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CURRENT ACTIVITIES - 1998

NEXT LUNCHEON MEETING TO DISCUSS ADR IN EMPLOYMENT - JUNE 2ND

Our next luncheon meeting will address the topic of ADR in employment disputes. The panel will consist of Katie Miller, advocate for employees and neutral, Preston Oade, advocate for employers, Breck Grover, Regional VP of the American Arbitration Association, and Frtiz Ihrig, arbitrator and mediator for employment and labor disputes. Van Elmore, arbitrator and mediator and past chair of the employment study group will moderate. The manual for the use of ADR in employment disputes, which was produced by our employment industry focus group, will be handed out. Mark your calendars for June 2nd at noon at the CBA Offices at 1900 Grant Street. (Please note that the date has been changed to June 2nd.)

GOVERNOR PROCLAIMS MAY AS MEDIATION MONTH

The Honorable Roy Romer Governor of the State of Colorado by Honorary proclamation has declared May to be "Mediation Month" for 1998.

NEW "CUSTODY" LEGISLATION ALLOWS MORE FLEXIBILITY IN PARENTING AGREEMENTS

House Bill 1183, Colorado's New Custody Legislation, has a very good chance of passage this term. Calling this a custody bill is a misnomer, in that the bill's purposes are to eliminate the word "custody", and to eradicate the win/lose battle waged over custody, from Colorado law.

Essentially, the bill requires all parents (either through their attorneys, pro se, or using ADR) to propose a parenting plan prior to the end of their "Parental Responsibilities" proceeding. If the parties do not present a plan to the Court, the Court must create a parenting plan.

The parenting plan must address decision-making authority and parenting time. Decision-making authority can be joint on all issues affecting the children, joint on some issues and sole on other issues, or sole to both parents on all issues. For example, Mom can have the sole right to make religious decisions; Dad can have sole right to make medical decisions, and education decisions can be made jointly.

The bill has few parameters governing parenting agreements between the parents, and those parameters are based on the best interests of the children. The bill promises much more flexibility for parents, ADR professionals and courts in minimizing the conflict between parents, and allowing a smooth transition from an in-tact family to mom's house, dad's house.

For more information regarding this bold new legislation, please contact Rep. Ken Gordon, 866-2967; Angela Arkin, 224-9000; Jane Irvine, 741-1292; Joan McWilliams, 830-0171; or Helen Schreves, 777-7833.

LONG RANGE PLANNING MEETING - MAY 8TH

There will be a long range planning meeting for our committee at 10:30 on May 8th at the CBA offices. This will precede the business meeting. If you have ideas or input on the direction of our committee for the future, please plan to attend. All sub-committee chairs are requested to attend.

WE WANT YOUR ADR CLAUSES!

The ADR Forum Committee is in the process of inputting information about ADR on the CBA ADR Web page. We would like to include suggested language for ADR clauses to be utilized in a variety of contracts and transactions. If you have any clauses which you have used, we would like to see them. Bill Baum will collect all the clauses. You can e-mail your clauses to him at WJBaum@OJRNR.com or Fax them to (303) 825-6525. Please send us your best! In May we will begin reviewing the clauses we receive in order to come up with a collective best set by July. So, don't delay. Send us your clauses today!

NEXT BUSINESS MEETING - MAY 8TH

The next CBA ADR Forum Committee business meeting will be held on May 8th at noon in the CBA offices. Please mark your calendars.

The subsequent business meeting will be held on June 5th. All of these meetings will be at noon at the CBA offices. The May meeting has been rescheduled for the 8th because of the ABA ADR meeting on May 1st.

Please note that all sub-committee chairs are requested to attend the Business Meetings in order to provide a report of activities. If the chairs can not attend, then another member of the subcommittee should attend the Business Meeting to make an in person report. In the event that no one can attend, then a written report should be submitted to our Chair, Sally Ortner, prior to the Business Meeting. Thanks.

SUB-COMMITTEES REPORT KEY ACTIVITIES

COLORADO LAWYER

Cindy Savage is writing an article on the Denver multi-door courthouse concept for the June issue. Richard Busch has submitted an article on "Designing Effective Conflict Management Systems". This article discusses ADR in relaton to large corporations which have government contracts. These two articles will be for our June and September, 1998 issues. Additional articles are needed for the January, March and June, 1999 columns. Please contact Lili Lehrburger 837-1001 for details regarding future articles. We need more articles, particularly regarding ADR in select substantive areas.

COLORADO PLEDGE SUB-COMMITTEE

The Colorado Pledge subcommittee is considering asking CFO's, CEOs, in house counsels and HR executives to attend a presentation on the general pros and cons of ADR. The Subcommittee is considering handing out the neutrals directory at that meeting. In addition, the Subcommittee intends to invite pledge members to our June 2nd luncheon meeting regarding ADR in employment.

CONVENTION

Work is in progress on our convention program. At present, a transactional theme is being considered for the 2.5-hour presentation.

