text:
Dispute Resolution Section
Archived Meeting Minutes
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May 3, 2007 (8 a.m.)
The meeting was called to order at approximately 8 a.m. The agenda for the meeting is attached.
1. Attendance. Linda F. Close, John R. Schultz, Patrick Burns, Linda Mealey-Lohmann (by phone), Leslie Sinner McEvoy, and David A. Allgeyer.
2. Funding/Gifting Standards Report by Linda Close. Linda provided the Council with a draft of the Funding/Gifting Standards. A general discussion was had. The Council believes this is a good start. We suggested that we add some procedural guidelines for how gifts are requested and require that those receiving gifts provide reports of the activities accomplished with the funds. Linda will be working on a revised draft.
3. ADR Institute. The Tenth Annual ADR Institute will take place on October 19, 2007. There is a kick-off the evening of October 18. The Council would like to find a way to involve community mediators. A discussion was had as to whether it would be possible to have a discounted rate for volunteer mediators and a special rate or free attendance by students. We also discussed the possibility of scholarships. This will be discussed with MSBA in the coming weeks.
4. Bar Convention. The ADR Section will be hosting a mixer on Thursday, June 28, 2007 at the Minnesota Bar convention. We will feature appetizers and free drinks. This is to promote Section membership.
5. May Election. This will take place at the next meeting of the Section.
6. Committee Work. Linda Mealey-Lohmann reported on the work of the Section on the use of the Maryland ADR posters to promote ADR in Minnesota. Linda and the group working with her will provide a proposed program and budget. The Council will review and approve via email.
7. MSBA Legislative Committee. Linda Close, David Allgeyer, Nancy Ver Steegh and Jan Frankman met with the incoming MSBA President and members of the staff to discuss the Revised Uniform Arbitration Act in process before the Legislative Committee. A generally good discussion was had. The Section plans to take steps to support RUAA for passage.
8. Treasurer's Report. John Schultz provided the Treasurer's Report, a copy of which is attached.
9. Other Committee's Update/Other Business. Pat Burns discussed generally his plans for upgrading the website and a discussion was had. The Committee also discussed possible promotion of the Section by sponsoring articles on Bar publications, as has been done by the Colorado ADR Section. The Council also discussed ways in which we could promote the "ADR Select" feature of the Section's website which lists available neutrals.
The meeting was adjourned at 9:05 a.m.
Respectfully submitted,
David A. Allgeyer, Secretary
April 5, 2007 (8 a.m.)
The meeting was called to order at approximately 8 a.m. The agenda for the meeting is attached.
1. Attendance. Linda F. Close (by phone), John R. Schultz, Janice K. Frankman, Patrick Burns, Linda Mealey-Lohmann (by phone), Kim Basting, and David A. Allgeyer.
2. Report on ADR Poster Initiative. Linda Mealey-Lohmann updated us on the progress with the free posters/ads from the Maryland ADR organization. She sent out an e-mail to the ListServe regarding this and received positive responses. She will check on the costs and propose community programs and out-state programs. John Schultz noted that the Board of Conflict Resolution Minnesota ("CRM") is interested in participating. Linda will get more information on costs, and possible concrete proposal to the council.
3. Meeting with MSBA Legislative Committee. Jan Frankman reported that we have a meeting with the MSBA legislative committee at 4:30 p.m. on Monday regarding the process for the RUAA. Members of the RUAA Study Committee will be addressing issues with this process.
4. Legislation Update Regarding Proposed Amendment to Uniform Arbitration Act. We have had no further reports on the progress of this legislation.
5. Bylaws Report. Linda Close reported that the Bylaws Committee has made progress. They have a first draft. Members of the Bylaws Committee will be exchanging ideas and meet soon. Discussion was had as to whether there should be a vice chair for a Commercial Arbitration subgroup that would include employment or whether that should be a separate vice chair for employment ADR. The issue remains under consideration.
6. Commercial Arbitration Proposal. Patrick Burns reported on the progress of the Commercial ADR subgroup. There is a fair amount of interest in obtaining more involvement in the section and programs for those interested in commercial ADR.
7. Nominating Committee. Linda Close reported on the work of the Nominating Committee. The list of nominees is being finalized for the May election.
8. Funding/Gifting Standards Report. Linda Close reported on work on the Section's funding/gifting standards. Work is continuing. The Council decided that the giving should be up to $5,000 per yea. Gifts need not be made to just one group.
9. Update on Mandatory ListServe Enrollment. Patrick Burns reported that mandatory ListServe enrollment appears to be working. The ListServe is not as active as we would like, however.
10. Upcoming Programs. The April program will address yoga and mindfulness in ADR. The May program will address international arbitration.
11. ADR Work Group Developments. Linda Mealey-Lohmann and Linda Close reported that the ADR Work Group has not been funded by the legislature. The future of this group and its activities remain in question.
12. Treasurer's Report. John Schultz reported that on the last date figures were available, the section had $21,650.
13. Other Business. Patrick Burns inquired as to the best timing to promote the Section and membership in the MSBA magazine. Patrick will check on prices and the best issues.
14. The MSBA Convention. The MSBA Convention is set for June 27 - 29. The Section doesn't yet have a presence there. Patrick Burns suggested we consider a hospitality room or some other form of presence and will check on that.
The meeting was adjourned at 9:05 a.m.
Respectfully submitted,
David A. Allgeyer, Secretary
March 1, 2007 (8 a.m.)
The meeting was called to order at approximately 8:05 a.m. The agenda for the meeting is attached.
1. Attendance. Linda Close, Janice Frankman, David Allgeyer, Nancy Ver Steegh, Leslie McEvoy (by phone), Patrick Burns (by phone), Linda Mealey-Lohmann (by phone), and Kim Basting.
