it-IT QUADRA News and Events http://www.adrquadra.com 19 April 2012
Quadra is organizing the first international edition of the course in transformative mediation techniques. The course is a unique opportunity to practice the transformative method under the guidance of Prof. Folger, father of the transformative approach to conflict and professor at Temple University in Philadelphia. The event, organized in four days in which the participants will acquire the skills necessary for the exercise of transformative mediation, is particularly indicated to those mediators who wish to approach them-selves for the first time to this technique.   Participants will gain an understanding of the theory and basic skills necessary for the practice of transformative mediation which includes: Understanding transformative conflict theory and the concepts of empowerment and recognition. An understanding of the relationship between a third party intervener's motivations and the interventions used in practice; The skills to focus on and attend to the moment-by-moment interactions of the participants; The ability to truly facilitate and engage in non-directive interventions which respect the participants' competence and good faith; The capacity to take a responsive rather than directive or evaluative role in intervention. The course will be held in Milan in October the 17th, 18th, 19th and 20th 2012. For further details, see the details of the course >>> Link Note: the course will be limited to 20 participants and will be taught in English language. Some exercises may he also be taught in Italian and/or in the participants' own language.]]> http://www.adrquadra.com/eng/eventi/mediation-training-transformative-approach-to-mediation-joseph-folger-october-2012-italy.php http://www.adrquadra.com/eng/eventi/mediation-training-transformative-approach-to-mediation-joseph-folger-october-2012-italy.php 14 April 2012
Why did you lie to us? I didn't lie, exactly. But you told us that certain things happened - and those things didn't happen. Some of them did happen, and others of them could have happened. But those ones that you say could have happened. . . you told us they DID happen. I guess I was going for a larger kind of truth. A larger kind of truth? Yes, I wanted to create an impression of the big picture. . . and I think I did that. Ok, but you knew that we wanted just plain, actual truth, the kind where the things you say you saw. . . you ACTUALLY saw. You knew that’s what we wanted. And you confirmed that you had seen those things. And then we vouched for you on the radio. Well I'm sorry.   This is the gist of a conversation I heard (not the actual verbatim conversation - I'm going for a larger kind of truth) on the radio a couple weeks ago. It was on This American Life with Ira Glass - the full audio of the show is available here , and the conversation I'm paraphrasing starts at 27:37 in the audio. Glass confronts a writer who misrepresented the factualness of his story. The writer remains defensive throughout, but Glass manages to ask the interesting questions about which things he lied about, what he was thinking when he lied about them, and that sort of thing. It was fascinating to listen to because of Glass’ focus on trying to understand just what the writer had been thinking; and it was fascinating because of the vulnerability of the writer as he is confronted about his lies. These are the types of conversations that I see in my mediation office, the ones where at least one party gets to ask the other party all the questions they have. And shifts happen in these conversations. Sometimes the asker just resigns himself that the other party isn’t going to come clean. Other times, the responder succeeds at helping the asker understand differently what happened. The shifts are usually incremental; but the parties achieve an understanding far more nuanced than where they started, "You lied” – “No I didn't". So what does it say about my mediations, if the same types of conversations, with similar increases in clarity and mutual understanding, can happen without me or any mediator there? I’d like to guess that even more significant shifts would have been made if I were there, but I don’t know. Sometimes, the conversation in question wouldn’t happen unless a mediator lets the parties know that it’s a possibility. And sometimes the mediator’s mere presence inspires the parties to greater leaps of strength and responsiveness. And mediator-less transformative conversations also happen all the time in movies and TV. In the movies, when the protagonist says she's not gonna take it anymore and stands up, confronts whomever needs to be confronted, and speaks her truth - that's an empowerment shift. In romantic comedies, toward the end, when both main characters realize the other person has always been the one – those are recognition shifts. In sitcoms, when all the misunderstandings get cleared up at the end, those are recognition shifts. I’d like to believe the shifts would be more profound if we were there. Or maybe the shows would just be much shorter. Imagine how quick sitcoms would be if we were there to clear up the misunderstandings as soon as they emerged. But the fact that clarity and understanding emerge without a mediator reminds me that my job is merely to support, but never to supplant, the parties’ process. These successful mediator-less conversations prove that the parties have what it takes.   (Source: Institute for the Study of Conflict Transformation Blog - link )]]> http://www.adrquadra.com/eng/news/mediators-arent-always-necessary-or-the-parties-have-what-it-takes.php http://www.adrquadra.com/eng/news/mediators-arent-always-necessary-or-the-parties-have-what-it-takes.php April 2012
