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PRACTICE PROFILE
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Frank McLean, Mediator & Facilitator
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Frank McLean, Mediator and Facilitator
from diverse viewpoints to mutual decisions and action... sm
- party-to-party or multi-party dispute management
- governance, strategic management, collaboration
- restorative justice processes, dialogues and discussions
with individuals, organizations, professionals and communities
25 The Esplanade, Suite 2503 Toronto, Ontario, Canada M5E 1W5
Tel:/Fax: 416.410.7570 - frankmclean@sympatico.ca www.frankmclean.com
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Approaches: Mediation and Facilitation are professional disciplines useful in issue, opportunity and dispute management. Both disciplines include diverse, non-adversarial principles, processes and practices to foster exploration, dialogue, consensus, agreements and action.
In the Practice, these elements are designed selectively - jointly with each client - to:
a) support constructive working relationships, development, initiatives, projects and change or
b) support dispute management as an alternative to adversarial relationships and proceedings or
c) craft a synthesis of a) and b) in circumstances where this is indicated, appropriate and feasible.
The Practice is professionally and politically independent. It collaborates in diverse settings with clients, parties, their advisors and stakeholders. In a Preliminary Consultation a range of factors is assessed collaboratively. These include: the fit among the client, the client's needs and expectations and desired outcomes, opportunities and risks; provisions for needs assessment and resources and latitude for engagement design and management. This assessment may result in appropriate referral options or a Professional Services Agreement. Preliminary Consultation services are rendered without professional fees.
Client work is confidential, individualized and driven by client interests and priorities. It is based on joint client-practitioner needs assessment, design and engagement management. Engagements are conducted in ways designed to strengthen critical client capabilities in development and change management as well as in preventing, managing and resolving disagreements, conflicts and disputes.
Roles and Relationships: In every stage of dispute or change management, parties and clients retain ownership of their issues and responsibility for addressing them. The role of mediator or facilitator is neutral and supportive:
a) designing safe, respectful, open and effective working spaces and processes that are appropriate for each client and all parties;
b) coordinating necessary, timely and parity exchanges of information, adequate and timely preparation and the appropriate use of standards - critical factors determining potential for successful outcomes;
c) assisting parties to clarify, dialogue, negotiate, and navigate toward their objectives, understandings, agreements, settlements and undertakings going forward - including ongoing relationships;
d) if parties determine full and final settlement is not feasible, timely or in their interest, temporary adjournment, partial settlement or other options may also be identified and considered.
Facilitation engagements may include either or both neutral and advisory roles of the facilitator as indicated.
Benefits: In a neutral, respectful and supportive setting, parties can more effectively address their short, medium and long term issues, interests and rights. Initiative, dialogue and productive options are increased. Risks, stress, duration and costs are decreased. Proposed understandings, plans and actions gain credibility in various ways - including through their feasibility, value, durability and acceptance.
In working together toward clarification of issues, change management, memoranda of understanding and settlement agreements, parties are able to craft, substantially more likely than not, a win-win package of agreements and actions that they see as a better option going forward than their other alternatives.
Legal Considerations: Legal rights, interests, options and courses of action require independent legal advice and/or representation by, as well as effective collaboration with, appropriate legal counsel.
Values & Principles: MANDATE
Engagements & Experience: FRANK McLEAN: ENGAGEMENTS & EXPERIENCE
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Services...
Dispute Management - Civil and Criminal:
- proactive dispute risk/opportunity identification and management
- neutral dispute facilitation
- party-to-party mediation
- multi-party mediation
- restorative justice processes, dialogues and discussions
- neutral party
- fact finding
Change Management - Projects, Organizations and Collaborations:
- proactive process risk/opportunity identification and management
- governance, board design and development, vision, accountability, ethics
- leadership, strategic and change management, implementation, monitoring
- collaboration, capacity-building, transition, sustainability
- initiative or project management planning and process design: issues, structure, collaboration and facilitation support;
- internal and external stakeholder engagement and relationships;
- negotiation support
- fact-finding, open space facilitation, issue management circles, non-violent communication
- professional practice design, development, and advisory services
- policy, advocacy, writing, editing
Sectors & Settings:
- Chair and Board; CEO, COO and Senior Management; Principal and Managing Partner
- councils; coordinating, sectoral, regional and consultative bodies
- partnerships, joint ventures, strategic alliances, interorganizational relationships
- private, public, for-profit, not-for-profit, multicultural, Aboriginal, arts and culture
- individuals, organizations, professionals, professions, communities
- Canada and U.S. (U.S. Government Contractor Registration)
Further information is available at the SERVICES navigation bars...
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Selected Experience...
