Message from the Chair
A new season is upon us, and it’s time to harvest some of the great ideas that were planted during the previous year. In response to the information gathered through the member survey in 2006, the ADR Section is focusing on ADR related CLE courses, and working to provide more information on important developments in the field.
On October 10th, the ADR Section and the Milwaukee Bar Association co-sponsored a lunch hour CLE at the Milwaukee Bar Association. Judge Gary Gerlach, Attorney Catherine LaFleur and Attorney Emile Banks were joined by Moderator and ADR Board Member Russell Ware for a discussion of hot topics related to mediation.
The ADR Section is also working with the State Bar’s Construction & Public Contract Law Section on a CLE program scheduled for November 14th, 2007 at the Radisson Milwaukee West. The program will introduce Wisconsin lawyers to construction law basics and ADR issues specific to construction law, and has the goal of developing a roster of construction dispute neutrals available to State Bar members online. More information is available on WisBar.org and in the September issue of the Wisconsin Lawyer magazine.
The section is also looking into the Uniform Mediation Act (UMA). In 2001, the UMA was drafted by the American Bar Association Section of Dispute Resolution and the National Conference of Commissioners on Uniform State Laws and was approved for consideration by the states in August, 2001. A primary purpose of the UMA is to ensure that mediation is privileged and confidential by providing cross jurisdictional uniformity. The ADR Section Board has organized a Uniform Mediation Act Study Group consisting of representatives with significant expertise and/or interest in the field of mediation to review the UMA and render a written recommendation as to whether or not adoption of the Act should be pursued in Wisconsin. The group met in August and September, and will be meeting again on November 8th. Representatives from the group will be making a presentation on the status of the analysis at the Wisconsin Association of Mediators Emerging Issues Conference on Friday, November 15th. For additional information, contact Kathy Baird, the chair of the Study Group.
Other plans for 2007 include, but are not limited to, reviewing the section bylaws; planning a session for the State Bar 2008 Annual Convention; and increasing section membership through new member recruitment strategies. The Board has a number of standing committees, including the BOG Committee, the UMA Committee, the Legislative Committee, the State Bar Programs Committee, the CLE Committee, and the Elections Committee It’s going to be a busy and productive year for the ADR Section – please contact me if you’re interested in serving on one of our standing committees or have any ideas for new initiatives for the section.
Enjoy the rest of autumn, and stayed tuned for more section activities to come.
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ADR Section July Board Meeting Activities
The following actions were taken at the July 12, 2007 ADR Section Board meeting.
Kathleen Baird is chairing a committee to evaluate the Uniform Mediation Act and whether it merits consideration in Wisconsin. An initial luncheon meeting of the committee is anticipated in early August.
Russ Ware reported on efforts to organize a noontime seminar presentation on October 10th at the Milwaukee Bar Center. The format will be a three person panel to discuss ADR topics of interest. Section members will be notified by email.
Emily Menn reported on efforts to set up a section BLOG with assistance from the State Bar of Wisconsin staff.
A committee was formed to review the section bylaws and suggest amendments if necessary.
Student Fall Essay Competition
State Bar of Wisconsin Dispute Resolution Writing Competition
Purpose: The purpose of the competition is to promote greater interest in and understanding of the field of dispute resolution among students enrolled in Wisconsin academic institutions.
Format: The essay may address any aspect of dispute resolution practice, theory or research that the contestant chooses. Essays are limited to 2-5 pages, including footnotes or endnotes. The text of the essay must be double-spaced, with twelve-point font and one-inch margins. Papers must be submitted in electronic format as either Microsoft Word or PDF documents.
First Prize: $100 and an invitation to publish in the State Bar of Wisconsin Alternative Dispute Resolution Section newsletter.
Deadline: Submissions are due to Emily Menn, Dispute Resolution Essay Competition Chair by December 15, 2007.
Cultivating the Counselor: Recent Cases and Articles
Local 15,
International Brotherhood of Electrical Workers,
AFL-CIO v. Excelon
Corporation, 2007 WL 2177965 (7th Cir., July 31,
2007).
Exelon Corporation implemented an
Automated Roster
Call Out
System (“ARCOS”) to summon employees
who are not already
working when an emergency arises. Local 15
objected to the
implementation of ARCOS, filed a grievance, and
the matter was submitted
to arbitration under the terms of the Collective
Bargaining Agreement
(“CBA”). The arbitrator ruled
for Exelon, concluding
it did not violate the CBA. Local 15 filed
suit in district court
to challenge the arbitration award and the court
dismissed for Local 15
failing to state a claim. On appeal, the
Seventh Circuit Court of
Appeals affirmed holding that the liberal notice
pleading standard
stands in contrast to the great deference accorded
to arbitration
awards.
AAA Files Amicus Curiae Brief Opposing
Expansion
of Judicial Review of Arbitral Awards
Sept. 17, 2007 – The American
Arbitration
Association
recently filed an amicus curiae brief urging
the United States Supreme Court to affirm the
decision
of the Ninth Circuit Court of Appeals in Hall
Street Associates LLC
v. Mattel Inc. , which held that the
Federal Arbitration Act (FAA)
does not permit parties to agree to expansive
judicial review of
arbitral awards.
Training and Networking Opportunities
Construction
Law and Alternative Dispute
Resolution CLE
Wednesday, November
14, 2007; Radisson Milwaukee West, 2303
N. Mayfair Rd., Wauwatosa, WI
Tuition: Nonmember:
$229; Member: $199
Credits: 7.5 CLE
Credits
State Bar of Wisconsin CLE Seminars will present a unique seminar that examines the basics of Wisconsin construction law and then takes you one step further to explore how arbitration techniques can help to settle disputes that arise for your construction clients ... and get their projects back on track. This seminar will be geared to those who wish to become ADR neutrals (arbitrators) in construction matters, but will also provide valuable insights to lawyer-advocates representing parties in construction disputes facing arbitration.
