CIIAN NEWS Returns After Hiatus
The Canadian International Institute of Applied Negotiation distributes
CIIAN News three times a year. Through the newsletter we seek to
serve CIIANs graduates, present candidates and the larger
conflict resolution community. One means through which we provide
service to our graduates is by promoting the RPDR designation as
well as the work of RPDRs. We also seek to keep our readers
informed of CIIANs domestic and international activities.
Most of all we seek to establish a forum for the CR community to
share and exchange ideas relevant to the field. We invite all of
our readers to contribute to the dialogue. Please send submissions
Layout and Design
If we value our own lives, and the lives of our children
and all the children everywhere, if we honour both the past and
the future, then we must do everything in our power to work non-violently
for Peace. ~Margaret Laurence
|The Post 9/11 ADR Challenge
The practice of ADR, in Canada and internationally, faces important
challenges in the new construct accentuated by the September 11th
tragedy. Accentuated because, in most ways, little has changed for
most of the planets citizens. As monstrous as was the fear
and the pain lived by those who died on that day, on by those who
nearly did, and as searing as was and will continue to be the suffering
felt by their loved ones; as unconscionable an act as this was,
its carnage and destruction is a reality not unlike that experienced
by many people around the world on a repetitive, soul-numbing basis.
You would think that such an earth-shattering event would caused
our political leaders to pause, and that we as western societies
would have drawn a few lessons therein. The compounding tragedy
of 9/11 is that we have collectively, it seems, been blinded and
deafened by the blow, and have elected to multiply the suffering
emanating from this event. Including eliminating all the undesirables
we can get our hands on in the hills and grottos of Afghanistan,
be they bedevilled fighters, mothers, daughters, sons and fathers.
The collective thirst we apparently seek to quench could not have
been captured and delivered more eloquently and succinctly than
it was by a young Canadian soldier at the front who said, and I
quote, We are here to destroy and to kill them. Obviously,
he has not yet been schooled in the principles of proper war etiquette
and public relations. A more seasoned soldier asserted on national
news on March 17th that they were going to make the Al Qaeda pay
for what they did in New York. As this action drags on, our nations
motives and justification become increasingly tenuous, be it morally
or in regards to internal law, and its mid and long term effects
become less and less predictable or containable.
Readers might be forgiven for asking whether this is not a rather
inappropriate opening to an editorial on ADR. To the extent that
the underpinning of ADR is the prevention and resolution of conflict
or, at the very least, the containment of its collateral damage,
ADR practitioners carry a heavy burden in these troubled times.
ADR is about creating conditions wherein the resolution of conflicts
becomes feasible. It is not about standing idly by while depravation
and despair are being surgically compounded by bombs, thus creating
the conditions for more unfathomable conflict and suffering for
generations to come. September 11 and its corollary, the so-called
war on terrorism, are a perverse gift that is sure to keep on giving,
The ADR community internationally, and Canadas in particular
given this countrys historical role in the fostering of peace,
has the responsibility to generate understanding and provide guidance
on the anatomy of conflict and on the essential pre-conditions to
its management and resolution. If we collectively do not meet the
challenge, the Afghani Echo will murmur for some time, and resound
louder and louder as rage progressively obliterates reason and self-interest,
and as depravation and suffering demand payment in blood. At that
moment, interest-based dispute resolution becomes moot. And community,
clinical and judicial ADR are diminished in both their effectiveness
and their relevance.
|CIIANs Second Decade: New Directions
A Shift of Pace for CIIAN
The Canadian International Institute of Applied Negotiation (CIIAN)
is pleased to confirm that it is resuming the publication of its
newsletter. The recent hiatus in publication is linked to the review
of CIIANs strategic orientation. This review was initiated
in the wake of the departure of the Institutes founding director,
Dr. Ben Hoffman, for the Carter Institute in Atlanta, Georgia. In
revisiting CIIANs positioning in the dispute resolution field,
we found it useful to briefly review its history.
In 1987-1988, Ben Hoffman undertook a masters program in
Negotiation at Harvard University. His studies led him to create
a Canadian organization that would focus on the potential of interest-based
negotiation as a viable option for the resolution of disputes, a
new field at the time. Ideas of social justice also drove the founding
of the Institute, as well as concern for access to justice.
In 1987 The Honourable T.G. Zuber, in his Report of the Ontario
Courts Inquiry documented the limited "real access" to
justice due to the backlog of the courts. At the time, access to
justice for middle-class Canadians was one of the concerns that
motivated the Canadian Donner Foundation to support Alternative
Dispute Resolution (ADR) in Canada. In 1990-1991, convinced that
there was a need for an organization to offer a comprehensive training
program in alternate dispute resolution, especially one that focused
on mid-career and above candidates, Dr. Hoffman launched CIIAN.
Although the Justice Institute of British Columbia (JI) offered
a certificate in conflict resolution aimed at provincial service
providers (police, paramedics, social workers, etc), no such programs
existed in Central and Eastern Canada at the time. At first, efforts
were made to house the Institute within one of the Ottawa area universities.
