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Dispute Resolution Magazine

September 2024

Letter from the Chair: Final Reflections: Key Milestones in Our Section's Journey

Ana M Sambold

Summary

  • The ABA Section of Dispute Resolution has reached significant milestones, including its creation in 1993, the launch of Dispute Resolution Magazine in 1994, and the first Annual Spring Conference in 1999.
  • Key policy achievements include the 2002 ABA Resolution clarifying mediation is not the practice of law, and the Model Standards of Conduct for Mediators, revised in 2005, which guide ethical practices in the field.
  • The Section has advanced diversity initiatives, launched tech resources during the pandemic, and looks forward to the inaugural Practice Development Institute in 2024, all while fostering community through inclusive event
Letter from the Chair: Final Reflections: Key Milestones in Our Section's Journey
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This issue of our magazine celebrates the history of mediation, presenting a perfect opportunity to highlight some of the most significant milestones in the history of our Dispute Resolution Section. Among many, I've selected these for special mention:

In 1993, the ABA Section of Dispute Resolution was created by the ABA House of Delegates born from ABA Special Committee on Resolution of Minor Disputes and chaired by former ABA President Robert D. Raven.

In 1994, the same year that Ruth Bader Ginsburg was sworn in as United States Supreme Court Justice, our Section launched this prestigious Dispute Resolution Magazine. The research and publications featured in the magazine have contributed valuable insights and knowledge to our field.

In 1999, the First Annual Section Spring Conference was held at the Park Plaza Hotel in Boston, Massachusetts during ABA Board of Governors Liaison Pam Enslen’s term as Section chair.

In 2002, our Section drafted the ABA Resolution clarifying that mediation does not constitute the practice of law. This resolution stands as one of the most impactful and significant policy statements within the industry. It also alleviated concerns and uncertainty regarding the ability of non-lawyers to practice mediation, especially within court-attached ADR Programs, and has enabled the ADR field to flourish, welcoming practitioners from diverse backgrounds and experiences.

The ABA Code of Ethics for Arbitrators in Commercial Disputes and the Model Standards of Conduct for Mediators are also influential policies and standards. The ABA Code of Ethics for Arbitrators sets forth generally accepted standards of ethical conduct, guiding arbitrators and parties in commercial disputes and contributing to high standards and continued confidence in the arbitration process. Originally prepared in 1977 through a joint effort between the American Arbitration Association and the ABA, the Code was revised in 2003 and subsequently approved by the ABA House of Delegates on February 9, 2004.

The Model Standards of Conduct for Mediators were originally prepared in 1994 by the American Arbitration Association, the ABA, and the Association for Conflict Resolution. These standards have served as fundamental ethical guidelines for individuals mediating across various practice contexts. They fulfill three primary objectives: guiding mediator conduct, informing the parties involved in mediation, and enhancing public trust in the mediation process. A revised version of the Model Standards was approved by the ABA’s House of Delegates on August 9, 2005.

In 2020, during the height of the pandemic, our Section initiated a series of programs designed to provide our members and ADR professionals with the essential technology resources needed for a smooth transition to online settings including the first ever Dispute Resolution Tech Expo. Through these efforts, we trained thousands of professionals from all over the world, ensuring their effective adaptation to digital platforms.

Our Section's commitment to diversity, equity, and inclusion has been evidenced by the exceptional work of our Diversity and WIDR committees, along with Resolution 105. Approved by the ABA House of Delegates in February 2020, Resolution 105 stands as a pivotal achievement, spotlighting the diversity deficit within the ADR field and advocating for proactive change. As we continue to uphold these values in all our endeavors, I am especially proud to serve as the first Latina Chair in our Section’s history.

Our 2024 Spring Conference in San Diego marked the debut of a Practice Building Workshop, which drew such a large audience that it was standing room only. Simultaneously, this year's conference emphasized togetherness through an array of social activities, strengthening our bonds and uniting us as a community.

Looking ahead, the Section is excited to launch its first Practice Development Institute in September 2024. This transformative practice development event will equip professionals at every career stage with the tools, strategies, and insights to thrive in the dispute resolution field.

Finally, and most importantly, I want to thank YOU—Section members, leaders, staff, and Section Director for your dedication and support during my term as Chair. It has been the greatest honor to serve this community, and I look forward to seeing the continued growth and success of our mighty ABA Section of Dispute Resolution.

Since I'm writing this letter from South Africa, I would like to leave you with a quote from one of my local heroes here, Nelson Mandela. He once said, “What counts in life is not the mere fact that we have lived. It is what difference we have made to the lives of others that will determine the significance of the life we lead.”

In gratitude,

Ana Sambold 

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