OCTOBER 2010
IN THIS ISSUE
Greetings From the Chair
Wayne provides insights on how the Section is improving the quality of mediation practice. Calendar of Events
Upcoming Trainings, Teleconferences and Events
Learn more about upcoming training and CLE opportunities. Section News:
October is National Mediation Month
The Section’s National Mediation Month initiative is a celebration of the strides made in institutionalizing mediation as one of several appropriate dispute resolution processes. The objective is to promote the use of mediation and raise awareness about the benefits of the mediation process. National Mediation Month Toolkit
The Section has created an electronic toolkit that includes resources and sample materials for practitioners, organizations and bar associations to use to promote the use of mediation as well as enhance the quality of mediation practice. National Mediation Month Receptions
During the month of October special programs are being conducted across the country. Click on the link above for more information about each of the specific events and to RSVP to attend an event in your geographic area. National Mediation Month Events
Learn how the experts use social media as a free tool to market their practice. Participate in Cyberweek; create a video about mediation for a chance to win $1000. Focus on Your Practice
National Mediation Month Articles
Fulfilling the Function of Mediator and Giving Advice: What are implications for practice of mediation and practice of law?
You are a non-attorney mediator conducting a divorce mediation. The mediator states during the mediation: in marriages of short duration, courts in Virginia do not award spousal support. Is this legal advice or merely analytical input to assist the parties in making informed decisions? This thought provoking article discusses UPL implications and the tension between providing professional and ethical mediation services and simultaneously meeting the demands of clients. Internal Controls for Conflict
What do you do when your coworkers, or even supervisors, refuse to act in a mature, courteous manner? An internal Ombudsman office can provide a solution. This article addresses key factors to consider when creating and implementing an Ombudsman office. Ethics Corner - New Opinion Issued by Committee on Mediator Ethical Guidance
Is it appropriate for a mediator who is not a licensed attorney in the state in which he or she is conducting the mediation to prepare a child support worksheet based upon the information supplied by the parties? The Committee addressed this sticky dilemma in Opinion SODR-2010-2 . Law Student Corner
Register for the 2011 Representation in Mediation Competition: Work with senior practitioners on interesting projects. Get Involved, Join a Committee
Isn't it time for you to become more active with the Section of Dispute Resolution? If so, find out how.
Greetings From the Chair The ABA Dispute Resolution Section is the world’s largest organization of dispute resolution professionals and one of the largest sections in the ABA, and I believe we have a duty to our members, the legal profession, the courts and the public to pursue energetically two related goals: promoting the use of mediation and pursuing improved quality in its performance. Both will be important goals of mine in the year during which I have the privilege to serve as Chair of the Section. In pursuit of those goals the Section is conducting its inaugural National Mediation Month celebrations in nine different cities during October, 2010. With tremendously important help from (and many thanks to) our partners--state and local bar organizations and academic institutions and our local financial sponsors--these events were spread out from the Bahamas to Hawaii, and many points in between: Atlanta, GA; Columbia, MO; Missoula, MT; Nashville, TN; Richmond, VA; and San Francisco, CA. One of the special highlights is the celebration at the ABA office in Washington, DC, featuring the well known mediator and long-time friend of the Section, Ken Feinberg. We are also especially grateful to our Mediation Committee co-chairs, Geetha Ravindra and Inga Watkins, for their energy and creativity in organizing these events. The National Mediation Month Toolkit includes a fuller description of the events as well as a compilation of helpful resources for attorneys, mediators, arbitrators, educators, and the general public. Throughout the remainder of this bar year, we will continue to place particular emphasis on programs and activities intended to promote mediation and improve the quality of mediation practice, by mediators, parties and counsel alike, in all the many walks of life where we find mediation used—not only in the context of civil and family disputes, but also in disputes in the workplace, legislative and administrative settings, schools and universities, religious organizations, healthcare settings, and many other settings in which mediation has gained a foothold as a means of resolving and preventing conflict. To those ends I call your attention to some very high quality upcoming Section programming and publishing: R. Wayne Thorpe
Section Chair
Office: 404-588-0900
Email: wthorpe@jamsadr.com
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Calendar of Events Upcoming Trainings, Teleconferences and Events 8th Annual Advanced Mediation and Advocacy Skills Institute
November 11 - 12, 2010
Harbor Beach Marriott
Fort Lauderdale, FL
For more information, click here
Download the brochure, click here
Register online, click here
Arbitration Training Institute
February 23 - 26, 2011
Millennium Biltmore Hotel
Los Angeles, CA
For more information, click here
Register online, click here
13th Annual Spring Conference
April 13 - 16, 2011
Sheraton Downtown
Denver, CO
For more information, click here TELECONFERENCES
Can You Afford to Ignore Social Media?