However, this proved unworkable and the Institute was established
as a stand-alone organization, with Concorde Inc. acting as its
CIIANs Thrust and Programming
Following extensive design and planning, CIIANs ADR Certificate
Program was launched in 1992. At the time, it was only the second
comprehensive program offered in Canada. The Program consisted of
seven courses, a professional paper, a mediation moot, and a 200-300
hour practicum. Its focus was one of theory-informed practice aimed
at the reflective practitioner. Candidates were encouraged to become
involved in the evolving field of alternative dispute resolution,
to contribute to its theoretical framework and to its practice,
as well as to enhance the development of the individual practitioner
active in this field. The Institute sought out and attracted some
of the most qualified and effective Canadian trainers to offer the
three-day courses. Through promotion and other means, a wide diversity
of candidates participated in the Program from across Canada and
beyond over the years.
CIIAN soon became one of the leading ADR organizations in Canada,
gaining a solid reputation for effective programming and training,
thus contributing extensively to building the ADR practitioners
pool in Canada and abroad. Recognizing a need in 1994, CIIAN attempted
to initiate a Canadian-based dialogue on the issue of standards
and certification of mediators. A working paper was written and
circulated to key organizations and individu-als in the field. CIIAN
saw its role as a catalyst in bringing about this dialogue. Unfortunately,
it proved difficult to establish a dialogue on this controversial
issue. Most organizations decided to pursue their own unilateral
direction regarding certification and standards. CIIAN decided to
formulate the designation Registered Practitioner in Dispute Resolution
(RPDR). The aim of RPDR was to develop a pool of practitioners through
an iterative process of evolving standards and certification, in
contrast to the top-down approach of a number of ADR organizations.
CIIANs International Initiatives
In 1994-1995, CIIAN launched its international ADR intervention
program. Its first partnership was fashioned with the Foundation
for Democractic Change (FDC) in Romania, which sought CIIANs
assistance in establishing a conflict resolution program for mid-range
actors in their country in the post Soviet Union environment. Since
1995, CIIAN has been involved in supporting capacity building for
the expression and resolution of conflict through interest-based,
collaborative means. CIIAN personnel have acted as catalysts, mentors,
program designers, trainers, and evaluators for programs in Eastern
Europe, South America, South Asia, Asia, the Middle East, and the
Caribbean. CIIAN has offered its Peacebuilding and Conflict Resolution
Program (PB & CR) to international audiences featuring over
30 countries. It now partners with organizations in different countries
through which to custom-design and offer this PB & CR program.
CIIAN is presently involved in discussions with potential new partners
in Ethiopia, Somalia and Azerbaijan, while an organization in Sri
Lanka is showing keen interest.
In addition, CIIAN designed and developed the inaugural program
for The Lester B. Pearson Canadian International Peacekeeping Training
Centre and has trained peacekeepers for the Peace Support Operation
in Kingston and the RCMP in Ottawa.
Domestically, CIIAN has gained a sound reputation for its design
of customized corporate programs. Some examples include conflict
management in the workplace, mediation of alleged harassment, early
intervention programs within the Public Service Commissions
appeals process, union/management negotiations, international negotiations,
CIIANs Shift of Pace
Over the past decade, CIIAN continually participated in and monitored
the development of the ADR field. In response to the changing nature
of the field and market demands, CIIAN revised its original program
three times over the years in order to maintain the quality of its
original ADR Certificate Program and to maintain its niche in the
Over the past 6 to 8 months, CIIAN has taken a serious, considered
look at the field of ADR in Canada. In contrast to the dearth of
ADR programming which was prevalent in the early 90s, the
market is now flooded with opportunities to learn and develop. ADR
certificate programs range from less than forty hours of classroom
time, to graduate certificate programs in conflict resolution, to
masters programs in conflict analysis and conflict management.
Hence, at the domestic level, CIIAN is charting a new direction
to scale a new frontier in dispute resolution in Canada. CIIAN will
be taking a specialist approach to training dispute resolution practitioners
with an emphasis on the RPDR designation. At the same time, a summer
institute will be offered through which interested parties can still
obtain CIIANs highly respected Certificate in ADR. CIIAN wishes
to advise its corporate and government partners that it will continue
to design and develop customized programs for specific clientele
At the international level, CIIAN will continue to centre its activities
on capacity building in selected areas of the world. As well, partnering
for the offering of the PB & CR Certificate Program will remain
an active component of the International Program. Forays into supporting
the NGO development community in rounding out its capacity development
initiatives with ADR and peacebuilding capabilities will constitute
a new initiative for the International Program. Stay tuned for more
details over the coming months.
CIIAN is envisioning this shift in orientation with renewed vigour
and looks forward to working with people involved domestically and
internationally in endeavours requiring ADR and peacebuilding capabilities.
It sees this newsletter as a forum for the exchange of ideas, the
communication of ADR trends and challenges and the furthering of
domestic and international ADR and peacebuilding solutions.
Report on CIIANs International Activities
CIIANs International Program continues its focus on capacity
building for the expression and resolution of conflict through principled,
non-violent means. The Institutes personnel serve as catalysts,
mentors, facilitators, trainers, subject matter experts and ADR
program evaluators to organizations and institutions around the
Citizenship Rights and Responsibilities Program in Pakistan
CIIAN is partnered with the Canadian Bureau for International Education
(CBIE) to design, develop, and implement an educational pilot project
centred on citizenship and human rights education and conflict resolution.
