Werner Newsletter - Spring 2011 - Final Version

8/6/2019 Werner Newsletter - Spring 2011 - Final Version

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Werner Institute NewsletterSpring 2011 1

W I N

W I NWerner Institute Newsletter

Spring 2011

Volume 3 - Issue 2

Creighton University School of Law

2500 California Plaza Omaha, NE 68178

Phone: 402.280.3852 Fax: 402.280.3756

w w w . l a w . c r e i g h t o n . e d u / we r n e r i n s t i tu t e

The Werner Institute is now fullyconnected in the world of Social Media

And of course, stay connected to the field of alternativedispute resolution by staying engaged on:

Click the images below to:

&
http://law.creighton.edu/wernerinstitutehttp://law.creighton.edu/wernerinstitutehttp://www.adrhub.com/http://twitter.com/#!/wernerinstitute/https://www.facebook.com/pages/The-Werner-Institute/118816184862080http://www.creighton.edu/werner/arbhttp://law.creighton.edu/wernerinstitute


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Creighton University

School of Law

2500 California Plaza

Omaha, NE 68178

402.280.3852

www.law.creighton.edu/

wernerinstitute

Faculty & Staff

Arthur Pearlstein

Jackie Font-Guzman

Bryan Hanson

Ran Kuttner

Noam Ebner

Bernie MayerAnat Cabili

Mary Lee BrockRobert Witheridge

Jay McCauley

Theresa Thurin

Publication & Presentation Highlightsfrom the Werner Institute Team

This year the WernerInstitute made it into the

US News and WorldReport dispute resolutionspecialty rankings amonglaw schools at #15, tied

with Stanford.

Noam Ebner, Assistant Professor

and Online Program Chair wrote achapter on Negotiation via Email

which was recently published in anew textbook on negotiation,Negotiation Excellence: SuccessfulDeal Makingedited by MichaelBenoliel. Another piece hecoauthored with Dan Druckman,entitled Simulation: Learningthrough Role Playing and Design,discussing novel uses ofsimulation-games for teaching in

the field of conflict resolution, issoon to appear in the Encyclopedia

of Peace Psychology, edited by DanChristie.

Noams LITTLE GOLANOsimulation-game recently won firstplace as the Best TeachingSimulation of 2010-2011 in the4th Annual Teaching Case andSimulation Competition sponsoredby EPARCC at the SyracuseUniversitys Maxwell School ofCitizenship and Public Affairs.LITTLE GOLANO, co-authored

with Yael Efron, incorporatesaspects of interstate conflict,international conflict resolutionand international law into asimulation suitable for teaching ina wide variety of frameworks. Thefull simulation, complete withteachers guide and materials fordownload, will appear shortly (in avariety of languages) on EPARCCs

website at http://www.maxwell.syr.edu/parcc_eparcc.aspx

Jacqueline Font-Guzmn andYanira Alemn-Torres published

an article in the Journal of Lawand Social Challenges. Vol. 12,Spring 2010 entitled: HumanRights Violations in Puerto Rico:Agency from the Margins.

Jacqueline Font-Guzmn has beenawarded a Fulbright

Fellowship. She will serve as a

Fulbright Senior Lecturer at theCarlos III University Law School inMadrid, Spain in Spring2012. There, she will teach basicnegotiation theory and practice forlaw students; mediation processfor graduate students in law; anddialogue and conflict engagementfor students in the MastersProgram in public and privatelaw. This well-deservedrecognition of Jackiesachievements in scholarship andteaching will enhance the

reputation of the Werner Instituteand the Law School.

Jacqueline Font-Guzmn has beeninvited by the Puerto RicoSupreme Court to deliver a lectureon confidentiality/privilege andenforcement of family mediationagreements. This internationalmeeting will take place in San

Juan, Puerto Rico in May 5 and 6,2011. The lecture is addressed toPuerto Rican judges and mediatorsemployed by the court.

During the Spring Semester RanKuttner was promoted fromAssistant Professor to AssociateProfessor. He finalized an articleon the wave/particle dualitytension in negotiation, drawinglessons from Quantum Physics tonegotiation dynamics, which willbe published next month at theHarvard Negotiation Law Review.