2. Programs Reports. Leslie McEvoy reported that the March program will focus on the Minnesota no-fault arbitration system. The April program will focus on mediation and mindfulness, and the May program will focus on international arbitration. We intend to invite the trial lawyers, civil litigation lawyers and possibly others to the no-fault program.
3. Dues Amount for Next Year. We considered whether to change our dues amount of $25.00 for next year. The council believes the amount is appropriate and will not be changing it.
4. List-Serve Enrollment (Redux). Linda Close suggested that we rethink automatically enrolling our members on the List Serve. The council agreed that we should try this. Members will be able to easily take themselves from the List Serve if they desire.
5. Meeting with the MSBA Legislative Committee. Representatives of our Section had planned to meet with the MSBA Legislative Committee to raise concerns about the process surrounding the Revised Uniform Arbitration Act. The meeting was scheduled but has now been postponed until April 9, 2007.
6. Legislation. Arbitration bill. The bill proposing revisions to the Uniform Arbitration Act to require reasoned awards in all cases is at the legislature. Nancy Ver Steegh reported that so far there seems to have been no activity on the bill. She will contact Harry Hayensworth, a Uniform Law Commissioner, and Lloyd Grooms, the MSBA legislative liaison, to keep track of the bill. We are concerned that information about this bill was provided to us indirectly and not by the MSBA Legislative Committee.
Members of the Section and others have commented on this bill. Virtually all comments have been negative. It appears the bill would address concerns in consumer arbitrations without considering whether it should apply to all arbitrations. Nancy plans to identify individuals who might be willing and able to testify should this matter actually come before legislative committee. This could happen on very short notice. The List Serve provides a good source of information as to those who might have thoughtful comments who might testify. The Section is unable to take a position as a Section absent MSBA approval, but individuals, of course, can.
7. Bylaws Revision. A subcommittee composed of Patrick Burns, Eva Hatcher, Linda Close and Nancy Ver Steegh have been working on the Bylaws. Eva Hatcher will be providing a draft of revised bylaws. The changes to the Bylaws will be primarily to reorganize offices and committees around various ADR topics including commercial, family, and community. Jan requested consideration of possibly including workplace and labor issues. At this point, that topic would be included in the commercial committee. This will be further considered. All offices would be for two years. The officer duties would be to serve on the Executive Council and to work on planning programs. Officers would also be responsible for standards of practices and ethics within each committee group.
8. Maryland Ads. Linda Mealey-Lohmann brought to our attention a poster campaign used to promote ADR in Maryland. These posters can be viewed at www.marylandmacro.org. These posters are available to be printed for others at a very reasonable cost. These could be used as part of the ADR Section's community outreach. We will look at placement and the number of posters that would be needed. Members of the council noted that possible uses of the posters would be in bar publications, law schools, courts, law firms and other places. It was also suggested that this might be a useful promotional item for Law Day.
9. Funding/Gifting Standards. Linda Close reported that the our section is working on standards for gifting and funding. These will be presented to the Council soon.
10. Treasurer's Report. The Treasurer's Report is attached. Carly, our liaison to the MSBA, has left MSBA's employ. Kim Basting will be assisting us in the interim.
11. Section Membership Ad. Patrick Burns indicated that it would make sense to run an ad for new members for the ADR Section. He will follow up with Kim Basting.
The meeting adjourned at approximately 9:15 a.m.
Respectfully submitted,
David A. Allgeyer, Secretary
February 1, 2007 (8 a.m.)
The meeting was called to order at approximately 8:00 a.m. The agenda for the meeting is attached.
1. Attendance. Linda Close, Janice Frankman, Patrick Burns, David A. Allgeyer, Leslie McEvoy, Nancy Ver Steegh (by phone), Eva Hatcher, Linda Mealey-Lohmann (by phone).
2. Agenda. The Agenda is attached to these Minutes.
3. RUAA Action/Other Legislative. Jan Frankman went over the current situation with the RUAA. She had e-mailed an outline of alternatives to the Section Members. It was determined that we will work to set up a meeting with the Legislative Committee to express our dissatisfaction with the process. Although there was no opposition from the MSBA Committee, the Legislative Committee has declined to support the RUAA.
4. Stacking CLEs. The MSBA is thinking that it would be useful to have three-hour CLEs. This would be a matter of working with other sections of the MSBA. For example, programs together with real property and family law on ADR were suggested. Eva Hatcher will follow up.
5. Section Committee Structure/Bylaws. Changes to the Bylaws are needed, particularly to the succession of the chair and possibly with respect to the committee structure. Jan has done some work on the Bylaws which she will forward. Eva Hatcher, Linda Close, Nancy Ver Steegh and Pat Burns will meet to propose the changes to the Sections Bylaws.
6. ADR Work Group Developments. Leslie McEvoy reported on the ADR work group. This group is still defining its goals and mission. At the outset, the work group is trying to understand the state of ADR in Minnesota. There is a lack of data. A discussion was had as to using bar survey capabilities in this regard. A funding request was received from the ADR work group. The Section needs to develop standards for donation. Linda Close will call for a volunteer to work on this.
7. Treasurer's Report. There was no formal report from the Treasurer, but finances remain about the same.
8. Publication Updates. Work on improving the website and link continue.
The meeting adjourned at approximately 9 a.m.
Respectfully submitted,
David Allegeyer
January 9, 2007
The meeting was called to order at approximately 12:00 p.m. The agenda for the meeting is attached.
1. Chair Notes. Linda Close reported that the Section has now sent a letter regarding proposed Rule 114A to the Minnesota Supreme Court Advisory Committee on General Rules of Practice. The letter has been posted to the ADR website.
