October 04, 2018

November 2017 - Women in Dispute Resolution

Copyright 2015© by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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.

                                                                                                         

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Edwards Mediation Academy- Annoucing our new Mediation skills course

Save the Date for April 4-7, 2018. Washington, DC

Registration is now open for the 20th Annual ABA Section of Dispute Resolution Spring Conference on April 4-7, 2018 at the Washington Hilton in Washington, DC!

Registration is now open for the 2017 – 2018 Representation in Mediation Competition for Law Students

The 19th Annual Representation in Mediation Regional Competitions will be scheduled for February and March of 2018. The Finals will be held in conjunction with the ABA Section of Dispute Resolution Spring Conference in April 2018 in Washington, DC.

Save the Date

May 17-18, 2018
Miami, FL

Save the Date

Practice Development Institute
June 22-23
Chicago, IL

The Dispute Resolution Section Publications Board, which is oversees the publications of books for the Section, is seeking section members to serve on the Publications Board and as Advisory Reviewers.

We are currently looking for up to four Board positions and up to ten positions as Advisory Reviewers. Descriptions of both roles are below. Interested applicants should submit a complete application no later than November 28, 2017.

We are seeking diverse applicants for both roles, including race, ethnicity, gender, sexual orientation, geographic areas, and practice areas.

For more information and to indicate your interest

The ABA Section of Dispute Resolution thanks all of the organizations that participated in 2017 Mediation Week Events: 

ADR Systems
Alabama Center for Dispute Resolution
Arizona Bankruptcy American Inn of Court
Association for Conflict Resolution Chicago Chapter
Association of Missouri Mediators
The CPR Institute
Center for Community Dialogue, a program of Our Family Services
Center for Conflict Resolution
California Lawyers for the Arts
Community Dispute Settlement Inc.
County of Los Angeles Department of Consumer and Business Affairs
The CPR Institute
Dispute Resolution Center of Montgomery County Inc. (DRC-MC)
Dispute Resolution Services of North Texas Inc.
Faulkner University Jones School of Law (Faulkner Law) Institute for Dispute resolution
ISBA Alternative Dispute Resolution
International Institute for Conflict Prevention & Resolution Inc.
JAMS (multiple locations)
Ku’ikahi Mediation Center
Loyola University Chicago School of Law
New York Unified Court System
King County Bar Association ADR Section
PhloxADR
Phoenix Strategies
Rutgers Law School
Sam Houston State University
SCBA Alternative Dispute Resolution Section
Southern California Mediation Association
University of Texas Arlington
Upchurch Watson White & Max Mediation Group
Virginia Mediation Network
Wyoming Agriculture & Natural Resources Mediation Program

Thank you to Mediation Week event hosts and sponsors!

Current listing of Mediation Week events and sponsors

The Northern Virginia Mediation Service (NVMS) is hiring for an Executive Director. A job announcement is available at https://nvms.us/opportunities/.

8 Common Mistakes Mediators Make When Trying to Generate Business

By Anna Rappaport

The mediation field is extraordinarily competitive. Where else does one compete with retired judges, Am Law 100 partners with 35 years’ experience, retired general counsel, not to mention innumerable smart and capable individuals who work for free for courts or otherwise? Many lawyers find mediation to be enjoyable and aligned with their values. Unfortunately, this has led the supply of mediation services to far outstrip demand, leading to the result that the market for mediators and arbitrators is comparable to that for entertainers and professional athletes. Read more

Ending Gender and Minority Bias in ADR Selection through Education

By Stephanie J. Ball

For too long, countless articles, reports, and surveys have been written and discussed addressing the inequality of women and other underrepresented groups of attorneys in Alternative Dispute Resolution (ADR). Although sincere, these reports have failed to move the needle in the continued disparity of gender and racial imbalance in the selection of neutrals in high-stakes, complex, commercial ADR cases. Read more

Measuring Mediation “Success:” Process Matters As Well As Results

By Gilda R. Turitz

We often talk about a mediation being “successful” because the case settled, or conversely that it “failed” because a full settlement was not achieved and at least some parties are continuing to fight.  Is a mediator successful solely by virtue of closure?  From the clients’ standpoint – both parties and counsel -  the result does not always simply equate to their complete satisfaction as to “success” or “failure” of the mediator and the mediation process. Read more.

Using Dispute Resolution Boards in Construction Projects in the United States and Indonesia

By Elizabeth A. Tippin

What does a road construction project in the United States have in common with a road construction project in Indonesia, a country composed of approximately 16,000 islands surrounded by the Indian Ocean? For starters, most road construction projects located in both countries use the Dispute Resolution Board (DRB) process to build good relationships, foster collaboration, improve communication, transform differences, and resolve disputes in real time while the project is being built, ultimately eliminating and reducing disputes that must be resolved by arbitration or litigation. Read more

Noah J. Hanft

Joan Stearns Johnsen recently interviewed Noah J. Hanft, President and CEO of CPR Institute, to learn about his career, how he developed an interest in conflict resolution, his thoughts and suggestions on diversity and inclusion in the profession, and current and future trends for ADR. Read more

See what WIDR members have been up to this past year!