The two Canadian organizations have partnered with two teacher training
institutes - one in Lahore and one in Karachi - to facilitate the
building of elementary and secondary curricula in these subject
areas and to pilot test the concepts in schools in the respective
cities. Other aspects of this CIDA funded project include initiating
a dialogue on the topics with selected ulema, building awareness
amongst national and provincial educational personnel and civil
society in general, generating a cadre of Pakistani expertise in
citizenship and human rights education and conflict resolution,
and developing a plan of action for scale-up utilizing lessons learned
in the pilot phase. Involvement of the Ministry of Education and
the respective Provincial Departments of Education are also key
aspects of the initiative.
One of the key findings to date is the need to orient the curriculum
so that it assists the children and youth in Pakistan to learn how
to create a democracy. This contrasts substantially with a Canadian
approach which prepares students to live in a democracy. As might
be anticipated, some resistance (substantial by specific individuals)
has been experienced with some of the educational ministry officials,
especially on the topic of human rights. However, Pakistan has taken
major steps to initiate other human rights programs, especially
with police and the legal profession. Support for such initiatives
comes from the highest government levels.
As might be appreciated, this Program has been delayed by the attacks
in the US on September 11th and the fall out as it affected Pakistan.
Active involvement has now resumed.
Governance and Institutional Strengthening Program (GISP), Sri
CIIAN has been providing conflict resolution expertise to The Centre
for Human Rights Research and Education, University of Ottawa in
its program in Sri Lanka. Most recently, Flaurie Storie supported
the conflict resolution component of the Program by working with
the Ministry of Justice and the Human Rights Commission in Colombo.
Sri Lankas Ministry of Justice has an extensive, ten year
old mediation program, the Community Mediation Program, that supports
the civil and criminal courts of the country. There are over five
thousand volunteer mediators who serve on Mediation Panels (three
mediators) run by regional Mediation Boards. Services are provided
to all citizens of participating areas who wish to avail themselves
of mediation for their specific disputes. Given the two decade-plus
years of civil war (a ceasefire was signed by the present government
and the Tamil Tiger leadership during the week of February 18th),
the program does not reach to the North and East in areas held by
the Tamil Tigers. Flaurie worked with the cadre of train-the-trainers
bringing helpful concepts and training methodology with which the
present mediator training program will be revised.
A pilot schools mediation program had been initiated by the Mediation
Board in the Katana region (north of Colombo) with two of the Ministrys
trainers providing the mediation training. They were most anxious
to draw upon Flauries extensive experience in this area.
The work with the Human Rights Commission focused on introductory
mediation training for the inquiry and legal officers of the Commission.
By regulation, the Commission is to provide conciliation and mediation
services to disputants, particularly those filing cases involving
fundamental rights. The Commission had yet to distinguish between
the two processes or provide training support to their officers.
An introductory training program was carried out to help distinguish
between conciliation and mediation and to provide some basic concepts
and strategies. The GISP Program whose mandate is at the institutional
strengthening level will continue to work with the Ministry of Justice
and the Human Rights Commission to support in the development of
the Commissions approach to mediation.
It is anticipated that CIIAN will continue to support this Program.
As well, it was invited to consider providing the practical arm
of a forthcoming certificate program in conflict studies at the
University of Colombo.
Peacebuilding and Conflict Resolution Certificate Program
CIIANs approach to offering the PB & CR Certificate Program
is to partner with an organization in a specific conflict zone.
Discussions are ongoing with organizations in Ethiopia and Somalia.
Most recently, an invitation to partner has come from Nepal. CIIAN
works with the partner organization to custom-design a program that
meets local needs while bringing a Canadian perspective.
Serious consideration is being given to offering the Certificate
Program in Ottawa in August 2002. An increasing number of inquiries
have been received since September 11th. CIIAN is actively considering
focussing on the development of DR capacity for NGOs working
in conflict zones. If interested in such a program, please contact
us by email. firstname.lastname@example.org
Other International Activities
CIIAN continues to support its partner, the Federation for Democratic
Change (FDC), in Romania. FDC has been the Romanian leader in capacity
building in dispute resolution, including establishing mediation
as a recognized occupation. It has recently been invited to establish
a centre for the evaluation of mediators and has called upon CIIAN
to provide support to this endeavour. CIIAN is presently in discussion
with a group in Azerbaijan which is attempting to establish a mobile
conflict resolution training centre.
Experiencing the Terrorist Attacks Half-way Around the
This article is reprinted with the permission of Interaction Quarterly.
The world has changed. The world has changed. The world has changed.
How many times have we heard this since the September 11th terrorist
attacks in the United States? The thought that keeps coming to mind
is Whose world?
Without qualification, there are many who can claim that their
world has changed. There are the family, friends, neighbours, and
colleagues and so forth of those who lost their lives on that fateful
day. There are all the North Americans who never thought for one
instant that they could be touched by terrorists of such far away
places, let alone in this magnitude of lost lives and through such
horrendous visual images. There are the Western political and military
leaders who believed that their power and its expressed structures
could protect the citizens of their societies from such acts of
violence. No doubt an innocence of security was the first casualty
for many on September 11th. Truly, many worlds changed.