2. February Program Announcement. The February program will address mental health issues in ADR. This promises to be an interesting and informative program. It will be pod cast as with all programs.
3. RUAA Report. Jan Frankman reported regarding the Revised Uniform Arbitration Act. The Legislative Committee of the Minnesota State Bar Association has recommended further study of the RUAA. The ADR Section feels this has been sufficiently studied and notes that no Section is in opposition to the RUAA. The RUAA is opposed by representatives of the trial lawyers. This is not an MSBA organization. The Section is unable to recommend legislative action on its own.
4. Bob Huber and David Allgeyer Presented on Hot Issues in Commercial and Construction Arbitration. Bob Huber is involved both as an arbitrator and an advocate in construction arbitration. David Allgeyer is involved both as an arbitrator and an advocate in commercial arbitrations. Bob and David focused on the issues surrounding changing requirements for party-appointed arbitrators, arbitrator disclosures, third-party discovery and subpoenas and, confirming and challenging awards. Outlines of the presentations and a pod cast are available at the section homepage. Click on "Meeting" from the list on the left and select "MP3 recording" under the January 9, 2007 Minutes to hear the pod cast. Allow a couple of minutes for the program to load. You can use the slider to move forward or backward in the recording.
The meeting adjourned at approximately 1:30 p.m.
Respectfully submitted,
David A. Allgeyer, Secretary
December 7, 2006
The meeting was called to order at approximately 8:00 a.m. The agenda for the meeting is attached.
1. Attendance. Linda Close, Leslie Sinner McEvoy, David A. Allgeyer and Kim Basting. Attending via phone: Janice Frankman, Patrick Burns, Linda Schneider, Linda Mealey-Lohmann and Nancy Ver Steegh.
2. Agenda. The Agenda is attached to these Minutes.
3. RUAA Update. Jan Frankman provided a brief update on the process of the Revised Uniform Arbitration Act. She would like to speak to the Section about the various alternatives. The RUAA was not endorsed by the MSBA, and we are subject to certain restrictions about what we can do. Opposition has come primarily from the trial lawyers.
4. Collaborative Law Letter. The Executive Committee had suggestions for a draft letter to the Minnesota Supreme Court Advisory Committee on the General Rules of Practice regarding the proposed Collaborative Law Rule. Linda Close will take the group's suggestions and make revisions to the draft letter to be presented for approval to the Section.
5. UMA Update. The Uniform Mediation Act is stuck on certain drafting concerns. The concerns included those regarding the statute's tolling of limitations during mediation, opt-out provisions and penalties for mediators failing to provide credentials.
6. January and February Programs. Leslie Sinner McEvoy reported on programs for January and February. January will include an arbitration topic involving construction law and other hot topics in arbitration. Bob Huber will be the lead speaker. He will be inviting Construction Section members. In February, the Minnesota Chapter of Lawyers Concerned for Lawyers will present. We now have had a list of programs compiled back to 2000 so we will be able to check on earlier programs.
7. Treasury. The balance in the Section account is $21,789.00.
8. Publications and Updates, Including Pod Casting. Patrick Burns reports that he continues to revise practice links from the Section website with the help of MSBA staff. Any input in this regard from Section members is welcome. Alternatives and improvements to the List Serve were also discussed. Patrick intends to send a quick e-mail survey about Section members' wants and needs in this regard.
9. Other. Linda Close reports that we may not have a meeting in January due to everyone's schedules. She will make an announcement on this in the near future.
10. Welcome. The Council was introduced to Carly
L. Bosanko of MSBA. Everyone indicated their appreciation to Carly and
Kim for the work done on compiling past programs and their assistance
to the ADR Section.
The meeting adjourned at approximately 9:05 a.m.
Respectfully submitted,
David A. Allgeyer, Secretary
November 14, 2006 (12 pm)
1. Chair Notes. Linda Close reported that the ADR Institute was one of the best programs ever this year. Next year will be the tenth year for the institute. The attendance was approximately 225 people.
2. December Meeting: Collaborative Law Proposed Rule and UMA. The Collaborative Law Proposed Rule and the Uniform Mediation Act are moving through the process. We will be discussing the Collaborative Law Proposed Rule at our next Section meeting. We believe this topic is important because it is part of the opportunity to determine and define what alternative dispute resolution is and means in Minnesota. Linda Close reports that materials will be distributed in advance of the meeting. Work on the UMA progresses, and we will discuss this at the December meeting.
3. Pod-Cast Meetings. Linda Close reported that the Section has determined to do pod casts of meetings to allow those who are not available to attend to receive the information. To play the pod-cast members can go to http://www2.mnbar.org/sections/adr/index.htm. Click on Meetings from the list on the left and select MP3 Recording under the date of the meeting you are interested in. Allow a couple of minutes for it to load. You can skip forward and backward in the program by using the slider bar.
4. ADR Recognition Committee. The new ADR Recognition Committee, which will determine the manner of recognition and be recognized for significant achievements to ADR is forming and making progress.
5. Minutes of September 14, 2006 Meeting. The meeting minutes were unavailable.
6. Minutes of October 13, 2006 Meeting. The meeting minutes were distributed and approved.
7. Officer Committee Reports.
8. Program: Rachel Wold, Executive Director of MACRO. Rachel
Wold explained the process of creating and developing the Mediation and
Conflict Resolution office, a Maryland non-profit organization. Ms. Wold
described the fact finding, consensus-building and collaborative decision-making
that lead to the significant actions taken to advance alternative dispute
resolutions processes in the state of Maryland through the court system
and in the communities. Attached is a graphic representation Ms. Wold
provided during her informative presentation of the process used to advance
ADR in Maryland. Also enclosed is another handout describing graphically
the Maryland program for mediator excellence.
