The recipient of this year’s Susanna Jani Award for Excellence in Mediation has a longstanding history leading, promoting and facilitating effective conflict resolution. I think you’ll agree that she has had an impressively positive impact.
In 1981 she began providing training and holding conferences around BC on family violence. She then went on to design a course, and write the manual for the first mediation course at the JI which she delivered in 1983. Within a year of that first class, she established the Justice Institute’s Centre for Conflict Resolution Training. She continued to develop collaborative conflict resolution courses for the JI well through the 1990s.
In 1990, she received her Master’s Degree of Education in Counselling Psychology and began turning her mind to the conflict and pain she was seeing workplaces. By 1995 she developed and taught the harassment and discrimination mediation course at the JI which was followed by being part of the team to develop one of Canada’s first Respectful Workplace Programs. She continued to work with Crown Corporations and correctional facilities to change the conflict culture of these institutions.
It is my privilege to announce that the 2017 recipient of the Susanna Jani Award for Excellence in Mediation is Marje Burdine.
About the Susanna Jani Award for Excellence in Mediation
Vancouver Mediators’ Lounge is ready for Halloween with a zombie-themed visit from PignPotato Game co-founders. Joan Braun and I will bring our prototype decks of Zombie Fight or Flight, the new collaborative card game from PignPotato Games. Zombie Fight or Flight is a fast paced, easy to learn card game where we survive together or die trying.
PignPotato is a group of 7 local mediators, lawyers and creatives who came together out of the 2016 CoRe Jolts Game Jam to create games designed as tools for DR, including Mediate BC Roster mediators Sharon Sutherland, Joan Braun and Amanda Semenoff.
We will discuss the place of games in DR processes, describe our journey from Game Jam to Game Creation and play a few rounds of Zombie Flight or Flight. This is the last chance to preview the game before its Kickstarter Launch October 24.
We are still collecting feedback on the game for the training manual that accompanies the game for use by trainers, mediators and teachers. We would love more input from other DR professionals.
El Santo is a great venue with a modern take on Mexican cuisine, easy walking distance from the New Westminster Skytrain. Favourite fare includes fresh tortillas, white cranberry sangria and grilled caesar salad.
[Editor’s note: Zombie Fight or Flight is now on Kickstarter. Learn more about this collaborative game on their project page and opportunities to support its development and get early access to the cards and some unique rewards.]
Amanda Semenoff is a New West based mediator, facilitator and conflict resolution consultant. She loves weird, sticky and seemingly unsolvable problems, and has successfully worked with a wide range of clients including academics, corporate boards, teacher groups, community sports organisations, musicians and non-profits to create innovative solutions and common purpose.
I am a lawyer/mediator who has been mediating since the spring of 2011, and am always interested in attending conferences that pertain to alternative dispute resolution as a means to keep current on developments within the practice area. I recently attended the 2015 Dispute Resolution Conference Share the Land, offered through the CLEBC, and found this to be a most creative avenue for networking and exploring developments both locally and internationally in the realm of ADR.
Setting the Stage
I’ll begin by sharing my pleasure in arriving at the conference site, which was the Improv Theater located on Granville Island. Just as I have always felt and appreciated the creative differences between litigation and mediation, I immediately felt the creative difference this conference was going to provide based on its venue; and, I wasn’t disappointed.
When do you get to attend a conference with a lunch break consisting of actors prepared to “playback” through live performance key moments you recall from your mediations? High conflict situations resulting in fisticuffs between counsel? Now imagine that being acted out right before your eyes and watching the actors carry you through the decompression of the conflict through the mediator’s eyes. Learning through playback: Just imagine that!
Hitting the Mark
What I imagine, is a world where people solve problems more, and litigate less, and I have always seen ADR as the mechanism through which that reality may occur. I was most pleased to have attended a morning international panel session entitled, “What’s New Around the World,” wherein, I heard of at least 3 other jurisdictions that are using various ADR processes to resolve conflict, including in situations involving refugees, which is now of imminent importance to our country.
I also attended a session on diversity, which opened the discussion of what is diversity and does there need to be more of it on the roster? It was wonderful to have so many minds share their perspective on this issue, and I can say I was surprised to learn that some see diversity as the creation of a bias or power-imbalance. The thought shared was that mediators, regardless of their background, sex, or culture, should all be bringing neutrality, as much as possible, to the table, so identifying a unique characteristic in a mediator that may align better for one party over another is not bringing neutrality. Thus, “Is diversity neutral?” and “What is neutrality?” became themes our discussion group explored. Many others felt that diversity is lacking on the current roster, and that the characteristics of a mediator do help shape their practice and this does not negate the neutrality of their practice, rather it enhances it.
These perspectives resonated with me both as a mediator and as a lawyer. From my perspective as a mediator, I feel having diversity on the roster is important as it provides different skill sets, different perspectives, and different cultural backgrounds, which provides a diverse learning environment in which we all network, collaborate and benefit from. From my perspective as a lawyer, it provides my clients with choice, which is important as we are planning “their” discussion. When choosing a mediator, I ask my clients to consider if they have any preferences for the person they are choosing to facilitate their discussion. Often, they have none, but more often than not, they have particular preferences, which assists with their level of comfort and trust in the mediator and the process. I will often receive comments such as, “I would like an experienced mediator with more than a few years of practice,” or “I would feel more comfortable with a male mediator,” or “I would prefer a mediator who is Aboriginal and would not only respect, but also understand, my request to open with a prayer.”
I tend to align with the thoughts that these preferences do not impact the neutrality of the mediator, as the role of the mediator remains the same: to perform their work towards all of the parties in a neutral and unbiased manner that does not favour any one party over another.
Another interesting session involved learning about the latest in med-arb, which appears to be fairly infant in its use in British Columbia, but definitely emerging as a strong contender in ADR for those who want finality in process. The presentation included a general description of med-arb and how it differs from either mediation or arbitration independently, how the practice is used in different provinces in Canada, and also the benefits, pitfalls and challenges of such a process.
A question was posed as to how one would practice differently as a mediator in a med-arb process as opposed to their practice in a straight mediation process, and it was identified that you must be much more critical of your steps in the mediation portion, ie. Being mindful of the length of time you spend in caucus with each party to ensure balance so that if you are eventually the arbitrator, you are seen as completely neutral. Also, how do you ensure you are basing a final decision on only information provided at the arbitration and not mixing it with information you heard during mediation and possibly during private caucuses in mediation? I was feeling I would be uncomfortable with the changing of the hats described in this process, but we then heard about one way these concerns were being addressed, which is through a team approach, and that idea appealed greatly to me: I will conduct the mediation and if arbitration is required, you will go to my colleague for the arbitration portion.
The weather was not on our side the day of the conference, it was mostly overcast, and did start to rain during the latter part of the day; however, this encouraged coffee drinking and networking and provided for opportunities for me to connect with colleagues working in various regions of BC, as well as fellow mediators from Victoria for whom I get little chance to speak with despite our close proximity. This conference highlighted for me the importance of remaining connected with the ADR community at large and reminded me that although it may feel as though we work in isolation, we do ‘share the land,’ and must remember to share our thoughts, questions, knowledge and wisdom, with each other, across that land.
Colleen Spier is a child protection mediator and family lawyer based in Victoria. A Métis woman, she is the Vancouver Island Representative of the Canadian Bar Association’s Aboriginal Lawyer’s Forum and the President of the Board of the Directors for Island Metis Family and Community Services, and an active board member of Metis Community Services in Surrey.