How To Market Your Mediation Practice in 2010
October 21, 2010
12:00 - 1:15 PM Eastern Time
Download the registration form, click here
Register online, click here
Lie to Me
Secrets for Negotiators, Mediators, and Arbitrators
November 9, 2010
12:00 - 1:15 PM Eastern Time
Download the registration form, click here
Register online, click here To view all upcoming programs, including those co-sponsored by the Section, click here.
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Section News
The Section has created an electronic toolkit that includes resources and sample materials for practitioners, organizations and bar associations to use to promote the use of mediation as well as enhance the quality of mediation practice. National Mediation Month ReceptionsDuring the month of October special programs are being conducted across the country. For more information and to RSVP for a specific event, see the links provided under each city’s listing.
Washington , DC : October 27, 5:00-7:00 pm
Location: American Bar Association
Remarks by Kenneth Feinberg, Government-appointed administrator of the BP Deepwater Horizon Disaster Victim Compensation Fund
FOR MORE INFORMATION Nashville , TN : October 19, 2010, 5:00-7:00 pm
Location: Tennessee Bar Center
FOR MORE INFORMATION Richmond , VA : October 20, 2010, 6:30-8:30 pm
Location: T.C. Williams Law School
Remarks by Mark Rubin, Senior Advisor and Mediator for Governor Tim Kaine
FOR MORE INFORMATION New Providence , Bahamas : October 18, 2010
Location: The College of The Bahamas
The event theme is combating school violence through the use of conflict resolution mechanisms
For more information San Francisco , CA : October 21, 2010, 5:00-7:00 pm
Location: U.C. Hastings Skyroom
Remarks by Gary Weiner Mediation Program Administrator Court of Appeal
For more information Honolulu , HI : October 26, 2010, 5:00-6:30 pm
Location: The Plaza Club, Pioneer Plaza Building
The event will feature well-known speakers, a round table discussion and interactive audience participation. It will be followed by dinner and the opportunity for attendees to network and continue discussions.
For more information Atlanta , GA : October 28, 5:00-7:00 pm
Location: JAMS Offices, Atlanta
Remarks by R. Wayne Thorpe, Ray Chadwick and Bob Wedge
For more information Missoula , MT : October 20, 2010
Location: University of Montana School of Law
The full day event will include a workshop on calculating child support, a simulate mediation demonstration a seminar on Appellate Mediation and reception.
For more information
National Mediation Month Events Teleconference:
Can You Afford to Ignore Social Media?
How to Market Your Mediation Practice in 2010
October 21, 2010: 12:00 - 1:15 PM Eastern Time
Download the registration form or register online. 13th Annual Online Dispute Resolution Cyberweek
October 25 - 29, 2010 The Ethics committee is sponsoring an ethics writing competition and discussion thread raising ethical issues for online mediators during Cyberweek. To learn more, visit http://cyberweek2010.eventbrite.com Submit Your Entry to the Second Annual Mediation Video Contest on YouTube®
The Section seeks creative, thoughtful, original three-minute videos that demonstrate the mediation process and benefits of mediation. The Contest deadline is January 14, 2011. The goal of the competition is to further public understanding of mediation and to promote the use of mediation as a way to resolve disputes. The Contest is open to everyone. Employees of the
American Bar Association and their immediate family members are not eligible to participate.
