October 31, 2017

October 2017 - Public Policy, Consensus Building, and Democracy Committee

Happy Mediation Week!

October 16-21 is Mediation Week. With the leadership of John Hurst of Arlington, Virginia, and the help of many others around the country, we have been coordinating and encouraging Mediation Week events and activities throughout the nation, from Plano to Phoenix, from Cambridge to Cheyenne.

-From the Mediation Committe Chairs

15th Annual ABA 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.

E-Discovery in Arbitration

CLE Webinar - October 25, 2017

E-discovery is playing a larger role in arbitration proceedings as well as the courts, and providers including the American Arbitration Association have created their own e-Neutral coding. What is e-discovery in arbitration? What are the different approaches courts and arbitral providers are taking? Learn practical tips for effective and efficient e-discovery in this 75-minute CLE webinar, “E-Discovery in Arbitration v. E-Discovery in Court.”

We are now starting the process of seeking sponsors, exhibitors, and advertising for the conference and ask for your help.

On behalf of the Section, I would be grateful if you, your institution, and/or your friends would make the extra effort to sponsor, exhibit or advertise for this special Spring Conference.

Please take a look at the Sponsor, Exhibiting, and Advertising Package that outlines the benefits of each level of sponsorship. Please consider sponsoring at the highest level possible for you for this special year.

-Benjamin G. Davis, Chair, Section of Dispute Resolution

Teaching Legal Ethics Through Collaborative Law
By Tommy Tobin

Students at Harvard Law School are studying legal ethics through the lens of collaborative law. Developed by David Hoffman, former Chair of the ABA Section of Dispute Resolution, the course is entitled “Legal Profession: Collaborative Law,” and it examines the ABA Model Rules of Professional Conduct in conjunction with collaborative law theory and practice. Read More

Settling Insured Claims in Mediation

CLE Webinar - November 8, 2017

How do insurance companies today really arrive at their internal evaluation of claims? How do they approach mediation of high frequency, low value claims? How does this change with low frequency, high value claims? What are the best prospects for settling before formal legal proceedings commence? Get realistic insights on these questions and much more from an expert panel with decades of experience settling a wide variety of insured claims—from single catastrophic injuries to mass disasters such as hurricanes. This 75-minute CLE webinar is a must for mediators and lawyers alike!

The Conference Chairs and DC 2018 Program Planning chairs are busy finalizing the agenda for the 2018 Conference, scheduled for April 4-7, 2018 at the Washington. Look for registration to open soon…

As the co-chairs of the Public Policy, Consensus Building, and Democracy Committee, we are excited to present this issue of the Just Resolutions e-newsletter. In this issue, our authors look at the topic of civil public discourse from a variety of perspectives. In 2011, due in large part to the work of the Section of Dispute Resolution, the ABA House of Delegates passed ABA Resolution 108, which provides information and an action framework for responding to our country’s civil public discourse challenges, challenges that have only become more pronounced since that time. We hope that this newsletter can further the discussion and provide new ideas for how we, as dispute resolution professionals, can take action and implement more informed and effective discourse in our work and our communities.

We hope you enjoy this issue. If you would like to continue this dialogue and explore ways to be involved in our committee’s efforts, please contact us.

Terry Amsler and Jessie Lawrence

Public Policy, Consensus Building, and Democracy Committee Co-Chairs

Civil Discourse Circles: The Time is Right Now
By Tracy Roberts and Leigh Ann Roberts

The 2016 presidential election has revealed and highlighted more polarization in our country than most of us can remember. A few key factors contributing to this “quick take” world appear to be social media and the 24-hour news cycle where one is expected to immediately be able to state their point of view and back it up with facts (or at least a clever meme). Attorneys and trusted advisors have been noticing this shift toward immediacy for several years - “here’s my problem, quick - what’s the answer?” Read more

Exploring Civility in a World Filled with Anger
By Jessie Lawrence

How do we become competent at dealing with anger? In particular, as dispute resolution practitioners, how do we become competent at dealing with public anger, the kind we see in so many contexts, from large public protests about national issues to small neighborhood meetings about local civic concerns? We are often the ones tasked with managing these disputes, and we so often seize the role with the goals of creating productive discussion and finding agreement and understanding. Read more

Mediating "Hot" Conflicts
By Larry Schooler

The subset of mediators or dispute resolution practitioners who wade into political disputes is small, and it’s no wonder – these conflicts can take months, or even years, to resolve, and involve more parties than can fit into a dinner party. Public policy conflicts can often affect thousands, if not millions, both among those who live in a given jurisdiction and those beyond it with an interest in the outcome. Read more

ABA Resolution 108: The Personal Challenge for Lawyers
By Richard C. Reuben

These are challenging times, especially for lawyers who are interested in conflict and dispute resolution. There is no shortage of conflict. But somehow, for some reason, our field has been much better about contributing to the resolution of disputes, especially in litigated cases, than it has been effective in addressing underlying social conflict. Indeed, for too long, we have not even been invited to the table of social conflict, much less played a meaningful role. Read more

Practice Civility Every Day
By Carolyn J. Lukensmeyer

One enduring image from the natural disasters that have hit the United States, is a line of people forming a human chain to reach those stuck in a car in deep water. No one cared about their political affiliation, where they worshipped or their country of origin. These people acted immediately to save the lives of perfect strangers — no questions asked. And while that image is ingrained it is only one of many that we all saw while people looked out for each other, reached out to each other and worked together for the whole community. Read more

The 2018 Arbitration Webinar Series Kicks off on November 8th

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 Events & CLE page.

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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.