In addition Ran gave apresentation to the law faculty atUNL on mediation as a response to

authoritarian needs, and togetherwith Dr. Phillip Glenn fromEmerson College at a conferenceon Dialogue and Deliberation inMontreal on Analyzing negotiationvideos and identifying dialogic actsusing Conversation Analysis

methodology.
http://law.creighton.edu/wernerinstitutehttp://law.creighton.edu/wernerinstitutehttp://law.creighton.edu/wernerinstitutehttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://www.maxwell.syr.edu/parcc_eparcc.aspxhttp://law.creighton.edu/wernerinstitutehttp://law.creighton.edu/wernerinstitute


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Werner Institute Alum Profile - Jennifer Coppa MS 10

My education through the Werner Institute hasbeen a very rich and priceless experience. I have

grown to become a morepassionate, thoughtful

and caring person. Thecommunication skills Ilearned help me to be abetter friend, daughterand sister. Time in theclassroom made memore mindful, open,and aware of thefeelings and opinions ofthose around me.Outside of theclassroom myleadership skills greatly

increased because I nowknow better ways to communicate. I now assertmyself in a meaningful way while maintainingempathy and understanding.

When I enrolled in the Werner program I had noidea what I was getting myself into. I took theclasses and wrote the papers but had troublefinding a way to translate what I was learninginto a possible future career. In my last semesterat Werner, I signed up for my practicum in NorthOmaha. I taught young girls how tocommunicate, talk about their feelings andemotions. That summer the girls talked moreabout conflict styles and skills than they everhad before.

After graduating from the Werner Institute Ispent my free time searching for ways toincorporate my new Masters degree into myfuture career path. During my search I set upmeetings with various professionals in theOmaha area as a way to network and seekadvice. One such meeting led me to the office ofinCOMMONCommunity Development. I met

with Christian, Cait, and Calvin who are a few ofthe people behind a nonprofit seeking to improvecommunity vitality in the Park Avenueneighborhood.

inCOMMON has many diverse projects that aimat improving the daily lives of those living in theneighborhood surrounding Park Avenue (Theseprojects range from holding auctions, selling

local art, supporting local bands, creating acommunity center, and holding weeklycommunity meals for residents). Needless to sayI was very impressed with the successful

outreach of this small nonprofit.

I was the most fascinated with the outreachproject called the Listening Project. Thisendeavor utilizes the power of listening andstorytelling to empower local residents andrevitalize the neighborhood. I was drawn to thisproject because I fully believe in the power ofstorytelling and listening.

After taking the Dialogue class at the WernerInstitute I learned to really understand the valueof listening. Deep listening encourages empathy,

understanding and respect of the storyteller. In aneighborhood that is as divided and depressedas the Park Avenue Neighborhood listening isproving to be a very useful tool.

As I started volunteering with inCOMMONslistening project I began by interviewingmembers of the community. I realized that sucha seemingly simple concept of listening cancreate such profound results.

My work with inCOMMON has led me to anothernew endeavor in the new North Downtown area.Pie Lab Omahais a small nonprofit that is justgetting off the ground. This is a place forcommunity members to have an afternoonconversation over a slice of pie with residents ofNorth Omaha. It will be a place for people togain information, new ideas, lessons,conversations and even friendships between allmembers of the Omaha community.

Through volunteering and working withcommunity outreach projects I have done someof my most rewarding work. I honestly feel as

though our local community greatly benefitsthrough the help of educated and passionatepeople. Through my time at the Werner InstituteI am proud to say that I have become one ofthose educated and passionate people.

Feel free to contact Jennifer regarding her workexperience [email protected].

Jennifer Coppa
http://incommoncd.org/http://incommoncd.org/http://web.me.com/anneyork/Site/Welcome.htmlhttp://web.me.com/anneyork/Site/Welcome.htmlmailto:[email protected]:[email protected]:[email protected]://web.me.com/anneyork/Site/Welcome.htmlhttp://incommoncd.org/


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Updates from the ADRHub

Hello, Its Jeff Thompson, Werner Institute Alum(10) and co-admin of ADRhub.com. For thismonths newsletter I would like to give everyonean update on the latest happenings at our website

ADRhub.com. This includes webinars, podcasts,job listings, a book club, blogs and more!

Firstly, we are happy to announce thatADRhub.com has reach an important milestone -

we just passed our first year anniversary! Manyof you are members- a membership that hassurpassed 700. With that said, I know there aresome people in the Werner family that have yet tovisit, so we invite you to. As always, we welcomefeedback of any nature to help us make this sitebetter.

