But the level of animosity among some members of the court, particularly illustrated by the public spat between Chief Justice Shirley Abrahamson and Justice David Prosser, will lead to a drop in productivity, said Erin Johnston, a Chicago-based workplace conflict resolution mediator and owner of CFR Mediation Services.

Intense workplace conflicts often lead to breakdowns in communication to the point that any interaction is based on emotion, rather than rational thinking, Johnston said.

Rational thinking is a job requirement for the co-workers on the Supreme Court.

“It gets to the point where nobody wants to give an inch or weaken their argument,” Johnston said. “As a result, they aren’t focusing on the job at hand and just maintaining their own egos.”

Prosser said he can separate the conflicts with his co-workers from his role as a justice “most of the time,” though he declined to explain further to what extent the animosity affects his judgment.

The effect could extend beyond the bickering justices, Johnston said. If attorneys are appearing in front of Supreme Court justices whose focus is distracted by an internal feud, the attorneys might alter their arguments to compensate.

“Suddenly, an attorney is playing up picking at that internal conflict, which doesn’t have anything to do with their case,” she said. “That is not how it is supposed to work.”

That also does not match the reality of appearing before the Wisconsin Supreme Court, said Monte Weiss, a Fox Point attorney with Deutch & Weiss LLC.

“It doesn’t in the least come into my mind,” he said, “when I think about oral argument or how the court decides a case.”

A bickering court’s final decision in a case should be a concern, given the stakes involved for the public in Supreme Court decisions, said David Yamada, a law professor at Suffolk University in Massachusetts who has written extensively on conflict and incivility in the workplace.

“The implications are significant,” he said. “To a degree, personal conflict could enter into writing of majority, concurring or dissenting opinions.”

But Weiss also disputed that theory. He said he has argued before the Supreme Court on numerous occasions and has never thought court conflicts played a role in decisions.

“I think the justices are capable of separating their personal issues from the work before them,” he said. “It’s expected of judges.”

During the past several months, tensions between the conservative Prosser and the liberal-leaning Abrahamson have come into sharp focus, culminating with a report that Prosser, who is running for re-election, in February 2010 called Abrahamson a “bitch” and threatened to “destroy her.”

Prosser acknowledged the comments he made about Abrahamson were “inappropriate.”

“Not much good would come out of trying to defend or explain the comments,” he said, “so I simply apologize for an extremely poor choice of words and hope we can move on.”

Two months ago, Abrahamson called a public meeting to question why Justice Pat Roggensack asked for reimbursement for travel on a personal

project. The conservative bloc in turn accused Abrahamson of overstepping her authority when she hired two assistants.

Prosser has denied being the root of controversy on the court and accused its more liberal members, including Abrahamson, of trying to create a “foul atmosphere” and recruit candidates to run against him in this election.

He is being opposed by assistant attorney general JoAnne Kloppenburg and, he said, should he win the 10-year term April 5, court relations should improve because there no longer would be incentive to embarrass him.

Abrahamson did not return repeated calls for comment.

But Yamada said he doubts a Prosser re-election would solve the problem.

“It may address the inevitable question of whether the people are going to have to find a way to work things out,” he said. “The question mark is whether they are going to do so.”

But some say the dysfunction on the court is beyond the help of an outside mediator.

“What has been leaked out and now in public view is probably only the tip of the iceberg,” said Mike McCabe, executive director of campaign watchdog group the Wisconsin Democracy Campaign.

He said a resolution of the rift likely would arrive one of two ways: The justices find a way to set aside their differences, or voters make the decision for the court.

“They don’t have to like each other, but they do need to work together,” he said. “There needs to be a certain level of collegiality and the ability to talk to each other civilly.”

http://wislawjournal.com/blog/2011/03/25/divided-they-sit-high-court-conflict-threatens-credibility/

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The Master of Arts in Conflict Resolution prepares baccalaureate graduates and post-graduate professionals from various disciplines with current study, practical application and training in mediation, negotiation, conciliation and reconciliation. Bethel ICR graduates receive a MA in Conflict Resolution, certificates for completing training in Tennessee Supreme Court Rule 31 Family Mediation, Civil Mediation and Domestic Violence for Family Mediators.

“The Masters in Conflict Resolution prepares graduates to provide professional conflict resolution services in every area of dispute,” said Phillips. “Our graduates are fully and uniquely prepared to enter this profession and address the increasing demand for their services.”

Unlike seemingly similar programs, the Institute for Conflict Resolution relies heavily on a mentored experience for our students, according to Phillips. “Our faculty mentors partner with students to address issues relative to the course of study and the practice of dispute resolution, reconciliation and negotiation – our graduates are uniquely trained and prepared to be practitioners,” he said.

The thesis-based practitioner program prepares graduates for immediate employment or practice as mediators – one of the countries top 50 emerging professions in 2011, according to Phillips. “Never before has there been such a demand on the professionals dedicated to resolving conflicts, whether in a divorce, post-divorce, business, community or institutional setting,” he said. “It also offers the graduates opportunities in human resources, advising, consulting, law enforcement, management, professional development and more.”

http://www.prnewswire.com/news-releases/consensus-to-provide-mediator-training-in-bethel-universitys-master-of-arts-in-conflict-resolution-112199604.html

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[UKPRwire, Thu Jan 28 2010] Consensio, a leading conflict management and workplace mediation provider, today announces the launch of its Conflict Clinic. This free interactive service will allow HR professionals to access information on informal conflict resolution processes, including mediation and conflict coaching.