- Ontario Government Small Business Advocate balancing advocacy by
small business organizations with government political and program directions and with public interests
- Ontario Government Small Business informal ombuds on referral from local MPPs of constituent businesses:
advocate in the public interest on their behalf in disputes with government or private sector parties
- economic development: competitive, community, urban, regional, Aboriginal, multi-cultural, technological, innovation and cross-border
- neutral party, issue/dispute management and resolution
- high-profile, multi-stakeholder, public-private dispute resolution
- restorative justice victim-offender dialogue, facilitation, mentoring, screening court cases for suitability for diversion to mediation
- stakeholder engagement
- governance, board, senior management, organizational design/development
- ethics, advocacy, government, legislation, regulation, policy, writing, editing
- marketing, corporate and cross-border strategy
- innovative firms, venture capital
- research, innovation, development, technology
- program/project design, development, assessment
- small, medium, family and large businesses; associations, communities, co-ops
- postsecondary education governance, coordination and innovation
- professional licensure and practice; internationally trained professionals
- commercial, charitable, insurance, medicine, health, law, accounting
Selected Professional and Community Service...
ADR Institute of Ontario (ADRIO): Member. Committees: Advocacy (Lead, Ontario Mining Act Modernization: Regulations Development); Regulatory. Sections: Workplace; Technology and Intellectual Property; Restorative Justice: (Convener, Friends of Restorative Justice Working Group); Public Conflict.
ADR Institute of Canada (ADRIC): Member.
American Bar Association (ABA): General Associate Member and Section of Dispute Resolution Member.
Conflict Mediation Services of Downsview (CMS-D): CMS-D: Member and Volunteer Mediator. Restorative Justice Department: Mediator and Mentor. Member, Youth Justice Committee: youth case development, screening and co-mediation with referrals for mediation from 2201 Finch Court (Toronto). Personal Information Court, 1000 Finch Court (Toronto): on call for CMS-D screening support with Crowns on mediation diversion recommendations to Court. Formerly, Adult Justice Committee referrals for CMS-D case development, screening and co-mediation from 1000 Finch Court; Ontario terminated its AJC Program and funding at the end of FY 2008-9. Participant: CMS-D values identification and integration project, experienced co-mediators' focus group.
Ontario Bar Association (OBA): Formerly, Alternative Dispute Resolution Section: Section Affiliate Member; Executive Member-at-Large: legislative and policy advocacy; Section Lead, Watching Brief ADR/Restorative Justice Policy; Section Lead and Section Representative to OBA Ontario Mining Act Modernization Working Group, 2008 Submission; ADR Newsletter Editor, e-newsletter designer; Technology Representative to OBA. Previously, Aboriginal Law Section: Section Affiliate Member; Executive Member: Newsletter Editor: resume publication, e-newsletter designer; legislative and policy advocacy; Technology Representative to OBA.
St. Michael's Hospital (SMH): Formerly Member and Patient Representative, Community Advisory Sub-Committee to Academic and Quality Committee of the Board.
Canadian Executive Service Organization (CESO): Volunteer Adviser: governance, strategic management, collaboration; Member: CESO Working Group on Campaigns and Coalitions.
Listening to the City: Port Authority of New York, New Jersey and Connecticut, the Lower Manhattan Development Corporation and the City of New York. Focus: the future of the 9/11 World Trade Centre site as well as rebuilding Lower Manhattan's Financial District, neighbourhoods and economy. One of 500 Volunteer Facilitators selected internationally to assist 5000 participants from New York City, New Jersey and Connecticut, invited through the media, to report impacts and needs and make recommendations for action - submitted electronically in real time, analyzed and presented to the sponsoring authorities who were present. (Engagement Note: Canada Afghan Community Leadership Consultation: A few months prior to Listening in the City, engaged as Facilitator by post-9/11 national gathering of Canadian Afghan leadership and other Afghan community representatives, women, youth, business people. Focus: impacts felt, and responses needed by, the Canadian Afghan community - internally and externally.) For further information click Sources/Articles navigation bar.
Louisiana Recovery and Rebuilding Conference Governor of Louisiana and the American Institute of Architects. Volunteer Facilitator among 50 volunteers selected from North America to assist 500 diverse professional participants to initiate plans for the Katrina/Rita hurricane flooding recovery and rebuilding effort.
Association for Creative Change in Organizational Renewal and Development (ACCORD): Formerly Member, Board Member and Editorial Team Member.
EthicsCentre.ca/The Canadian Centre for Ethics & Corporate Policy: Founding Director and former Board Member.
Further information and detail are available on experience and service work at the
PRACTICE navigation bar: "FRANK McLEAN: ENGAGEMENTS & EXPERIENCE"...
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An Invitation...
Since it is mutually beneficial, you are welcome to discuss your situation, without charge or obligation.
Frank McLean, Principal
Tel:/Fax: 416.410.7570
Mobile/Text: 647.456.7458
frankmclean@sympatico.ca
Copyright 1999-2010, Frank McLean - last page edit 10.01.22/09:00
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