from game theory for negotiation strategies and consider the implications for mediation practice in helping reach positive sum outcomes in interdependent relationships.

Understanding Gender, Bias and Mediation: Issues for Mediators?: Jan Schau, Los Angeles, California and Doug Murphy, Brisbane, Queensland, Distinguished Fellows

The women’s liberation movement is now over half a century old in America. Today, we are facing a new wave of feminism with the “Time’s Up” and “Me Too” movements. It’s time to revisit whether workplace inequality, anti-discrimination laws, and women’s voices are being heard and addressed worldwide and how we, as mediators, are hearing and addressing these issues, too. This dialogue will look at a series of controversial propositions with an aim towards insights into the mediator’s points of view. Are men and women mediators different or the same? Is there any truth in gender stereotyping, and if so, what can/should we do about it? Do women have a different (narrower) range of mediating behaviors that are acceptable than their male counterparts? Do men and women see “fairness” differently?

Join us for a frank debate and honest discussion of the challenges and strategies for managing the biases arising from gender differences in our own profession and in the workplaces and conference rooms where we serve.


The Soul of Mediation: A One Generation Flash in the Pan? Leaving a Legacy for the Next Generation: Anna Howard, Solicitor, Lecturer and PhD candidate, London, and Bill Marsh, IAM Distinguished Fellow, London

In these conversations across the generations (whether in experience or age, or both), we will explore what lies at the core of our field and what the current generation of mediators would like to pass on to the next generation. We'll consider a number of questions including: What brought each of us to mediation, and kept us there? How has the field changed and what do these changes mean for the next generation? And what might the current generation of mediators and the newcomers to the field do to ensure that a legacy is passed on? It is hoped that the conversations will identify achievable action points for each of us.

Toward a More Enlightened Civility: Jeff Jury, IAM President, Austin, Texas and Jane Player, Distinguished Fellow, London

This is not a discussion about being “nice” in mediation. The perception is that the level of civility in public and private discourse is declining. Rather than debating the role of “civility” in the abstract, we ask three questions: First, are we really listening to those who disagree with us? Second, does “civility” from the mediator make settlement more likely? Finally, what are the unintended negative consequences of civility – or, what if my notions of civility don’t match yours?


Mediation: Vocation? Calling? Profession? Job?: Allan Stitt, IAM Distinguished Fellow, Toronto, Ontario

We go to work, we mediate cases, we help people resolve their disputes, we go home, and then do it all over again the next day. But why do we do it? What led us to do what we do and is that the same thing that’s keeping us doing it? And how dedicated are you to mediation? Would you keep mediating if someone offered to double your annual remuneration to do something different? And would you still do it if someone decreed that your annual remuneration from mediation should be halved?

Who is the Mediator’s Client - Really?
Mark Jackson-Stops, IAM Distinguished Fellow, London, England and Lee Jacobson, IAM Distinguished Fellow and Incoming IAM President, Fresno, California

• The mediator’s role doesn’t fit into the usual professional/client relationship - or does it?
• Do we have a paramount duty to the parties, or are the lawyers really our clients?
• Are there dangers or benefits when dealing with repeat users of our services?
• These are just some of the issues for debate


Mediation and Conciliation and the Importance of Joint Sessions
: A Northern Irish Perspective: James Golden, solicitor and construction expert, Belfast and Elizabeth Birch, Distinguished Fellow, London

Do you want to Investigate stereotypes and achieving restorative justice in modern commercial mediation? We will share some observations about how the mediation process can fall into a rut to the detriment (or not) of the process and the overall aims of the parties. The stereotypes to be discussed include regional ones within the UK and Ireland and by industry sector. We will touch on the risks and rewards of putting actual disputants in a room together and whether the legal industry produces people that are shy of confrontation and if other industries produce people that are shy about getting to the point. The discussion aim is to challenge and refresh perceptions.

Memorable Catch Phrases used by Mediators: Chuck Doran, Distinguished Fellow, Boston,
Massachusetts and Martina Doležalová, Head of ADR Section, Czech Bar

Many mediators have catch phrases that they convey to parties to define the process, break impasse, and encourage resolution. What do you say to parties during the process that catches their attention and helps them better understand the opportunity that mediation offers?

Join Chuck Doran and Martina Doležalová to share your memorable catch phrases and leave with a list of new and impactful concepts to use at your next mediation!


     
17:45


  Reception at Parliament House (sponsored by the Faculty of Advocates and the Lord President of the Court of Session). Welcome by Gordon Jackson QC, Dean of the Faculty of Advocates. Opportunity to visit Scotland’s Supreme Courts
     
19:00

  Optional Dinner at The Caves – pre-registration required
Presentation of IAM Tartan and IAM Whisky
     
21:00

  Optional: Ghost Tour:  1st Group: 9:15 PM  |  2nd Group: 9:45 PM  |  3rd Group: 10:15PM
Groups should arrive at the Mercat Cross on The Royal Mile 15 minutes prior to the start of their assigned time and your guide will meet there.
 
Friday, May 11, 2018
 
8:15-9:15

  Breakfast Banter: Informal conversations over breakfast at the conference venue (Hilton Edinburgh Carlton)
     
 9:15-9:30   Reflections on Yesterday: What did we Learn?
     