We are very glad to announce that recently our Scientific Commitee has grown: we welcome professor Joseph Folger, now a permament member. We believe this to be an important step forward aimed to keep our commitments in providing interesting and high quality training, events and resources to our community of mediators and ADR enthusiasts in general, also with the precious collaboration of the INSTITUTE FOR THE STUDY OF CONFLICT TRANSFORMATION - Philadelphia. Mediations statistics, in terms of number of proceedings, still have a positive trend in Italy, with roughly 10.000 commercial mediations last February. Notwithstanding... Keep Reading >>>]]> http://www.adrquadra.com/eng/news/april-2012-newsletter-adr-quadra.php http://www.adrquadra.com/eng/news/april-2012-newsletter-adr-quadra.php 3 April 2012
Short BIO: Dr. Folger is a Professor of Communication at Temple University in Philadelphia. He received a Ph.D. in communication from the University of Wisconsin and served on the faculty of the University of Michigan prior to his appointment at Temple. He is a former chair of the communication department and the former Associate Dean for Research and Graduate Studies at the School of Communications and Theater. He conducts research and teaches in the area of conflict management, mediation, group process and decision-making. Dr. Folger has worked extensively as a third party intervener and mediator in organizational, community and family disputes. He has been the program chair for the National Conference on Peacemaking and Conflict Resolution and has helped to establish several major conflict intervention programs. He is currently a senior consultant with Communication Research Associates where he conducts communication skills training, coaching and conflict intervention. Dr. Folger has published extensively in the area of communication, conflict and mediation. His recent books include the award-winning volumes Working through Conflict: Strategies for Relationships, Groups and Organizations, 3rd Edition (with S. Poole and R.K. Stutman) and The Promise of Mediation: Responding to Conflict through Empowerment and Recognition (with R.A.B. Bush). He has also published numerous research articles as well as the edited volume, New directions in mediation (with T. S. Jones). Most recently he completed a two-year mediation training development project funded by the Hewlett and Surdna Foundations. He is also co-editor, with R.A.B. Bush of the new publication, Designing Mediation: Approaches to Training and Practice within a Transformative Framework (Institute for the Study of Conflict Transformation, 2001).  Joseph has recently attended (amongst the speakers) the First Italian Congress on Transformative Mediation, organized by Quadra in Milan (LINK) During this Autumn, Quadra is also organizing some very interesting advanced training in transformative mediation techniques, to be held directly by the co-author of  "The Promise of Mediation", together with other Quadra's faculty members. Details will be published soon on this website. ]]> http://www.adrquadra.com/eng/news/joseph-folger-adr-quadra-scientific-committee.php http://www.adrquadra.com/eng/news/joseph-folger-adr-quadra-scientific-committee.php 19 April 2012
Quadra confirms its participation to the Congress. Carlo Mosca (Head of Quadra's Scientific Committee) will be amongst the speakers. Veronica Ceria, Quadra's Managing Director, will be in Rome too. The topic convered by C.Mosca at the Congress will be: transformative mediation in the commercial sector. For further details, please download the attached flyer (in Italian)]]> http://www.adrquadra.com/eng/eventi/mediation-conference-rome-april-2012-adr-quadra.php http://www.adrquadra.com/eng/eventi/mediation-conference-rome-april-2012-adr-quadra.php 30 March 2021
Giuseppe Leone (Virtual Mediation Lab) interviews Carlo Mosca, head of the Quadra's scientific committee, about Transformative Mediation. ** English Subtitles]]> http://www.adrquadra.com/eng/news/transformative-mediation-interview-carlo-mosca.php http://www.adrquadra.com/eng/news/transformative-mediation-interview-carlo-mosca.php 21 March 2012
