A 2023 Weinstein JAMS International Fellow’s Mediation Seasonal Journey
Liliana N. Amione
Introduction
Seasonal Metaphor: Reflection and Growth
In October, as I find myself on the West Coast of the United States amid the Fall season, my thoughts drift back home to Argentina, where Spring has sprung!
I have always had a fondness for Autumn, finding it inspiring for self-reflection and personal change. Much like the falling leaves in Autumn, which prompt trees to prepare for renewal, this season encourages me to contemplate my growth and embrace the prospect of change.
Spring, on the other hand, is a lovely time to freshen up and bloom! As I navigate my journey as a 2023 Weinstein JAMS International Fellow, these seasonal changes serve as a powerful metaphor for my personal and professional development. Just as the natural world transitions from Fall to Spring, my path as a fellow mirrors this cyclical pattern.
Autumn Reflection: Shedding Old Perspectives
For me, Fall has become a time of introspection, and much like trees shed their leaves to prepare for renewal, during this phase of my fellowship, I’ve shed old ways that once influenced my thinking and actions.
Spring Growth: Embracing New Opportunities
Like fresh blooms symbolize rejuvenation and new opportunities, my experiences as a fellow promise blossoming and transformation. During my Fellowship, this sense of being “in-between seasons”, akin to the shifting of seasons in nature, has resonated with me. I’m reflecting on the lessons I’ve gathered during my autumn reflection to move forward into the next phase of my journey with newfound maturity. This thought encompasses both the changing natural world and the evolving phases of my fellowship, reminding me of the transitions in my life. Just as the seasons repeat each year, I too must continue to learn and evolve.
As I write these lines, I find myself swirling between these two states of mind and soul: reflection and growth. Now, as I prepare to transition into the second part of my Fellowship on the East Coast of the United States, I do so with a deep, refreshing breath, inwardly contemplating all the experiences that have enriched me during this journey. As I ease into the next chapter, I’m ready to embrace it like a “new leaf”, eagerly awaiting the growth and transformation nurtured by the experiences of this fellowship.
The Weinstein JAMS International Fellowship Program
The Weinstein JAMS International Fellowship Program, established in 2008, is a flagship international initiative of the JAMS Foundation in collaboration with Judge Danny Weinstein (Ret.). This program is designed to provide opportunities for ADR professionals from around the world to gain insights into dispute resolution processes and practices in the United States, equipping them to contribute to the resolution of conflicts in their respective countries. It’s intended for individuals with a demonstrated commitment to the field of ADR who aim to expand access to dispute resolution education, training, and services in their home regions and beyond.1
As I embarked on this life-changing journey, I couldn’t help but reflect on what led me to apply for this remarkable fellowship. A transformative moment etched in my memory stood out: a small conference room in my hometown’s city council, charged with tension over a proposed land swap. As a young lawyer, I was tasked with facilitating a meeting among the stakeholders to navigate these turbulent waters.
In that room, I witnessed the power of mediation in breaking down barriers and achieving understanding. This experience left an indelible mark on my passion for exploring problem-solving paths, deepening my commitment to mediation. It wasn’t merely about resolving disputes; it was about healing relationships and restoring harmony. I realized that by facilitating communication and helping individuals find common ground, I could contribute to the greater good and make a positive impact on people’s lives.
What drew me to this program, beyond its prestigious reputation, was its commitment to diversity and inclusion, which is essential for my growth as a mediator. My classmates represent a kaleidoscope of cultures, viewpoints, qualifications, and ideological backgrounds, which enriched my perspective as a global citizen and I’ve come to appreciate the complexities of mediation. In our diverse cohort, I’ve had the privilege of learning not only the technical aspects of dispute resolution but also the myriad cultural nuances that shape how conflicts are perceived and resolved in different corners of the world. The Weinstein JAMS International Fellowship Program stands as a pacesetter in advancing a global network of dispute resolution professionals with acute cultural awareness.
My journey as a Weinstein JAMS International Fellow has enriched my understanding of mediation and conflict resolution in ways I could have never anticipated. This experience has reinforced my belief that embracing diversity and inclusion isn’t just a checkbox on a program’s agenda; it’s a fundamental principle that should be at the heart of any effective dispute-resolution process. As a Weinstein JAMS International Fellow, I’m not only gaining the skills and knowledge to excel in mediation but also becoming a global citizen who understands the power of cultural awareness and inclusion.
My commitment to diversity and inclusion is not just a responsibility but a privilege, and I aim to share these principles within my community and country.