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Focus on Your Practice Fulfilling the Function of Mediator and Giving Advice: What are implications for practice of mediation and practice of law?
By Geetha RavindraWhat are implications for practice of mediation and practice of law? Hypothetical: You are a non-attorney mediator conducting a divorce mediation. The parties have been married for three years and do not have children. Husband supported wife in her efforts to become a doctor. Wife finds a new man. The husband is seeking spousal support. The mediator states during the mediation: in marriages of short duration, courts in Virginia do not award spousal support. Is this legal advice or merely analytical input to assist the parties in making informed decisions? ****************************** Today, mediators around the country are facing the challenge of providing professional and ethical mediation services and simultaneously meeting the demands of clients who are often settlement driven. These two objectives are sometimes at odds with each other. Below is a discussion of issues related to the tension between these two objectives, focusing particularly on the area of giving legal advice and mediation. The Function of Mediator and Giving Advice The Commission on the Future of Virginia’s Judicial System determined approximately two decades ago that the judicial system should offer litigants an array of dispute resolution options to resolve conflict. This vision was realized with the creation of the Department of Dispute Resolution Services. The office decided to focus on mediation because unlike any other dispute resolution process, it allows the parties to a dispute to determine the best resolution for their conflict. It is also a process in which the neutral mediator has no authority or power to impose a decision on the disputants, making it clearly distinct from arbitration and adjudication. The Department determined early on in its mediator certification discussions that, as mediation is a facilitative process in which the mediator has no decision-making authority, it would not be necessary to require that court-connected mediators have a law degree, much less any formal degree. Furthermore, being a purely facilitative process, mediation training should focus on process skills, not substantive information. These process skills would enable a mediator to assist parties in the resolution of a dispute, regardless of the subject matter of the dispute, except for family cases. Thus, the requirements for certification include basic mediation training and a mentorship process. Mediation is defined in Section 8.01-576.4 of the Code of Virginia as a process in which a neutral facilitates communication between parties, and without deciding the issues or imposing a solution on the parties, enables them to understand and resolve their dispute. Changing Role of Mediator While this is briefly the ideology that led to the establishment of court-connected mediation in Virginia, the field of mediation has evolved both locally and nationally. A number of things have happened. - Although the training certified in Virginia teaches mediation in the facilitative model, many mediators vary in their style of mediation in actual practice from facilitative to evaluative. While these labels are not precise and have been the source of some controversy, for purposes of this article I will use the term “analytical” noted in the recent ABA Dispute Resolution Section’s Task Force on Mediator Improvement to describe techniques mediators apply to assess the strengths and weaknesses of the positions taken by participants in a mediated dispute. Analytical techniques may include providing parties with a personal evaluation regarding a contested matter when parties reach an impasse or when stronger reality testing would move parties towards settlement. Such an evaluation may be based on the law or on subject matter expertise.
- The entrance of more attorneys and former judges into the field of mediation has contributed to more analytical techniques being used in mediation. Often lawyers and former judges are selected because of their knowledge and familiarity with the legal system. They rely on their knowledge and experience to reality test with parties. Many mediators use analytical techniques in tandem with other mediation techniques. The degree of evaluation used by mediators varies according to the kind of case, the desires of the parties, and the skills of the mediator among other factors.
- In many cases, the parties come to a mediator solely because of her legal background and experience and insist upon analytical services, which include assessments of the value or outcome of the case, based on that expertise. These parties are most often represented by counsel.
- In a number of situations, particularly where parties are pro se, the mediator is in the position of providing the parties with legal information in order to ensure that they make informed decisions. That information is sometimes interpreted as advice and relied upon by the parties in making their decisions.