The data have been updated following the publication of new national statistics (updated till December 31, 2011) - Link to website of the Ministry of JusticePoints of comparison: Dispute value Mediation categories (i.e. mandatory, voluntary, demanded by court...) Responding party attendance rate Responding party attending with legal counsel Proposer assisted by legal Outcome of mediation when both parties are attending Nature of dispute Amongst the percentages with wider discrepancy if compared to national data, Quadra highlights: Voluntary mediation procedures: 36% (vs. 20% national avg.) Average value of the dispute: 150,708 euro (93,700 euro vs. national avg.) Responding party attendance rate: 44% (vs. 36% national avg.) Positive outcome of mediation (in terms of settlement agreement) when both parties are attending: 86% (vs. 52% national avg.)NOTE: adopting only transformative approach To view the full statistics, download the attached document (in Italian). To view statistics as of January 2012, click here]]> http://www.adrquadra.com/eng/news/mediation-statistics-italy-quadra-2012-march.php http://www.adrquadra.com/eng/news/mediation-statistics-italy-quadra-2012-march.php March 2012
On Friday, March 9th 2012, we celebrated the opening of Quadra's offices in Milan. On this special occasion we organized the FIRST ITALIAN CONGRESS OF TRANSFORMATIVE MEDIATION, with the participation of prof. Joseph Folger, father of the transformative approach and co-author of the book "The Promise of Mediation". His opening speech was much appreciated and has raised much interest and many questions from the participants (more than 120). The presentation made by Prof. Folger about the Transformative Model, which puts on the same level the goal of reaching an agreement and more importantly the need of leaving to parties the possibility of self-made-choices, a sense of empowerment and recognition, has certainly given something to think about even to the staunchest supporters of the facilitative model. The following round-table generated... Keep reading >>>]]> http://www.adrquadra.com/eng/news/march-2012-newsletter-adr-quadra.php http://www.adrquadra.com/eng/news/march-2012-newsletter-adr-quadra.php 7 February 2012
Points of comparison: Dispute value Mediation categories (i.e. mandatory, voluntary, demanded by court...) Responding party attendance rate Responding party attending with legal counsel Requesting party attending with legal counsel Outcome of mediation when both parties are attending Nature of dispute Amongst the percentages with wider discrepancy if compared to national data, Quadra highlights:   Voluntary mediation procedures: 36% (vs. 23% national avg.) Responding party attendance rate: 44% (vs. 31% national avg.) Responding party assisted by legal counsel: 86% (vs 21% national avg.) Mediation outcome with both parties attending: 86% (vs. 53% national avg.) To view the complete stats, please download the attachment (PDF) ]]> http://www.adrquadra.com/eng/news/mediation-stats-national-adrquadra-2012.php http://www.adrquadra.com/eng/news/mediation-stats-national-adrquadra-2012.php January 2012
The diffusion of civil mediation is one of the four main points of the annual report on the status and efficiency of justice in Italy: the Minister of Justice presented the report on January 17th 2012. If compared to the over 9,000,000 civil cases left behind and the only 33,000 mediations registered in the first half of 2011, the November trend of 53,000 mediations represents just a small growth. It is evident that the road ahead is still long and it is equally true that the protagonists who could play a decisive role, such as judges, have not yet decided....   >>> keep reading the newsletter by clicking here]]> http://www.adrquadra.com/eng/news/january-2012-newsletter-adr-quadra.php http://www.adrquadra.com/eng/news/january-2012-newsletter-adr-quadra.php 9 March 2012
Details for each workshop are being constantly updated:     Workshop I – Medical (coord. Rossana NOVATI) - UPDATE  Workshop II – Constructions (coord. David RICHBELL) - UPDATE  Workshop III – Workplace (coord. Jane GUNN)  Workshop IV – Commercial & Corporate (coord. Antonio NASCIMBEN) - UPDATE  Workshop V – Victim-Offender Mediation (coord. Lawrence KERSHEN) - UPDATE  Workshop VI – School (coord. Vincenza BONSIGNORE) - UPDATE Go to Congress general info: LINK]]> http://www.adrquadra.com/eng/news/congress-workshops-in-parallel-mediation-in-action-details-mediation-transformative-milan-2012.php http://www.adrquadra.com/eng/news/congress-workshops-in-parallel-mediation-in-action-details-mediation-transformative-milan-2012.php 9 March 2012
THE PROMISE OF MEDIATION - THE EUROPEAN PERSPECTIVE 1st Italian Congress on Transformative Mediation within the frame of Directive no. 2008/52/EC   UPDATE (21 FEB 2012): THE CONGRESS IS SOLD OUT MILANO Blend Tower – 7, piazza IV Novembre March 9th 2012 Quadra is a private accredited provider of ADR services, including mediation. It supports the transformative model and launched in 2011 special projects aimed to encourage recourse to mediation in civil and commercial disputes. The congress is an opportunity for the entire Italian mediation community to share ideas and experiences, so to enhance practice and align to world-class standards. The opening lecture is of paramount interest. In 1994 professor Folger and his colleague Baruch Bush shocked the mediation world with their book The Promise of Mediation. Their ideas, further developed in the 2005 second edition have determined a deep review of the Harvard-style