Bully boss or just a tough cookie?


I came across this great article by Kathleen Schulweis posted at www.Examiner.com. It details how managers should look internally and at themselves when there seems to be conflict with those who work under them.

The questions she suggests managers ask themselves I find comical in the sense I think we can all recall a time working for someone like that. The good news is now they can turn to Kathleen for help!

Do you feel frustrated and maybe even betrayed by team members who seem unwilling to participate?

Does their behavior leave you feeling isolated, and burdened with the responsibility of feeling like you have to do everything yourself?

Are you fed up with having to deal with insolent, unresponsive, defiant employees?

If you answered yes to any of these questions, you might want to consider the possibility that their behavior is simply a reaction to your own.

Some of the self-reflecting questions for managers:

1) Do your team members remain silent when you ask for feedback and suggestions?
2) Does yelling and screaming seem like the only effective way you can get them to do the work? 3) Do you feel isolated and misunderstood?

If you enjoy this snippet, read the whole article [here].
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FINRA Members Not Happy With Ombudsman, Changes on the Way?

A recent reuters article mentions how there were recent elections to the board of FINRA. Many members, and representing firms are not happy with it's current setup.

"Three small-broker executives became on August 12 the first dissidents ever to win election to the Financial Industry Regulatory Authority's governing board, besting the regulator's nominees. Brokers at the annual meeting also approved, by a wide margin and over FINRA's objections, seven proposals that could compel FINRA to open up to members."

"...Roughly 4,300 small firms, those with less than 150 employees, comprise 92 percent of FINRA's members, but occupy just three seats on a board."

"...The overwhelming support for an independent inspector general at FINRA shows members are not satisfied with the results they get from FINRA's ombudsman, said Norensberg."

Full article here.


- Posted using BlogPress from my iPad
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A myth is a commonly-held but false belief, a common misconception, or a popular conception which exaggerates or idealizes reality (see here for more definitions).

Does the mediation world have its own myths? In this episode facilitated by Tammy Lenski, Diane Levin and Amanda Bucklow discuss persistent myths in our field, where they come from, how much (if any) truth is in them, and what we think should be done with them.

We focus on these three questions:

What persistent myths most vex us and why?

What do those myths, individually or collectively, do to public understanding of our work?

What should mediators and other ADR professionals do when they hear these myths perpetuated?

read more " "

Bullying Responses

(Herald Sun)
A new book by an Australian expert on bullying in schools has set out six methods used by teachers to tackle this scourge of the playground.

Bullying Interventions in Schools: Six Basic Approaches by Dr Ken Rigby explores traditional and contemporary ways to prevent and intervene in cases of bullying in primary and secondary schools.

Read the full article [here].

Six approaches to bullying are listed by Dr. Ken Rigby:

1. Traditional Disciplinary Methods
This is the oldest form of dealing with bullying and the most popular of all approaches, Rigby says.

2. Strengthening the victim
This sets out to equip the victim with the skills to counter a bullying attack themselves.

3. Mediation
Teachers or trained students take on the role of mediator

4. Restorative Justice
This method begins with the feelings of remorse the bully voluntarily expresses.


5. Support group
Formely known as the no-blame approach, the first step in this method is to hear from the victim and the ways in which bullying has affected them


6. Method of shared concern
Another non-blaming approach to bullying, this is the most comprehensive and complex method in the book, Rigby says.

Read the full article [here]


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Australia: Civil Dispute Resolution Bill Introduced

Those is Australia and beyond might find this interesting. This bill was introduced into Parliment July 16th as method to promote ADR services instead of litigation.

From the article (which gives some great information, I suggest reading it
here):

The Bill implements recommendations by the National Alternative Dispute Resolution Advisory Council following its recent inquiry into the use of alternative dispute resolution in the civil justice system administered federally. Those recommendations seek to address a number of perceived inefficiencies

The explanatory memorandum states that the bill aims to:

* change the adversarial culture often associated with disputes;

* have people turn their minds to resolution before becoming entrenched in a litigious position, and

*where a dispute cannot be resolved, ensure that issues are properly identified, reducing the time required for a court to determine the matter.

Implications for Australian Government agencies
...If the Bill is passed, Australian Government agencies (and their external lawyers) will need to carefully implement an additional process in order to ensure that methods other than litigation have been fully considered before commencing proceedings.

What proceedings does the Bill apply to?
The Bill applies to proceedings commenced in the Federal Court or the Federal Magistrates Court. There are however a number of exceptions which are listed at clauses 15 and 16 of the Bill, the main ones being:...

What does the Bill require the parties to do?
At the time of commencing proceedings in the Federal Court or Federal Magistrates Court, an applicant is required to file a statement with the Court which sets out the "genuine steps" that the applicant has taken in an attempt to resolve the dispute (called a "genuine steps statement") or, if no such steps have been taken, the reasons why.
The respondent must also file a "genuine steps statement" in response to the applicant's statement...

How can the court use the "genuine steps statement"?
The Bill provides that the court may have regard to the fact of filing or not filing a "genuine steps statement" and to whether the parties took genuine steps to resolve the dispute in performing its functions or exercising its powers in relation to the proceedings...
Consequences of non-compliance

The Bill does not allow the Court to prevent commencement of the proceedings because of non-compliance with the requirement to file a "genuine steps statement." However, it does give the court the right to take the failure to file one into account in making costs orders....

