January 31, 2019 Just Resolutions Newsletter

January 2019

In late 2017, the ABA Section of Dispute Resolution launched the Relational Practices Task Force, devoted to fostering a paradigm shift from a transactional ethic to a relational ethic.

Relational practices not only improve the quality of interaction, especially difficult interactions, but they create well-being, increase work satisfaction and client satisfaction. Such approaches allow practitioners to care for themselves and to more competently and effectively serve their clients, the legal system, and the public interest.

In this edition of the Just Resolutions Newsletter, we have included an article about our Task Force’s monthly Zoom calls. Our February call will feature author, Dr. Donna Hicks, who wrote Dignity: Its Essential Role in Resolving Conflict. The article includes a schedule of upcoming calls and information about registering for the free series.

In I can Relate, Louise writes about an opportunity to consider whether you will be relational or transactional in the New Year. In her article, In Pursuit of Lawyer Happiness and Well-Being, the Impossible Journey? Kim ponders being a lawyer and being happy and well, an inquiry informed and instigated by the Integrated Lawyer conference in San Francisco earlier in the month.

On behalf of our entire Relational Practices Task Force, we wish you all a happy, healthy, and prosperous 2019.

J. Kim Wright and Louise Phipps Senft
Co-Chairs of the Relational Practices Task Force

Featured Articles from the Relational Practice Task Force

New Beginnings…Introducing and Welcoming Relational Advocacy
by Louise Phipps Senft

The choice to Be Relational™ or to be transactional is the fundamental question posed in Being Relational: The Seven Ways to Quality Interaction & Lasting Change, and is the perhaps the most piercing question for each of us to ask ourselves about our practices and about our lives as we embark on this new year. Read more

In Pursuit of Lawyer Happiness and Well-Being, the Impossible Journey?
by J. Kim Wright

By now, it is no secret that the stats about lawyer well-being are not encouraging. When I became a lawyer in 1989, there were already conversations about a crisis in the legal profession. Lawyers experience high rates of depression and alcohol and drug addiction. The profession has a high rate of suicide. Occasionally the stats become headlines. A New York Times article exposed the crisis to the public through the story of the death of a lawyer with drug addiction in 2017. Research in other countries have produced similar results. You are probably already aware of the problems. You’ve heard all of this before. Despite overwhelming evidence, change comes slowly. Read More

Relational Practices Taskforce Hosts Monthly Live Video Conference

February’s program includes a talk with Dr. Donna Hicks, author of the book, Dignity: It’s Essential Role in Resolving Conflict, and a reflection led by Nicolle Kopping-Pavars. Read more and learn how you can register.

Dispute Resolution Magazine in Digital

Dispute Resolution Magazine is distributed in digital format to all Section of Dispute Resolution members. Lawyer and Associate members may opt-in to a print version. To receive a print copy of the Spring 2019 issue of Dispute Resolution Magazine, opt-in at myaba.org before March 1, 2019.

If you have any difficulties with MyABA or with logging in to the new ABA website, call the ABA Service Center at 1-800-285-2221, or call the Section of Dispute Resolution staff at 202-662-1680. You can also reach Gina Viola Brown, the editor of Dispute Resolution Magazine, at gina.brown@americanbar.org or 202-212-9314.

The Fall 2018 issue of Dispute Resolution Magazine is currently available. Look for the Winter 2019 issue to arrive in your inbox soon.

Transatlantic Reflections on the Power of Technology for Inclusion

February 22, 2019
1:30-4:30 PM
Washington, DC

Join Gary C. Norman, a distinguished alumnus of the Marshall Memorial Fellowship and a lawyer with a disability, in a coffee conversation with experts on the impact of technology -- in either building or eroding diversity, inclusion and civil rights -- in the Transatlantic partner nations. Learn more

Upcoming Section Events

Negotiation Institute

February 15, 2019
Hotel Coronado
San Diego, CA

Turn your negotiation instincts into negotiation skills. Learn from Professor Charles G. Craver and other negotiation experts. This one-day Negotiation Institute will blend lectures with hands-on mock negotiations and mediations. Join us at the beautiful Hotel Del Coronado in San Diego, CA, to learn skills and insights that will enhance your daily practice.

There are only 60 seats available in this Institute. Ensure your spot today!