We had some fantastic webinars since our lastnewsletter and they are briefly highlightedbelow. Remember, even if you cannot make it tothe webinar for the live viewing, each one isalways archived and viewable for free.

December- Conflict Resolution AndEducation with Bill Warters

January- Divorce Mediation with PatriciaPowis

February- God In The Process- Is There A

Place For Conflict Resolution In Religion?With Rachel Goldberg and Brian Blanke

March- Mediators Corner With AlexYaroslavsky

April - Mediating Mortgage Disputes withMike Thompson

We have a total of 20 podcasts now available to belistened to at ADRhub.com. The purpose of thepodcast seriesis to offer news, insight, andinteresting topics in conflict resolution- all in 10

minutes! Topics have including Bernie Mayertalking about the update to his book, BaruchBush and Transformative Mediation, and JasonDykstra offering Twitter tips for mediators andconflict resolution professionals.

Are you trying to get into the conflict resolutionfield? Are you currently in the field and looking to

switch jobs? ADRhub.com has a sectionspecifically for jobs and is constantly updated-make sure to check it out.

We recently launched a book club atADRhub.com which has been verysuccessful. The purpose of the book club is toread a book outside of the conflict resolutionprofession, engage with your peers and reflect onthe topic from your professional perspective. Forthose who miss interacting the way you didduring your courses, the book club is definitelyfor you. What is even better is there are nopapers due each week! The next book club will bestarting June 1st.

Have a collection of papers you wrote during your

quest for your degree and collecting (virtual)dust? Consider posting them in our Paperssection. Also, consider creating a blog and

writing shorter versions of your paper. Creating ablog is a great way to give yourself greaterexposure and is an easy way to network with yourfellow peers- from all over the world! John C.

Turley and Susan Diehl are two great examples ofthis (good job you two!).

Finally, don't forget to visit the Werner Group atADRhub.com. It is a section exclusive for theWerner family. Yes, it had not been updated in a

while but as mentioned elsewhere in thisnewsletter, we are looking for feedback onpossibly putting together an Alumnigathering. The place to express your opinion, givefeedback and ideas are at the Werner Group onADRhub.com so please visit and let us know what

you think.

Also, you will find a section in the Werner Groupnew conversations on ways to stay connected (ofcourse in addition to ADRhub!) with your Alumninetwork through twitter, Facebook, Linkedin andmore.

Visitwww.ADRhub.comtoday!
http://adrhub.com/forum/topics/adrhub-december-webinarhttp://adrhub.com/forum/topics/adrhub-december-webinarhttp://adrhub.com/forum/topics/adrhub-december-webinarhttp://adrhub.com/forum/topics/adrhub-december-webinarhttp://adrhub.com/forum/topics/adrhubcom-january-webinarhttp://adrhub.com/forum/topics/adrhubcom-january-webinarhttp://adrhub.com/forum/topics/adrhubcom-january-webinarhttp://adrhub.com/forum/topics/adrhubcom-january-webinarhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-march-webinarhttp://adrhub.com/forum/topics/adrhubcom-march-webinarhttp://adrhub.com/forum/topics/adrhubcom-march-webinarhttp://adrhub.com/forum/topics/adrhubcom-march-webinarhttp://adrhub.com/forum/topics/adrhubcom-april-webinarhttp://adrhub.com/forum/topics/adrhubcom-april-webinarhttp://adrhub.com/forum/topics/adrhubcom-april-webinarhttp://adrhub.com/forum/topics/adrhubcom-april-webinarhttp://adrhub.com/profiles/blog/list?user=3ndiqvyc85hnchttp://adrhub.com/profiles/blog/list?user=3ndiqvyc85hnchttp://www.adrhub.com/http://www.adrhub.com/http://www.adrhub.com/http://www.adrhub.com/http://adrhub.com/profiles/blog/list?user=3ndiqvyc85hnchttp://adrhub.com/forum/topics/adrhubcom-april-webinarhttp://adrhub.com/forum/topics/adrhubcom-april-webinarhttp://adrhub.com/forum/topics/adrhubcom-march-webinarhttp://adrhub.com/forum/topics/adrhubcom-march-webinarhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-february-webinar-godhttp://adrhub.com/forum/topics/adrhubcom-january-webinarhttp://adrhub.com/forum/topics/adrhubcom-january-webinarhttp://adrhub.com/forum/topics/adrhub-december-webinarhttp://adrhub.com/forum/topics/adrhub-december-webinar