ADR IN GOVERNMENT SUB-COMMITTEE

This Subcommittee meets on the last Friday of the month. (See contact info below for contacts.) The group is planning to draft ADR pamphlets for various state agencies to use. The Attorney General's Office is planning to educate the various agencies regarding their authority to use ADR. The Subcommittee is also talking with administrative judges concerning ADR use. In addition, it is looking at other states and the federal government to see what role ADR has in governments.

EDUCATION

The Education Subcommittee is coordinating the June 2nd topical luncheon on ADR in Employment. The Subcommittee is also seeking speakers interested in participation in the Speaker's Bureau. If interested, please complete the attached form and send to Shelia Somberg (See contact info below.) Please note that all speakers must attend a speaker's orientation, even if they have attended an orientation in the past. Upcoming orientations will be on April 24 and May 22 from 8:30 to 10:30 a.m. at the CBA offices. Please call Diane Hartman at 824-5312 to reserve your spot for this fun and informative training!

The next meeting of the Education Subcommittee will be Friday, June 5 at 10:30 a.m. at the CBA offices.

INDUSTRY FOCUS

REAL ESTATE

The Real Estate Commission is considering the following changes to ADR provisions in the standard contracts: 1. Adding arbitration as an alternative, which can be selected on the standard contract to purchase; 2. Removing the requirement that brokers attend the mediation.

The sub-committee plans to comment regarding the potential benefit of having the broker in attendance at the mediation.

EMPLOYMENT

The manual regarding the use of ADR in employment disputes, which was written by the Employment group, has been given to a contractor for printing and is scheduled to be finished in early May. The employment group will be represented on the panel for our next luncheon meeting on June 2nd.

ACTIVITES TO JOIN

The following activities and programs are available for you to join. Please contact the indicated chairs if you would like to participate.

Bar Convention - William J. Baum, 575-7548, Fax 825-8400

Members: Shelia Porter, Ed Dauer

Colorado Lawyer Column - Lillian Lehrburger, 837-1001, Fax 839-1031

Members: Susan Demidovich

Education/Topical Lunch - Co-Chair Susan Demidovich 696-0822, Co-Chair Sheila Somberg 376-9016, Fax 744-1880, E-Mail sheila@mediation-usa.com

Members: Christine Coates, Robert Smith,

Industry Focus Employment - Co-Chair Fritz Ihrig, 771-3690, Fax 771-1016, E-Mail fgihrig@aol.com and Co-Chair Van Elmore 659-7342, Fax 659-1051, E-Mail vel@rmi.net

Members: The employment industry focus group is a long-standing focus group. Over the course of several years, nearly 32 different individuals have assisted the group. Space does not permit listing all of these participants, however some of the active participants are: Breckenridge Grover, John Robinson, Lynn Feiger, Mike Severns, Preston Oade, Robert Steiert, Sheila Somberg, Stephen Snyder, Timothy Sparks and Valerie McNaughton

Industry Focus Health Care - Health Care - Ed Dauer, 871-6278, Fax 871-6001, E-Mail edauer@du.edu

Industry Focus Residential Real Estate - Lili Lehrburger, 837-1001, Fax 839-1031

Members: Richard Workman, Sally Ortner, George Hoffenbeck, Jr., Kent Levine, Mike Gorham

Legislative - Angela Arkin, 224-9100, Fax 224-9099 E-mail ararkin@aol.com

Members: Cindy Savage, Jane Irvine and S. Beth Boaby

Membership - Robin Amadei, 604-1960, Fax 604-6278

The Colorado Pledge - Merrill Shields, 866-3557, Fax 866-3955

Members: Deb Armbruster, Ginny Arnold, Allan Peryaam, Jeff Zelmanow, Bill Baum and Robin Amadei

Government ADR Task Force - Co-Chair - Richard Busch, 628-3338, Fax 628-3368 and Co-Chair - Merrill Shields, 866-3557, Fax 866-3955

Members: David Kaye, Valerie McNaughton, George Bentley and Jim Carr

Long Range Planning - Steve Mains, 444-6559, Fax 444-3997

Members: Officers, Past-Chairs, members at large, Sub-committee Chairs and others expressing interest.

Ad Hoc Transactional Law/ADR Group - Sally Ortner, 777-8005, Fax 778-7416

Members: Shelia Porter, Merrill Shields, Lili Lehrburger, Richard Busch II, Ed Gassman, George Hoffenfeck, Jr., David Sondheimer

MEMBERS OF THE CBA ADR FORUM COMMITTEE EXECUTIVE COUNCIL

Chair - Sally Ortner 777-8005, Fax 778-7416

Chair-Elect - Steve Mains 444-6559, Fax 444-3997

Past Chair - Thomas Brightwell 298-8250, Fax 298-8264

Secretary - Van Elmore 659-7342, Fax 659-1051, E-Mail vel@rmi.net

Members at Large - Cynthia Savage 837-3667, Fax 837-2340 and Bruce Campbell 825-8400