Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Fun Stuff’ Category

What do Car Break-ins and Loud Parrots Have to do with ADR? Get to Know RSI’s New CEO

Just Court ADR, July 23rd, 2024

Last month, RSI welcomed Heather Fogg as RSI’s new Chief Executive Officer. Heather comes to RSI with an extensive background in court-connected alternative dispute resolution and research. Her expertise includes directing court mediator excellence programs; managing a state court’s ADR data collection tool; and designing and delivering restorative justice practices across a diverse range of sectors. Heather has guided the evaluation, design and data analysis of grant-funded ADR programs; coordinated workshops and training sessions for court ADR program managers, mediation trainers and mediators; and led and mentored scores of researchers and ADR practitioners. For more details on Heather’s background, read her bio on RSI’s website.

RSI CEO Heather Fogg stands beside James Doyle. They were co-presenters at the Center for Alternative Dispute Resolution Conference in Maryland in June 2024.
RSI CEO Heather Fogg presented with James Doyle at the Center for ADR’s 2024 Annual Conference in Maryland in June. The topic for their presentation was “Ethical Strength Training: Reps and Sets for Everyday Mediator Ethics.”

Recently, Heather sat down for a Q&A to help us begin to get to know the person behind the resume, including what led her to a career in ADR, what motivates her, and some of the aspects of conflict resolution she is passionate about.

How were you first introduced to alternative dispute resolution, and what drew you to it as a career?

I first learned about alternative dispute resolution when leading discussion sections for a course in Criminal Justice 101. The text we used had a brief section about restorative justice, referred to as victim-offender mediation. The process was described as a chance for the people most directly impacted by what happened to come together with a mediator to talk about: 1) what it was like for each of them, and 2) what they each needed in order to make things better. That made so much sense to me — focusing the problem-solving and decision-making on those who were the most familiar with both how the event itself, as well as any effort to resolve it, would affect them personally. I’ve been fascinated by this approach to engaging with conflict and addressing harm among people ever since.

It’s also deeply personal for me. People have broken into two of my homes and two of my cars (all four instances at different times and states). I know the fear, grief and anger those experiences brought to me and my family. I know the challenges we faced in trying to understand the criminal and legal system to make the aftermath of those experiences better. I have no idea why people chose our house or my car, or what conditions in their lives brought them to make this choice. I can see how having an expanded variety of options to meet directly with one another through alternative dispute resolution can bring a different kind of closure, accountability and healing to people who seek them. That’s part of why I have focused my work on seeing what’s possible when we create these opportunities for people who want them.

What appealed to you about working at RSI specifically?

So many things! One thing that has been very important to me is that whatever I’m choosing to give my time and attention is actionable, implementable and purpose-full (yes, you’re seeing that correctly; I wrote it that way intentionally). That’s something I see in everything RSI does, from gathering resources to be shared broadly, to answering compelling research questions, to providing direct services where they might be sorely needed.

Are there any “big questions” related to court-based ADR that interest you in particular?

There are so very many; I’m struggling to name just a few! And admittedly, some may not be so big. I’m very curious about some of the more practical and logistical aspects of court-based ADR, such as: What impacts will changes in technology continue to have, and how will our standards of practice continue to change to meet them? How does the setting where court-based ADR takes place impact how people react and respond within it? And what can we as ADR practitioners learn from the variety of ways people interact with conflict, in order to support them well?

You recently presented at the Center for Alternative Dispute Resolution’s Annual Conference. Can you tell us a little about the topics and how/why you decided to present on them?

Heather Fogg, right, and Kendra Jobe co-presented “Take Two Sessions and Call us Next Time: How Might our Prescriptions for Conflict Engagement Miss the Mark?” at the Center for ADR Conference in June.

I am very fortunate and grateful to Marvin Johnson and Linda Sternberg of the Center for ADR for inviting me to present, and lucky to have incredible friends and colleagues, Kendra Jobe and James Boyle, to develop topics with me. Kendra and I have been working together for years, and one thing we often talk about is the great variety of approaches and processes we’ve learned within the umbrella of ADR — from restorative practices, to group facilitation, to different mediation frameworks. Rather than framing it as though there might be only one “best way” to practice, we invited practitioners to consider: How does the process (or framework within a process) you are the most enthusiastic about fit your own worldview, personality or perspective on conflict? The range of responses and reflections that practitioners offered, as well as the practical tips, techniques and strategies they shared, made the conversation very rich and informative.