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Werner Institute contributes greatly tothe Heartland Mediators Conference

Mediation in the Age of Connectivity

May 5 - 6, 2011 Ankeny, IA

Featured Speaker:

James C. Melamed

For full conference details and to register please visit the conference website at:

http://nemediation.org/ext/RegConf2011.html

The Heartland Mediators Association annual conference is coming up on May 5th and 6th, 2011. Thisconference brings together mediators from the states of Nebraska, Iowa, Kansas, and Missouri. This yearthe conference will feature a one and a half day workshop on Mediation in the Age of Connectivitypresented by Mediate.coms Jim Melamed. It will definitely be an educational and entertaining event.

The Werner Institute will be greatly represented at the conference. Bryan Hanson, Assistant Director ofthe Werner Institute and President of the Nebraska Mediation Association, was a member of theconference planning committee and suggested the importance of including break out sessions in theprogram. With the inclusion of the break out sessions, the Werner Institute is providing three of the eightsessions. Here is a breakdown of the Werner Institute developed break out sessions:

MEDIATORS AS LEADERS AT THE AGE OF CONNECTIVITYRan Kuttner, Assistant Professor for Negotiation and Dispute Resolution, Werner Institute, Creighton University School of Law

This workshop will present cutting edge research in Leadership scholarship and draw the connections to the work ofthe mediator. It will demonstrate that leadership in the age of connectivity emphasis on skills that mediators haveand other skills that if acquired by the mediator, may help her redefine and challenge her professional identity inleadership terms accordingly.

THE ELEMENT OF FOCUS: EMBRACING CONNECTIVITY AND CONCENTRATION IN THE MEDIATION OF ORGANIZATIONALCONFLICTSRobert J. Witheridge, Ph.D., Assistant Professor Conflict Resolution, Werner Institute, Creighton University School of Laws

In an age widely defined by instant communication and connectivity, it is imperative to ensure that the fundamentaltenets of mediation are preserved through intentional concentration and focus throughout the organizationalmediation process. This workshop is directed at the leveraging the multifaceted role and strengths of social andtechnical networks to further enhance the effectiveness of organizational mediation in the 21st century.

THE NEXT GENERATION OF MEDIATORS: STRATEGIES FOR SKILL DEVELOPMENT AND NETWORKINGPanel Contributors: Bryan Hanson, Assistant Director, The Werner Institute, Creighton University School of Law;Bob Himschoot, J.D., Executive Development Center, University of Northern Iowa

This interactive breakout session will include a panel of mediators, educators, and students to discuss strategies

that future mediators can employ to develop the skills and the network to assist their entry into the field. Panelistswill share their insights while allowing time and space for questions from the audience.

Mediation in the Age of Connectivity

May 5 - 6, 2011 Ankeny, IA

Featured Speaker:

James C. Melamed

For full conference details and to register please visit the conference website at:

http://nemediation.org/ext/RegConf2011.html
http://nemediation.org/ext/melamed.htmlhttp://nemediation.org/ext/melamed.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/melamed.htmlhttp://nemediation.org/ext/melamed.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/melamed.htmlhttp://nemediation.org/ext/RegConf2011.htmlhttp://nemediation.org/ext/melamed.html


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Practicum Spotlights

If you have any questions about the practicum component of the WernerInstitutes program, or if you would like discuss utilizing students for a

project in your organization, contact [email protected]

Werner Institute StudentDesigns and Provides Conflict

Engagement Training

By, Nathaniel Dean

My name is Nathaniel Dean, I am a civilservant working for the U.S. Navy in the fieldof acquisition. I was drawn to the WernerInstitutes program because I believe thatnegotiation and conflict engagement are a

necessary skill set to have in any field. Also,living in a remote area of Maryland the optionof the online program proved to be anexcellent alternative to an on campusgraduate school experience. The skills andunderstanding I developed while completingthis program will hopefully prove to be a greatfoundation for future business opportunitiesintegrating skills sets from the acquisition/project management field with negotiation andconflict resolution. Within the next 5-7 yearsit is my goal to establish a credible andsuccessful business using all of the skillslisted above.

The practicum project provided a great firstchance to apply the negotiation and conflictresolution skills I obtained in a way that wasbeneficial for a third party organization. Bythe end of the project, I had the opportunity toasses an organizations needs, learn theirbusiness, and provide a deliverable in theform of training to address those needs.

