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Next Business Meeting Friday November 1, 2002


The next business meeting of the ADR Committee is scheduled for Friday November 1, 2002. Any and all interested persons are welcome to attend this meeting. Upcoming meetings continue to be held on the first Friday of each month. Mark the dates of the next meetings on your calendar - December 6 and February 7. There will not be a business meeting in January.



Next Topical Luncheon – November 13, 2002

The next Topical Luncheon is entitled, "Mediation Ethics."
Jim Hinga and Jim Stone will share their combined sixty years of litigation, trial and mediation experience by exploring the ethics of what lawyers can and can't do during mediation. The Topical Luncheon will be on Wednesday, November 13, 2002 from 12:00-1:30. One Ethics Credit has been applied for.


Topical Luncheons are held at the CBA CLE Offices at 1900 Grant Street, 3rd Floor, from noon to 1:30 p.m. The cost, which includes a box lunch, is $12.00 for members of the ADR Committee and $15.00 for all others. You may attend at no cost, if you do not want a lunch. To RSVP, please call Tessa Khan at (303) 860-1115 ( One CLE credit is available for each program. To become a speaker or to suggest topics for topical luncheons, contact Katy Miller at Miller and Steiert, PC (303) 798-2525, or at (303) 778-1523.


Mediation and the Unauthorized Practice of Law

As most of you are aware, the Regulation Counsel’s investigation into the unauthorized practice of law by a Jefferson County mediator has been voluntarily dismissed with practically no guidelines regarding what constitutes the unauthorized practice of law with respect to the drafting of settlement agreements by non-attorney mediators.

The CBA ADR Section has designated a 4 person sub-committee to work with the CBA Ethics Section to develop a position (and hopefully some guidelines) regarding Mediation and the Unauthorized Practice of Law. The Unauthorized Practice of Law Sub-committee consists of co-chairs Susan Demidovich, and Samuel Gordon with help from Mike Ruderman, and Cindy Savage. They are welcoming all input from those interested.



Do you want to contribute to this newsletter? Anyone who is interested in submitting material or editing please contact Patrick Kenney.


The Volunteer Court Mediation Project will hold a second organizational meeting on November 5, 2002 at noon at the CBA offices Ninth Floor. The organization is revamping and preparing for a new year of court annexed mediation with a new format. Last month’s meeting resulted in lots of new ideas for the rejuvenation and re-institution of the Project. Lunch will be provided and all persons interested in becoming a court mediator are invited to attend. To RSVP and to reserve a lunch please contact Tessa Khan at


UMA Task Force


In order to stimulate informed dialogue and perhaps arrive at a consensus regarding the UMA, judges, magistrates, litigators, ADR providers and community mediation providers have joined a Task Force on the UMA in Colorado. The next meeting of the Task Force will be on Tuesday November 12, 2002 at 3:00 p.m. at the CBA offices, 1900 Grant St. Ninth Floor. If you or your organization is interested in joining the Task Force contact Patrick Kenney,



ADR Column of The Colorado Lawyer

Two members of the ADR Committee, Roger Adams and Dr. Susan Cook have teamed up to draft a great article on mediation. Watch for this article in the December edition of The Colorado Lawyer. Jonathan Boonin and Jim Stone, co-editors of The Colorado Lawyer ADR Column remind you that they are accepting suitable articles for publication in The Colorado Lawyer and invite you to submit your work for publication. For information, or to submit an article, contact Jonathan or Jim.


DBA Presents Forty Hour Mediation Training

The DBA ADR Committee, in conjunction with Colorado CLE, will offer a forty-hour mediation training beginning in mid-February. The course is slated to he held every Tuesday and Thursday evening, for three hours per session, on five consecutive weeks. There will be two separate tracks, one for those interested in civil mediation and one for those interested in domestic mediation.


The first rate faculty teaching the course includes; Ken Sullivan, Steve Clymer, Helen Shreeves, and Arnie Swarts, all of whom are experts in their fields and respected ADR practitioners.


If you or someone you know is interested in taking the training, have them contact Miles Davies at (303) 733-2047 or at



Mediating Land Use Disputes


The Colorado Office of Smart Growth is cosponsoring a two day seminar on Mediating Land Use Disputes on November 7 and 8 in Denver. Tuition is $200 and information may be obtained at



Committees, Activities, and Programs to Join


Are you looking for a way to become more involved? The following sub-committees are available for you to join. Please contact the chair of any sub-committee if you would like to participate.


Bar Institute Sub-committee –


The Colorado Lawyer ADR Column


Education/Topical Lunch


Industry Focus Employment


Industry Focus Health Care




Newsletter Editor Pro Tem


Government ADR Task Force


Long Range Planning


Volunteer Court Mediation Project

CBA ADR Forum Committee Executive Council

CBA Chair

CBA Chair-Elect


DBA Chair

– Miles Davies (303)-796-0447,
– Eugene Osman, (303) 526-9279,
– William J. Baum, Jr. (970) 726-1523, Fax (970) 726-1525,
– Merrill Shields, 303-436-1930, Fax (303) 322-2288,
– Patrick Kenney, Executive Director (303) 757-5000,
- Susan Demidovich 303-695-0653, ext.111, Fax 303-695-6795,
– Chair, Jim Carr, 303-866-5283,
Patrick Kenney, 303-757-5000, Fax (303) 850-7168,
–Co-chairs, William J. Baum, 303-316-1523, Fax 303-316-1525,
– Chair Ed Dauer (303) 871-6278 Fax (303) 871-6001,
– Fritz Ihrig 303-526-1750, Fax 303-526-4241, l
– Chair, Kathryn E. Miller, Esq. Miller and Steiert, PC (303) 798-2525 and Susan Jennings 303-733-5916
– Co-chair, Jonathon Boonin, (303) 413-1111,; Co-chair Jim Stone, 303-534-1254,
Chair, William J. Baum, 303-316-1523, Fax 303-316-1525,



VCMP Status Report or Jim Tarpey, or (617) 661-3016 x


Speakers Discuss Everyday Mediation Problems

At the last Topical Luncheon on October 9, 2002, Jim Carr, Esq. and Patrick Kenney, Esq. led a discussion regarding concerns that litigators and mediators confront everyday. The topic was "Real World Problems for Litigators and Mediators under Existing and Proposed Law – Some practical problems of confidentiality, disclosure, nonparty participants, covered communications and waivers in mediation." A good mix of trial lawyers and mediators took part in the insightful and spirited discussion. For those who missed this luncheon, the program will be repeated at the first CCMO Denver Chapter meeting on November 12, 2002 from 6 p.m. to 8 p.m. at the Ross Cherry Creek Branch Library, 305 Milwaukee St. For information or reservations please Contact Melissa Rasmussen,