To hear the entire presentation, which is included in the meeting pod-cast, go to http://www2.mnbar.org/sections/adr/index.htm. Click on Meetings from the list on the left and select MP3 Recording under the November 14, 2000 meeting. Allow a couple of minutes for the program to load. You can use the slider to move forward or backward in the recording.
The meeting adjourned at approximately 1:30 p.m.
Respectfully submitted,
David A. Allgeyer, Secretary
November 2, 2006 (8 a.m.)
1. Attendance. Linda F. Close (by telephone), Nancy L. Colman (by telephone), Nancy M. VerSteegh (by telephone), Linda Mealey-Lohmann (by telephone), Michelle Gullikson-Moore (by telephone), Mike Trittipo, David A. Allgeyer, Ken Basting (MSBA).
The agenda is attached to these Minutes.
2. New Program Co-chairs. Leslie Sinner McEvoy and Michelle Gullikson-Moore have agreed to serve as co-chairs for the program planning committee. A notice for the next meeting, scheduled for November 14, 2006, at noon at the MSBA offices is going out. Rachel Wohl, Executive Director of MACRO, will present on the state-wide ADR system, how it works, who funds it, and who it serves. The December meeting will include a session on legal issues and comments concerning collaborative law.
Mike Trittipo presented to the Council regarding technology options. Basically there are two alternatives. The first is podcasting, where we would make an audio recording of our MSBA ADR Section Sessions that would be downloaded from out website. The Health Law Section does that. The equipment to do this is relatively inexpensive at under $500. In fact, we can use the Health Law Section's equipment.
The other alternative is web conferencing using web-X or some other service. Typically, with web-conferencing we would have a video feed for participants to receive on their computers and the audio would be by telephone. That would allow people to view PowerPoint or other presentations while listening to the audio. It's a pay-for-use service which is about 33 cents per user/ per minute. It can be recorded.
The Council decided to test podcasting. Linda Close will contact the Health Law Section representative to set this up and further explore use of their equipment.
3. Treasury. The Treasurer's report reflects that as of September 30, 2006, the Section had $21,700.23. Dues continue to come in. Section membership is increasing.
4. ADR Workgroup Representation Developments. The ADR Workgroup is an ad hoc group looking at the operation of ADR in the state of Minnesota. Representatives of the MSBA ADR Section serve in that workgroup.
5. By-law Changes. Program Chair? We have been working on bylaw changes. Darin Allen, who was working on this, before he accepted a new position out of the state. He will be sending the materials he had for completion. We have a pending issue with the bylaws that must be attended to. The Bylaws call for the program chair to become the chair of the section. That may or may not work this year as we have co-program chairs. We will need to address amending the bylaws to allow some flexibility in this regard.
6. Publications Update. Patrick Burns continues to work on our publications. He is working on a welcome message for the listserve. A discussion was had as to whether members should be automatically enrolled for listserve. It was the sense of the Council that automatic enrollment was not appropriate at this time. A further discussion will be had.
7. Recognition. Consideration was given to setting up an ad hoc committee to decide what recognition to provide deserving Section members. Linda Close had some ideas for committee membership and will follow through on this.
8. UMA Committee. The Uniform Mediation Act Committee continues its work. It plans to hand out its recommendations at the section meeting on November 14 for consideration at the December meeting.
The meeting was adjourned at 9:05.
Respectfully submitted,
David A. Allgeyer, Secretary
October 5, 2006 (8 a.m.)
1. Attendance. Linda F. Close (by telephone), Patrick Burns, Nancy L. Colman, John R. Schultz, Nancy M. VerSteegh (by telephone), Darin Allen, Linda Mealey-Lohmann (by phone) Kim Basting (MSBA), Janice Frankman and David A. Allgeyer.
2. Program Planning. Further discussion was had regarding videotaping of program presentations. It was suggested that the Section could help defray the cost of purchasing video equipment. We should be able to get the operators from schools, but equipment could be a problem. It was also mentioned that we should explore whether any video equipment has the capability of webcasting. This was received as a good idea. Linda Close will check on the video equipment issue and report back. Kim stated that purchasing video equipment would likely be expensive but would ask MSBA employee Mike Tripotto about it.
The following programs are planned:
Beth Baily-Allen will present a community mediation centers regarding diversity and other cultural issues. Other speakers will join her.
Rachel Wold, who is active in ADR in Maryland, will report on ADR in other states.
Joan Bibelhausen will present mental health and competency issues in ADR.
3. Treasury Report. John Schultz reports that, at the end of August, the Section had $21,633.29 overall. Of this, $13,516.50 is in certificates of deposit.
4. By-Law Development. Darin Allen has made progress on this, but needed to connect with some others before finalizing, Darin will send copies of his working material to date so that this work can be completed.
5. Darin's Replacement. Darin is leaving the state to become a Vice President for the American Arbitration Association. We all wish him well in his new endeavors. In the meantime, we need to find a replacement for Program Development. Linda Close is contacting a possible replacement. Nancy Colman is willing to assist the new person in that position.
6. Publications Updates. Patrick Burns reported that he has identified the links from the Section home page that need to be updated to make it easier to join the listserve.
The rules of the listserve are pending.
Links on the Section's home page to be updated have been identified. Patrick will submit the links and updates to MSBA for implementation. The submission should also be copied to Kim Basting.
Patrick has been posting upcoming events on the Section home page.
Some scholarships are available for the upcoming ADR Institute. Kim will also note the members of the ADR Section who are speaking at the Institute.