The featured speaker is attorney John W. Hinchey of the Atlanta firm of King & Spalding LLP. He has an international construction and arbitration practice and is the President Elect of the American College of Construction Lawyers.
Association of
Conflict Resolution National
Conference
Welcome to ACR's 7th Annual
Conference, Rethinking the
Table: People, Places, and Practices,
October 24-27, 2007, at the
Phoenix Convention Center/Hyatt Regency in
Phoenix,
Arizona.
Emerging Issues in Mediation Conference
Reaches
Out to Bar Members
The Wisconsin Association of
Mediators’ 16th
Annual
Emerging Issues in Mediation Conference will be
held Nov. 14-16, 2007 at
the Concourse Hotel in Madison. This
year’s conference is designed
to attract both attorneys who offer mediation
and arbitration services
as well as attorneys who represent clients in
mediation and arbitration.
A full program and registration information will
be posted on the WAM
Web site. A sample of
programs with special interest to attorneys is
listed below. CLE credits
will also be available.
To request a copy of the full conference brochure contact: Wisconsin Association of Mediators, (608) 848-1970 or email your request to wam@mailbag.com.
Sample Sessions with Special Interest to Attorneys:
-
The Use of Mediation in the Health Care Industry - A Promising Alternative for the Industry and for the Field of Mediation. Medical malpractice, patient safety, end-of-life issues, hospital/staff disputes, insurance coverage and pharmaceutical issues: is there a place at the table for mediation? Professor Matz will set the stage for this discussion by describing dispute resolution in health care from a national perspective. Local leaders in the health care industry will provide their insight into the local scene. This institute is a unique opportunity for members of the health care industry and the dispute resolution field to talk together about mutual interests and common concerns. Featuring David Matz, Director, Graduate Program in Dispute Resolution, University of Massachusetts, Boston, MA and Representatives from the Health Care Community.
-
Mediation in the Big Leagues - Conversations We All Want to Listen in On - What does it take to make it in the Big Leagues of Mediation? How does one develop a Big League reputation; acquire Big League clients and build a Big League Practice? Our Opening Session will provide an opportunity to listen in on a conversation between some of our field’s Big League players. While they will modestly decline this label, take it from WAM’s Program Committee; this is Star Power!! Moderator-Panelist: Howard Bellman, Madison, WI; David Matz, Director, Graduate Program in Dispute Resolution, University of Massachusetts, Boston, MA; Justice Janine Geske, (ret.), Adjunct Professor; Bill Hartgering, Esq. JAMS Mediator & Arbitrator, Chicago, IL.
-
Tips for Legal Counsel to Enhance the Table in Mediation. As courts order more trial-minded litigators and clients into mediation, attorneys find themselves in uncomfortable situations wondering how to best represent their clients’ interests and how to prepare for mediation. This session will provide bankable information to help advocates (and mediators) enhance the quality and effectiveness of the time at the table, whether mediation is voluntary or court ordered. Bill Hartgering founded JAMS (formerly ENDISPUTE) in 1982 and has mediated more than 1,000 cases in 40 states and foreign countries. And you can take that to the bank! Bill Hartgering, Esq. JAMS Mediator & Arbitrator, Chicago, IL.
-
Carter, Clinton and the Norwegians: An Insider’s Look at Three Efforts to Mediate the Israeli-Arab Conflict. David Matz will provide a close up look at the efforts of Jimmy Carter in 1979, the Norwegians in 1993 and Bill Clinton in 2000 to mediate the Israeli-Arab conflicts. This will be a fascinating look into personalities, preparations, problems, pitfalls, politics and more. These case studies will highlight the different mediation strategies, styles and outcomes. If you are a history buff, a political scientist or a mediator who enjoys a behind the scenes look, don’t miss this workshop! David Matz, Director, Graduate Program in Dispute Resolution, University of Massachusetts, Boston, MA.
-
12 Steps for Assessing Power Imbalances and 20 Strategic Techniques and Interventions. A thorough knowledge of the dynamics of power, its sources and origins, and its effect on negotiations is an essential skill for the effective mediator. This workshop will address how we can assess power distancesand imbalances and provide techniques and interventions to maximize each party’s capabilities without compromising our own neutrality as mediators. Nina Meierding, Adjunct Professor, Pepperdine University, Straus Institute on Dispute Resolution, Ventura, CA.
-
The Uniform Mediation Act in Wisconsin: A Status Report. The Board of Directors of the Alternative Dispute Resolution Section of the Wisconsin State Bar has organized a Uniform Mediation Act (UMA) Study Group consisting of individuals and organizations in Wisconsin with significant expertise and/or interest in the field of mediation. The Study Group’s mission is to review the UMA and provide a written recommendation as to whether or not adoption of the Act should be pursued in Wisconsin. This workshop will review the work of the Study Group and its evaluation of the UMA. Natalie Fleury, JD, Conflict Management Concepts, Wauwatosa, WI; Kathleen Baird, JD, Past Chair, Collaborative Family Law Counsel, Wauwatosa, WI; Howard S. Bellman, JD, Mediation & Arbitration, Madison, WI; Amy Koltz, JD, DeMars & Associates, Waukesha, WI.
Tenth Annual American Bar
Association Section of Dispute Resolution Spring
Conference
Save the date! April 3-5, 2008 at the Seattle Sheraton Hotel, Seattle,
Washington.
Dispute
Resolution News is published by the State Bar of
Wisconsin, 5302
Eastpark Blvd., Madison, WI, 53718-2101, www.wisbar.org/sections/adr,
(800) 728-7788.