Consensio’s Conflict Clinic is a unique and bespoke service which offers HR professionals a one-stop shop for enquiries about managing workplace conflict. The Conflict Clinic will provide clear, practical and professional advice in a timely manner.

Although many organisations are aware of the costs of conflict and would like to offer informal in-house dispute resolution processes, they face various challenges. These include a limited capacity of staff with conflict resolution or mediation skills, a lack of awareness of mediation services, as well as the prevalence of employees who choose the formal route to conflict resolution.

The new ACAS Code of Practice on Grievance and Disciplinary Procedures recommends the use of mediation to resolve workplace conflict as a means of decreasing formal grievances and Employment Tribunal (ET) claims. Current figures show that ET claims are at a record high and these numbers are expected to continue to rise in 2010. With this in mind, and reacting to client demand for access to impartial professionals, Consensio has developed the Conflict Clinic to allow organisations to directly contact an expert for support and guidance.

“The use of alternative forms of dispute resolution, including mediation, to resolve workplace conflict is important in any type of organisation. But in order for this to be successful, staff within organisations require adequate skills, as well as confidence. Due to the significant cost of conflict to organisations and employees, organisations need to work harder to solve conflict before it reaches formal process and escalates to Employment Tribunal”, said Anna Shields, Director of Consensio. “The Conflict Clinic has been created to help organisations get support and advice from experts in the field, to answer questions and concers HR professionals may have, and to promote informal ways of resolving conflict, such as through the use of mediation or conflict coaching.”

To access the Conflict Clinic, please visit: www.consensiopartners.co.uk.

About Consensio
Consensio is a leading provider of conflict management and workplace mediation solutions to organisations across the UK. Consensio believes that each client is unique and its team of experts pride themselves in creating and delivering cost-effective bespoke solutions to help manage workplace conflict. Consensio works in partnership with its clients and offers an array of services including: mediation, coaching, consultancy and accredited training. Consensio’s customers span small organisations to FTSE 100 enterprises, in both the private, public and third sectors across the UK. For more information about Consensio, please visit: www.consensiopartners.co.uk.

http://www.ukprwire.com/Detailed/Business/Consensio_Announces_the_Launch_of_its_Conflict_Clinic_65689.shtml

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Mediator Julie McLaughlin joined Workplace Solutions in August to expand the company’s services to businesses and families in Cayman. “We are dedicated to facilitating constructive forms of conflict resolution in the workplace, at home and in the community,” Mrs McLaughlin said.

“We do this by assisting our clients in exploring creative options not only to resolve conflicts, but also to positively redefine ongoing relationships.”

Workplace Solutions has offered counselling services to the corporate sector for employees and their family members since 2005 and during this time discovered a gap in the market for mediation services. In the past Workplace Solutions’ director and therapist Dee Duggan found that some of the referrals she received would be best served by a mediator.

Mediators do not represent a specific side of a dispute or pass a judgement. They rather assist the parties in coming to a mutually agreeable settlement by facilitating the negotiation process and helping the parties identify their interests and needs.

Julie McLaughlin explained that although there are some overlaps between counselling and mediation, counselling is an ongoing relationship, whereas the mediator’s role is to resolve specific issues.

“These could for example be disputes between colleagues, problems with a parenting plan for a teenager or elder care issues, where we bring all the stakeholders together and work towards a resolution,” she said.

The mediation services are based on Alternative Dispute Resolution techniques, which can also be used as an alternative to judicial processes. Victim offender mediation is one of the areas, in which Workplace Solutions plans to work with the courts, to decrease their case load with regard to misdemeanours or petty crimes. Mrs McLaughlin, who was certified as a mediator in 1995, has experience in working in similar programmes in the UK and with the US Attorney’s Office in Washington, DC.

The company also expects to receive referrals for the new service from Human Resources departments to facilitate organisational change or to resolve tension in the workplace that can arise from disputes between employees, harassment complaints or discrimination.

“The cost of conflict to businesses is very high in terms of the management time that needs to be dedicated to it and the decreased productivity due to lack of motivation, sick leave or stress leave,” Mrs McLaughlin said.

“Mediation can help to alleviate some of these costs.”

Mediation can also be more economical in a divorce, where a contested divorce proceeding can lead to costs that are many times higher than what would be required for mediation, she explained.

Through mediation an efficient resolution can be reached in just a few hours over a period of two to three weeks. It leads to a mutually beneficial resolution, in contrast to litigation, where generally a ruling is passed in favour of one of the parties. The parties that are part of a mediation process have much greater control over the outcome of their dispute than they would in a court case, Mrs McLaughlin said. They also benefit from the confidentiality of the process.

She expects the main challenge for providing the service is going to be the raising of awareness of mediation and its benefits in general. Workplace Solutions therefore seeks to establish relationships with attorneys and the courts and will speak directly with Human Resources Departments and schools.

By Michael Klein, mklein@cfp.ky

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