- In some situations, parties refuse to go to an attorney and expect the mediator to provide information and advice. The mediator provides in essence, one stop shopping in term of legal and mediation services.
- In an effort to be competitive, mediators who do not have sufficient knowledge or experience with the law, try to provide analytical services. The concern arises when the information or advice may be inaccurate and harmful to the parties, particularly where the parties are unrepresented.
Thus, the role of the mediator today may involve some degree of analytical services, largely due to the expectations of the market. Legal Information versus Advice The objective of the mediator who provides analytical services is to provide some information to aid the parties in making informed decisions and assist in the settlement process. The challenge is determining what information is useful, yet completely neutral and not perceived as legal advice. There are a number of ethical concerns related to mediators providing advice, but the truly critical concern facing mediators today is that by providing advice in the mediation context, a non-attorney mediator may be engaging in the unauthorized practice of law and an attorney-mediator may be engaged in unethical mediation practice as well as dual representation in violation of Rules of Professional Conduct for attorneys. In 1996, through a grant from the State Justice Institute, I had the opportunity to study the issue of mediation and UPL and to develop Guidelines to assist mediators in determining what activities in the mediation context may be deemed UPL. The inappropriateness of mediators giving legal advice in Virginia is addressed in Section 8.01-576.12 of the Code of Virginia. It explicitly states that a mediated agreement can be vacated if there is misconduct by the neutral. Misconduct includes failure of the neutral to inform the parties in writing at the beginning of the mediation that “(I) the neutral does not provide legal advice. In addition, the Standards of Ethics for certified Mediators echoes the statute that mediators may not give legal advice. Finally, the Virginia Rules of Professional Conduct state that a lawyer-mediator may not give legal advice while mediating. Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor. Under section 8.01-576.9, mediators enjoy civil immunity for any act or omission done or made while engaged in efforts to assist or facilitate a mediation unless the act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. Such immunity may not have been extended had the legislature been aware that the role of mediators would go beyond just facilitating discussion and include providing analytical services that could be taken as advice. In Virginia, practice of law is defined as: Supreme Court of Virginia Rule Part 6, § I (B)(1) states that an attorney-client relationship exists and one is deemed to be practicing law whenever “one undertakes for compensation, direct or indirect, to advise another, not his regular employer, in any matter involving the application of legal principles to facts or purposes or desires.” However, the rule does not prohibit giving legal information to disputing parties. Unfortunately, the term “legal advice” has not been precisely defined in Virginia in the mediation context. The UPL Committee of the VSB had never been asked to issue an opinion on this specific issue and the Joint ADR Committee did not expressly discuss this issue when drafting the Dispute Resolution Proceedings statute. Merely stating that mediators may not give legal advice is not instructive. It is clear that legal advice is prohibited, but what constitutes legal advice in the mediation context? Is reality testing or evaluation legal advice? Where is the line between legal information and legal advice? There are a variety of tests that courts use to define what the practice of law is, but the definitions were largely drafted before mediation became prevalent and they do not speak to the issue of the practice of law in the mediation context. As a result, through this grant, a Committee of judges, lawyers, mediators, and Ethics Counsel for the Virginia State Bar as well as the Chair of the Unauthorized Practice of Law Committee worked diligently with me to develop a test or guidelines by which legal advice could be more clearly defined in the mediation context. We discussed this issue for almost six months and had two fields of thought. One group believed strongly that unless there was truly an element of advising, urging, or counseling, then there is not legal advice. This is particularly true where the parties are represented as there is less danger that the parties will look to the mediator for counsel, there is no expectation of advice, and there cannot be an attorney-client relationship between the parties and the mediators as they already have attorneys. The parties’ lawyers present a buffer between any advice coming from the mediator and the parties. The other group believed that any time the law is applied to the specific facts of a situation and a conclusion or opinion communicated to the parties that constitute legal advice. This line of reasoning follows the application of law to fact test derived from the Supreme Court Rule on what constitutes the practice of law. This group of thought also believed while there was less chance of harm where the parties are represented, the action of applying law to fact by the mediator and