Peacebuilder Wayne Plenert

B.Th., B.A., LL.B., LL.M.

Retired lawyer (BC and Yukon)

Mediation Member of the Civil and Family Rosters of Mediate BC

1601 Loran Drive, Phone:(250) 784-7910(c)

Dawson Creek, B.C. V1G 4X9 Email:wplenert@peacebuildermediation.com

Transformative Mediation by Technology

Instructor: Wayne Plenert of Peacebuilder Mediation. Wayne is a former chair of

the Roster Committee of Mediate BC Society and is an experienced mediator and
trainer, who delights in finding practical uses for good theories. His writing
includes Personal Injury Mediator Styles and Transformative Parenting. Email for
a copy of the articles, for his CV, or with any questions.

Proposed time and Dates

Tuesdays 5:30 – 8:30 PST (6:30 – 9:30 MST): January 8, 15, 22, 29; February 5, 12, 19, 26; March 5 and
12, 2019.

Overview

This course offers mediation training to small groups (pods) by distance instruction. The target audience
includes those who want to explore how conflict can be transformed, and newcomers to mediation, in
particular in indigenous communities. The course is open to all.

This approach to mediation training has two distinct components. This part is 30 hours of interactive video
training. A second part, yet to be arranged, is 10+ hours of role play.

For 30 hours of credit, a person must meet in a group of at least 3 (a pod) once a week for 10 weeks. Each
evening, Wayne will present on 3 mediation topics, and each pod will explore those topics and then engage
interactively.

Topics cover meetings, interpersonal conflict and family dynamics, and how to be a leader in addressing
those in conflict. The approach can be seen in the Outline. The course combines theory, practice and a
practical glimpse into the worlds of mediators and leaders in conflict management.

This is something new. Wayne has taught Transformative Mediation in British Columbia and Alberta, and
he has used the internet for both mediation and teaching. He now looks to combine the two into an
interactive distance training experience.

In order to receive credit, each participant will attend each session, and will engage in teamwork within a
pod. While pods will probably meet in person, it may be possible to form a pod through technology.

As this is a trial run for the course, it is offered for no cost. Handouts will be provided by email and the
course will be recorded.

The course is hosted by Mediate BC.

Practice limited to alternative dispute resolution and all types of mediation.

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p. 2

Course Outline

Session # Key questions Quick Overview

Session 1 This course is a pilot. How can This segment introduces:

Segment 1 students combine distance learning and
the interaction required for effective
mediation training?
 how this course will work,
including the idea of pods and study
groups.
 how meetings work, and in
particular, the question of meetings
for those in conflict,
 overall goals, expectations,
feedback expectations, and how the
course connects to a mediation
practice.

Segment 2 How does an individual approach
interpersonal conflict?
Is conflict natural and normal?
Whether Yes or No, what happens in
conflict in the individual brain when it
is a party to a dispute or when it is a
mediator?
The human brain treats interpersonal
conflict differently than is generally
understood. Even when we know how it
works, we often do not apply those ideas in
our assessments of ourselves or others.
Humans are primarily binary. Mediation
can offer non-binary approaches to
conflict.

Segment 3 What is a “resolutionary”? What is a Humans are often crusaders. We want to

“revolutionary”? make a difference.

What are some key paradoxes in Process or social change Mercy or justice.
conflict studies? Love or power. Process or outcome.

Session 2 Given the way individuals behave in Every mediator needs basic skills. What
Segment 4 conflicts, what techniques should a are these, how do they work? Why do they
mediator use? work? When and how should they be used?

Segment 5 How does a couple or small group
approach interpersonal conflict?
What are family or group dynamics,
and what is relational dysfunction?
While individuals often internalize conflict,
conflict is best understood in relationship.
What makes a relationship dysfunctional?
What is a conflict triangle? What is a
destructive spiral?

Segment 6 What is the key operating document The Agreement to Mediate introduces
for mediation? many mediation topics. Also, a mediator
How does the Agreement to Participate needs to present the Agreement that is

Practice limited to alternative dispute resolution and all types of mediation.


in Mediation work?
Session 3 What are the shortcuts that a brain
Segment 7 takes in decision-making?
How do these impact mediation and
the mediation process?
Segment 8 When is a situation toxic? How does
grief change the way people conflict?
How does a mediator deal with people
in grief, or where one is at a different
spot in the grief cycle than the other?
How does a mediator deal with desires
to reconcile?
How about vengeance?
Segment 9 How is transformative mediation (JP
Lederach version) different from
conflict resolution? When should
mediators take a wider approach?
Session 4 When and how does Culture impact
Segment 10 mediation?
Segment 11 What are the different dimensions of
conflict, and how can a mediator assist
people in each dimension?
Segment 12 Is Power a matter of getting things
balanced? How do participants
Practice limited to alternative dispute resolution and all types of mediation.
Thursday, October 25, 2018
p. 3
effective and sets the tone to the mediator’s
approach.
When the brain takes a “short-cut”, it is
putting speed or ease of operation ahead of
thoughtfulness.
Some decision-making shortcuts:
heuristics, mindsets, language, motivation
and emotion.
Toxicity undermines almost all attempts at
mediation.
When people are grieving, they are focused
on their losses and the past.
Reconciliation and vengeance are common
focuses that are inconsistent with family
mediation.
Transformative conflict is quite different
from resolution. Both are core tools for the
mediator. Most mediators focus on
resolution, when often a transformative
model might offer valuable alternatives.
Cultures are large shaping influences.
Different writers offer different approaches
to culture. Each offers value in different
conflictual circumstances.
This segment looks at several approaches
to culture.
In The Dynamics of Conflict Resolution, a
Practitioner’s Guide Mayer divides
conflict into three dimensions. Action,
Emotion, Understanding.
Compare high and low power (power as
seen by those in conflict) versus types and