We are growing our outreach efforts, with special recognition to three WIDR members playing key roles in this regard: Maureen Beyers, Vice Chair of WIDR and in charge of outreach; Patricia (Patty) Nolan as coordinator of WIDR’s regional chairs and regional efforts; and Nance Schick, our social media coordinator.

We are actively pursuing opportunities to attend important conferences and meetings of other ABA sections and state bar groups to further WIDR’s key missions and building meaningful coalitions to the mutual benefit of those who have need to hire neutrals and those who provide neutral services.  We will, for example, have a WIDR table at the upcoming ABA Women in Litigation Joint Conference in Philadelphia this coming November 15-17 – please attend this terrific meeting and stop by our table to say hello!

We also have a handy Recruitment Flyer that you can use to encourage members to join WIDR and to use WIDR resources, including the Directory of WIDR members.

WIDR also is publishing its updated 2017 Member Directory of ADR Practitioners, the third edition of this resource, which lists participating WIDR members with their ADR practice areas, description of type of practice, biographical information, website and social media links. Look for a WIDR member when you are in the position of retaining, suggesting or recommending a neutral. 

The 2018 Advanced Arbitration Webinar Series Kicks off on November 15

Deborah Masucci and her team have put together a great new six-part series of CLE webinars on arbitration practice that starts in November.  A major goal is to provide insights that will be useful to experienced arbitration practitioners as well as relative newcomers.

The first webinar —“What Every Arbitrator Needs to Know Before the Hearing: Ethics, Disclosure, and Sources of Authority”—premieres November 15 at 1pm Eastern Time.  Moderated by Gina Miller, the veteran panel also features Hon. Beverly Hodgson, Richard Posell, and Serena Lee.

Additional webinars are scheduled each month from December through April. A 20% package discount is available for people who preorder all upcoming webinars in the series. Registrants who miss the live program can instead watch a recording at their convenience “on demand.”

A former Section Chair, Deborah Masucci is also an appointed member of the Section’s Standing Committee on Webinars and Distance Learning. Besides Ms. Miller, moderators of programs in the series include Theodore Cheng, Philip Cottone, Laura Kaster, Mark Morril, and Serena Lee.

A list of all topics in the series can be found online at the Section Events & CLE page.

As the Co-Chairs of the Women in Dispute Resolution (WIDR) Committee, we proudly present WIDR’s sixth edition of the Just Resolutions Newsletter. Many thanks to our Newsletter editor Lara White for her hard work to publish this issue, as well as to all who submitted articles and other material. 

WIDR’s dual mission of raising awareness of diversity problems and identifying barriers in the DR field: Since WIDR’s inception in 2011, the committee has focused on raising awareness of the significant diversity problems in the dispute resolution profession and identifying barriers to women’s full participation in the field. In the July 2016 issue of Just Resolutions, we were pleased to recognize some of the efforts that institutional providers and other organizations had undertaken that also support these goals. WIDR has a continuing interest in monitoring these efforts and those of organizations supporting women’s advancement in legal fields in general, and welcome receiving information and resources from any reader who has an interest.

New Proposed ABA Resolution Concerning Diverse Neutrals: Within the ABA, we are proud to be spearheading a new Resolution for passage by the House of Delegates (HOD) to expand its 2016 prior passage of ABA Resolution 113 to include diverse neutrals. Resolution 113, urges providers of legal services, such as law firms and corporations, as well as clients, to create and expand opportunities for diverse attorneys. WIDR, with the collaboration of the Section’s Diversity Committee and support of leadership, has proposed modification to encourage providers of legal and neutral services to do the same in connection with diverse neutrals. We view this effort as a logical extension of the goals of Resolution 113 and Goal III of the ABA to increase diversity in the legal profession. (Please note that of course, we are proposing to cover all diverse neutrals, not just women!)

WIDR’s Monthly Telephonic Meetings with Guest Speakers: WIDR, through the coordination of our tireless member Anna Rappaport, has a guest speaker on topics of interest, on the first Friday of every month at 12 noon Eastern time for up to one hour. A short business meeting follows the speaker presentation. The upcoming presentations are listed on WIDR’s website and on its LinkedIn page.  We meet in person during the Section’s Annual Spring Conference.

We heartily invite all Section members interested in WIDR’s mission and activities to join, and we encourage all current and new WIDR members to actively participate in our networking, outreach projects and other initiatives. We thrive on the diversity of our membership to contribute to the conversation. Please join us!

Conna WeinerGilda Turitz

Gilda Turitz and Conna Weiner
WIDR Co-Chairs