June 14, 2016

June 2016 - Collaborative Law

Starting this month the Mediation Committee is hosting Reflective Mediation Practitioner Group calls. This will be your opportunity to call in and learn more about these ever more important professional resources for practitioners wishing to learn from and share with colleagues. Whether you are interested in how to set up your own local group, or wish to interact “long-distance”, our calls will strive to serve your needs and interests. Our goal is to support and be a resource for you.

Unsure of what a “Reflective Mediation Practitioner Group” can do for you? In a nutshell, so much of what we do as mediators consists of being attuned to other participants, parties and counsel. We don’t always pay enough attention – either in the moment or afterward – to our own experience of mediation. That can leave us feeling unsure of the impact we have had, for good or for ill, and uneasy about whether we have used our skills effectively. Reflective practitioner groups give mediators an opportunity to reflect on their practice in the company of insightful and supportive colleagues. Please join us, and let’s see where we can go together. By helping mediators, we help mediation, and those who benefit from the process.

Join the ABA Section of Dispute Resolution Mediation Committee to learn more about Reflective Mediation Practitioner Groups.

The Spring 2016 issue of Dispute Resolution Magazine is here! View the digital PDF version or visit the Spring 2016 website for individual articles.

 

 

The Section of Dispute Resolution’s Arbitration Committee has recently issued its first quarterly report. Join the Arbitration Committee to receive these quarterly updates from the committee.

Negotiation Institute
November 19, 2016
Washington, D.C.

Save the Date for the second annual ABA Section of Dispute Resolution Negotiation Institute to be held at the ABA offices in Washington. This hands-on training in legal bargaining skills is delivered by some of the country’s leading law and negotiation trainers. Registration will open soon.

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 ABA Section of 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. 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
mma@cabaniss.com


Melanie Merkle Atha

Lawrence R. Maxwell
Dallas, TX
lmaxwell@adr-attorney.com
Larry MAxwell

David A. Hoffman
Boston, MA
dhoffman@bostonlawcollaborative.com
David Hoffman

Conscious Uncoupling: Useful Tools for ADR Family Law Clients
By Lisa B. Forberg
Lisa B. Forberg

As dedicated practitioners of the Collaborative process and/or mediation for family law disputes, we are often frustrated by the fact that some clients who come to us for initial consultations are drawn into litigation by their spouse despite their own best efforts to use ADR. Read More

Beyond ADR: Integrative Law
By J. Kim Wright

J. Kim Wright

By the time I graduated from law school in 1989, I had decided that I never wanted to be a lawyer. I’d gone to law school with high hopes for making social change and helping people. You know: I wanted to do something like create peace in the Middle East or something as impressive. Interactions with my classmates and the legal system had dashed those hopes. I lost hope in the legal system and worked in the nonprofit world for a few years, running a domestic violence agency and working in an organization dedicated to ending hunger. Read More

Collaborative Law Strategies for the Insurance Defense Practice
By Dwayne J. Hermes and Erica R. Lay

Although collaborative law has traditionally only been utilized in the family law context, there are opportunities to adapt the collaborative law framework for an insurance defense practice. Read More

Expanding Collaborative Law Beyond Family
By Sherrie R. Abney

Sherrie R. Abney

Collaborative Law first found success in family disputes; however, it is now being applied in probate, medical error, employment, construction, insurance, GLBT, and business cases. Read More

Uniform Collaborative Law Act — Spring 2015 Update
By Lawrence R. Maxwell, Jr. and Melanie Merkle Atha
Larry MaxwellMelanie 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

Collaborative Statutes/Rules by Jurisdiction

For a list of Collaborative Statutes/Rules by Jurisdiction. Read More

Mission Statement

The mission of the Collaborative Law Committee of the ABA Section of Dispute Resolution is to expand the understanding and use of the Collaborative Law process nationally and internationally.

The Collaborative Law Committee:

  1. Educates the ABA, other members of the legal profession, law students and legal educators, other professionals, the judiciary, legislators, and the public about the practice and benefits of Collaborative Law;
  2. Expands the use of Collaborative Law in all areas of legal practice in the United States and internationally;
  3. Encourages ongoing education of collaborative practitioners to assure the highest level of competency;
  4. Explores the use of Collaborative Law with other dispute resolution processes;
  5. Encourages the enactment of Collaborative Law legislation in the United States and internationally, and monitors and advises the Section Council about developments in Collaborative Law, including legislation and ethical opinions;
  6. Encourages the diversity of practitioners in Collaborative Law;
  7. Encourages the expanded use of Collaborative Law in low and moderate-income disputes;
  8. Encourages the practice of Collaborative Law in diverse communities;
  9. Encourages and assists in developing courses on Collaborative Law in law schools, the addition of Collaborative Law competence in bar examinations, and the addition of Collaborative Law in continuing legal education programs; and
  10. Helps the Section build bridges to such organizations as the International Academy of Collaborative Professionals, the Global Collaborative Law Council, the Association of Family and Conciliation Courts, and other entities within the ABA, including the various Sections and the Standing Committee of the Delivery of Legal Services.

A summary of what’s going on in collaborative law across the globe.

What’s Going on in California?

Doug Rosner presented civil collaborative options for Estates and Trusts at a statewide conference in April, 2016 in Redwood, CA.

What’s Going on in North Carolina?

