July 18, 2017

July 2017 - Collaborative Law Edition

Submit a Program Proposal for the 2018 Spring Conference

"Dispute Resolution in Complex Times"

The historic 20th Annual ABA Section of Dispute Resolution Spring Conference will be held on April 4-7, 2018 at the Washington Hilton, Washington, D.C. Conference programs are scheduled from April 5-7 with pre-conference events to be held on April 4th.

The Section seeks preliminary program proposals for the approximately 90 educational and networking programs that will be scheduled during the four days of the event.

Program proposals are due by August 4, 2017 at 5 pm ET.

The 2017 Negotiation Institute
ABA Offices
October 7, 2017
Washington, D.C.

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

15th Annual Advanced Mediation and Advocacy Skills Institute
Straus Institute at Pepperdine School of Law
October 19-20, 2017
Malibu, CA

This two-day interactive institute features rare opportunities to learn from some of the leading mediators and advocates in North America. Each plenary session panel features an expert mediator, in-house counsel, and a skilled outside attorney, discussing each phase of the mediation process. Small group discussions led by experts in the field follow the plenary session panels.

The opportunity for mediators and advocates to interact in small facilitated groups provides a unique environment to enhance your skill, knowledge and understanding of the mediation process.

Practice Development Institute
ABA Chicago Headquarters
May 11-12, 2018
Chicago, IL

This two-day workshop on May 11-12, 2018 in Chicago, led by Forrest "Woody" Mosten, provides a practical model for implementing client-centered peacemaking strategies in your profession, including unbundled legal services and innovative dispute resolution tools.

Participants will learn new ways to help clients while staying out of court, and explore the personal and ethical dimensions of collaborative problem solving. Interdisciplinary practitioners will benefit from this training, including lawyers, mediators, mental health professionals, paralegals and financial professionals.

Collaborative Practice in Italy
By Marco Calabrese

Times were ripe for a change in family law in Italy when we set up the first Association for Collaborative Law in December 2009. Once a core group of us learned about Collaborative Practice, we realized it was a step in the direction Italy needed to preserve family relationships during and after divorce. It took us the next few years to set up a small, determined community of practitioners and to get a statute on Collaborative Law passed by the Parliament in 2014. Read More

Collaborating with the Age in Mind
By Anita Dorczak

We are all getting older. By 2050, 33% of the developed world’s population will be over 60 years old. In Canada, for the first time in history, we have more seniors (aged 65 and older) than 0-14 year old. In fact, Canadians 65+ now constitute 15.6% of the Canadian population. In the USA, about 14 – 15% of Americans are over 65 years old. The World Health Organization tells us that the world’s population is “rapidly ageing” and that “ageism” may now be more pervasive than sexism or racism. You might wonder what all of these statements may have to do with the collaborative practice? We will likely have more “older” clients and I do not think that the time will stop for us, the practitioners, either. Read More

Structured Negotiation: Collaborative Law’s First Cousin
By Lainey Feingold

Did you know that Collaborative Law has a first cousin?  It does. The relative’s name is Structured Negotiation and it was born from the blind community’s quest for independence in the early years of the Americans with Disabilities Act (ADA). Read More

A Bicycle Built for Two: Opportunities for Mediators in the Collaborative Process
By Lawrence R. Maxwell, Jr.

Disputing parties typically want to resolve their dispute quickly, control the outcome, avoid litigation and discovery battles, control costs and scheduling, maintain relationships, and avoid publicity. Mediation and the collaborative dispute resolution process (commonly known as “Collaborative Law”) are processes that parties can use to meet these goals. Read more

Collaborative Practice: Efficient Dispute Resolution for In-House Counsel
By Marc Sheridan and Anthony Markus

The ability of in-house counsel to resolve interpersonal conflict internally and externally is paramount. Nowadays, an in-house lawyer wears many hats, whether it is dealing with an HR issue, competing business needs among department heads, or cultivating relationships with outside vendors. The role of in-house counsel is becoming one of problem solver and business partner. Success will continue to be measured on his or her ability to resolve disputes efficiently and expeditiously. Read more

Uniform Collaborative Law Act — Spring 2017 Update
By Lawrence R. Maxwell, Jr. and Melanie Merkle Atha

In 2009, following a two-year drafting process, the Uniform Law Commission unanimously adopted the Uniform Collaborative Law Act. The stated purpose of the Uniform Collaborative Law Act is “to support the continued development and growth of collaborative law by making it a more uniform, accessible dispute resolution option for parties.” Read more