7. Collaborative Law Developments. Linda Close reported that the ADR Rule Board did not approve the proposed rule changes adding Rule 114A. Darin reports that he attended the Rules Advisory Committee, but the outcome is unknown. Linda Close will inquire and let us know.
8. Next Month's Meeting. The group discussed whether to move this meeting and determined not to.
9. RUAA. Janice Frankman reported she had a productive conversation regarding outstanding issues concerning the RUAA with various groups. They will propose language that may resolve their concerns. November 4 is the date of the legislative proposal. The comment period ends November 24. The Legislative Committee of the MSBA meets November 27. The overall Section assembly is December 15. Jan indicated that she thought a vote of the Section endorsing the RUAA should be sought. She plans to seek the endorsement at the next meeting of the Section. Linda expressed concern whether there was precedent for one section approving legislation the MSBA did not approve. Jan indicated she believed there was a precedent for this. Jan asked Kim to see if there is a precedent in other sections of similar endorsements.
10. Recognition and appreciation for Mary Kempton. Linda and Jan formally recognized Mary Kempton for her work with the Section and MSBA. Mary has now departed MSBA.
11. Recognition of exceptional section members. Discussion was had of issues recognizing exceptional section member(s) for annual award.
The meeting was adjourned at approximately 9:05 a.m.
Respectfully submitted,
David A. Allgeyer, Secretary
August 3, 2006 (8 a.m.)
1. Attendance. Linda F. Close, John R. Schultz, Nancy L. Colman, Linda Mealey-
Lohmann (by phone), Nancy M. VerSteegh (by telephone) Eva L. Cheny-Hatcher (by phone),
Darin Allen, Janice K. Frankman, and David A. Allgeyer.
The agenda for this meeting of the ADR Section Council is attached to these Minutes.
2. Program Planning. Darin Allen provided ideas for programs in the coming year
and received input from other council members. So far, the following programs have been
tentatively set.
· September Collaborative Law (rule change proposal)
· October Immigrant/Cultural ADR issues
· November Consumer Credit & Pre-Dispute Arbitration Clauses and
possibly other issues relating to commercial arbitration
· December ADR and Competency Issues/Mental Health
Once the programs are set, we will put them on the Section website as soon as possible.
Other programs mentioned in the future include:
· Healthcare ADR and Apology Programs
· International ADR
· Parenting Time Expectation ADR
· Public Sector ADR
· Community Policing and ADR
· ADR Ethics (possibly in the retail setting)
· ADR Practice Marketing
· Commercial Arbitration (possibly focusing on the current issues in
arbitration and how they are addressed in the RUAA)
· Best Practices in Preparing for Mediation and Arbitration for Practitioners
· Lost in Translation: Interpreters in ADR
· The State of Diversity in the Minnesota Bar (focusing on the MSBA Task
Force on Diversity)
Those who have additional ideas for programs should contact Darin Allen at
firstname.lastname@example.com. Linda Close also mentioned that she would send out a meeting reminder for the upcoming September meeting, as well as other dates. (This has been accomplished.)
3. Section Chair Meeting Report. Linda Close reported that the MSBA has survey
software that would allow members to vote by e-mail. It is expected that, when the collaborative
law section rule change proposal comes up, this software will be of use in allowing members to
vote on the issue.
There is a November 1 legislation deadline. The RUAA has already been approved by
the Section and no further approval is needed unless the proposed legislation is amended. We
understand the Commissioners plan to present this legislation in the upcoming session.
The MSBA goal is to increase membership of all sections by 0.5% each year. Linda
Close reports that we have met that increase, and then some.
Nancy Colman reported that Minneapolis Mediation News would accept a column from
the ADR Section explaining the benefits of MSBA ADR membership. The editor of that
publication requests an e-mail from the group in that regard.
The council also discussed having a brochure available to present at various meetings and
to promote membership. Nancy Colman indicated she would speak to Patrick Burns on this
4. Bylaw Development. Darin Allen presented the status of the amendment of
bylaws. He has been working on these. Darin would like to present the thoughts he has had so
far and will send out his draft amendments by e-mail. To the extent that people feel an in-person
meeting to edit and finalize the proposal would be worthwhile, he will arrange that. It was
mentioned that the Bar Association also had proposed some provisions to the Bylaws which
would include electronic voting.
5. List of Rules. Patrick Burns has been working on the Listserve rules, which we
will discuss at the next meeting. Darin Allen found some MSBA guidelines on Listserve usage
that provide an outline of the rules and agreements. He will provide those to Patrick Burns. The
main rule for the Listserve is that it should not be a vehicle for private marketing.
6. Collaborative Law Development. Linda Close and Darin Allen reported on
developments with the collaborative law groups proposed Rule 114(a). A representative of the
collaborative law group will be speaking to our section. Linda reported that the ADR Review
Board has inserted itself in identifying issues between the ADR Section and the collaborative law
group. There is a proposed meeting on August 15 at 10 a.m. to flesh out certain issues, followed
by a more formal meeting on September 23. Linda Close will handle the requests and more
formal meeting. The Section has not yet come to a formal position on the proposed collaborative
law rules. It will, however, be asked to take a position, and a vote will be taken.
The council then discussed certain issues concerning the ethics of the collaborative law
process proposed and the impact of collaborative law on Rule 114. Linda Close has prepared a
memorandum based on earlier efforts to include collaborative law as an ADR process, which she
will provide.
7. Board Positions Open. Janice Frankman noted that there are a number of
positions on boards that members of the ADR Section may be interested in. She will send these
around by e-mail.
The meeting was adjourned at 9:05 a.m.
Respectfully submitted,
David A. Allgeyer, Secretary
MSBA ADR Section
Monthly Meeting
April 11 , 2006
Noon - 1:30 p. m.
