Newsletter October 2001

ADR SECTION NEWS
Utah State Bar Alternate Dispute Resolution Section

Kent B. Scott, Chair (801) 531-7000
Judge Kenneth J. Rigtrup, Vice Chair (801) 466-5900
P. Keith Nelson, Secretary (801) 531-2000
Diane Hall Banks, Treasurer (801) 323-2202
Karin S. Hobbs, Immediate Past Chair (801) 983-1300
Suzanne K. Brown, Newsletter Editor (801) 299-1209

October 2001

Calendar of ADR Activities

Letter from the Chair

The ADR Section:
New Kid on the Block

The ADR Section of the Utah State Bar begins its third year with approximately 125 members. Its predecessor was the ADR Committee, chaired for several years by Hardin A. Whitney and finally by Laura M. Gray. In 1998 the Bar Commission authorized establishment of an ADR Section. In July 1999 the newly formed ADR Section began soliciting members and sponsoring monthly CLE programs and sessions at the Annual and Mid Year meetings. Our current Utah Bar President, Scott Daniels, served as liaison to the new section, and Karin S. Hobbs became its “Founding Mother.” Now a Bar Commissioner, Karin presently serves as the section’s liaison.

What is the ADR Section All About?

The primary focus of the ADR Section is to (1) provide programs that will teach lawyers ADR negotiation and advocacy skills, (2) support the state and federal judiciary in efforts to create and maintain the integrity of ADR programs, and (3) protect the public interest in our system of justice in ADR-related matters.

Alternate dispute resolution is not new to lawyers. Historically, the vast majority of claims and controversies brought to lawyers were resolved, either through prevention, negotiation, or counseling. Hence, the term “counselor at law” defines who we are and what we do. Recently our legal system has formalized the alternate ways in which disputes are resolved. We now have court-annexed ADR systems, private ADR providers, and attorneys and clients who provide for various ADR options in their contracts. ADR has many forms: negotiation, arbitration, mediation, early neutral evaluation, dispute resolution boards, summary trials—the list goes on.

Monthly Programs

The ADR Section is working with other sections of the Utah State Bar—notably the Litigation, Real Property, Employment, Family, Construction, Business, Estate Planning and Young Lawyers Sections—to develop and present programs that teach ADR negotiation and advocacy skills to their members.

Annual & Mid-Year Programs

At the Annual and Mid Year meetings, the ADR Section will continue to present breakout sessions, designed to benefit both judges and lawyers. Karin Hobbs is working with the Mid Year Meeting Committee, and Keith Nelson is working with the Annual Meeting Committee.

Publications

Diane Banks has undertaken the responsibility of encouraging members of the Bar, including members of the state and federal judiciary, to publish articles about important ADR topics in the Utah Bar Journal and on the ADR Section’s website. A number of section members have a wealth of knowledge to share. If you are interested in having an article published, or if you want to suggest a topic for an article, please contact Diane at dbanks@fabianlaw.com.

ADR Section Website

The ADR Section has a website at www.utahbar.org/sites/adr. The main objective of this website is to provide a library of statutes, rules, court decisions, and articles affecting ADR practice. We are considering posting a roster of neutral’s names and resumes, for those seeking a neutral to review. In addition, the website will be a mentoring device, where attorneys’ questions and concerns can be addressed by experienced ADR section members.

Judicial & Legislative Relations

The ADR Section will continue to work with the state and federal judiciary and the Utah State Legislature to provide input on ADR issues. Judge Kenneth Rigtrup and Karin Hobbs are working with Judge Ron Nehring to develop programs for the state judiciary. Robert F. Babcock and Kent B. Scott continue to work with the state legislature, together with Commissioner David R. Bird who chairs the Utah Bar Government Relations Committee. We will be asked to comment on proposed legislation regarding court-annexed ADR programs, mediator certification, and adoption of the Uniform Mediation and Revised Uniform Arbitration Acts.

Peter W. Billings Sr. Award

The Peter W. Billings Sr. Award was established in 1996 under the sponsorship of the American Arbitration Association. The award is given annually to the person or organization that has done the most to further development of the dispute resolution process. The Peter W. Billings Sr. family gave the ADR Section permission to sponsor this award, and Peter W. Billings Jr. has undertaken the responsibility to chair the Award Committee. Nominations for this award should be sent to pbillings@fabianlaw.com.

This year’s Peter W. Billings Sr. Award was presented to Hardin A. Whitney at the Utah State Bar Annual Meeting. Din was selected for his leadership in advancing ADR in the legal profession and community over the past two decades. Prior recipients of this award have been Peter W. Billings Sr., Professor Gerald Williams, Michael D. Zimmerman, and William Downes.

Community Relations

The Bar Commission gave us permission to accept as section members, individuals in the ADR community who are not attorneys. These “associate members” are accepted after review by the section’s Executive Committee. Leaders in the ADR community, such as Diane Hamilton and Michelle Hawes, have made invaluable contributions.

Former Chief Justice Michael D. Zimmerman is the current chair of the Utah Council on Conflict Resolution (UCCR). The ADR Section will continue to work with the UCCR to develop a partnership that will benefit both lawyers and the community at large. We will support the UCCR’s spring symposium and encourage all attorneys interested in ADR to attend.