However, what of others? How has their world changed? A case in
point. On September 12th, I was working with a group of Sri Lankans
in their capital, Colombo. Almost half the group had not heard of
the attacks. There was not much discussion, let alone dismay expressed,
when informed of the events. The reaction and attitude can be summed
up by one participants words offered with a shrug; Maybe
now they will understand what it has been like for us all these
years. Is such a reaction so surprising after thousands upon
thousands of lives of their own have been lost due to violence?
Is such a reaction so surprising when on a day that saw 2,000 Sri
Lankans slaughtered, the Globe and Mails front page headline
reported one military personnel killed in Bosnia, while only reporting
the 2,000 Sri Lankan deaths in a four or five line segment buried
deep in the bowels of the newspaper?
The following day, September 13th, saw a symposium on principled
conflict resolution with presenters from both Sri Lanka and Canada
with approximately two hundred participants. Those who provided
opening remarks and the moderator made respectful comments regarding
the terrorist attacks. We, Canadians, wove this heinous violence
into our presentations where appropriate. However, during discussion
time, during breaks, over lunch, at the reception afterwards, there
was little discussion except amongst the few Americans, British
and Canadians when we were our sole audience.
Certainly for many Sri Lankans, from their perspective in the short
term anyway, their world did not change on September 11, 2001.
As a Canadian, this experience was surreal. To feel the attacks
as a Canadian, as a North American, as a neighbour of the United
States, as a conflict resolutionary while all around such different
reaction. The closest I had come to similar feelings of shock, disbelief
and fear was the day I received a telephone call to say that my
brother had been hit by a train while riding his motorcycle. Likewise
on the Saturday evening the news broke reporting Quebec Minister
Pierre Laportes FLQ murder, my body shook from head to toe.
And yet at the same time, to continue on with the program at hand
was a daunting challenge. Perhaps it explains why I had such clarity
around what this was about and what recourse of action was essential.
I sat down and banged out a letter to my MP and one to the editor
of the Ottawa Citizen. This is what I wrote to The Citizen:
The violence inflicted by the terrorists on September 11th
in the United States of America needs to be condemned in the strongest
of terms. The sorrows reigned on so many beg the deepest compassion.
To be taught to so profoundly hate and demonize defies imagination.
At the same time, as an organization whose mission is capacity
building for the principled expression and resolution of conflict,
we are deeply troubled by the rhetoric of war and revenge. These
are criminal acts. We decry retributive revenge through violence;
the rule of law must be the first course of action for justice sought.
For to give back in kind is to do no different than those who murdered
so many through these despicable acts of terrorism. How we respond
to those who committed this horrendous violence is a measure of
how far along the spectrum of civilization we truly are. Do we truly
believe in the basic values at the very foundation of our country?
Or are they only there to be trotted out in days of sunshine?
We urge the Government of Canada to respond through principled
means. We further urge the Government of Canada to lead the international
community in influencing the American government to house their
response within the rule of law. Only if that fails, should measured
considerations of force be contemplated.
We are being sorely tested. The way forward for all citizens of
our universe totters at the precipice of macro violence. Will we
join those who are of hate and violence? Will we play into the hands
of those who have created this destructive path? Or will we design
a path of our own making to bring justice, equity and peace to our
As I read this today, there is nothing that I would change. There
are additions that I would make. I would contend that by reacting
with military force, we would be playing into the hands of Osama
bin Laden and the al Qaeda for a different reason (whether they
are responsible for these heinous murders or not). For what has
become clear is that it not just hate and fear that is the driving
force. The aim is to escalate the anti-Western, anti-modernization,
anti-American sentiment that exist widely amongst the Muslim population;
the purpose being to coalesce the Muslim world to form Islamic states
in Pakistan, Saudi Arabia, Iraq, Egypt and as far reaching as Indonesia.
We, the West, and in particular the United States are a means to
an end (yes, we are being used).
And now what? As someone who has been involved in countries of
violent civil conflict, it has become clear to me that the backbone
of a civil society is the rule of law. To have so quickly (and it
was quick) chosen the path of military bombardment against the state
of Afghanistan, we have seriously transgressed upon the principles
and values that are the foundations of true democracies; not to
mention international humanitarian law. I recognize that as a neighbour
of the United States, we had little choice but to support their
direction once decided upon. We now must add to that role. Canada
needs to reach deep within its tradition and lead in the formation
of a coalition of mid-power nations. There is a need for a third
side to create a space for voices too long shut down; to find a
path that leads the citizens of this world from this seriously dangerous
precipice upon which we find ourselves. One of the most frightful
yet hopeful outcomes of the terrorist attacks of September 11, 2001
is the exposed vulnerability of the state structure. The interdependency
of nations and thus the need for principled cooperation that respects
all peoples has never been more obvious.
And what about the micro level? My world has changed. In my far-flung
travels, I do not expect to be embraced as a Canadian, as in the
past. I have an enhanced conviction of the importance of my work
in conflict resolution. I am more aware of the fragility of democratic
values and principles. At the same time, what hasnt changed
is my determination. I refuse to be terrorized. I will continue
to sleep on air flights as I did on September 15th as we flew to
London over the airspace of Pakistan, Afghanistan, and Iran.
