You are receiving this email as a member or subscriber to News for Alabama Neutrals, the newsletter of the Alabama Alternative Dispute Resolution Center at alabamaadr.org

In this issue:

ADR Safety Protocols
Upcoming Training Opportunities
New ADR Ethical Opinions
We Remember Charles Booth

Civil Collaborative Law Conference

George Kohlrieser, Negotiator
ACR Conference
Woman in Gold Mediation and Arbitration?
 

3rd Quarter 2015 Newsletter

Easy Print Version (pdf) | Unsubscribe | View in a browser

 

Photo of a stylish man in a purple suit smoking a cigar

FROM THE DIRECTOR:

HOT ... does not describe Montgomery lately!  But, Patsy and I are still in action.  The Rosters are almost ready to send out to our judges, mediators, state agency attorneys, and others.  The Bar’s annual meeting is Bayside this week and we’ll have a table there as usual.  I have been wheeling my ADR free CLE bag to Cullman, Morgan, Chilton, Talladega and Jefferson Counties.  I promote all the local mediators, arbitrators and private judges when I travel.  I will bring a program to your local Bar if you ask!  Shortly the Center will know if the Foreclosure Prevention Mortgage Modification program will continue into a new grant.   Please check the website for the latest of everything:  www.alabamaadr.org .

The form and procedures for consumer ethical complaints against a mediator or arbitrator are now at the website at  http://alabamaadr.org/web/publicinfo/complaints/index.php   We have had only one complaint against a mediator and one against an arbitrator in 20 years!  Your service has been exemplary.

Statistics are in for 2014 from your returned surveys.  Please remember that these are very helpful in our reporting to the Supreme Court of Alabama and to the Bar.  We need to hear from you.

  • Mediations: 259 of the 422 registered mediators returned survey information.   You reported 3,535 mediations with a 78% settlement rate. 
     
  • Arbitrations: 39 of the 83 arbitrators reported statistics.  There were 86 arbitrations, 16 of them court ordered, and 32 were consumer.
     
  • Private Judging: 17 of the 28 private judges reported statistics.  There were four private judgings:  two custody/modifications; one divorce; and one real estate.

Our Supreme Court and Court of Civil Appeals are still running over 50% for settlements.

Please let us know what you are up to, and if you have any comments about ADR issues from which other professionals may benefit. We always appreciate a phone call.  If you are teaching, speaking, or educating about ADR we would like to include it in the e-news.  A picture for Facebook or e-news is also always good!

In this issue we update you with interesting training for fall, give you a link to suggested safety measures in all ADR procedures,and say good bye to mediator, Charles Booth.

Please visit us in Point Clear!

Judy


The Alabama State Bar Dispute Resolution Section,
Nominating Committee has proposed the
2015-2016 Slate of Officers.

Voting will occur at the annual meeting of the Bar:

  • Chair: Sam Crosby
  • Vice-Chair: Martha Cook
  • Secretary: Alex Goldsmith
  • Treasurer: Yvonne Gabrielson
  • Member-at-Large: Jim Walters
  • Mediation Committee Chair: Tom Corbett
  • Arbitration Committee Chair: Clay Price
  • Public Interest Chair: Brian Turner
  • Publication Chair: Brock Murphy
  • CLE Chair: Elizabeth Smithart
     

Alabama Center for Alternative Dispute Resolution goes Social!

Alabama ADR LogoWe've been blogging for years! Get news when we learn it. Access training information. Learn the latest. Read our blog or sign up for the RSS news feed. Go to alabamaadr.org/blog.

FacebookDid you know we're on Facebook? Visit our page at facebook.com/alabamaadr and Like us to keep up with the latest news and happenings at the Alabama Center For Dispute Resolution!

TwitterWe're also on Twitter! While we don't have a lot of "fast-breaking news," we have a Twitter account to keep you up on the latest. Follow us @AlabamaADR at twitter.com/alabamaadr

YouTubeAnd now we have a YouTube channel! We are loading videos and pointing to reference videos related to our favorite topics... mediation, negotiation, arbitration, restorative justice, etc.
Visit Alabama Alternative Dispute Resolution Center on YouTube.
 