My Fellowship Journey
In March of this year, I received life-changing news – I had been selected as a 2023 Weinstein JAMS International Fellow, following a highly competitive application process. Coincidentally, this pivotal announcement came just days after a significant personal milestone, my wedding, and while my husband and I embarked on our honeymoon in Brazil.
This exceptional opportunity was made possible through the unwavering support of the International Mediation Institute, where I serve as Operations Manager. Within this nurturing environment, I found my mentor, Ivana Ninčić Österle, a member of the 2017 Weinstein JAMS Fellowship class and now Senior Fellow of the Weinstein International Foundation, whose guidance was instrumental in my journey.
While the path to this point had its challenges and moments of profound self-doubt, these experiences taught me the importance of perseverance and self-belief. I also came to a profound realization: our journeys are significantly enriched by the support of our loved ones to weather the storms within.
The news of my acceptance, while on my honeymoon, was a surreal blend of personal joy and professional triumph, affirming that the path I had chosen in the field of mediation was not only personally fulfilling but also recognized on an international scale.
My journey to becoming a Weinstein JAMS International Fellow showcases the power of introspection, determination, mentorship, and support. I extend my gratitude to Ivana and aim to continue the transformative influence of generosity as an integral part of my fellowship goals.
My Fellowship plan
Mediating the Litigated Case (MLC) at Pepperdine Caruso School of Law
My fellowship journey commenced with the Mediating the Litigated Case (MLC) training at the Pepperdine University Caruso School of Law’s Straus Institute for Dispute Resolution, a top-ranked program in the U.S. This section discusses the MLC program, including the faculty, key takeaways, and experiences.
The MLC program, led by the esteemed Prof. Sukhsimranjit Singh, Judge Danny Weinstein Managing Director of the Straus Institute for Dispute Resolution, took place from August 28 to September 1 and brought together a diverse group of legal professionals, mediators, judges, educators, and think tankers. During this intensive course, I gained profound insights into negotiation dynamics and the practical aspects of mediation.
One standout session featured a real interview with parents who had experienced the loss of a child, showcasing the art of active listening and cultural understanding. Our instructor facilitated a discussion that encouraged us to analyze trust-building techniques and cues for active listening, enhancing our mediation and negotiation skills. The MLC program promoted peer learning through interactive exercises and realistic role-playing, fostering a rewarding experience of mediating in simulated real-life cases.
This engaging course not only deepened my understanding of dispute resolution but also allowed me to connect with and learn from a global network of professionals and their unique perspectives. The breathtaking mountain landscape provided an inspiring backdrop for this transformative experience.
Fellows Week: An Immersive Training
After the intensive MLC training, I found myself on the threshold of what would become the most impactful week of my life – Fellows Week. Even now, the emotions from that week continue to bubble up within me. This subsection delves into the comprehensive training program during Fellows Week, its eye-opening and transformative moments, and the essential aspects of thriving in the field that I learned.
Fellows Week is a comprehensive and robust training program led by Hon. Judge Danny Weinstein (Ret.), a premier mediator, that took place from September 5 to 10. During the week, Fellows had the privilege to learn firsthand from highly regarded and qualified Board members of the JAMS Foundation, retired judges, seasoned mediators, world-renowned scholars, ADR providers, and guest Senior Fellows. We gained insights into self-reflection, self-management, community, and connection as vital aspects of thriving in the field.
A remarkable moment occurred during the closing session when my fellow Fellows shared their reflections. It served as compelling evidence of the profound impact of the guidance we received and the deeply immersive learning experience that defined that week. Their plans resonated with a strong sense of purpose and determination, underscoring the vital role of qualities such as patience, adaptability, and effective communication – much like what we encounter in the mediation process.
At this juncture, it’s essential to express my deep gratitude to Ellen Bass, Director of the Weinstein JAMS International Fellowship Program. Ellen’s dedication and meticulous coordination have been instrumental in shaping this transformative journey. Her unwavering support, patience, and guidance have been invaluable, making this experience even more enriching and purposeful.
Another precious lesson surfaced during a candid lecture focused on the mediator’s humanity, a poignant reminder of the personal stories beneath every mediation.
Throughout Fellows Week, I felt immersed in an awe-inspiring time, with my eyes and ears wide open, savoring each lecture, each meaningful conversation, each laughter, and the friendships that flourished so easily that it felt as if we had known each other forever.
Fellows Week represents the discovery of an authentic and supportive community that will continue to uplift and empower you on your journey. It provided me with the atmosphere and guidance to delve deeper into my aspirations, viewing them from an enriched perspective and charting a clearer path forward. I’m grateful to the JAMS Foundation and Judge Danny Weinstein (Ret.) for opening the doors to remarkable individuals who are reshaping the world with their unique and influential voices and actions.
