Advancing the practice and public Advancing the practice and public understanding of conflict resolution understanding of conflict resolution

ACR WORKPLACE SECTIONACR WORKPLACE SECTIONOBJECTIVESOBJECTIVES

Increase professional developmentand outreach opportunities for workplace ADR practices

Shape the global future of workplace ADR and ACR

Build Advanced Practitioner (AP) community and value

THE FIELD OF THE FIELD OF ADVANCED PRACTITIONERS ADVANCED PRACTITIONERS

(AP)(AP)The ACR Mediator/Arbitrator referral service The ACR Mediator/Arbitrator referral service

provides a list of all current AP members provides a list of all current AP members who practice in the areas ofwho practice in the areas of

workplace mediationworkplace mediation or or arbitrationarbitration including including labor & employment issueslabor & employment issues. .

All practitioners on the list have met clear All practitioners on the list have met clear training and experience requirements.training and experience requirements.

WHAT’S IN IT FOR ME?WHAT’S IN IT FOR ME?(WIIFM)(WIIFM)

As AdvocatesAs Advocates As PractitionersAs Practitioners The General PublicThe General Public

WIIFM…AS AN ADVOCATE?WIIFM…AS AN ADVOCATE? Agency (e.g. AAA, FMCS, etc.) referred panel Agency (e.g. AAA, FMCS, etc.) referred panel

includes arbitrators unfamiliar to you OR includes arbitrators unfamiliar to you OR opposing party suggests arbitrator or mediator opposing party suggests arbitrator or mediator about whom you know little or nothingabout whom you know little or nothing

Recognition that part of your business is keeping Recognition that part of your business is keeping abreast of abreast of qualified professionals qualified professionals available in available in dispute resolutiondispute resolution

Your Your credibilitycredibility is enhanced when using is enhanced when using professionals who have met professionals who have met established established national national association association standardsstandards

Your resource…the ACR AP CommunityYour resource…the ACR AP Community

WIIFM AS A NEUTRAL?WIIFM AS A NEUTRAL? Verifiable pubic recognition of meeting Verifiable pubic recognition of meeting rigorous national rigorous national

association standards association standards as an arbitrator and/or mediatoras an arbitrator and/or mediator

ACR’s ACR’s websitewebsite lists all current Advanced Practitioner lists all current Advanced Practitioner (AP) members(AP) members

Be a Be a leaderleader in the growing community of advanced in the growing community of advanced practitionerspractitioners

Your Your credibilitycredibility is enhanced as a professional who has is enhanced as a professional who has met met established established national association national association standardsstandards

Your resource…the ACR AP CommunityYour resource…the ACR AP Community

WIIFM AS A NEUTRAL? WIIFM AS A NEUTRAL?

AP Legal Defense Fund AP Legal Defense Fund (established 11/1/06)(established 11/1/06)

Provides Provides financial reimbursementfinancial reimbursement for certain for certain “out of pocket” costs from legal “out of pocket” costs from legal representationrepresentation• Relates to compelling Relates to compelling pubic policy concernpubic policy concern• Includes Includes responseresponse to a subpoena, challenges to to a subpoena, challenges to

arbitral immunityarbitral immunity• Must be ACR Workplace AP Must be ACR Workplace AP membermember, have , have

current current liability insuranceliability insurance, documented , documented attorney’s expensesattorney’s expenses, and not exceed , and not exceed $500$500 per per yearyear

HOW TO VERIFY AN AP HOW TO VERIFY AN AP DESIGNATED PROFESSIONALDESIGNATED PROFESSIONAL

www.ACRnet.orgwww.ACRnet.org

Searchable database available within Searchable database available within three clicks three clicks

Free referral listing to consumers and Free referral listing to consumers and professionalsprofessionals

MEETING THE STANDARDSMEETING THE STANDARDS~ MEDIATORS ~ ~ MEDIATORS ~

ExperienceExperience**• Minimum of 20 workplace mediations as lead Minimum of 20 workplace mediations as lead

or solo mediator, andor solo mediator, and• Minimum of 80 hours as lead or solo mediator Minimum of 80 hours as lead or solo mediator

in workplace disputesin workplace disputes

TrainingTraining**• Forty (40) hour basic training, andForty (40) hour basic training, and• Additional twenty (24) hours training in core Additional twenty (24) hours training in core

areas of substantive knowledge, knowledge of areas of substantive knowledge, knowledge of the process, and application of skills and the process, and application of skills and knowledgeknowledge

*documented experience and training must be current or within *documented experience and training must be current or within four (4) years of applicationfour (4) years of application

MEETING THE STANDARDSMEETING THE STANDARDS Service to the FieldService to the Field**

• Fifteen (15) hours of volunteer service in the field, Fifteen (15) hours of volunteer service in the field, including three (3) hours of guidance, mentoring or including three (3) hours of guidance, mentoring or supervision services to other mediatorssupervision services to other mediators

ReferencesReferences**• Two (2) letters of reference from colleagues Two (2) letters of reference from colleagues

knowledgeable of the applicant’s workplace knowledgeable of the applicant’s workplace experienceexperience

• Two (2) letters of reference from consumers of the Two (2) letters of reference from consumers of the applicant’s mediation servicesapplicant’s mediation services

• One (1) letter of reference from a mediator who One (1) letter of reference from a mediator who has received guidance, mentoring or supervision has received guidance, mentoring or supervision services from the applicantservices from the applicant

* Within four (4) years of application* Within four (4) years of application

Commit to Commit to Standards of Practice Standards of Practice established by ACRestablished by ACR

Provide Provide proof of liability insuranceproof of liability insurance (or (or explanation of why such coverage is not explanation of why such coverage is not required) to be listed on ACR Website AP required) to be listed on ACR Website AP Referral ListingReferral Listing

Maintain Maintain current ACR and WPS membershipcurrent ACR and WPS membership

MEETING THE STANDARDSMEETING THE STANDARDS

RenewalRenewal• Every three yearsEvery three years

• Proof of liability insurance Proof of liability insurance

• Verification of completion of eighteen Verification of completion of eighteen (18) hours of appropriate continuing (18) hours of appropriate continuing education in the three years prior to education in the three years prior to renewal.renewal.