facilitative dominant mainstream, based on negotiation and basically aimed to reach interest-matching solutions. The transformative model, instead, assumes conflict to be a crisis of interpersonal relationship, and works on these elementary dynamics. Both models will be the subject of the Round table, aimed to enlighten how the quality of mediator’s intervention and the techniques he displays, are determined by the model he adheres to. The afternoon workshops will cover specific areas; they will run in parallel and discussions will be reported to plenary, so to have a comprehensive final view on how transformative mediation may be adopted within the frame of present statutory regulations. Each workshop will be coordinated by an expert of the field, so to create a unique opportunity to discuss relevant major issues, and specific techniques. Attendance to free opening lecture is subject to timely submission form. Limited seats available. Attendance to the remaining part of the event (Congress Portfolio, Round Table, one Workshop to be selected among those available, and final session) costs € 200 + VAT (early bird reduction to € 160+VAT in case payment is made before January 31st, 2012). Lunch and refreshments included. The introductory lecture by prof. Folger and the Round Table will be in English with Italian simultaneous translation. The workshops will be run in Italian; however, to non-Italian speakers will be offered a translation in English. The venue of the congress is at a walk distance from the Milan central Station. Those who desire to spend a night in one of the neighbour hotels, please contact Quadra for advise on special rates available. LINK TO THE EVENT IN DETAIL Please download below the official brochure of the event. ]]> http://www.adrquadra.com/eng/eventi/1st-italian-congress-on-transformative-mediation-within-the-frame-of-directive-no-2008-52-ec-milan-ninth-march-2012.php http://www.adrquadra.com/eng/eventi/1st-italian-congress-on-transformative-mediation-within-the-frame-of-directive-no-2008-52-ec-milan-ninth-march-2012.php 9 March 2012
Mediation in Action – School (coord. Vincenza BONSIGNORE)Points for discussion: • Conflict in School: Peculiarity of conflict in schools Terms and premises on which can be based a training in schools concerning the topics of conflict and various dispute resolution techniques, in particular mediation • The project “To grow learning how to manage conflicts”: Brief presentation about its development in 15 schools in Milan (different grades and fields) Results and outcomes of the project • The transformative approach: Applicability in the school field Development and further research ]]> http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-school-2012.php http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-school-2012.php 9 March 2012
Programme: Transformation through Restorative Justice Part I: Restorative Justice - What is it? The Scope of Restorative Practice - the UK experience When should RJ be used - and when should it not? RJ and commercial mediation  e.g. “How do I get my voice heard?”  “How personal can I be?” Transformation through RJ  i.e. transformative of o emotions e.g. fear, anger o perceptions e.g. of others, self o effects e.g. completion, closure, letting go Developing Restorative Practice Part II: Questions and Answers – discussion  (coord. Lawrence KERSHEN)]]> http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-victim-offender-criminal-2012.php http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-victim-offender-criminal-2012.php 9 March 2012
Mediation in Action – Commercial & Corporate (co-ord. Antonio Nascimben)Points for discussion: • Development of commercial mediation in Italy. The 2003 Company conciliation model and new perspectives under decree no. 28/10 First statistical data concerning commercial mediation under decree no. 28/10 ADR centres and commercial mediators • “Businessmen too have a soul”: Dominant paradigms and perspectives for a humanistic approach Empowering parties in a commercial dispute • How to get to table thanks to a contractual clause: The added value of mediation clauses; Examples of clauses and tips for drafting; Multi-tier clauses (mediation & other) ]]> http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-commercial-and-corporate-2012.php http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-commercial-and-corporate-2012.php 9 March 2012
Mediation in Action – Workplace (co-ord. Jane Gunn)   Points for Discussion • Designing the Process Involving participants in design of the process Interests based design and interests based process • Slow Mediation Giving the parties time and space The Zigzag Principle • What is Success Settlement? An opportunity for dialogue? Restoring working relationships? Transformation? • Avoiding Future Disputes Collaborative working practices What triggers adversarial behaviour at work? What triggers collaborative behaviour at work? • Conflict Coaching  ]]> http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-workplace-mediation-2012.php http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-workplace-mediation-2012.php 9 March 2012