stating an opinion or conclusion still constituted advice. The presence or non-presence of attorneys did not change that nature of the advice. Following months of discussion, the Committee developed a test to define when a statement would constitute legal advice in the mediation context. At a minimum, a mediator provides legal advice whenever, in the mediation context, he or she applies legal principles to facts in a manner that (1) in effect predicts a specific resolution of a legal issue or (2) directs, counsels, urges, or recommends a course of action by a disputant or disputants as a means of resolving a legal issue. As a starting point, the definition of legal advice outlined above includes the provision from UPL Rule Part 6, § I (B)(1) that requires the application of legal principles to facts. However, under the definition, the giving of “legal advice” also requires that one predict a specific resolution of a legal issue or direct the decision-making of a disputant. These components were included in the definition of legal advice for two reasons. First, an important aspect of a lawyer’s role is his or her ability to apply law to specific facts and predict how a court may rule on a particular legal question in order to influence a client’s actions. Thus, in the mediation context, the practice of law consists of more than merely evaluating legal issues, assessing strengths and weaknesses of positions, or discussing barriers to settlement, all of which may be permissible under both mediator ethics and the Virginia Rules. Rather, the Committee believed that mediators should not predict, the specific resolution of legal issues because such activity is part of a lawyer’s function as adviser and counselor and could give rise to an implicit lawyer/client relationship. Moreover, predicting the specific resolution of legal issues may be incompatible with the role of a neutral and is generally because it would interfere with the self-determination of the parties and the impartiality of the mediator. Moreover, the concept of directing, urging, or recommending was included as activities typically performed and expected of attorneys and thus embodied in the concept of giving legal advice that would be unauthorized practice of law and unethical mediation if performed by a mediator. With this background in mind, the following sections attempt to define the boundary between providing permissible legal information and providing impermissible legal advice. 1. A mediator may provide legal resource and procedural information to disputants. 2. A mediator may make statements declarative of the law in a general sense. Here again, the manner in which this information is provided, the purposes for which it is provided, and the expectations of the parties may transform an otherwise permissible statement into legal advice by essentially predicting the resolution of a legal issue relevant to the dispute at hand. Mediators who make statements declarative of the law must be competent to do so and must ensure that the statements are accurate. 3. A mediator may ask reality testing questions that raise legal issues, so long as those questions do not have the effect of predicting the specific resolution of legal issues or direct decision-making. 4. A mediator may inform the disputing parties about the mediator’s experiences with a particular type of court or type of case. Such information is regarded as empirical and does not attempt to predict the specific legal outcome of the matter. Good mediation practice would suggest that mediators avoid making case outcome predictions when relating empirical observations to the parties. Dangers in making even experience-based observations is that such predictions may also affect the parties self determination and create the perception that the mediator is biased. 5. A mediator may inform the parties about the enforceability of a mediated agreement. The mediator can and must inform the parties that by statute, a written mediated agreement is enforceable in the same manner as another written contract and may be part of an order entered by the court. Advising the parties beyond that threshold, i.e., regarding specific provisions in the agreement, may be legal advice. Advising the parties as to whether their particular agreement is enforceable as a valid contract is also inappropriate. 6. A mediator may not make specific predictions about the resolution of legal issues or direct the decision making of the any party. Lawyer-Mediator The Guidelines we apply equally to all certified mediators, regardless of training and licensure. The primary distinction that bar licensure raises is the source of discipline is different. Although an attorney qualified to practice law in Virginia and serving as a mediator could not be charged with the unauthorized practice of law for giving legal advice during mediation, the attorney mediator would violate mediator ethics and any resulting agreement could be challenged and set aside by a court on the ground of mediator misconduct. The attorney would also be subject to professional discipline by the State Bar for violation Rule 2.11 of the Virginia Rules of Professional Conduct which prohibit a lawyer from giving advice during a mediation. Finally, a lawyer who gives legal advice to one or both of the parties during mediation may have engaged in dual representation in violation of Rule 1.7. If a mediator who is not licensed to practice law, in fact engages in the practice