Read more [
here]
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New Law For Mediation, Same Ole Requirements


Another new mediation program, another program requiring the mediator to also be an attorney:

Plaintiff and defense lawyers are trying to gauge the overall impact of a new state mandate requiring mediation in medical malpractice cases.

So far, the apparent consensus is the new law may take smaller cases off the litigation track, but won't resolve big-ticket cases that require the opinions of experts and extensive discovery.

The provision, which became effective July 1, calls for the presiding judge in the judicial district where a med-mal case is filed to refer the matter to a 120-day period of mediation or to another form of alternative dispute resolution "before the close of the pleadings."

The first mediation session is to be conducted by the presiding judge, or another designated judge, not more than 20 business days after the initial referral. At the end of the one mandatory session, if the judge and parties don't agree the matter can be settled, and don't agree to continued mediation, "mandatory mediation under this section shall end."

But if the one-session mandatory phase fails, the parties may agree to keep trying, and the statute next calls for the presiding judge to refer the case for mediation.
The judge is to make a referral to a Connecticut lawyer with at least five years of membership in the state bar.
Plaintiffs and defense parties split mediation costs.


Admittedly, I have done no research on this but after reading the following quote:

"For the last 10 or 15 years, there has been a program of court-annexed mediation, in which cases are referred to judges with extensive medical malpractice experience," said Jaffe, who specifically cited Superior Court Judges Anthony Robaina, Terrence Zemetis and Jonathan Silbert.

I wonder what formal mediation training the judges have?


Full article [here].
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Latest from ADRhub.com


The Difference between Settlement and Resolution
Susan Diehl-
...Settlement, especially in a litigation context, means that all elements are in place to end a conflict. This may result in the payment of money, the doing of tasks, or the ending of a lawsuit. What settlement sometimes fails to address is the root cause of the conflict. Often, settlement processes focus on getting to the "bottom line" of monies to be paid. It is haggling, posturing and distributive bargaining.
Australia: Civil Dispute Resolution Bill Introduced
The Bill implements recommendations by the National Alternative Dispute Resolution Advisory Council following its recent inquiry into the use of alternative dispute resolution in the civil justice system administered federally. Those recommendations seek to address a number of perceived inefficiencies
The explanatory memorandum states that the bill aims to:

* Change the adversarial culture often associated with disputes;
* Have people turn their minds to resolution before becoming entrenched in a litigious position, and
* Where a dispute cannot be resolved, ensure that issues are properly identified, reducing the time required for a court to determine the matter.

Debunking Persistent Myths in the Mediation World
A myth is a commonly-held but false belief, a common misconception, or a popular conception which exaggerates or idealizes reality (see
here for more definitions).
Does the mediation world have its own myths? In this episode facilitated by Tammy Lenski, Diane Levin and Amanda Bucklow discuss persistent myths in our field, where they come from, how much (if any) truth is in them, and what we think should be done with them. We focus on these three questions:
What persistent myths most vex us and why?
What do those myths, individually or collectively, do to public understanding of our work?
What should mediators and other ADR professionals do when they hear these myths perpetuated?
Our recent web panel discussion featured Ken Cloke of Mediators Beyond Borders. The archive can be listened to [here].
There were over 50 posts and 23 topics started. Check out the indepth conversations [here]
More News, Jobs, & Postings
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No Fly List Ombuds

Canadian ombudsman appointment won't derail court challenge of UN no-fly list

OTTAWA — A court challenge against Canada's participation in the United Nations anti-terrorist sanctions regime will proceed despite the recent appointment of Canadian lawyer Kimberly Prost as UN ombudsperson to handle appeals from people who want their names taken off the no-fly list and seek access to their assets.

Prost was appointed in June, nearly six months after the 15-country UN Security Council responded to widespread criticism by deciding to appoint an impartial ombudsperson to handle requests by individuals and organizations seeking removal from the lists made by the Security Council's "al-Qaida and Taliban" sanctions committee.

University of Ottawa law professor Amir Attaran, an adviser in the court case, says Prost's appointment is only a "face-saving" effort for a fundamentally unfair UN process that has been struck down in the U.K. and some other countries...

Read more [
here].
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Questions Hover Over Popular Ombudsman Program


(From CaliforniaHealthLine.org) Usually, committee meetings in Sacramento are pretty sparsely attended affairs. You have committee members listening, bill presenters talking and sometimes as many as half a dozen lobbyists stepping up to briefly weigh in.

But at a recent Senate Health Committee hearing, when it came time for people to enter their support into the record, the line of advocates went far past the usual half-dozen -- it stretched all the way to the back of the chamber, where a knot of people waited to join the queue.

They were all there to state their support for the Long-Term Care Ombudsman Program.

There are 35 local ombudsman programs in California, with about 1,200 volunteers visiting approximately 9,300 senior housing sites, nursing homes and assisted living facilities across the state. The program is run by the Long-Term Care Ombudsman Program, a state agency within the Department of Aging.

At the same time, many questions have been raised about the program's size, scope and duties. Just how much responsibility should be given to volunteer advocates? How should the state structure this organization? Should it be an independent agency? And from where will funding come?

Money, Money, Money

The governor cut all general fund money for the program in 2008, totaling $3.8 million. Lawmakers later restored almost half of it, $1.6 million, to keep the program afloat...

Read the full article [here].

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