Mediation in Action – Constructions (co-ord. David Richbell)Part 1 (30 minutes) Outline of situation in UK Legal landscape Mediation landscape Standards, regulation and associations Challenges in construction industry Historical/current dispute resolution methods Factors unique to the construction industry Transformative v Solution-based mediation and methods in between Part 2 (1 hour) Case study of construction dispute Snapshots in various phases of the actual mediation Challenges for the Mediator Part 3 (30 minutes) General discussion/question time  ]]> http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-constructions-2012.php http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-constructions-2012.php 9 March 2012
Mediation in Action – Medical (co-ord. Rossana Novati) Points for discussion: Medical malpractice mediation under current italian law Some statistical data Perspectives of the newly introduced Italian mediation system in relation to the medical field Judiciary context vs. Mediation context A “special” mediation for a “special” conflict Dominant models and perspectives for a humanistic approach Functionalism or transformation The experimental model Results of our research Specialised mediator training Training standards Learning steps Co-mediation: symbolical and relational aspects Training in transformative mediation: the basics  ]]> http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-medical-2012.php http://www.adrquadra.com/eng/eventi/transformative-mediation-congress-milan-workshop-medical-2012.php Novembre 2011
Operational data of the first six months since the enactment of the decree no. 28/10 have been published. The decree introduced in our country, for the first time, an organic discipline which provided, as noted, for the deflation of the judiciary case-load. The precedent situation was analyzed in late June. What are the most interesting data emerged from the surveys that the Ministry of Justice carries on the work of the several mediation bodies accredited (currently over 700)? Meanwhile, a given quantity for the number of applications submitted for mediation. We are more than 5,000 per month and growing. There was a peak in June (7'333) and a sharp decline in August (2'534). In absolute terms, it's a small thing, considering the input recorded by the judicial system (about 400,000 new cases / month), but clearly the mediation is still in the kick-offs and considerations will be weighed only between few years. Second observation: how many mediations are actually required (of course given that the parties can join the call to the request made to them or not)? Few (1 / 3 of total), but all in all in line with what is happening abroad for years. The negativity of the data is compounded by the fact that the Italian system provides mechanisms for "mandatory" with respect to the establishment of certain court cases in the general subject matter of mediation and sanctions against those who choose not to participate. Evidently it is not so strong bogey. As for the utility to the parties who have decided to bring the mediation, the Ministry was merely stating only that an agreement is completed or not. As known, the success of a mediation should not be measured only on this parameter, but there it is, for now. Here too low rates, about half of cases, where the average current - always to maintain a benchmark based on achieving an agreement - it is around 70-75%. Whether it's lack of ability of the mediators? It is possible that many of those involved in this first phase, the activity was the first opportunity to put skills on the pitch too hastily formed. Even so, you should probably wait for the sedimentation of good practice. Finally, as to the reason that led to the launching of proceedings is granted to record a preponderance (75%) cited reasons arising from "mandatory", and also an interesting percentage (23%) of mediations called voluntary, at the sole initiative of party without your even there was a clause requiring the use of the instrument. Definitely depressing but the percentage of mediation cases relating to "delegated" by the judge. This is a paltry 1%! And to think that the judges' contribution to the development of mediation would be made "no cost" to the process (4 months to give the parties to mediate a rule occupies only a portion of the ordinary court in hearing and hearing), oltrecché advantageous for the same concerned (how many judgments to be drawn up in less). It is perhaps only a matter of time, and returning the parties to the mediation will fall sooner or later in the habit of judging. For now it's just a missed opportunity. Last observation: the average value of the disputes brought to mediation is to 93'000 Euros. Not bad. Confirms that the mediation proceedings especially useful for questions of a certain value, blatantly defying the myth - widespread in recent years - something that was only for matters bagatellari.C. Mosca Go to the website of the Ministry Links]]> http://www.adrquadra.com/eng/news/mediation-in-italy-statistics-2011.php http://www.adrquadra.com/eng/news/mediation-in-italy-statistics-2011.php