Considering a Career in the Field? This Discussion Could Offer Answers
March 21, 2019
5 pm – 7 pm
Washington, DC

The Section of Dispute Resolution’s Mediation Committee will present a program on Mediation Career Strategies. In this program, sponsored by the ABA Dispute Resolution Section and the Young Lawyer and Law Student Subcommittee of our Mediation Committee, a panel of judges, private practitioners, academics, and public servants will share their experiences, insights, and advice on developing a career in mediation. The program will be held at Hunton Andrews Kurth in Washington, DC.

Please RSVP by March 8. Space is limited.

Dispute Resolution 2019 Spring Conference

April 10 – 13, 2019
Minneapolis, MN

Registration for the 2019 Spring Conference is now open. Registration information, the preliminary conference program, travel information, and other details are available at the conference website: ambar.org/spring2019.

11th Annual Arbitration Training Institute

May 16 – 17, 2019
Philadelphia, PA

The institute features panels of leading advocates and neutrals discussing each stage of the arbitral process, followed by small, facilitated discussions in which participants will have the opportunity to learn from each other’s experience. Sessions on employment, securities, health care, and international arbitration will focus on the particular issues of each substantive area. Experts on legal writing from the University of Pennsylvania will critique submitted awards, and two prominent Supreme Court advocates on arbitration law, Andrew Pincus of Mayer Brown and Deepak Gupta of Gupta Wessler, PLLC, will share insights about arguing arbitral law before the high court. 

Registration is now open. Dispute Resolution Section members’ early-bird rate, effective until April 18, is $525. Register online at ambar.org/arb2019.

Upcoming CLE Webinars

When Neutrality, Confidentiality and Ethics Collide:  Guidance for Mediators (CLE Webinar)
February 13, 2019

This webinar, moderated by California Mediators Kim Deck and Mitch Tarighatti, will dig deep into the territory where participants may be engaged in what mediators may consider unethical conduct, but, because of the constraints of confidentiality, cannot reveal to the other side. The two presenters will address the provocative issues that arise when mediators are constrained by the laws governing their conduct and are tempted to lose their neutrality to safeguard the process. 

Dispelling the Top Eight Myths of Arbitration (CLE Webinar)
February 28, 2019

Myths about arbitration persist because, unlike court, arbitrations are usually private. The proceedings, hearings, and awards are not typically open to public viewing or comment. Some common myths are: “arbitrators always split the baby”; “there is no discovery in arbitration”; or “arbitration costs as much as litigation.” Statistical studies and provider rules disprove such notions. This webinar will discuss the facts which dispel common myths about arbitration. And it will show how attorneys and arbitrators can control the proceedings to enhance their effectiveness. The speakers include experienced arbitrators and a representative from a major provider organization. CLE credit will be offered.

Evaluative Mediation:  Methods, Risks, Ethics and Rewards (CLE Webinar)
March 13, 2019

The Hon. Michelle Rosenblatt, Hon. Jacqueline Connor, and Robert Mann will take an honest look at the extent to which participants appreciate evaluative mediation. As former Judges, Judge Rosenblatt and Judge Connor have plenty of experience from which to draw in evaluating litigated cases. The question remains, however, as to how they evaluate in mediation: is it based upon their guess as to what a Judge or jury would do, or based solely upon what they believe can resolve the case based upon what they learn throughout the mediation?

Member Benefit Webinar

Free for Members of the ABA Section of Dispute Resolution

ODR GROWS UP: An Introduction to Intelligent Dispute Resolution
February 6, 2019

This session is an introduction to Intelligent Dispute Resolution (IDR) technologies and how this new category of technology can be used to minimize conflict and enhance civility in different complex relationship settings, particularly in the case of separated, divorced and never-married couples who are co-parenting children. Participants will gain an understanding of the historical evolution of ODR to IDR, demographic changes influencing technology adoption and how private practitioners can begin to capitalize on IDR technologies.

Other Dispute Resolution Events

25th Annual Northwest Dispute Resolution Conference
Thursday, March 28, 2019 from 10:30 am to 5:15 pm.
Friday, March 29, 2019 from 9:00 am to 3:30 pm.

The 25th Annual Northwest Dispute Resolution Conference will be held on March 28 and 29, 2019, at the University of Washington School of Law in Seattle. It features a wide variety of dispute resolution topics in more than 45 sessions covering communication and negotiation skill for neutrals and advocates. Speakers include Bruce Edwards, Gary Friedman, Ken Cloke, Bob Stains, and Nina Meierding.