MEETING THE STANDARDSMEETING THE STANDARDS

MEETING THE STANDARDSMEETING THE STANDARDS~ ARBITRATOR ~~ ARBITRATOR ~

ExperienceExperience**• Thirty five (35) countable cases as arbitrator Thirty five (35) countable cases as arbitrator

(includes final and binding awards, expedited (includes final and binding awards, expedited awards, advisory awards)awards, advisory awards)

• Twenty five (25) countable cases must be Twenty five (25) countable cases must be written awards – no more than ten (10) awards written awards – no more than ten (10) awards from the same partiesfrom the same parties

• Proof of all cases requires appointment letters Proof of all cases requires appointment letters or first/last pages of awardsor first/last pages of awards

• NAA members accepted as meeting experience NAA members accepted as meeting experience requirementsrequirements

*documented experience and training must be current or within *documented experience and training must be current or within five (5) years of applicationfive (5) years of application

Service to FieldService to Field* * • Twenty four (24) hours of volunteer Twenty four (24) hours of volunteer

service to the field, including but not service to the field, including but not limited to:limited to:

Mentoring or supervision in ADR for which Mentoring or supervision in ADR for which no compensation is receivedno compensation is received

Volunteer arbitrationVolunteer arbitration Service to professional associationsService to professional associations Facility in workshops or presentations in Facility in workshops or presentations in

ADR for no compensation except expensesADR for no compensation except expenses

* Within three (3) years of application* Within three (3) years of application

MEETING THE STANDARDSMEETING THE STANDARDS

Commit to Commit to Standards of Practice Standards of Practice established by ACRestablished by ACR

Provide Provide proof of liability insuranceproof of liability insurance (or (or explanation of why such coverage is not explanation of why such coverage is not required) to be listed on ACR Website AP required) to be listed on ACR Website AP Referral ListingReferral Listing

Maintain Maintain current ACR and WPS membershipcurrent ACR and WPS membership

MEETING THE STANDARDSMEETING THE STANDARDS

RenewalRenewal• Every five (5) yearsEvery five (5) years

• Proof of liability insurance Proof of liability insurance

• Verification of completion of twenty-four Verification of completion of twenty-four (24) hours of appropriate continuing (24) hours of appropriate continuing education in the five years prior to education in the five years prior to renewal on issues related to renewal on issues related to labor/employment arbitrationlabor/employment arbitration

MEETING THE STANDARDSMEETING THE STANDARDS

ACR’s WORKPLACE SECTION ACR’s WORKPLACE SECTION (WPS)(WPS)

PurposePurpose

• Serve as a vibrant representative of Serve as a vibrant representative of workplace conflict resolution practicesworkplace conflict resolution practices

• Grow as one of ACR’s largest, most Grow as one of ACR’s largest, most active sections with over 1000 membersactive sections with over 1000 members

WHO ARE MEMBERS OF WHO ARE MEMBERS OF ACR WPS?ACR WPS?

• MediatorsMediators• ArbitratorsArbitrators• ADR program managersADR program managers• OmbudsOmbuds• System design consultantsSystem design consultants• Conflict resolution coachesConflict resolution coaches• Interest-based negotiatorsInterest-based negotiators• ResearchersResearchers• Group facilitatorsGroup facilitators• Workplace TrainersWorkplace Trainers

WORKPLACE SECTION WORKPLACE SECTION Tri-ChairsTri-Chairs   

Debra DupreeDebra Dupree    (2005 - 2007) (2005 - 2007) debradupree@pulseinstitute.comdebradupree@pulseinstitute.com

Dina Beach LynchDina Beach Lynch (2006 - 2008)(2006 - 2008)dina@adrpracticebuilder.com dina@adrpracticebuilder.com

Michael McDowellMichael McDowell (2006 - 2008)(2006 - 2008)mmcdowell@arbitrationsandmediations.commmcdowell@arbitrationsandmediations.com

Vicki KnudsenVicki Knudsen (2007-2009), Chair-Elect(2007-2009), Chair-Elect vknudsen@mt.govvknudsen@mt.gov

WPS ADVISORY BOARDWPS ADVISORY BOARD(past WPS Chairs)(past WPS Chairs)

Pattie PorterPattie Porter Richard “Dick” Fincher Richard “Dick” Fincher Rita CallahanRita Callahan Nancy PeaceNancy Peace Michael DicksteinMichael Dickstein

JOIN THE GROWING RANKSJOIN THE GROWING RANKS

of advanced practitioners in workplace of advanced practitioners in workplace mediation & arbitrationmediation & arbitration

Be knowledgeableBe knowledgeableBe professional Be professional

Be credibleBe credible

THANK YOU!THANK YOU!