Meeting my mentor, Ivana, in person was an extra treat during this unforgettable week. As Fellows Week concluded, Judge Ann Claire Williams (Ret.)’s words resonated in my heart: ‘Dream big, work hard, don’t give up, stand up, and give back.’ This newly acquired mantra encapsulated the essence of our transformative journeys, serving as a reminder of the importance of unwavering dedication, resilience, and the obligation to make a positive impact on the world.
International Training Program at the University of California College of Law in San Francisco
This section covers the experiences and insights I gained during the International Training Program “Promoting Mediation through Private and Court-Connected Mediation Centers: Lessons from the U.S. and other Leading Mediation Jurisdictions.”. It provides details about the topics covered, special visits, and interactions with experts in the field.
I had the privilege of participating in this International Training Program, hosted by the Center for Negotiation and Dispute Resolution at the University of California College of Law in San Francisco. The program, organized in partnership with the JAMS Foundation, took place from September 13 to 15. The Director of the said Center is IMI Certified Mediator, Professor Hiro Aragaki, who orchestrated an outstanding syllabus covering a wide range of topics related to private and court-connected mediation centers, as well as insights and experiences from diverse countries such as the US, Nigeria, Kenya, Singapore, and the World Bank Group.
A program highlight was our visit to the United States Court of Appeals for the Ninth Circuit, where we learned about their well-established mediation and settlement program, operational for over two decades. Learning the practical implementation of mediation in such a high-stakes legal environment was both inspiring and educational.
During this program, I had the opportunity of engaging with a diverse range of professionals, including ADR Program Directors, experienced trainers, and court mediators. Among the distinguished panelists was IMI Certified Mediator, Constantin-Adi Gavrila, who delivered a lecture on sustainable mediation policy development and encouraged us to apply the lessons in our respective countries. Additionally, IMI Certified Mediator and member of IMI Ethics Committee, Dorcas Quek Anderson, provided valuable insights through an online presentation on the Singapore experience, the ADR ecosystem, and its building blocks. She also discussed the connections between ADR and access to justice.
These interactions offered unique perspectives into various facets of the dispute resolution field. One enlightening aspect was learning about Peer Consultation Groups and Reflective Practice Groups. These forums served as integral tools for our professional development, fostering an environment where practitioners could serve as mirrors for one another.
The program broadened my perspective on global dispute-resolution approaches, and I gained a deeper understanding of the complexities and nuances involved in dispute resolution. It highlighted the importance of ongoing self-improvement and the power of shared experiences in refining our mediation practices.
Seminars and Workshops
In this section, I share my insights from the various seminars and workshops that enhanced my grasp of dispute resolution. These sessions covered topics such as dispute system design and the evolving role of technology.
Throughout September, the fellowship schedule featured a wide range of seminars and workshops that enriched my knowledge of dispute resolution centers, dispute system design, and technology’s role, sparking curiosity and innovation.
One notable event was the JAMS Operations and Administration presentation on September 18 with JAMS Vice-Presidents of Operations, Serena Lee and Jeff Garcia at the JAMS San Francisco Resolution Center, offering a comprehensive view of JAMS services and operations, including the Case Manager/Neutral Relationship, Mediation and Arbitration Management, and Reference Matters. This presentation enhanced my understanding of the inner workings of this prominent dispute resolution institution.
An enlightening informal discussion and Q&A session with Jay Folberg2, on September 19 emphasized the cultural and contextual influences in shaping ADR’s evolution in each country.
The September 20-21 workshop on Dispute System Design (DSD) and Online Dispute Resolution (ODR), led by Janet Martinez and Colin Rule3, explored DSD principles, its analytical framework, ODR, and the impact of AI on justice. It highlighted the rapid technological advancements reshaping the mediation landscape and offered insights into how these changes might affect the practice of mediation in various contexts, both locally and globally.
During the same dates, we met with members of The Mediation Society (TMS), who shared their work and practice areas, exchanging valuable insights into ADR developments worldwide. An online presentation by Community Boards (TBD) shed light on transformative community-based mediation, showcasing their Conflict Manager Program, one of the oldest peer-to-peer mediation programs in the U.S.
Lastly, on September 28, I attended a class on the Analytic Framework for Dispute System Design as part of the (Re)Designing Dispute Systems course delivered by Janet Martinez at Stanford University. This experience deepened my appreciation for the critical role of effective dispute system design in shaping sustainable conflict resolution processes, offering valuable insights into key elements for developing a DSD with the overarching goal of delivering justice.