Attendance: Darin Allen, Linda Close, Jan Frankman, Frank Abramson, Brian Ciccone, Ryan Chandler, Dan Ventres, Janelle Ehrenstrom, DePaul Willette, Ellen Abbott, Patrick Burns, Sangeeta Jain, Mike Kallas, Candice Hektner, Joe Kenyon, Leo Stern, Leslie McEvoy, Nancy Colman and Joan S.
The Agenda for this meeting is attached to these Minutes. Hand-outs at the meeting included the Treasurer's Report and Notes from the Chair covering a variety of updates and news items. The Notes are posted at the Section website. Minutes of the March, 2006, meeting will be prepared for consideration at the May, 2006 Annual Meeting.
A short business meeting was conducted. There was unanimous approval of the
Treasurer's Report submitted by John Schulz. Jan reported that the MSBA Committee
on By-laws revisions had approved the proposed amendment to change the Annual
Meeting date to May, and that approval from the MSBA Assembly at its April 21,
2006, meeting was expected. She also reported that the regular meeting date
for May, will be moved to May 23, when the Annual Meeting will occur immediately
before the half day Symposium at the University of St. Thomas Law School. Linda
Close presented the slate of officers for 2006- 2007 which the nominating committee
proposes including Darin Allen, Chair-elect; Dave Allgeyer, Secretary; John
Schulz, Treasurer; Patrick Burns, Vice-chair for Publications and Nancy Ver
Steegh, Vice-chair for Legislation. Darin Allen noted that the proposed Rule
114A re collaborative law and accompanying materials have been posted at the
Section website. He also reported that the May 23, Symposium will result in
an article to be published in the September edition of the Bench and Bar magazine.
There was unanimous approval of a motion made by Linda Close to reimburse expenses
for the Chair and Past-chair to attend the MSBA Convention held in June of each
year. The reimbursement covers the cost of Convention registration, lodging,
mileage at the IRS rate and up to $42 per day for meals. It was agreed that
it is important to have Section representation at the Convention each year and
it was noted that both the Chair and Past Chair will attend the June, 2006,
session of the MSBA Assembly. The Section has chosen to have the Past Chair
represent the Section. There will be orientation for incoming Assembly representatives
at the Convention including the opportunity to attend the June Assembly meeting.
The MSBA reorganization in 2005 requires representation by each Section at Assembly
meetings as well as participation on one committee of the MSBA. Ellen Abbott
has represented the Section for 2006.
Following the business meeting, Lloyd Grooms, MSBA lobbyist, reported to the Section re the status of RUAA and made suggestions for proceeding in preparation for the 2007 Session of the Legislature.
Discussion re RUAA
Lloyd Grooms discussed the fact that RUAA had not been introduced at the 2006 Session of the legislature, the status of the Section's proposal before the MSBA Legislative Committee and made suggestions for proceeding in preparation for the 2007 Legislative Session. Jan noted that she had had discussions with Harry Haynsworth, Uniform Commissioner and reminded the Section that it had approved the version of RUAA which was intended to be introduced in 2006 and which she was told would be introduced in 2007. Lloyd outlined three steps for the RUAA sub-committee and the Section to take: first, clarify and confirm with the Uniform Commissioners what version of RUAA will be introduced in 2007; second, post and review the version of the Bill to be introduced seeking formal comment from MSBA Sections and affiliated groups such as the Minnesota Trial Lawyers Association; and, third, present to the MSBA Legislative Committee and Assembly its proposal (most likely the 2/28/06 proposal approved by the Section and submitted to the Legislative Committee) expressing clearly the action it requests the Committee to take which may include MSBA endorsement and/or a recommendation to remove the Committee's current "further study" position it has taken with regard to the Section proposal re RUAA. It is understood that endorsement is sought but that short of endorsement, the Section may decide that it wishes to go forward in support of the Bill without MSBA endorsement. There is understanding that MSBA policy precludes a Section from independently moving forward with legislation where there is known opposition to it within the MSBA Sections.
Lloyd Grooms' presentation was followed by a program, "Employment ADR - From the Arbitrator's and Mediator's Point of View" introduced by Ellen Abbott and presented by Judith K. Schermer, PLLC.
The meeting was adjourned at 1:30 p.m.
Respectfully submitted,
Jan Frankman, Section Chair/Acting Secretary
MSBA ADR Section
Monthly Meeting
March 14 , 2006
Noon - 2:00 p. m.
Attendance: Darin Allen, Linda Close, Jan Frankman, Frank Abramson, Thomas Lovett, Ross Oden, Gary Weissman, Brian Ciccone, Ryan Chandler, Janelle Ehrenstrom, William Majerus, Kris Bolander, Aimee Gourlay, Mark McCrea and Eduardo Wolle
The Agenda for this meeting is attached to these Minutes. Hand-outs at the meeting included Minutes of the February Section Meeting, the Treasurer's Report and Notes from the Chair covering a variety of updates and news items. The Notes are posted at the Section website.
A short business meeting was conducted. There was unanimous approval of Minutes of the February 14, 2006 Meeting. Jan reported that RUAA apparently would not be introduced at this Session of the Legislature and that she had been advised by Legislative Committee Chair Dornik that the Committee takes its direction from the MSBA Assembly which will meet on April 21, 2006. Jan also reported that a proposed Rule 114A has been submitted to the State Court Rules Committee by the Collaborative Law Institute and that the ADR Review Board will hear a presentation with regard to the proposal on April 7. She and Darin Allen plan to attend the April meeting as observers and to make comment where appropriate. Linda Close announced that a half day Symposium is planned for May 23, at the University of St. Thomas Law School which will be open to all Section members and members of other organizations and Sections of MSBA at no charge. She also reminded us that the April program will address Employment ADR. Darin confirmed that an article commemorating the ten year anniversary of the Section will appear in the April edition of the Bench and Bar magazine.