I had the pleasure of working with WaldenSierra as my practicum site. Waldens mission

in the community is toprovide help and hopeto courageousindividuals healingfrom trauma andaddiction. Workingwith my sitecoordinator, LauraWebb, we determinedthat a trainingprogram to developconflict resolution

skills for the clientsand a portion of theWalden staff would bethe best way for me to

assist the organization. Laura explained thatindividuals who suffer from addiction andcomplete their recovery program often timesexperience rough transitions when returninghome to their families, friends, andemployers. There are often relationshipsthat need healing and pre-existing conflictsthat need to be engaged in new and

constructive ways.

The goal of my training was to help clientsmake that transition and assist them intheir everyday life by providing them someskills they could use to better engageconflict. To better understand the clientbase, I worked as a Warmline operator forseveral months. As a Warmline operatoreach week I would call 10 individuals andtalk about their recovery. These individualswere either in recovery, or a family member

of someone in recovery. This was an eye

(Continued on page 7)

Nathaniel Dean
mailto:[email protected]:[email protected]


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opening experience that established a good

foundation for the training and helped meto understand the Walden client base.

Working on the Warmline andconsultations with Laura allowed me toappropriately create my initial training.This training focused on communicationskills like active listening, creative problemsolving, learning to say and hear no, andincorporated opportunities for clients topractice those skills. The training was heldon a Saturday and was attended by roughly

thirty people. It was a great showing andeveryone seemed to enjoy the topics andactivities covered.

The second training I conducted was for thenon-clinical staff members of Walden.These members of the Walden staff watchand monitor the Walden clients 24 hours aday including weekends who areparticipating in the residential treatment

(Continued from page 6) program. Clients going through treatment attimes can be volatile and staff membersneeded additional ways of interacting with

the clients to help abate stressful situationsand help resolve conflicts that would ariseduring their shifts. For this training, Iconducted two focus group sessions, one foreach residential facility. These sessionsprovided a lot of great information andprovided the backbone of my trainings. Thistraining focused on exercising power, activelistening, body language, effectiveengagement, reframing, and creative problemsolving. These trainings were a lot of fun toconduct and were with smaller groups

between seven and ten people.

In the end, I am very thankful that Waldengave me the chance to work with them onthis project. Walden was very appreciative ofmy efforts and I continue to volunteer withthem still. I learned a great deal taking aproject from the idea phase to the executionphase and wish all future students the best

of luck.

Practicum Spotlights continued...

Diversity and Cultural Awareness Training:A Practicum Experience

By, Susan Diehl

I selected a Practicum with the DisputeResolution Center (DRC) in Ann Arbor,Michigan. The DRC website states: TheDRC provides low cost facilitation and

mediation services to the public andserves Washtenaw and LivingstonCounties through its offices in Ann Arbor,Michigan. It mostly gets referrals from

civil service agency and the courts.

My learning goals at the start of myPracticum were straightforward: 1) I

wanted to learn more about how best to

conduct training in the areas of cultural,

gender and racial diversity; 2) I wanted toenhance my mediation and facilitation skillsin situations where there is a diverse settingand I hoped to have the opportunity to

practice these skills; and 3) I wanted to helpthe Dispute Resolution Center plan how toroll out the training to its own volunteermediators and discover how to help share

this training with other mediation centersaround the State.

For the most part, I met these objectives.First, I was able to attend and audit several



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high quality learning eventsaround diversity.

Second, I mediated severalcases that involved conflictsthat stemmed from diversedemographic factors, such asage and gender. Third, Ilearned from, and helped theDispute Resolution Center planfor, the learning events it wantsto provide directly to itsvolunteer mediators and also forout-state mediation centers. I

drafted curricula for thesedifferent learning events.

Im continuing to work with the Center tocomplete the work that I have begun duringthe Practicum. Below, I will discuss mydiscovery process for the substantive work Idid with the Dispute Resolution Center, mypractical learning relative to my coursework

while at Creighton; and my reflection onwhat I have learned from this experienceand what I will take forward into my

mediation practice.

The main part of my discovery process wasto attend a diversity conference with theMaryland Mediation and Conflict ResolutionOffice (MACRO). The three day conferencehad a rich array of learning segments thatfocused on diversity of thought, culture andrace. I interacted with thought leaders inthe field of dispute resolution, and observeda number of techniques for helpingparticipants become self-aware relative tomediation. A highlight of the conference

was to learn from Baruch Bush, who shared

(Continued from page 7) important insights intotransformative mediation,

especially as it related to race.