In summary, these sessions enriched my commitment to advancing mediation and equipped me with innovative tools and approaches for diverse contexts.
Shadowing Mediations across California
This subsection discusses the transformative aspect of shadowing JAMS panelists during diverse mediations at various locations in California. It emphasizes the practical experience and insights gained from these observation opportunities.
One of the most transformative aspects of my fellowship was shadowing JAMS panelists during diverse mediations at JAMS Resolution Centers in San Francisco, Silicon Valley, and San Diego. These sessions provided me with invaluable insights into U.S. mediation practices, bridging the gap between theory and real-world application and allowing me to compare these practices with those in my home country.
I observed skilled mediators adeptly navigating highly contentious and emotionally charged situations, utilizing advanced active listening, insightful questioning, and reframing techniques. They harnessed humor as both a barrier-breaker and trust-builder, mastering it as an art form within the realm of mediation. These experiences deepened my appreciation for humility in intercultural settings, leaving a lasting impact on my mediation skills and style, enabling me to adapt to each unique case and set of parties.
I actively absorbed the wisdom of seasoned mediators, making me better equipped to tailor my approach.
An Exciting Glimpse into the Future
I eagerly anticipate the upcoming East Coast phase of my fellowship, brimming with expectations and hopes for the experiences that await me. The East Coast promises a wealth of opportunities, including conferences and immersive classes at renowned institutions like Cardozo Law School and New York Law School. These events are sure to deepen my understanding of the intricacies of dispute resolution and expand my academic horizons.
Undoubtedly, one of the highlights of this phase will be shadowing mediations at the prestigious JAMS New York Resolution Center. Just as I did on the West Coast, I’m thrilled at the prospect of observing highly skilled mediators in action and gaining valuable insights from their practices. This opportunity allows me to see theory come to life once again, but this time, in a different cultural and regional context.
I also look forward to engaging with court mediation staff, mediators, and the leadership of IMI QAPs (Qualified Assessment Programs). These interactions will provide me with a comprehensive view of the diverse approaches and strategies employed in dispute resolution on the East Coast.
As I prepare for this journey, I’m enthusiastic and fully prepared to absorb knowledge and experiences, aiming to evolve into a more adept mediator. October isn’t just another busy month for me; it’s a profound opportunity to hone my skills and forge connections that will enrich my journey and enhance mediation practices in my community and beyond. This second phase on the East Coast builds upon the rich experiences I gained on the West Coast, allowing me to continue my path of development, both personally and professionally.
Final reflection
As I transition to the next chapter of my fellowship journey on the East Coast, my heart brims with enthusiasm and a profound sense of transformation. This transition signifies a journey of ‘before’ and ‘after,’ marked not only by geographic shifts but also by the subtle changes within me.
Contemplating this period of grace, the interplay of reflection and growth has been my constant companion, guiding me through a landscape of knowledge, experience, and self-discovery. The natural world’s seasonal rhythms – the ebb and flow of life mirroring the Fall/Spring vibes that have resonated within me during these past few weeks of significant development.
There’s a sense of anticipation for the remaining month, with exciting prospects on the horizon, including guest features from IMI Certified Mediators. The exchange of ideas and experiences promises to be both enriching and enlightening, akin to the enlightenment of the mind and the awakening of spring after the depths of fall. So, stay tuned!
In moments of reflection, I’m constantly reminded of the words of Immanuel Kant, who eloquently captured the idea of embracing change and transformation as a natural part of life’s journey: ‘Enlightenment is man’s emergence from his self-imposed immaturity.’ Just as nature undergoes its seasonal changes, so too have I experienced the seasons of personal and professional growth. From the blossoming spring of learning to the introspective autumn of observation, each phase has contributed to the tapestry of my journey.
As I venture forward, I carry the lessons of the past and the hopes of the future. My journey personifies the essence of autumn reflection and the promise of eternal spring renewal. With gratitude in my heart and curiosity in my soul, I look ahead to the new adventures that await on the East Coast, ready to embrace the ever-changing seasons of life and Mediation.
- For more information on the Fellowship Program and Judge Danny Weinstein (Ret.), please see: https://www.jamsadr.com/weinstein-fellowship/; https://www.jamsadr.com/weinstein/ ↩︎
- Jay Folberg is Former Chair, JAMS Foundation Board (Emeritus), and JAMS Panelist. ↩︎
- Janet Martinez is the outgoing Director of the Gould Negotiation and Mediation Program at Stanford Law School. Colin Rule is the President and CEO of odr.com, Mediate.com, and Arbitrate.com. ↩︎