The meeting was followed by an interactive program, first presented at the
MSBA Convention ADR Section meeting in June, 2005, entitled "Exploring
Cultural Conflict in Mediation" presented by Aimee Gourlay, Mark McCrea
and Eduardo Wolle.
The meeting was adjourned at 2:00 p.m.
Respectfully submitted,
Jan Frankman, Section Chair/Acting Secretary
MSBA ADR Section
Monthly Meeting
February 14 , 2006
Noon - 1:30 p. m.
Attendance: Ellen Abbott, Darin Allen, Linda Close, Jan Frankman, Jim Brehl, Frank Abramson, Mel Ogurak, Leslie McEvoy, Wayne Popham, Joe Kenyon, Thomas Lovett, John Schulz, Hal Fields, Dave Allgeyer, Ross Oden, Donald J. Anderson, Mike Kallas, Linda Mealey-Lohmann, Michele Gullickson-Moore, Gary Weissman and Dick Pemberton
The Agenda for this meeting together with the proposed By-laws revision and a copy of the powerpoint slides used by Linda Close for her Rule 114 presentation are attached to these Minutes. Hand-outs at this meeting included the Treasurer's Report, Notes from the Chair covering a variety of updates and news items and a Memorandum dated January 9, 2006, which provides a history of the work to date of the RUAA Sub-committee and includes portions of amendments to RUAA(2000) included in the Revisor's Bill which will be introduced in the 2006 Session of the State Legislature. The Notes and Memo (2/14/06) are posted at the Section website.
A short business meeting was conducted. There was unanimous approval of Minutes of the November 8, 2005, and January 10, 2006 Meetings; of the Treasurer's Report; of the attached proposal to amend the Section by-laws to change the Annual Meeting to May from the current June MSBA Convention date; and to approve the RUAA Sub-committee's recommendation to endorse the version of RUAA as amended which is expected to be introduced in the 2006 Session of the State Legislature. Linda Mealey-Lohmann noted there are no mediation offerings for the Annual Employment Law Institute and encouraged the Section to ensure that there always is an ADR topic on that Institute program. Jan endorsed working closely with other Sections in programming in the future. Because of time constraints, discussion concerning funding or donations to outside organizations was deferred. The meeting was followed by a program, "Changes Redux" presented by Linda Close and Ellen Abbott.
Discussion re RUAA
Jan's January 9, 2006, Memo details a December meeting with representatives from the Construction Law Section and MTLA to address express objections made by those two groups. The meeting was also attended by Uniform Commissioner Haynsworth and a representative from the MSBA Legislative Committee. Attached to the Memo are portions of RUAA(2000) which reflect amendment of the Act as promulgated by NCCUSL which address the issues which were raised. Harry Haynsworth carried agreements made for amendment of the Bill to the Revisor's office which prepared a proposed bill for introduction in the 2006 legislative session.
During discussion prior to the Section vote to approve the Sub-committee's recommendation, Hal Field commented that he believes this law reflects good public policy in providing a modern and accessible vehicle to arbitration law and practice. One result of adoption of RUAA will be avoidance of the need for extensive research on multiple points. The law is carefully and thoughtfully drafted and does not change substantive law. The Minnesota version has filled holes with regard to arbitrators serving pursuant collective bargaining agreements and preserving the primacy of the No - Fault Insurance Act in Minnesota. Hal expressed his opinion that those who do not like arbitration will not get much recognition because the process as widely used will continue under the old archaic law nonetheless. Finally, he expressed his opinion that the known interest groups who might oppose it will use it as a vehicle to change the law. Joe Kenyon thanked Hal for his comments and asked that they be reflected in the Amended Legislative Proposal which will be sent to the MSBA Legislative Committee with a request for further consideration of MSBA endorsement of the legislation.
"Changes Redux"
Linda highlighted the 2005 Rule 114 amendments. She pointed to changes and review for changes that might be necessary if RUAA passes in Minnesota. Rule 114.02 defines arbitration and cites to the current uniform arbitration act which would be repealed. Linda raised the question whether there is a disconnect between Rule 114.02 and Rule 114.09 which addresses arbitration proceedings. She noted that the names of the categories of processes have been changed; that Rule 114.05 now requires that the court appoint a qualified neutral on its scheduling order where parties have not been able to agree on a neutral or a date for selection of one; and, with regard to inadmissibility of evidence produced in non-binding ADR processes, Rule 114.08 now provides that such evidence is inadmissible for any purpose at trial.
Ellen advised that the UMA/MMA Sub-committee had met just before the Section meeting and will meet again at 10:00 a.m. on April 11, 2006. She further advised that they had been in negotiations with the Uniform Commissioners and had agreed to a form which was in substantial compliance with the UMA. The UMA will not be introduced in this Session of the legislature. Ellen focused on the differences in the UMA and the Minnesota with regard to confidentiality provisions - the tension has been between competency and privilege provisions. There is an intent to keep the "best of the best". There will be distinction between parties to a mediation and the mediator relative to confidentiality provisions. It is expected that a draft of the proposed MMA will be posted on the website within a month. Another area being reviewed is the definition of communication.
The meeting was adjourned at 1:30 p.m.
Respectfully submitted,
Jan Frankman, Section Chair/Acting Secretary
MSBA ADR Section
Monthly Meeting
January 10, 2006
Noon - 1:30 p. m.