A session on When RaceMatters was skillfully led byLou Geiszl, the current chair ofACR, and his colleague Cheryl

Jamison. By watching amediation role play focused on aneighborhood dispute, I

watched the dispute escalateinto a race based conflictspontaneously. As a workshopparticipant, I engaged in

deconstructing the escalationand learning how to diffuse it. Geiszl and

Jamison then came to Michigan to workwith the DRC to put together a workshop onrace and diversity for mediators inMichigan.

The workshop gave my supervisor and meanother opportunity to evaluate the tools wemight use to enhance self-awareness andskill building among mediators. Inparticular, the workshop focused on areas

where stereotyping is common in anexercise called first thoughts. This was aneye opening exercise for me, in that Irealized how many index cards I have inmy brain that could lead meto make unfairor inaccurate judgments about conflictparticipants with whom Im mediating. Ialso found myself feeling uncomfortable as Iheard stories from other conferenceattendees about how they felt discriminatedagainst by others. My takeaways from theconference were: 1) Learning about oneselfand ones own biases is a journey that goes


Susan Diehl



mailto:[email protected]:[email protected]


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well beyond a one-day workshop; 2) One

cannot learn in a workshop setting how todeal with a difficult and emotionally charged

mediation settingit takes practice andexperience; and 3) How humbling it is tohear the stories of other workshopparticipants who have been subjected toharsh discrimination and their positiveattitude towards making the world better.

The facilitation of this workshop wasexceptionally good; the leaders didnt lectureor preach their message, but rather, helpedthe participants to discover and learn ontheir own.

Perhaps it was because I chose to work on alearning-based project, but I felt that mycoursework at Creighton was an importantresource for me during the Practicum. Ireferenced many of the materials I used inthe course Culture, Gender, PowerDifferences in conflict (NDR 767), and beganto correlate the structural violence I learnedabout with the stories I heard from othersduring the workshops I attended, thedifferences of opinions that arose aroundtopics like race, and my own emerging

awareness of my white privilege. I recalleda video clip I had watched during NDR 767,called A Girl Like Me (found at http://video.google.com/videoplay?docid=1091431409617440489).

This was an excellent clip aroundstereotypes, and it was thought provokingas to how we define race and culture in oursociety. As I watched the girls in the video,I wondered "what is their context?", "in what

world are they living? I was able to capturethis feeling of being different as I did a roleplay during a mediation workshop at the

(Continued from page 8) DRC to demonstrate that diversity wentbeyond race, and black and white.

Overall, I felt like I finished the Practicum

with more questions than answers. This isnot to say that I did not advance mythinking in this area. Quite the contraryIbegan this stint with the DRCindeed, myNDR program with the Werner Institute,believing I was knowledgeable and nuancedin my ability to cope with conflicts involvingrace, gender and culture. Frankly, now Ifeel like I have a long way to go to translatethe theoretical and practical learning into amindset that I carry with me and refine over

the course of my life.

My thinking was challenged (gently) by bothmy site supervisor and fellow mediators atthe DRC throughout the course of thisPracticum. I discovered many biases that Icarried within me, that subconsciouslyshape my point of view and potentiallyinterfere with my impartiality. In the end,my greatest learning was my new foundsense of self-awareness, and frankly, self-consciousness.

I was privileged to immerse myself inlearning about how to most effectively guidemediators on their journey of addressing therange of diversity issues that emerge duringmediation and in the midst of conflict. Myown journey during this practicum has ledme to some uncomfortable places withinmyself. I had to rethink my own views ofdiversityam I as open to others as Ithought I was? I also had to deal with thestruggles of having no knowledge in thearea of curriculum development and having

to rely on others to guide my efforts.



http://video.google.com/videoplay?docid=1091431409617440489http://video.google.com/videoplay?docid=1091431409617440489http://video.google.com/videoplay?docid=1091431409617440489http://video.google.com/videoplay?docid=1091431409617440489mailto:[email protected]:[email protected]://video.google.com/videoplay?docid=1091431409617440489http://video.google.com/videoplay?docid=1091431409617440489http://video.google.com/videoplay?docid=1091431409617440489


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My practicum was the most interesting of mylearning experiences at the Werner Instituteof Creighton University. My final goal is tomake my mark in the HR field with myspecialization in conflict and disputeresolution. Therefore, I chose a practicum

which would help me gain experience in HRand will help me utilize my newly acquired

skills in conflict analysis and resolution.