9:30-11:00



  Looking Outward: Broadening the Role of Mediation 2: Getting to Yes in Political Decision-Making and Public Policy: The Scottish Experience – led by John Sturrock with two current examples: (a) Scottish Government/UK Government constitutional negotiations and (b) establishment of new primary care services (GP) in Scotland
     
11:00-11:15   Networking Blether
     
11:15-12:30

  Mediation and the Courts in the UK: Lord Briggs of the UK Supreme Court and Lady Wise, Chair of Access to Justice Committee and Senator of the College of Justice, Scotland, chaired by Bill Wood, Distinguised Fellow
     
12:30-13:30   Lunch
     
13:30-15:00


































Bothy Breakout Conversations 2:  New Ways of Doing Things?
Possible topics include:

The Economics of Managing Disputes: Game Theory and Mediation
: Charlie Woods, Mediator and Former Chief Economist at Scottish Enterprise

Understanding Gender, Bias and Mediation: Issues for Mediators? Jan Schau, Los Angeles, California, Doug Murphy, Brisbane, Queensland, and David Hoffman, Boston, Massachusetts, Distinguished Fellows

The Soul of Mediation: A One-Generation Flash in the Pan? Leaving a Legacy for the Next Generation: Anna Howard, Solicitor, Lecturer and PhD candidate, London, and Bill Marsh, IAM Distinguished Fellow

Toward a More Enlightened Civility: Jeff Jury, IAM President, Austin, Texas and Jane Player, Distinguished Fellow, London

Mediation: Vocation? Calling? Profession? Job?: Allan Stitt, IAM Distinguished Fellow, Toronto, Ontario

The Words We Use as Mediators
: Ben Picker, IAM Distinguished Fellow, and Alicia Kuin, Fellow, Toronto, Ontario
Words are the smallest elements that generate significant meaning. Join facilitators Alicia Kuin and Ben Picker in discussing how the words we use as mediator’s matter, the positive and negative impact of words, and what words are most persuasive in changing minds and settlement positions. Drawing on the theme of enlightenment, we will inspire one another to use words that are perspective shifting, culturally appropriate, gender positive, and inclusive.


Who is the Mediator’s Client - Really? Mark Jackson Stops, IAM Distinguished Fellow, London, England and Lee Jacobson, IAM Distinguished Fellow and Incoming IAM President, Fresno, California

Memorable Catch Phrases used by Mediators: Chuck Doran, Distinguished Fellow, Boston, Massachusetts and Martina Doležalová, Head of ADR Section, Czech Bar

   
15:00-15:15      Networking Blether
     
15:00-16:30


  "Looking Outward: Choose your ruts carefully. Engaging with the diversity of mediation approaches and asking some hard questions"? : Celebrating Diversity of Styles in Continental Europe and Elsewhere, led by Birgit Sambeth Glasner, IAM Distinguished Fellow and Bill Marsh, IAM Distinguised Fellow
     
16:30-17:00

  A New Enlightenment: How Can Mediators Lead the Way? The Edinburgh Declaration, presented by the Conference Committee, followed by Jerry Weiss looks ahead to Cleveland
     
18:45

  Reception at Edinburgh Castle, hosted by Her Majesty’s Lord Advocate, Scotland’s Senior Law Officer and showing of the Honours of Scotland
     
20:00



  Edinburgh Gathering Dinner at The Hub, Castlehill, Edinburgh
Installation of Board of Governors/Annual Meeting: IAM new member inductions
Presentation of Lifetime Achievement Award to William Ury
A Musical Treat from Tom and Phil Bancroft, leading Scottish jazz musicians


 
Saturday, May 12, 2018
 
8:00-9:00   Breakfast at the conference venue; Meeting of the 2018 Board of Governors
     
9:00   Gather at the Scottish Parliament for optional tours of the building (limited spaces)
     
10:15-12:00




 

Keynote Event in the Chamber of the Scottish Parliament: Public Good Politics:
A New Enlightenment: How Can Mediators Lead the Way?
with special guest William Ury, Harvard University and Rt Hon Nicola Sturgeon, MSP, First Minister for Scotland, chaired by the Deputy Presiding Officer of the Scottish Parliament and open to Members of the Scottish Parliament and the public, as well as conference participants.

     
12:00-13:00


  Common Good Politics. The Edinburgh Declaration – a statement of commitment by IAM members to the common good: Formal Signing Ceremony.

     
13:00-14:00
  Optional Lunch at the Scottish Parliament *pre-registration required; optional tours of the building (limited spaces)
     
CONFERENCE CONCLUDES
     
* OPTIONAL  POST-CONFERENCE ACTIVITIES
 
19:00   HMY Britannia, Leith
     
19:30
  Special IAM Edinburgh Gathering Dinner onboard HMY Britannia
pre-registration required
     

*All optional tours (with the exception of the Ghost Tour) will be operated by Andrew Burnet & Company Ltd. For further information or to book your tours contact Andrew directly by email

Sunday, May 13, 2018
9:30 –10:00


Informal communion service at Greyfriars Kirk, one of Edinburgh’s oldest and most iconic churches, led by Rev Richard Frazer, to which all IAM conference participants are welcome, of all denominations, faiths and none (there is also a traditional service at 1100 in the Kirk)
 
Afternoon: Lunch and Inaugural IAM Golf Tournament at Elie, Fife 
 
Monday, May 14, 2018

Post-conference Workshop: William Ury One-Day Master Class: Getting to Yes With Yourself, The Hub, Castlehill, Edinburgh.  To register with Core Solutions, CLICK HERE

Conference program and speakers are subject to change.
 Cancellation Policy: Full refund until April 13th; 50% from April 14-27th. No refunds after April 28th.