|
The Western Center for Alternative Dispute Resolution was founded by Ellen and Daniel Yamshon over a decade ago. The Center provides training in negotiation and mediation, and provides consulting services for
mediation programs, particularly start-ups. Due to the high quality of the training Mr. Yamshon provides, many mediation programs use his training as a fundraiser for their organizations.
The Training In Negotiation and Mediation
The training offered by the Western Center for Alternative Dispute Resolution is a 38 hour course in negotiation and mediation. It is highly interactive, with lectures, discussions and role plays. During
the first half of the course, people learn the science of interest based negotiating. People learn strategy, tactics, approaches and negotiation analysis. Participants learn how to integrate their
interests with the interests of others to obtain negotiated agreements that deliver more than can be obtained through traditional adversarial negotiating. The course also includes an introduction to conflict
analysis as well as how to approach large, multi-party negotiations.
Armed with the knowledge gained in the negotiations portion, course participants learn how to facilitate the negotiations of others as a neutral mediator. Facilitation skills are developed, and deeper
explorations into conflict analysis are made. People in the course learn to criticize their own negotiation and mediation skills in order that they may constantly improve them. The course is designed to
give people the skills to resolve major, complex conflicts. Prior course offerings have been approved for continuing education credit by the California State Bar Association, The California Department of Real
Estate, The California State Board of Accounting and the Nevada State Bar Association.
Dispute Prevention and Conflict Avoidance
A valuable service provided by the Western Center for Alternative Dispute Resolution is developing systems of conflict prevention and dispute avoidance for complex projects. It is used where there are many organizations coming together with specialized skills or contributions to the project and the potential for problems is great. Conflict prevention is typically used in the construction industry where it is known that any project can have unexpected problems, and in large projects, the potential for claims and conflict is tremendous. A partnering workshop is specifically designed for each project after interviewing the primary stakeholders. The workshop allows the various organizations to operate as a united team. A united team is a strong team. Problem areas are defined beforehand, communication is improved, and potential solutions are worked out before specific problems arise. Oftentimes, the parties come into the project with a tremendous amount of suspicion and mistrust. The partnering workshop allows the parties to work together as a seamless unit, necessary for the project to run smoothly. In recent years, the construction industry has been characterized by cost overruns, delays and claims. With conflict prevention and partnering, extremely complicated projects have been brought in on time and on budget.
Policy Development
Facilitative and meditative techniques have also been used in public policy development. The Western Center for Alternative Dispute Resolution is experienced in such matters as developing use plans for
over-taxed public resources and in developing environmental plans and ordinances. In one example, the Western Center convened a multitude of competing interests ranging from developers, landowners, business,
water users, environmentalists and recreation advocates to develop a use plan for a major river system in the Western United States. The concerns of all parties were accommodated, and lengthy law suits
were avoided.
Collaborative Problem Solving
Collaborative problem solving is a valuable service provided by the Western Center for Alternative Dispute Resolution. Collaborative problem solving is utilized when multiple parties can agree on a common goal,
but there are conflicts in their methodology. For example rebuilding infrastructure after a natural disaster is a common goal of industry and government. Conflicts may arise over compliance with various
regulations, particularly environmental concerns, the need for rapid response and the need for efficiency. Collaborative problem solving allows agencies, industry and public interest groups to work together to
develop the best possible solutions.
|