Because law students represent the future of ADR, we have been pleased to provide judges and speakers for ADR activities and competitions at both the University of Utah College of Law and the J. Reuben Clark Law School at BYU.

A Call to Action!

Although the ADR Section is new to the legal community, it has experienced members who have advanced the principles and practice of ADR for many years.

Our section is growing rapidly—mirroring the experience of the ABA’s section on ADR. We encourage all members of the Utah State Bar to join us and learn more ADR negotiation and advocacy skills. We especially welcome members of the state and federal judiciary, as well as non-lawyer members of the ADR community.

I look forward to serving as the ADR Section Chair this year. Hope to see you at the ADR Academy, State Legislature, Mid Year and Annual Meetings, the UCCR’s 4th Annual ADR Symposium, or wherever the ADR journey may take us!

Kent B. Scott
Chair

ADR Academy:
Lawyering in ADR Processes

Patterned after the popular Trial Academy, the section’s ADR Academy will teach attorneys the fundamental advocacy skills involved in representing clients during mediation, negotiation or arbitration.

Each session will open with a live demonstration and will use attorneys, judges, mediators, group discussion, lectures and written materials to demonstrate skills used in the mediation and arbitration forums.

Faculty will include Nathan Alder, Diane Banks, Judge James Z. Davis of the Utah Court of Appeals, Robert Henderson, Deno G. Himonas, Karin S. Hobbs, James R. Holbrook, Kent B. Scott, Jeffrey L. Silvestrini, and Justice Michael J. Wilkins of the Utah Supreme Court.

Each session provides 1½ hours of CLE credit.

Part I. Negotiation
October 10, 2001

A live negotiation between Justice Michael J. Wilkins and Judge James Z. Davis will open the first session. Learn the types of negotiation, expert tips on negotiating, methods of examining your negotiation, and how to increase your effectiveness in negotiations.

Part II. Preparing to Mediate
November 14, 2001

Watch as attorneys prepare for mediation. How do they select a mediator and what materials do they prepare? How do they prepare themselves and their clients? Learn about mediation statements, pre-mediation calls, and other ways to maximize the benefits of mediation.

Part III. Ethical Issues in Mediation
December 12, 2001

This program will demonstrate various ethical dilemmas as they arise in mediation. What are the confidentiality minefields? What mandatory and voluntary disclosures are required? Who drafts the mediation agreement? What can an attorney do to avoid ethical issues in mediation?

Part IV. Tactics of Opening Statements in Mediation
January 9, 2002

A live mediation with two versions of opening statements will illustrate different tactics to use in opening statements. Topics will include: factors to consider, different and effective types of opening statements, and how language can be used effectively in opening statements.

Part V. Advocacy in Private Caucuses & Facilitating Resolution
March 6, 2002

Attorneys will engage in a private caucus and will show the tools used to move toward resolution, including strategic information management, dealing with difficult clients, using the mediator, and reality checking.

Part VI. Arbitration
April 10, 2002

Learn the differences between arbitration and litigation. What should you include and avoid in arbitration clauses? How do you choose an arbitrator and how do you prepare? How can you streamline your case? What are the pitfalls to avoid? How is an award enforced? What are your rights of appeal?

Registration for ADR Academy

Entire Six Part Series:

$150.00--Young Lawyers Division
$200.00--ADR Section Members
$250.00--Others
ADR Section Membership Dues $25.00 bar members/$35.00 others

Each Part individually: $30 for Young Lawyers, $40 for ADR Section members, & $50 for others

Part I Negotiation for Lawyers
Part II Preparing to Mediate
Part III Ethical Issues in Mediation
Part IV Tactics, Opening Statements
Part V Advocacy in Private Caucuses & Facilitating Resolution
Part VI Arbitration

Total Due: __________
Name: _________________________________
Bar Number: ____________________________
Address: _______________________________
City, State, Zip: _________________________
Phone: ______________Fax: _______________
Email: _________________________________
Credit card #____________________________
Exp. Date: ______________________________

Register online or access additional information at www.utahbar.org/cle, mail registration to Utah State Bar, CLE Department, 645 South 200 East, Salt Lake City, UT 84111, or fax to (801) 531-0660. Registration deadline for Six Part Series: October 5, 2001. All other sessions, advance registration recommended.

Would you like to serve on an ADR committee?

If you would like to work on one of the following committees, please call Kent at (801) 531-7000:

• ADR Academy
• Annual and Mid Year Meetings
• Monthly Luncheons
• Bar Journal Publications
• Newsletter
• Membership Drive
• Legislature
• Judicial Relations
• Website Development

If you would like to participate in an ADR Academy demonstration as an attorney or a mediator, or if you have ideas for an ADR-related CLE, please contact Karin at (801) 983-1300 or send e-mail: karinshobbs@utahadr.org.

Registration for ADR Section Membership

Yes, I would like to join the ADR Section of the Utah State Bar!

Name: _________________________________
Bar # __________ Phone # ________________
Dues: $25—lawyers $35—non-lawyers
complimentary—state & federal judiciary
Credit card #____________________________
Exp. Date: _____________________________

Mail your request, together with any applicable dues, to J. Arnold Birrell at Utah State Bar, 645 South 200 East, Salt Lake City, Utah 84111-3834. (If you send a check, please write on it your bar number and “ADR Section.”)