A Russian concept from the philosophy of communalism developed
in isolated villages that were under constant threat by marauding
animals, outlaws and natural disasters. Sobornost means that even
if it is hard to like each other, our continuity and our survival
depends on caring for each other. If we can adopt caring as a norm,
the discussion of tools, policies and practices ensuring safety
and security takes on a new quality, one of human warmth.
How can we apply this concept to the issues surrounding 9/11?
|Notes from a Peacebuilding Workshop
In February of this year I acted as a consultant in the design
and delivery of a six-day Peacebuilding Workshop delivered in Nairobi
by the Conflict Resolution Program (CRP) of Atlantas Carter
This unique workshop was designed to fill several needs; not only
did it provide training to the CRP staff, but it also brought together
six representatives from each of the GoS, SPLM/A, and Uganda. The
goals of the workshop were defined as:
Explore peacebuilding in intra-state conflict;
Learn negotiation and mediation skills;
Learn from each other;
Build relationships for peace.
Once the participants, themselves, decided on the ground rules
that would guide the workshop, training officially began. The first
three days were spent exploring the theory and tools of conflict
resolution, Alternative Dispute Resolution (ADR), mediation, and
negotiation. Participants then had a chance to practice these new
skills in several roleplays. On day four the focus was on communication
skills, specifically, learning to listen. The following day, workshop
participants had the opportunity to share with the group any peacebuilding
activities that they are currently involved in. Presentations were
made on behalf of UNICEF, CHARM, and Operation Save Innocent Lives
(OSIL). In the afternoon two keynote speakers joined the group:
former Kenyan Ambassador Betheul Kiplagat spoke of his work in assisting
the peace process in Mozambique; whilst Dr. Mwiguru from the University
of Nairobi had an opportunity to share his experiences with inter-tribal
conflict resolution in Kenyas Rift Valley. The final day of
the workshop concluded with a complex multi-party roleplay and a
simulated press- conference. Throughout the entire workshop techniques
were used to constantly shift group dynamics and thus stimulate
The results of the workshop were, overall, very positive. Many
participants expressed a need for and an interest in similar future
workshops. But it is clear that the 31 participants have returned
to their home communities with both practical skills in resolving
conflicts non-violently and the theory to back such skills.
Also, as the circle was closed on the last day, it was
clear from the participants comments and reflections about
the week that the workshop created a space for sharing common interests,
building trust, forming new relationships, and stimulating constructive
dialogue amongst a people who have been in conflict since 1956.
As one participant stated, I am grateful for the opportunity
to have sat in a room with people who are my enemy and learn from
Evan has an MA in Postwar Recovery Studies and writes from Khartoun,
on Restorative Justice in Criminal Matters
Restorative Justice is a way of viewing justice that puts the emphasis
on healing relationships that have been broken by conflict and crime.
In this approach crime is understood as a violation of people and
relationships and a disruption of the peace of the community, and
not only as an offence against the state. Restorative justice is
collaborative and inclusive. It encourages the participation of
victims, offenders and the community affected by the crime in finding
solutions that seek to achieve reconciliation and restore harmony.
In the 15 or so years we, in Canada, have been exploring restorative
justice approaches to crime and conflict, Canadians have been impressed
by the promise restorative justice offers of achieving a more satisfying
justice system. Many of us, though, have also witnessed the impact
of poorly run restorative programmes and the additional harm or
revictimization they can cause.
So the emerging consensus about the value of Restorative Justice
is tempered by prudent caution surrounding the need to safeguard
the rights and interests of both victims and offenders in the implementation
of restorative justice programmes.
Many in Canada have come to the view that one way to support the
orderly and principled development of Restorative Justice is to
develop a national statement of fundamental principles on the use
of Restorative Justice.
So Canada was pleased to take the lead, with the ultimate support
of 39 other Member States, in introducing at the 9th Session of
the Commission on Crime Prevention and Criminal Justice, in April
2000, a resolution entitled Basic principles on the use of
restorative justice programmes in criminal matters (2000/14)
which initiated a process aimed at developing United Nations basic
principles in this field.
Canada hosted a UN Experts Meeting in Ottawa in late October
2001 to develop this Declaration of Basic Principles. It was my
honour to be elected Chair of the meeting. I am pleased to say this
meeting of criminal justice professionals and officials from 17
countries was able to reach consensus on a draft declaration. This
draft will be discussed at the 11th Session of the Crime Commission
in the spring of next year and, if approved, forwarded to the Economic
and Social Council and ultimately to the General Assembly in the
autumn for adoption.
What are some of the basic principles contained in the U.N. document?
With respect to the use of restorative justice processes:
that they be generally available at all stages of the criminal justice
that they only be used with the free and voluntary consent of the
Victim and Offender;
that participation by the offender not be used as evidence of guilt;
that power imbalances and issues of safety be taken into account
in deciding whether or not to refer a case and in conducting one.
With respect to the operation of the restorative justice programmes:
that guidelines and standards should be developed which address:
qualifications, training and assessment of facilitators;
standards of competence and ethical views;
evaluation criteria; and
conditions for the referral of cases.
that fundamental procedural safeguards be respected.