 


Keeping Everyone Safe: Developing A Plan And Protocols For Safety In Your ADR Process

Keeping Everyone SafeThe Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted ADR Safety Planning: Recommended Guidance to Promote the Safety of Practitioners and Participants in ADR Processes.

These recommendations are intended to encourage and assist practitioners and ADR provider organizations in the planning and implementing of safety procedures for all ADR processes they conduct.

The full text of the ACR Task Force Recommended Guidance can be found online at:

http://www.imis100us2.com/acr/ACR/Resources/Taskforce_on_Safety_
Recommended_Guidance/ACR/Resources/Taskforce_on_Safety_Recommended_
Guidance.aspx?hkey=dfeca714-b184-478d-8e34-b4905e486319

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Upcoming Training Opportunities

Advanced Mediation & Advocacy Skills Institute

13th Annual
Advanced Mediation & Advocacy Skills Institute
 
Hyatt Regency, Atlanta, Georgia
October 23-24, 2015

An Interactive Two-Day Course of Instruction
Learn from leading advocates and mediators
Discuss effective skills and techniques to obtain better outcomes for your clients
Actively engage in discussions with presenters
Gain new practice development skills

Who Should Attend
Litigators, In-house Counsel and other Corporate Users of Mediation, Mediators, Judges

RSVP TODAY!

http://shop.americanbar.org/ebus/ABAEventsCalendar/
EventDetails.aspx?productId=201673360

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Negotiation Institute

DCOctober 3, 2015
9:00 a.m. to 4:30 p.m.
American Bar Association
Washington, DC

This program is designed to help you develop practical skills in legal bargaining. To ensure an interactive experience, attendance will be limited to 50 persons. You will participate in hands-on roleplaying, and have the opportunity to request feedback from a faculty of leading academics, attorneys, and trainers.

As a participant you will:
• Spend a full day working to improve your legal bargaining skills
• Participate in negotiations yourself, where you will analyze the results and see video of skilled bargainers dealing with the same problem
• Explore the psychological forces that oft en distort decisions of opponents, clients—and perhaps yourself
• Understand the ethical rules that govern negotiation by lawyers
• Survey your personal bargaining style
• Practice dealing with “tough” bargaining tactics
• Learn how to approach what may be your toughest negotiation – with your own client

Registration Information:
Participation is limited to the first 50 registrants. To register online, use your ABA member ID number. Alternatively, you may create a customer account on the ABA website and receive an ID number. Register online. Registration is required.

Rates
ABA Dispute Resolution Section Member: $350
ABA Member: $375
General Registration: $400

Early bird rates end Monday, September 7th.

http://shop.americanbar.org/ebus/ABAEventsCalendar/
EventDetails.aspx?productId=203908731

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NEW!
1st Annual Professional Skills Program
in Nashville, Tennessee

Professional Skills ProgramStraus Institute for Dispute Resolution is pleased to partner with the Institute for Conflict Management at Lipscomb University for this program!


October 29-31, 2015, Nashville, Tennessee

Mediation, Advanced Mediation, Negotiation, Peacemaking, Advanced Decision Making
—select your program

Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties at plenary sessions, lunches, and receptions. Early enrollment is recommended since many of the sessions fully subscribe. Contact Lori Rushford at (310) 506-6342 or e-mail Lori.Rushford@pepperdine.edu to enroll or to request a brochure.

Participants select the process in which they desire expertise (one course only), as all programs will be presented simultaneously. To provide for personalized instruction, enrollment for each course is limited to ensure a close working relationship among the faculty and participants. Course sessions will include lectures, small group discussions, and practice exercises. Faculty and other participants will also provide performance coaching. The synergy of ideas will provide a truly unique learning experience.

 

For additional information:
Southeast Professional Skills Conference - October 29-30 - Nashville
(http://law.pepperdine.edu/straus/training-and-conferences/
professional-skills-program/nashville/)

The Full Brochure (pdf)

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ALABAMA
  IN STATE MEDIATION TRAINING

Get updated information on Alabama training events
on our training calendar:

alabamaadr.org/web/training

 

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ABA Section of Dispute Resolution
Arbitration Webinar Series

This 6-part arbitration series is a unique opportunity to learn from some of the leading arbitrators and arbitration advocates in the country. Each webinar will focus on different phases and challenges of the arbitration process.
 