I worked for a company which owns severalfast food restaurants in Omaha, Lincoln, andCouncil Bluffs Iowa. The function of thecorporation is to oversee the operations andmanagement of these restaurants. In the pastfew years since the time the new Presidenthas taken over this business, the employeeturnover had gone down from 300% to 120%.

The President wanted the turnover to

improve. The President wanted me to find outhow to reduce the turnover even morebecause the turnover had stagnated at the120%. One of the major concerns that thePresident had was that his employees werequitting during or right after training. He wasalso concerned about employee satisfactionlevel and was wondering if there were thingsthat need to be improved in the trainingprocess.

I analyzed all the requirements. Studied the

organization structure and designed mystrategy accordingly. In order to do this, Iinterviewed the President and the operationsmanager. In order to find out the reason foremployees quitting during, or after training it

was necessary to have two tools validating theconclusion. My first tool was a survey that Idesigned for evaluating the employee

satisfaction level and the second waspersonal interviews with the GeneralManagers who were currently working, or

who had recently finished training and whoquit after training.

The work began with the President of thecompany calling a meeting to introduce me tothe General Managers as an outsideconsultant. This gave me the opportunity tomeet all the General Managers and explainthem the purpose of the work I will be doing. Iused my mediation theories of building trustduring my introduction. This is where Idistributed the survey. I explained to themthat all surveys are anonymous and assuredthem about the confidentiality of the survey.

I analyzed the survey and the next step wasto design the questions for the individualinterviews of the General Managers. Idesigned open ended questions aiming atfinding out about the training programsprocess, General Managers satisfaction withit and reason for people quitting during orafter training.

During the interview I used elaborationquestions, direct clarification questions,

active listening and summary questions. Ialso prepared an opening statement for everyinterview in which I talked about myself andasked questions about the General Managersbackground to build credibility. After theinformal conversation I explained the purposeof the interview to the interviewee. I alsomentioned the confidentiality of theconversation by saying that whatever isdiscussed today will stay completely discreetand will only be utilized to get to a productiveanalysis.

I think this really helped people getcomfortable and they started talking morecomfortably about issues with me. I alsoasked permission to make notes and toldthem that they will be destroyed after the


Conflict Assessment

and Training in aCorporate Environment

By, Ashima Mehta



11/11


Non-Profit Org.U.S. Postage

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Permit No. 227

Omaha, NE 68178The Werner Institute

Creighton University - School of Law

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The Werner Institute would like to thank all

who have contributed to this newsletter.

project is accomplished. Before beginningasking questions I made sure that theyunderstood everything and asked if they had

any questions. During the interview process Idisplayed active listening by sometimesrepeating what the General Manager said andif required focused on the emotional contentof the message. Since there were a lot ofpeople talking about the one manager, Iutilized detoxifying reframing. I also tried tobe an empathetic listener maintaining myneutrality. I think by listening to the GeneralManagers and the issues, I brought a lot ofthe stress level down in the organization. Ialso used summarizing at the end of the

interview to clarify certain points and to makesure that I have collected all the data Ineeded.

All through the interviews I was strugglingbetween my previous knowledge about one ofthe managers regarding his inappropriatebehavior with employees and my sincerity fora friend. The situation became more

(Continued from page 10)complicated with the unpleasant stories thatthe General Managers had to share with meabout that Manager. In this situation my goal

was to stay neutral and make sure the

outcome is not affected by my bias andpersonal opinion. I consulted with my friendand fellow classmate, Christine Malloy. Shehelped me see the picture clearly and kept meout of my bias. Therefore during my analysis Itook the approach of taking the Person out ofthe Problem. This helped me figure out thestructural and operational issues that need tobe addressed which will take care of theconflict in hand. A recommendation provided

was the President have a group facilitationwith all the General Managers and Upper

management to address the issues. Ithoroughly enjoyed doing this practicum andam thankful to the right guidance of BryanHanson and the Werner Institute for helpingme through this opportunity.

http://law.creighton.edu/wernerinstitutehttp://law.creighton.edu/wernerinstitute

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Werner Newsletter - Spring 2011 - Final Version

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