The final section of the document deals with the need to promote
and disseminate research and evaluation of restorative justice programmes,
the results of which should guide further policy and programme development
in this emerging area.
The Justice Committee of the House of Commons in its 1998 Report:
Victims-A Voice Not a Veto, was sensitive to this:
Restorative Justice has its critics and those who are cautious
supporters. A concern has been expressed that in some circumstances,
restorative justice approaches have been resorted to in the absence
of the victim or in the presence of a victim who feels reluctant
and coerced to participate. Finally, some victims advocates
have said that restorative justice initiatives are designed and
implemented without taking into sufficient account the perspective
of victims, thus further marginalizing them.
If we can ensure respect for principles of the kind recommended
in the UN Resolution, we would go a long way towards addressing
victims doubts about, and achieving greater public and political
support for, Restorative Justice, an approach we know can lead to
satisfying outcomes for many victims, offenders and communities.
David Daubney is on the General Counsel Sentencing Reform Team at
the Department of Justice and is President of CIIANs executive
- A Mechanism for Playing Nicely Together?
Susan Haslip and Victoria Edwards
Out-of-control, overzealous, ugly
- adjectives one might associate with an animal of some sort that
has gone out of control - have all been used to describe sport parents
who, for one reason or another, have become enraged at or with other
parents, officials, their child or other players. While some form
of conflict in sport and recreation is likely inevitable, conflict
of the unhealthy kind appears to be on the increase, both in terms
of prevalence and intensity.
The increase in prevalence and intensity of conflict in youth sport
is of cause for concern. The Coaching Association of Canada, for
example, reports that 70% of children playing organized sport in
Canada drop out of sport by age 13 because they are no longer having
fun. Of this group, it is estimated that 30% drop out of sport due
to parental conduct or pressure. Recent media coverage of the trial
and sentencing of Thomas Junta, the Massachusetts hockey parent
convicted of involuntary manslaughter in the beating death of another
hockey parent, is a reminder of just how extreme this type of conflict
In an effort to address the drop-out rate in youth sport and put
the fun back into sport, increasing attention is being paid to the
spectacle of the out-of control/overzealous/ugly parent.
Some organizations involved in youth sport in Canada and the United
States have turned to the parent contract or parent
code of conduct as a mechanism to outline acceptable parental
behaviour. The goal here is to reduce the violence and anti-social
behaviour that is increasingly being associated with youth sport
and, in so doing, put the fun back into sport and reduce the drop-out
In British Columbia, for example, the parent contract, a component
of the provinces SPORTSafe Program introduced
by the provincial sports minister, is the tool of choice.
A program designed by the National Alliance for Youth Sport in the
United States, on the other hand, and introduced by the Jupiter
Tequesta Athletic Association in Jupiter, Florida champions a Parents
Code of Conduct. While there have been some detractors, both
mechanisms have generally been well-received by their respective
Challenges posed by these mechanisms include the appropriateness
of such mechanisms to deal with some conflicts arising in youth
sport and of the need for a clear process for addressing disputes.
A key distinction between the two mechanisms is that Floridas
model is mandatory while B.C.s is not.
ADR approaches can indeed help to address some of the key issues
of conflict minimization in youth sport. Tools such as parents'
codes of conduct and parent contracts can be very useful. However,
care must be taken to ensure that all key contributors to tension
generating situations, which youth sport often is, are integrated
into the conflict prevention strategy. Contracts and other instruments
will prove to be sustainable to the extent that they are multi-lateral
and mutually binding on all parties; they promise to be yet more
effective with the addition of conflict prevention and resolving
skills. The B.C. and Florida initiatives provide sport communities
with useful starting points.
Perspective to the Field
For a newcomer to the field, stepping in to the Eleventh Annual
Symposium on Conflict Resolution, held on Friday February 1st at
Nepean Sportsplex was quite an exciting and overwhelming experience.
By a newcomer, I mean an undergraduate student with a growing interest
in and an increasing commitment to pursue the field, still with
very little experience or understanding of what exactly that means.
So the Symposium seemed a perfect way to get a broad-based introduction
to the theory, practice and practitioners of conflict resolution.
And indeed it certainly was.
However, I was immediately presented with a terrible problem: the
concurrent session. How on earth can one decide what
one is interested in if one knows nothing at all!? I would very
much have liked to be able to split myself into four parts and attend
every single session offered. There was so much going on that I
feel dishonest in claiming I was there at all since I was absent
for more of the sessions than I was present. And this is why I would
rather discuss my overall impressions than risk omitting some of
the most important contributions to the Symposium that I may have
What is so exciting to me about conflict resolution is its incredible
applicability. Family conflict, community conflict, workplace conflict,
international conflict; the applications seem unlimited. The theory
as well is vast and ever expanding. Transformative, narrative, restorative,
history, solidarity, advocacy, arbitration, negotiation, mediation.
Diversity is an unquestionable strength. I think it is this diversity
that has caused the field to explode in recent years and it will
be this diversity that will maintain the momentum to the future.
Yet this diversity also makes the field very overwhelming, it is
not homogenous or even unified and is therefore very difficult to
pin down. I learned to see this heterogeneity as a flexibility and
a great potency. It is the variety of approaches and perspectives
that allow for optimism and hope in the face of conflict.