Faculty members will provide valuable insights and advice from the perspective of the arbitrator and advocate on every aspect of arbitration, from the importance of the preliminary hearing to the best practices for drafting arbitration awards. The program will also provide in-depth discussion and practical guidance on common ethical issues arbitrators face while building a successful arbitration practice. Please see below for more details on each program.

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July 23, 2015 - Part II
The All Important Preliminary Hearing
Essentials, for both Advocates and Neutrals

Why is the Preliminary Hearing so important? What should the arbitrator and counsel each be trying to accomplish? Who should attend and why? What are the major subjects that should be covered, and how? What about discovery? How do you keep it under control while permitting the parties to get the information they need? Depositions? Motions? Witness and expert testimony? Should an Agenda be circulated in advance? Why? The importance of the Case Management Order. Everything you need to know to run or participate in a Preliminary Hearing.

Speakers:

  • Philip S. Cottone, American Arbitration Association
  • Bruce Meyerson, Mediator, Arbitrator, and Trainer
  • Lawrence R. Mills, JAMS - The Resolution Experts

Register at the ABA Website Today

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September 16, 2015 - Part III
Balancing Party Control and Efficiency:
Managing the Parties and Preparing for the Hearing

This panel is comprised of an advocate, former judge and former in house counsel who will explore how arbitrators balance the parties desire for self determination against managing the arbitration process to ensure efficiency and cost effectiveness. The panel will discuss managing the process through the pre hearing management conference; the extent of discovery and motion practice; and how arbitrators encourage the parties to discuss settlement.
 
Speakers:

  • Deborah Masucci, Neutral, Chair of the International Mediation Institute
  • Theodore K. Cheng, Esq., Fox Horan & Camerini LLP
  • Hon. Ariel E. Belen, JAMS - The Resolution Experts

Register at the ABA Website Today

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October 13, 2015 - Part IV
Managing the Arbitration Hearing and Evidence

Based on the premise that advocates and clients chose arbitration to obtain a fair, expeditious and efficient process to resolve the dispute, we will explore the flexibility that sometimes goes unused by arbitrators and advocates in the process.  We will discuss the key steps that begin with preparing for the preliminary hearing.  We will include the importance of educating your arbitrator(s) and seeking education from advocates, keeping the focus, teaching or assuring that you understand the complex case (even if you are or you are advocating or subject matter proficient), effective presentation of witnesses and evidence, and using experts to best effect.

Speakers:

  • Laura A. Kaster, College of Commercial Arbitrators
  • Judith Archer, Norton Rose Fullbright

Register at the ABA Website Today

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November 10, 2015 - Part V
The Award, Remedies and Post Award Process

The program will discuss best practices for drafting arbitration awards, arbitration remedies and post-award processes, including the confirmation of awards and actions to set aside arbitration awards.
 
Speakers:

  • Mark C. Morril, Arbitrator and Mediator
  • Julissa Reynoso, Chadbourne & Parke
  • Stephen E. Smith, Sherman and Howard L.L.C
  • Rachel Thorn, Chadbourne & Parke

Register at the ABA Website Today

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December 8, 2015 - Part VI
Ethical Aspects to Consider
While Building an Arbitration Practice

Join two established arbitrators and two of the country’s leading ADR service providers as they give practical advice and insights to arbitrators interested in creating or expanding a successful arbitration practice while meeting ethical and disclosure obligations. The panel will offer business development ideas and best practices for arbitrators, and discuss ethical obligations that must be considered as you build your reputation and book of business. This is an essential course for all arbitrators who wish to market themselves successfully and ethically!

Speakers:

  • Serena Lee, American Arbitration Association
  • Gina Miller, JAMS - The Resolution Experts
  • Cathy Yanni, JAMS - The Resolution Experts
  • Gilda R. Turitz, Sideman & Bancroft LLP

Register at the ABA Website Today

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ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance
 
New Opinions Issued

SODR-2015-1 Addresses whether it is appropriate for a mediator to advertise that he mediated “the largest settlement in the history of [the] county”. Authority referenced is Model Standards of Conduct for Mediators, Standards II, V and VII (2005). Read the full opinion and analysis here