of law while mediating, he or she is subject to the complaint procedures of OES as well as a violation of the statute (Section 54.1-3904) prohibiting UPL which is punishable as a Class 1misdemeanor. Evaluation is permitted to an extent in the Virginia Rules of Professional Conduct. The lawyer-mediator may offer an evaluation of, for example, strengths and weaknesses of positions, assess the value and cost of alternatives to settlement or assess the barriers to settlement (collectively referred to as evaluation) only if such evaluation is incidental to the facilitative role and does not interfere with the lawyer-mediator’s impartiality or the self-determination of the parties. Ethics Counsel for the State Bar has indicated that the presence of attorneys in the mediation will play a significant role in the analysis of any complaints made against attorney-mediators related to the provision of legal advice in mediation. Two issues that attorney-mediators should be aware of include 1)that attorney-mediators who provide advice in mediation may face malpractice liability if in fact what they say is determined to be legal advice and it is inaccurate or relied upon to the detriment of the party and 2)that attorneys have a national mediation practice and mediate in states where they are not licensed, it is important to learn whether mediation is deemed the practice of law in these states as UPL rules would govern lawyer-mediators who are not licensed. Conclusion Many of the potential problems with the unethical practice of mediation or the unauthorized practice of law addressed in this section rarely arise in everyday mediation. Mediators who adopt a facilitative approach to mediation will seldom find themselves in the position of questioning whether a particular statement may constitute legal advice. On the other hand, mediators whose style and practice tends more toward the analytical end of the mediation spectrum may need to consider more carefully whether the questions that they raise or the statements that they make during mediation are permissible legal information or impermissible legal advice.
Whatever approach to mediation they adopt, mediators must keep in mind that in order to avoid potential problems with unauthorized practice or with charges of misconduct, they should always inform the disputing parties in writing at the start of the mediation process that (1) mediators are prohibited from giving legal advice, (2) a settlement agreement may affect the legal rights of the parties, (3) the parties are encouraged to seek independent legal counsel, and (4) a mediated agreement should be reviewed by independent counsel before the parties sign the agreement. Complying with these Guidelines should help protect mediators in Virginia from allegations that they engaged in UPL, unethical mediation practice, or a violation of the Virginia Rules of Professional Conduct. Geetha Ravindra is an attorney, mediator, and trainer in Richmond, VA. She is an Adjunct Professor at the University of Richmond School of Law. She served as Director of the Department of Dispute Resolution Services at the Supreme Court of Virginia 1996-2007. Internal Controls for Conflict
By Dietrich BiedenfeHow is it that there is always a person who behaves in, to quote one Nancy Krpec, a “rude, crude, and socially unacceptable” manner entrenched, almost beyond reproach, at every place of employment? What do you do when your coworkers or supervisors refuse to act in a mature, courteous manner? Like most legal questions, the answer depends on the context. Human Resources (HR) is not necessarily an ideal solution. HR staff considering the best interests of your employer may undermine you if the matters you raise pose a substantial liability. More likely, they will act with haste and move possibly beyond what you think is reasonable. For example, if a supervisor uses excessive profanity you may want to get external suggestion to cease or just have documentation in case your boss hounds you about language. HR may worry that the offensive language creates a hostile workplace and seek to terminate. The recourse, or solution, is out of your hands. An internal Ombudsman office is an alternative that can provide the litigation barrier HR wants and also alleviate hostility from coworkers feared to result from a reputation of "finking" on peers (or more oversight of your actions as indirect retaliation). Before seeking any recourse, understand that communication is the foundation of any productive relationship. Respect is an integral part in interpreting information from the sender. Professionalism is a method of conveying respect and ensuring that the sender trusts the receiver to value his or her message. When we do not perceive the level of respect from an audience we feel is appropriate we can subconsciously discount the audience, causing a downward spiral or cycle of missed efforts. In creating and implementing an Ombudsman office several key factors to consider are: how will it be staffed, how will you protect confidentiality, and foremost, what role and authority will the office hold within your entity. An Ombudsman office might be best staffed with personnel from HR, legal, and administration on an ad hoc basis. The administration representative might best benefit the resolution or collaborative discussion process if (s)he is not intimately knowledgeable of the issue at hand but still has managerial capacity to add weight to any understandings reached.