The Maryland Standards of Conduct for Mediators is also near and dear to me. In a mediator ethics session, James and I invited mediators to consider how our ethical practice doesn’t come up only when a specific dilemma surfaces, but also in the everyday decisions and actions we take as mediators throughout the mediation process. It’s been important to me to think of any set of standards we use as a constant reminder about why I wanted to become a mediator in the first place: to hold a process where those most directly impacted by the outcomes would have full say and decision-making in what will happen next. I would like mediators to consider that such standards give us guidance in everything we do, say, don’t do or don’t say … and not just when we see a specific dilemma (that may make us suddenly remember to reread them and consider our role).

Is there a book on conflict resolution that you always find yourself recommending (and why)?

This is a wonderfully dangerous question to ask me because one of my favorite things to say is, “I just read {insert book title}, and now I’d love to talk with you about it!” My favorite books about any subject are those that invite the reader to upend their understanding and really look at something from a wholly different perspective. Among my favorite books to do just that in the conflict engagement field are “Justice As Healing: Indigenous Ways” by Wanda D. McCaslin; any of the number of books written by Rupert Ross; “The Outward Mindset” and “Anatomy of Peace,” both by the Arbinger Institute; and “The Conflict Pivot: Turning Conflict into Peace of Mind” by Tammy Lenski.

Have you had a chance to think about any short- and long-term goals for RSI at this point?

One of the things I like that I’m learning about with RSI is the goal to be intentionally reaching more people around the country. I would like to see us have a relationship with at least one court-connected ADR person in every state. So, if you’re reading this now, and you know someone in another state who we should be introducing ourselves to, drop me a line and help us connect (hfogg@aboutrsi.org). I would like RSI to connect with more people around the country who are interested in court ADR as much as we are!

Is there something you’ve learned since starting at RSI that surprised you?

One thing that has really stood out to me is how RSI has such a strong reputation for advancing court ADR that people regularly come to RSI with questions they’re pondering and ideas about how RSI can help them answer them. The depth of relationship and expertise that it shows about RSI is something I feel honored and proud to join.

What keeps you inspired and going when things get tough?

Oddly enough, it’s watching the animals* who live with me squabble, full-on fight, and then get over it, and often even snuggle immediately with each other again. It reminds me that maybe we can follow their example and find our way through conflict without permanently shutting one another out as well. (*Note, I live with seven indoor cats and three delightfully loud parrots. Knowing we can all successfully live together through our conflicts and spats … gives me hope.)

Sowing Seeds that Blossom into a Meaningful Life’s Work

Susan M. Yates, April 16th, 2024

On April 11, 2024, the American Bar Association Dispute Resolution Section honored me with its D’Alemberte Raven Award. The award is given “in recognition of development of new and innovative programs, demonstrated improvements in service, demonstrated improvements in efficiency, research and published writings, and development of continuing education programs.”

The following are the remarks I made at the award ceremony.

Susan M. Yates gives a speech after being presented with the D’Alamberte Raven Award at the American Bar Association Section of Dispute Resolution 2024 Spring Conference.

Thank you.

I must say, when I first learned I was getting this award, I was stunned.

That was followed quickly by a surge of love for my friends who nominated me. Thank you, Peter, Jen, Jim, John, Kelly and Terry. I live in abject fear of leaving someone out when I publicly thank people, so I am going to stop naming names right there! But I will give a huge thank you to all my friends and colleagues, who I respect and love from the bottom of my heart.

An occasion like this was bound to lead me to reflect on my career. As I did, I thought about all the small, day-to-day actions that turned into something important for me. This evening I invite you to join me in reflecting on little things, and to keep doing those small acts because you just never know.

Here’s my first example:

It’s from the end of the ’70s. I was at Cornell’s School of Industrial and Labor Relations, studying mediation, arbitration, negotiation, etc. A representative from the Rochester (NY) Community Mediation Center (not their long-time executive director Andrew Thomas) came and spoke about community mediation. And that idea lodged in the back of my mind and deep in my heart.

So, when you are asked to speak to a class about mediation, conflict resolution, ADR, whatever … go! It is possible that when you do, you could plant a seed that will bloom for decades.

Another example:

ABA Section of Dispute Resolution Chair Ana Sambold, left, presented Susan Yates with the D’Alamberte Raven Award at the section’s spring conference. (Photo courtesy of ABA Section of Dispute Resolution)

A few years out of college, I was living in Chicago and found that there was a local community mediation center — what is now known as the Center for Conflict Resolution. I reached out; they were doing a mediator training the next two weekends and invited me to participate. That training, which came about because someone answered the phone and extended an invitation, formed the basis for the rest of my career!

So, as you are going about your day, answer the phone or an email, and make a simple offer. It might not be consequential for you, but it could be life changing for someone else.