SODR-2015-2 Addresses whether a mediator must disclose to prospective parties that she has conducted a number of previous mediations for one of the parties (or its attorney) and what needs to be disclosed.  Authority referenced is Model Standards of Conduct for Mediators, Standards III and V (2005).  Read the full opinion and analysis here

SODR-2015-3 Addresses whether it is appropriate for a mediator to accept a referral fee from an attorney to whom the mediator referred a party after the case involving that party was unsuccessfully mediated by the mediator. Authority referenced is Model Standards of Conduct for Mediators 2005, Standards II, III, V, VIII. Read the full opinion and analysis here

 

 

 

 

We Remember
Mediator, Charles Booth, Esq.
Birmingham

Charles Booth, Esq.
Charles Booth, Esq.

Charles Booth was just the type of lawyer and mediator you’d like to work with on a regular basis. He was an active member of the Dispute Resolution Section, and was a committed mediator, with many donations of pro bono mediation time. We will miss him!

Charles Houser Booth, Jr.
April 2, 1943 - January 16, 2015
Charles Houser Booth, Jr., 71 of Mountain Brook, Alabama passed away Friday evening, January 16, 2015. He was a graduate of Birmingham Southern College and the Cumberland School of Law. He practiced law in the private and corporate sectors. Charles was a member of the Faculty at Birmingham School of Law. A distinguished member of the American Bar Association and the Alabama Bar Association, Charles was recognized as Mediator of the Year in 2011, among numerous other awards. He was a friend to many, and active in sports car clubs where he mentored many young drivers. Charles was a committed member of All Saints Episcopal Church.

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11th Annual Civil Collaborative Law Conference

September 16, 2015
Training In The “Basics Of Collaborative Law”

6.75 hours of Texas CLE credit,
of which 1.75 hours is ethics, pending

September 17-18, 2015
Civil Collaborative Law Conference

14 hours of Texas CLE credit,
of which 1.25 hours is ethics, pending

Dallas Bar Association
Belo Mansion
2101 Ross Avenue
Dallas, Texas 75201
 
For further information:
Brochure (pdf)
www.collaborativelaw.us
go to “Upcoming Events”

Call:
Sherrie Abney   --  972-417-7198
Melanie Atha   ---  205-716-5312
Anne Shuttee   --  214-237-2922
Luemara Wagner   --  512-536-0662

More Information
Brochure (pdf)

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George Kohlrieser
A hostage negotiator
teaches leadership through bonding

George KohlrieserGeorge Kohlrieser is a terrific negotiator! Watch this TEDX presentation...

This talk was given at a local TEDx event, produced independently of the TED Conferences. When someone has a gun to the head of another person, and wishes to do them harm, how can a negotiator talk them down?

Learn directly, from the man who has done it professionally. The answer is to become a Leader by bonding with the other individual, no matter how difficult they might be. The same techniques can be applied to negotiations in the boardroom, or with any other person who presents a difficult challenge.

View at http://www.georgekohlrieser.com/

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Association for Conflict Resolution
Annual Conference

Conference Ad

2015 Annual Conference
 
Early Bird Registration ends July 15th!

Register Today!

The Atlantis Casino Resort and Spa:
- A top rated location
- 4 full days of programming
- More than 75 interactive sessions
- Ambassador Pierre-Richard Propsper, Former US Ambassador-at Large
- 102+ Expert Speakers
- 400+ Colleagues and Friends

Go http://Reno.ACRnet.org
to learn more and to register.
Members use your user name and
password to get the member rate.

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A movie with a mediation and an arbitration?

Woman in GoldThat would be Woman in Gold
 
Starring Helen Mirren and Ryan Reynolds. 

The movie looks at a family portrait seized by Nazis, and a lawsuit to recover same.

http://www.imdb.com/title/tt2404425/

The artwork is now in the Neue Galerie in New York   http://www.neuegalerie.org/exhibitions/39 in a special exhibit, Gustav Klimt and Adele Bloch-Bauer: The Woman in Gold. Although the exhibition is only on view through September 7, 2015 the painting Portrait of Adele Bloch-Bauer I by Gustav Klimt is on permanent view at the Neue Galerie.

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Alabama Center for Dispute Resolution
PO Box 671, Montgomery, Alabama 36101  Voice: 334.269.0409 - Contact Information
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