I also learned that a lot comes with the territory. This incredible
optimism and hope for change and resolution necessitates a painful
intimacy with conflict, a familiarness with the most horrible manifestations
of human nature. I believe in this hope but I want to ask CR practitioners
how they can withstand this closeness to such a frightening reality.
How do they persevere through the struggle and pain of other people,
while providing empathy and compassion? How can they maintain clarity
and commitment through such a chaotic mess of conflict? Because
for me that is what makes this field so incredible and what makes
me think it is who I want to be.
Heather Pincock is a 3rd year student at Carleton University who
is currently interning at CIIAN.
You say the little efforts that I make
Will do no good
They never will prevail
To tip the hovering scale
Where justice hangs in the balance.
I dont think
I ever thought they would
But I am prejudiced beyond debate
In favour of my right
To choose which side
Shall feel the stubborn ounces
Of my weight.
I initially discovered the Canadian International Institute for
Applied Negotiations on the Internet several years ago when I began
my search for avenues to enter the field of dispute resolution.
In November 2001, I renewed my interest in this agency when I decided
to participate in an internship through the Norman Paterson School
of International Affairs.
In my capacity as an intern, I provide supplementary research and
conduct literature reviews of academic material pertinent to CIIAN's
projects. On a recent assignment, I researched appropriate methods
of dispute resolution for human rights complaints. The purpose of
this task is to contribute to the dissemination of knowledge regarding
effective practices and programs in Canada to mediators in Sri Lanka
intending to establish their own processes for resolving human rights
complaints. In the context of human rights, mediation is perceived
as an attractive alternative because it provides complainants and
respondents with a means of resolving disputes more quickly than
formal adjudication. Furthermore, the process enables complainants
to express their point of view and their feelings on the issue.
This is significant in the context of Sri Lanka because it represents
an attempt by civil society to initiate conflict resolution on a
local level despite the protracted social conflict at the national
My research at CIIAN consistently raises my awareness of issues
related to dispute resolution and third party intervention. From
my perspective, I have much to gain from my role as a researcher
at CIIAN. I obtain a glimpse into what is up and coming in the field
of mediation and a sense of what issues need further research. These
valuable insights are significant in terms of the orientation of
my own research and the direction of my career pursuits.
Leah Berger is an M.A. Candidate at the Norman Paterson School of
International Affairs, Carleton University.
Peter Bishop is an Ottawa mediator, lawyer, trainer and conflict
management consultant. He has been in private practice in Ottawa
since 1978, doing mainly civil litigation and employment law. Since
acquiring his ADR Certificate from C.I.I.A.N. in 1995, the majority
of his professional activity has been as a mediator and conflict
management trainer and consultant. He also is a sessional lecturer
at Carleton University where he has taught the undergraduate course
Mediation 306 since September 2000.
Most of Peters mediation experience has been with court-connected,
civil mediation (having mediated hundreds of civil cases of all
types including employment, commercial, personal injury, etc.) and
with workplace and organizational conflict.
Peter has been a member of Ottawas Local Mediation Committee,
since its inception in 1996 and, as such, has played an active role
in the design and development of the court-connected mediation Pilot
Project in Ottawa and of the province-wide Ontario Mandatory Mediation
Program instituted in the Ontario court system in 1999. He is on
the Ottawa and Toronto roster of mediators under the Ontario Mandatory
Mediation Program for civil cases in the Ontario court system.
He has developed, delivered and participated as trainer, coach
and/or skills assessor in many negotiation, mediation and conflict
management training programs provided to both public and private
sector clients. He is on National Standing Offers of (1) Public
Works and Government Services Canada (mediation services within
the Federal Government), (2) Canada Customs and Revenue Agency (conflict
resolution intervention and training services within CCRA) (3) National
Defence Canada (conflict resolution intervention and training services
Peter sees himself primarily as a student of mediation - pursuing
a lifelong process of learning new approaches and skills for dealing
with conflict. In 1995, thinking he knew a lot about conflict resolution,
he had the audacity to write the book Winning in the Workplace:
ADR Strategies for Employment Disputes. Since then, older and hopefully
a bit wiser, a bit more useful and a lot less dangerous, he has
learned how little he really knows and how much life and others
have to offer if we are open to it.
First drafted in 1997, the RPDR designation is intended as a fundamental
statement of standards that exists as a living
document and an advocacy statement. Those who subscribe to it recognize
that such a statement is a responsible step in the development of
any profession and wish to declare to local, provincial, or national
authorities who do or may guide, mandate, or regulate the practice
of Alternative Dispute Resolution that such a practice should be
informed by a generic Canadian National Statement. The Declaration
of Principles, Code of Conduct and Qualities of an RPDR is reviewed
every three years by a committee of the Institutes registered
All applicants to the RPDR designation must present a certificate
in ADR from CIIAN, three letters of reference from clients, three
letters of character reference from peers in the ADR community and
indicate that they subscribe the Institutes Declaration.