Here’s an example from later in the ’80s,when I was executive director of that community mediation program in Chicago:

I went to a Chicago Bar Association reception and happened to meet in person a funder, Kent Lawrence, who was supporting our eviction mediation program via a third party. (Yes, eviction mediation was happening back in the ’80s.) From that chance meeting came a multiple-decade friendship and funding relationship that has enabled Resolution Systems Institute to grow into the organization it is today.

So, go to those gatherings and other events — whether in person or online. Meet new people and develop those personal and professional friendships.

Here’s another example from a few years later:

Jim Alfini — who many of you know and is the OG of the DR Section — invited me to grab coffee and talk about the ABA DR Section. He was about to chair the section and invited me to chair the Associates Committee. Well, that led to me serving on the Council for a number of years, being one of the ABA’s two representatives to the revision of the Model Standards of Conduct for Mediators and many, many, MANY other involvements — budgeting, nominating, ethics, strategic planning, conference programming — in the Section. In the Section, I found my professional home.

So, take someone to coffee. Invite them to engage with the DR Section or another organization of your choice. Help your colleagues find their professional home.

And one final example from about the same time in the ’90s:

Susan Yates (right) with RSI Director of Research Jennifer Shack (center) and RSI Researcher Rachel Feinstein at the ABA Section of Dispute Resolution Conference in April 2024.

I was executive director at Resolution Systems Institute — where I still am today — and looking to hire someone to be the second RSI staff person. One person I interviewed was right for the job, but could only promise to stay for 18 months. Well, that was the magnificent Jennifer Shack, RSI’s Director of Research, with whom we recently celebrated 25 years at RSI. Were it not for her, RSI would certainly not be the organization it is today, and I would likely not be standing here in front of you.

What does this tell us? Better to hire someone good for a short amount of time. You never know where it might lead. 

Each of these seemingly small actions had a huge impact on my life and ultimately led to me standing here this evening. So, I encourage us all to keep doing those small things. Speak to a class, respond to an email, meet people, invite someone to get involved, hire someone because they are good.

In closing, I will add another action: Nominate a colleague for an award. You will never know how much it means to the person who receives the award.

Thank you.

Support RSI’s Pet Projects

Susan M. Yates, July 11th, 2023

Every time my foster dog looks at me with those big eyes, wags her tail and rolls over for a belly rub, I get a warm, fuzzy feeling.

You know, like the feeling you get when you think about supporting RSI’s work.

Or is that just me?

“Bri” (short for “Brillo”), foster dog of RSI Executive Director Susan M. Yates.

As the second quarter of 2023 comes to a close, I’m so proud of RSI’s accomplishments studying and sharing the qualities of successful mediation; learning how online dispute resolution programs might help parties with low literacy make better use of ODR; and mediating eviction cases.

But as meaningful as our work is at RSI, I know that, for most people, RSI’s mission doesn’t have the instant emotional appeal of rescuing dogs and cats in need.

I get it. When you support RSI, you may have to go through a step or two to get to the warm, fuzzy feeling. But rest assured, you are supporting important work that improves real lives.

Maybe you see a fair, open justice system as a foundation for democracy – and so you value procedural justice in mediation.

Maybe you can imagine how scary eviction court would be – and so you value a mediation process that enables landlords and tenants to sit with a mediator and work out solutions together.

Maybe you are eager to learn how mediation really works – and so you value our project to explore mediator behaviors that engender party trust.

Whether it is instant or it takes a few steps, I hope you enjoy the warm, fuzzy feeling of supporting RSI. Please click here to make a difference by donating to RSI.

The Twelve Hours of Conflict ⏰

Susan M. Yates, December 16th, 2020

In what has become a holiday tradition at RSI, here is my ADR-themed parody of the Twelve Days of Christmas. Happy holidays!

For the first hour of conflict, my neutral gave to me a round table with a great view

For the second hour of conflict, my neutral gave to me two succinct summaries
And a round table with a great view

For the third hour of conflict, my neutral gave to me three paraphrases
Two succinct summaries
And a round table with a great view

For the fourth hour of conflict, my neutral gave to me four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the fifth hour of conflict, my neutral gave to me five as-pir-in
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the sixth hour of conflict, my neutral gave to me six tested realities
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the seventh hour of conflict, my neutral gave to me seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the eighth hour of conflict, my neutral gave to me eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the ninth hour of conflict, my neutral gave to me nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the tenth hour of conflict, my neutral gave to me ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the eleventh hour of conflict, my neutral gave to me eleven cookie breaks
Ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the twelfth hour of conflict, my neutral gave to me twelve resolved issues
Eleven cookie breaks
Ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

Have a great New Year!

Verified by ExactMetrics