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Alternative Dispute Resolution Section Newsletter
DECEMBER 2003 MEETING AND CURRENT ACTIVITIES
Next Business Meeting Friday February 7, 2003 There will not be a business meeting in January. The next business meeting of the ADR Committee is scheduled for Friday February 7, 2003 at noon. Any and all interested persons are welcome to attend this meeting. Upcoming meetings continue to be held at noon on the first Friday of each month. Mark the dates of the next meetings on your calendar – March 7, April 4 and May 2. Next Topical Luncheon – January 8, 2003 The next Topical Luncheon is entitled, "The Unauthorized Practice of Law by a non-lawyer mediator – A case History." 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 (tkhan@cobar.org). 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, katym@m-s-lawyers.com.bill_baum@mail.skiwinterpark.com 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. 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 input from anyone who has an interest.
Newsletter Anyone interested in becoming the Editor of the CBA/DBA ADR Newsletter please contact Patrick Kenney or Merrill Shields.
The Court-Annexed Mediation Program, previously known as the Volunteer Court Mediation Project held its Christmas Luncheon and organizational meeting on Dec. 11th. About 20 mediators had a wonderful lunch arranged by Barb Martin and Tessa Khan. Our sincere thanks go to Barb and Tessa for a job well done. Great progress was made on the new improved program and a start date of January 13, 2003 was set. A Strong Case for Early ADR is made in December’s Colorado Lawyer Roger Adams and Dr. Susan L. Cook have teamed up to write what is destined to become known as a leading article on mediation. They consider the recent study of 1,730 Ohio mediated cases in light of the results of nineteen other studies, ("The Wissler Study") as well as last year’s study of our own Court Annexed Mediation Program. Their conclusion will challenge a long time assumption of most civil litigators, i.e. that meaningful settlement discussion must await the outcome of full blown discovery. "Traditional dispute resolution culture is dominated by a discovery first/talk later attitude. However, empirical evidence now exists and is convincing regarding the many advantages of early dispute assessment/mediation, in general civil litigation." The Case for Early ADR Intervention, 31 Colorado Lawyer 18 (Dec. 2002). Anyone dealing with mediation of civil cases will want to read this carefully written article, as well as The Wissler Study which can be found at 17:3 Ohio State J. on Disp. Res. 641(2002).
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 medyadr@aol.com.
Legislative Committee
Susan Jennings,
Industry Focus Employment
Regrettably, Fritz Ihrig, the long time Chair of the Industry Focus Employment Sub-committee, has tendered his resignation as Chair of the Sub-Committee. Fritz will continue to stay involved with ADR and employment matters. We thank him for his years of able service and the many Topical Luncheons that he arranged on Employment matters. The Committee wishes Fritz continued success in the future. Fritz has long been a mainstay of the ADR Committee and will be hard to replace. His contributions to the Committee will be greatly missed.
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
Legislative
Newsletter Editor Pro Tem –
Government ADR Task Force
Long Range Planning
Court-Annexed Mediation Program CBA ADR Forum Committee Executive Council CBA Chair CBA Chair-Elect Secretary DBA Chair – Miles Davies (303)-796-0447, – Eugene Osman, (303) 526-9279, – William J. Baum, Jr. (970) 726-1523, Fax (970) 726-1525, bill_baum@skiwinterpark.comosmanpc@aol.com.mdavies834@aol.com. – Merrill Shields, 303-436-1930, Fax (303) 322-2288, – Patrick Kenney, Executive Director (303) 757-5000, kenneylaw@aol.commerrillshie@aol.com – Chair, Susan Demidovich 303-695-0653, ext.111, Fax 303-695-6795, – Chair, Jim Carr, 303-866-5283, james.carr@state.co.usPatrick Kenney, 303-757-5000, Fax (303) 850-7168, kenneylaw@aol.com –Chair, William J. Baum, 303-316-1523, Fax 303-316-1525, – Chair Ed Dauer (303) 871-6278 Fax (303) 871-6001, edauer@mail.law.du.edu – Vacant – Chair, Kathryn E. Miller, Esq. Miller and Steiert, PC (303) 798-2525 katym@m-s-lawyers.combill_baum@mail.skiwinterpark.com.Sgdemid@aol.com – Co-chair, Jonathon Boonin, (303) 413-1111, jboonin@warren-boonin.com; Co-chair Jim Stone, 303-534-1254, jstone1672@aol.com Chair, William J. Baum, 303-316-1523, Fax 303-316-1525, who for more than two years has served admirably as the Chair of the Legislative Sub-Committee, for both the ADR Committee and CCMO, has resigned her post, because of the demands of her own mediation practice and her related commitments. Susan devoted enormous time to researching and tracking ADR legislation. We will miss Susan’s extensive input on legislative matters, and we look forward to her continued indispensable role as Program Administrator for the Court Annexed Mediation Project. Bill Baum will carry on as Chair of the Legislative Sub-Committee and will become the Chair of the ADR Committee next year.
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