The confidentiality protections are clearly examined in Charles Howard’s book, “ The Organizational Ombudsman.” This book provides a history of the evolution of the role of an organizational ombudsman, as it developed in universities, businesses, and the government since the 1960's. It explains why such a function is important for organizations in light of the demographic, technological, and globalization changes that have occurred in the past 40 years, and the pressures on organizations from developments in criminal law, employment law, and corporate governance and regulation. Using this resource, I have found information beyond the scope of any singly entity’s needs. In addition, many governments have online data and help in evaluating the authority of the Ombudsman role. For example, Australia created a national office to protect employers and employees. These foreign governments have much relevant data that can be applied to U.S. Ombudsman offices. Access to broader resources and exponential growth in communication between various divisions and people is facilitated by technology. A helpful characteristic of informal mediators, or coworkers who excel in smoothing ruffled feathers, is a bit of levity. An Ombudsman office can formalize these casual roles and facilitate mature discussion of potential and current conflict. We should all seek to exemplify the mediator's mantra of objectivity, calmness, and all friction easing attributes, and an Ombudsman office can help. Dietrich Biedenfe is a graduate of the University of Mississippi Lamar Law Center. Dietrich is currently employed with a local government in Texas, and the youngest person division-wide.
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Ethics Corner New Opinion Issued by Committee on Mediator Ethical Guidance
Is it appropriate for a mediator who is not a licensed attorney in the state in which he or she is conducting the mediation to prepare a child support worksheet based upon the information supplied by the parties? The Committee addressed this sticky dilemma in Opinion SODR-2010-2 .
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Law Student Corner Registration now open for the 2010-2011 Representation in Mediation Competition
The Section’s Representation in Mediation Competition provides law students the opportunity to role-play as advocates and clients in a mediation setting. The competition encourages students to model appropriate preparation for, and representation of, a client in mediation. Each team consists of two students. In each round of the competition one student plays the role of an attorney and the other plays the role of the client. The ten regional competitions are scheduled in late February or early March. The winners of the regional competitions are invited to compete at the National Finals in April 2011 in conjunction with the Section’s Spring Conference. Regional competition sites are filled on a first-come, first-served basis, after which teams are assigned to other regions based on availability. Priority for regional assignments is determined by the date the school’s registration form is received. Registration closes on January 28, 2011.
Register Here Work with Senior Practitioners
Greetings from your Section of Dispute Resolution Law Student Liaison. Are you interested in working with senior practitioners on some interesting projects this year? Many Dispute Resolution Section Committees are working on substantive projects and need help with writing and research. The work can be done remotely and through conference calls. This is a great opportunity to build your contacts and gain experience working with attorneys and practitioners. Soon we will be using Idealist.org as a means to post new things for students, but in the interim please contact me Vik Kapoor at vikramjkapoor@gmail.com. Thanks, and I look forward to working with you.
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Get Involved, Join a Committee Are you looking for opportunities to network with your peers? Do you want tips on how to improve and market your practice? Would you like to contribute to the development of ADR policy? The Section has over 30 committees that focus on interest areas – from practice development, arbitration, mediation and international ADR, to construction, ethics and healthcare.
Join a committee TODAY!! click here .
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