In April 2016, the recently formed Collaborative Law Committee of the Dispute Resolution Section of the North Carolina Bar Association planned and presented a two-day CIVIL collaborative training which was co-sponsored by the Construction Law Section of the NCBA. Thirty-eight attorneys attended, including the six members of the planning committee, who also formed the faculty for the training course. Three of these planners were trained and experienced collaborative family law attorneys (including Aida Doss Havel), two were construction attorneys who had not been trained in collaborative law but who wanted to bring collaborative practice to construction law disputes, and John Sarratt who is chair of the Collaborative Law Committee. Topics covered included the paradigm shift, interest-based negotiations, ethics, communication techniques, and how to build a collaborative law practice, with a particular twist towards construction practice. A lively hypothetical with fish-bowl demonstrations showed the attendees how actual collaborative conferences might look from start to finish.

The training received excellent reviews. Following the training, a group of North Carolina construction law attorneys who had been in attendance began planning to form a statewide practice group, whose first meeting was held in mid-May. The Collaborative Law Committee is now making plans for a similar two day training with an emphasis on employment law issues working with several labor and employment lawyers who attended the April training. Other future plans include collaborative training with a focus on additional areas of substantive law such as estate/fiduciary disputes and intellectual property disputes.

What’s Going on in Brazil?

In April, the Brazilian Bar Association’s Federal Council unanimously endorsed extrajudicial conflict resolution, including collaborative, to reduce costs and save time for parties in conflict. Recognizing the benefit of a more peaceful society which will result, the Brazilian Bar will encourage training of lawyers in collaboration, mediation and arbitration.

What’s Going on in Europe?

Marc Sheridan of New York presented, “Developing Your Collaborative Practice Beyond Divorce” on May 27 and 28 at the 5 European Collaborative Practice Conference.

What’s Going on in Florida?

Global Collaborative Law Council member Joryn Jenkins is offering a full day advanced collaborative training in Tampa on August 26, 2016.

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 CT. Our meetings for the remainder of 2016 will be as follows:

Tuesday, June 28 at 4:00 p.m. CDT

Tuesday, August 23 at 4:00 p.m. CDT

Tuesday, October 25 at 4:00 p.m. CDT

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 ABA Section of Dispute Resolution, so please join us!

If you would like to join us on the June call, send an e-mail to Melanie Atha or Larry Maxwell and we will send you the meeting agenda and toll-free dial in information.

The Collaborative Law Committee has a number of active subcommittees. Here is a list of current sub-committees:

Education Sub-committee
Vice Chair: Forrest “Woody” Mosten (CA)

  1. Educates the ABA, other members of the legal profession, law students and legal educators, other professionals, the judiciary, legislators, and the public about the practice and benefits of Collaborative Law;
  2. Encourages ongoing education of collaborative practitioners to assure the highest level of competency;
  3. Encourages and assists in developing courses on Collaborative Law in law schools, the addition of Collaborative Law competence in bar examinations, and the addition of Collaborative Law in continuing legal education programs;

Expanding Collaborative Practice Sub-committee
Vice Chair: Sherrie Abney (TX)

  1. Expands the use of Collaborative Law in all areas of legal practice in the United States and internationally;
  2. Explores the use of Collaborative Law in all areas of legal practice in the United States and internationally;
  3. Encourages the diversity of practitioners in Collaborative Law and the expanded use of Collaborative Law in low and moderate-income; and
  4. Encourages the practice of Collaborative Law in diverse communities.

Legislative Sub-committee
Vice Chair: Harry Tindall (TX)

  1. Encourages the enactment of Collaborative Law legislation in the United States and internationally, and monitors and advises the Section Council about developments in Collaborative Law, including legislation and ethical opinions.

Ethics Sub-committee
Vice Chair: Jeffrey Fink (MA)

  1. Encourages ongoing education of collaborative practitioners to assure the highest level of competency.

International Sub-committee
Vice Chair: Norman Solovay (NY)

Liaisons
IACP: Suzan Aiken (CA)
GCLC: Nora Bushfield (GA)

  1. Help the Section build bridges to such organizations as the International Academy of Collaborative Professionals, the Global Collaborative Law Council, and other entities within the ABA, including the various Sections and the Standing Committee of the Delivery of Legal Services.

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 fifteen 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? Read more

Mediation Institute
October 6-7, 2016
Phoenix, AZ

Save the date for the 14th Annual Advanced Mediation & Advocacy Skills Institute to be held at the  Arizona Center for Law and Society, new home to ASU's Sandra Day O'Connor College of Law.

This two-day interactive institute features rare opportunities to learn from leading mediators and advocates. 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. Registration will open soon.

USC-JAMS Arbitration Institute

The USC-JAMS Arbitration Institute is hosting a week long "Advanced Professional Arbitration Institute" August 8-12 on the USC Gould School of Law campus in Los Angeles, California.  Designed for early career arbitrators or those who desire to refresh their skills, as well as for arbitration advocates, the Institute provides an opportunity to study in depth the arbitration process and best practices in the conduct of complex commercial and consumer arbitrations. The faculty of highly experienced and respected arbitrators and advocates will conduct highly interactive sessions intended to improve your knowledge of arbitration law and procedure and your skill in handling the difficult and sometimes subtle issues that may arise in the course of an arbitration.  Members of the ABA Section of Dispute Resolution are eligible for the group discount ($500 off the full price).

More information

We have put many of the pictures from the Spring Conference in New York our Flickr feed. Visit the Section's Flickr and view some of the conference highlights.