Want to join the Collaborative Law Committee for a teleconference, and see what we are all about? Please do! Our Committee meets via telephone conference every other month on the fourth Tuesday at 4:00 pm Central Tine. Our meetings for the remainder of 2017 will be as follows:

Tuesday, August 29 at 4:00 p.m. CDT
Tuesday, October 24 at 4:00 p.m. CST

We always begin our meetings with a short continuing education presentation on subject matter that is of interest to collaborative professionals and lawyers interested in learning about the collaborative process. Education is followed by a short business meeting, which is tailored to discussing the activity necessary to achieve our goals. Membership on our committee is FREE with your paid dues to the Section of Dispute Resolution, so please join us! All collaborative law committee members are also part of the committee’s list serve.

If you would like to join us on the June call, send an e-mail to Melanie Atha (mma@cabaniss.com) or Jeffrey Fink (jfink@jfinklawadr.com) and we will send you the meeting agenda and toll-free dial in information.

Did you know that Collaborative Practice is being used around the globe to resolve conflicts in all sorts of legal disputes outside the family law arena? In fact, seven of the sixteen jurisdictions which have enacted the Uniform Collaborative Law Act (“UCLA”) (Utah, Nevada, North Dakota, Maryland, Washington, Hawaii and Montana) have no limit as to the type of civil matters covered by the Act; and the Alabama UCLA covers estate, trust and probate matters as well as family law matters. Would you or your practice group, or state or local bar association like to know more about this?

Are you interested in getting Collaborative Practice training?

Download a list of trainings which are available across the country during 2017

D'Alemberte Raven Award

The Section's D'Alemberte-Raven Award is the Section's highest honor and was created to recognize outstanding service in dispute resolution.

This award was approved by the American Bar Association Board of Governors and was created to recognize outstanding service in dispute resolution. The award is usually presented in conjunction with the ABA Section of Dispute Resolution Spring Conference.
The Section of Dispute Resolution honors Robert D. Raven and Talbot D'Alemberte by using their names in the award title. Both hold the unique position of being both ABA Presidents and Dispute Resolution Chairs. Both guided the Section to be a leader in the dispute resolution arena: D'Alemberte as the first chair (1976-79) of the then ABA Special Committee on Resolution of Minor Disputes and Raven as the first chair (1993-94) of the ABA Section of Dispute Resolution.

Submit a Nomination for the D'Alemberte Raven Award

Lawyer as Problem Solver Award

The John W. Cooley Lawyer as Problem Solver Award recognizes individuals and organizations that use their problem-solving skills to forge creative solutions. The award is given to an individual member of the legal profession and/or institution who has exhibited extraordinary skill in either promoting the concept of the lawyer as problem-solver or resolving individual, institutional, community, state, national, or international problems.

Award recipients will be acknowledged for their use or promotion of collaboration, negotiation, mediation, counseling, decision-making, and problem-solving skills to help parties resolve a problem in a creative and novel way.

Submit a nomination for the Lawyer as Problem Solver Award

Award for Scholarly Work

The ABA Section of Dispute Resolution Award for Outstanding Scholarly Work honors individuals whose scholarship has significantly contributed to the dispute resolution field.

Nominations should address one or more of the following:

  • Nominee has authored a scholarly publication or a body of work exhibiting excellence in research, writing, and analysis.
  • Nominee has introduced new concepts in dispute resolution.
  • Nominee has embodied "scholarship in action" for a collective body of work that brings theory to practice in developing (for example) laws, uniform acts, codes of conduct, protocols, competitions, or new programs and services over a sustained period of time.

Submit a nomination for the Award for Outstanding Scholarly Work

If you are trained in Collaborative Law, or just interested in learning more about it, the Collaborative Law Committee wants YOU as a member! Membership in our Committee is free with your Dispute Resolution dues, so jump in!

Our mission of expanding the understanding and use of Collaborative Law is carried out through energetic member participation in our sub-committees and informative bimonthly conference calls.

Visit our Committee webpage to learn more about our work and how you can get involved, or contact one of us.

Melanie Merkle Atha
Birmingham, AL
(205) 716-5212

Jeffrey Fink
Wellesley, MA
(781) 237-0338

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The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or Section of Dispute Resolution unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.