List of Graduates from CIIAN Registered with CIIAN as
Registered Practitioners in Dispute Resolution
1. Peter Bishop (613) 567-5537
2. Enid Blackwell (613) 623-3053
3. Norman Ross (416) 964-8389
4. Herve Depow (613) 592-0807
5. Francine Titley (613) 748-1243
6. Doreen Hartley (613) 547-2920
7. Mel Mapp (519) 679-6642
8. Mike Hart (613) 258-8024
9. Gilles Boudreau (819) 994-7360
10. Michelle Plouffe (613) 996-0431
11. Cynthia Leber (416) 486-2363
12. Laura Deeks (King) (416) 954-7166
13. Margaret Kish (905) 509-4861
14. Marion Rivers (613) 837-9761
15. Genevieve O Sullivan (613) 230-6103
16. Michel Laurin (819) 568-7810
Anna Preto (416) 973-5704
Gérald Lavallée (613) 230-5442
19. John Blakney (604) 264-0235
20. Donna Clark (902) 462-4335
21. Christiane Boisjoly (867) 668-6794
22. Barbara Atlas (416) 954-7632
23. Mary Rozenberg (613) 224-0037
24. Suzanne Beaulieu (613) 733-5176
25. Brian Ross (613) 729-8363
26. Rebecca Dalton (519) 439-0874
27. Louise Owen (250) 385-0536
28. Walter Williams (613) 822-1738
29. Ken Petersen (705) 264-5321
30. Jean Benoit (418) 871-8928
31. Ginette Trottier (514) 283-2514
Joanne Archibald (705) 495-2271
1. Flaurie Storie (613) 237-9050
2. Theresa Dunn (613) 237-9050
3. Jean-Francois Pinnsonault (613) 722-9630
4. Richard Moore (613) 238-6680 x 12
The practitioners named above are registered with the Canadian
International Institute of Applied Negotiation (CIIAN). Registration
attests to the fact that they have successfully completed the Institutes
120 hour program and submitted a Practioners Portfolio
which includes subscription to a code of practice. The Institute,
however, is not a governing body and is not responsible for the
practice of those listed. We do nonetheless, provide these names
to potential clients.
Alumni NewsWe love to hear from our alumni! If you are a graduate
of CIIANs certificate program, please drop us a brief line
telling us what you are up to. In the upcoming issues of CIIAN NEWS,
we will designate this section to informing our readers about our
graduates latest endeavours.
Send us a short description of your current work and let us know
how your CIIAN training is benefiting you!
Please send Alumni News to:
Events & Announcements
in Peacebuilding and Conflict Transformation
September 2002 -
Qualifying participants in the program will have at a minimum the
equivalent of the 160 hour Third Party Neutral Program Certificate
offered by the Canadian Institute for Conflict Resolution and a
four-year degree or its equivalent.
Over the course of a year teams of people and some individuals would:
take graduate courses;
hold project-based and joint planning sessions;
practise training and process leadership skills;
organize an initial intervention;
implement such a process; and re-convene for lessons learned, action-research
insights and further project development.
For more information contact
Vern Neufeld Redekop
Director, Program Development in Conflict Studies
Faculty of Human Sciences
Saint Paul University
613-236-1393 x 2369
THE MEDIATION CENTRE
AT CARLETON UNIVERSITY
A FORTY HOUR WORKSHOP
When? May 1,2,3, 6 &7, 2002
Where? 2203 Dunton Tower,
Carleton University Students:
$100 plus course manual ($23)
Carleton University Faculty and Staff:
$250 plus course manual ($23)
Participants from outside Carleton:
$450 plus course manual ($23)
For more Information, Contact:
The Mediation Centre c/o Equity
Services at Carleton University
2201 Dunton Tower, 1225 Colonel By Dr
Ottawa, Ontario, K1S 5B6
Tel:(613) 520-5622 Fax: (613)520-4037
Building a Culture of Peace
Conflict Resolution Network Canada
Family Mediation Canada
present in a joint
National Conflict Resolution
June 12-14, 2002, Charlottetown, PEI, Canada
For further Connections 2002 details please visit
www.crnetwork.ca and www.fmc.ca
Stay Tuned for CIIANs Next Course Offerings:
We are planning a summer Institute with Modules 1 and 2 that is
scheduled for August.
Specific dates to be announced.
Watch the website for more details or email
Now in its fifth year
The GRADUATE CERTIFICATE IN CONFLICT RESOLUTION
A graduate level interdisciplinary for-credit program promoting
conflict resolution through understanding. Designed to enable students
to understand conflict and intervene in conflict situations so as
to empower individuals, groups and organizations to better resolve
conflict. Program emphasis is directed toward teaching graduates
to do this interactively, creatively and through the reflective
application of knowledge and skills.
For information about applying, course listings, schedules and fees
visit our web site at www.carleton.ca/law/conflict. OR
You may contact Dr. Cheryl Picard, Director
Graduate Certificate in Conflict Resolution, Department of Law Carleton
1125 Colonel By Drive, Ottawa, ON K1S 5B6 Canada
Tel: (613) 520-2600 (Extension 2678) Fax: (613) 520-4467
July 23rd - 31st, 2002
Saltspring Summer Session is a truly unique opportunity for the
mediation community across North America to gather together in a
wonderful place, with extraordinary people taking fascinating courses
that inspire and revitalize.
For additional information please contact:
Summer Session Coordinator
Agreement Number 40675017