perceive power, and how can
mediators perceive and apply power in
their sessions?
Session 5 What are Interests, and what are
Segment 13 positions? How do those in conflict
perceive interests and positions? How
can mediators use interests and
positions to the advantage of the
mediation?
Segment 14 How are mediators expected to
behave? Part. 1
Segment 15 How are mediators expected to
behave? Part 2.
Session 6 Are you ready to try mediating?
Segment 16
Segment 17 How do mediators relate to domestic
violence, either towards the other, or
children, whether historic or current?
When is violence a barrier to
mediation? When is it not? What are
the alternatives?
Segment 18 What are examples of types of
mediation, and how does the
mediator’s approach change in
different venues?
Practice limited to alternative dispute resolution and all types of mediation.
Thursday, October 25, 2018
p. 4
uses of power (power as seen by
mediators). (We will address abuses of
power later in the course).
While this is not a course in interest based
mediation, every mediator must have a
strong working understanding of how
interests and positions drive conflict and
conflict resolution.
Participants will review the Standards of
Conduct of Mediate BC Society.
Participants will review the rest of the
Standards of Conduct, as well as the
Regulation of the FLA and the Law
Society Appendix 2 as it applies to
mediators.
A simple problem will be presented. Each
participant will have a role and the roles
will rotate so that each has to be a
mediator, and one or the other side in the
dispute.
Since participants will take a separate
course in Domestic Violence, this is a
simple overview only.
Types of mediation that may be
considered: personal injury; child
protection; elder; workplace; community;
restorative justice.
Also mediation will be contrasted with
med-arb; court; and circles.
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Session 7 How does transformative mediation The heart of conflict transformation

Segment 19 (following the JP Lederach approach) involves structure process. It is with a
work? healthy platform that identity is supported,
culture respected, and relationships and
trust restored.

Segment 20 How can transformative mediation Transformation and resolution –

work in wider fields like workplace or engagement or resolution?
other organizations? How does
engagement in conflict work?

Segment 21 Participants will observe a mediation.

Session 8 How does transformative parenting Participants will explore the approach in
Segment 22 mediation work? Wayne’s paper on Transformative
Parenting.

Segment 23 How does child support work, and An introduction to how child support used
how can a mediator present it to to work, how it has changed, and what the
parties? expectations are. Also, an introduction on
how to get people to develop an ongoing
model for child support (transforming the
problem).

Segment 24 How does spousal support work, and
how can a mediator present it to the
parties?
An introduction to how spousal support
works, how it has changed, and what the
expectations are. Also, an introduction to
why this is challenging and what the law
expects.

Session 9 What does it mean to put the child An introduction to the FLA as it relates to
Segment 25 first? children.

Segment 26 What other laws should a mediator be Introduction to the Divorce Act; Property,
familiar with, and when should a as well as co-mediation and limits to a
mediator look for help or step out of a mediator’s practice.
mediation?

Segment 27 How does a mediator maintain respect What are the elements of a good mediator
and trust? Is a mediator a reputation?
professional?

Practice limited to alternative dispute resolution and all types of mediation.

 Thursday, October 25, 2018
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Session 10 What is the future of mediation? These three hours look at the big picture,
Segment 28 and cover the student’s remaining
questions and concerns, and missed topics.

Segment 29 How does one develop a mediation

practice?

Segment 30 Assuming mediation is one tool in

addressing conflict, where does it fit
into conflict system design and
conflict structure? How do mediators
become leaders?

Separate course: Role Plays

A separate in-person course is planned to offer role plays where participants will explore various kinds of
mediation this will including parenting and support issues, and may include child protection, elder, a
dispute about a house sale, workplace, or such examples as best suit the learning needs of the participants.
Participants will be expected to act as disputants and as mediators. Depending on numbers, the mediators
may be co-mediating.

The role play course may be developed when the instructor knows who is interested and where they live.

This course provides 30 hours of instruction, and the role play course would offer a minimum of 10 hours
of role play experience to where participants would have 40+ hours of total training.

Next Steps

If you are have more questions, please contact Wayne. Registration is through the Mediate BC website.

Feel free to circulate this note!

Per: WAYNE PLENERT

PEACEBUILDER MEDIATION

Practice limited to alternative dispute resolution and all types of mediation.