Attendance: Ellen Abbott, Darin Allen, Linda Close, Jan Frankman, Jim Brehl, Frank Abramson, Anne Wilson, Mel Ogurak, Bob Langford, DePaul Willette, Leslie McEvoy, Brian G., Mickey Greenberg, Bruce Kennedy , Wayne Popham, William Majerus, Kritin Folsom, Joe Kenyon, Thomas Lovett, Bill Funari, John Schulz, Diane Anderson, Hal Fields; guest speakers Hon. Betsy Martin, Hon. Kevin Burke and ALJ Bruce Johnson; and guest Barbara Jones, Reporter for Minnesota Lawyer
Barbara Jones, Reporter for the Minnesota Lawyer recorded this meeting. She was especially interested in the Judges' presentation which they agreed could be recorded. Ms. Jones may write an article for ML which covers the program.
A short business meeting addressed topics identified on the Meeting Agenda
which is attached to these Minutes. Hand-outs at this meeting included the Treasurer's
Report, Notes from the Chair covering a variety of updates and news items and
a Memorandum dated January 9, 2006, which provides a history of the work to
date of the RUAA Sub-committee and includes portions of amendments to RUAA(2000)
included in the Revisor's Bill which will be introduced in the 2006 Session
of the State Legislature. The Notes and Memo (1/9/06) are posted at the Section
website. Approval of Minutes of the November 8, 2005, Meeting was deferred to
the February 14, 2006, Meeting. The meeting was followed by a program, "They'll
Be the Judge of That!" moderated by
Linda Close.
Treasurer's Report John Schulz' report which was distributed at the meeting
was approved as prepared.
RUAA Report
Jan's January 9, 2006, details a December meeting with representatives from the Construction Law Section and MTLA to address express objections made by those two groups. The meeting was also attended by Uniform Commissioner Haynsworth and a representative from the MSBA Legislative Committee. Attached to the Memo are portions of RUAA(2000) which reflect amendment of the Act as promulgated by NCCUSL which address the issues which were raised. Harry Haynsworth carried agreements made for amendment of the Bill to the Revisor's office which prepared a proposed bill for introduction in the 2006 legislative session. Jan advised that the RUAA Sub-committee would request the Section's support for RUAA(2000) as amended. She encouraged comment and questions leading up to the February 14, 2006, meeting vote.
Thank- you for December Social Linda Close, Ellen Abbott, Mary Kempton and Kim Basting were thanked for the planning and execution of the delightful social in lieu of our regular December meeting. Eight of the past ten chairs provided a wonderful retrospective of the work of the Section which will celebrate its tenth anniversary on April 22, 2006.
"They'll Be the Judge of That!"
Linda introduced and facilitated a question and answer session with Judges Burke, Martin and Johnson from Hennepin County, Washington County and the Office of Administrative Hearings respectively.
Judge Burke said he believes the barriers to greater use of ADR include cost and the difficulty that attorneys have in reporting settlement of a case. He said it is easier for counsel to blame a judge for a loss. He supports early use of ADR before high discovery costs have been incurred and positions are hardened. He cited to an article, "The Vanishing Jury", which reports reduced court case filings nationwide. He said Minnesota is a leader but does not attribute the reduction necessarily to use of ADR.
Judge Martin distributed a Pre-court Settlement Option form used in Washington County. She endorses ADR and said it is a very good way to address a very busy docket. All scheduling orders direct parties to ADR and mediation is used almost exclusively. Her experience is that most people select the mediation process as well as the mediator. Where she directs parties to a mediator, she most often prefers retired judges who she knows and said parties also know them and they are "the easiest sell". She presented Linda Close with a certificate recognizing her contribution serving in Washington County Court ADR programs.
Judge Johnson identified government pre-disposition against settlement as a deterrent to broader use of ADR in the public sector. He advised that OAH is beginning to mediate special education cases.
In the discussion session, a suggestion was made to propose taxing discovery
as a cost to incentivize early mediation. The need for public education about
the mediation process was also raised.
The meeting was adjourned at 1:30 p.m.
Respectfully submitted,
Jan Frankman, Section Chair
and Acting Secretary
MSBA ADR Section
Monthly Meeting
November 8, 2005
Noon - 1:30 p. m.
Attendance: Ellen Abbott, Darin Allen, Linda Close, Jan Frankman, Jim Brehl, Frank Abramson, Jonathan Lebedoff, Michele Gullickson-Moore, Rebecca Picard,Judith Johnson, Chuck Brumbach, Pat Burns,Anne Wilson, Mel Ogurak, Robert Burk, Bob Langford, Gary Hansen, D. Abrams, DePaul Willette, Leslie Sinner McEvoy, Dan Rogan, Carole Megarry, Brian Ciccone, Janelle Ehrenstrom and Michael Landrum
A short business meeting addressed Meeting Minutes, Katrina Relief, Notes from the Chair and legislative and program updates. There was no Treasurer's Report. The meeting was followed by a program moderated by Linda Close on "Ch-ch-ch changes!".
October Minutes were approved as prepared.
Katrina Relief was approved by Section vote. The Section approved the Executive Committee's recommendation that the Section donate up to $2,000. directed to community mediation programs in the Gulf States with specifically identified needs.
Notes from the Chair is a page of announcements and newsworthy items of interest to the Section to be provided each month by the Chair to communicate important information without intruding on planned program time. The Notes will also be posted at the website after each meeting.
UMA sub-committee convened by Ellen Abbott will meet before the December 13, Social to continue work in preparation for future meetings with State Uniform Commissioners as reported at the October meeting. All are welcome to participate.
RUAA Report
Jan reported that the RUAA Sub-committee met on November 1, with representatives from MDLA and MTLA to identify and address objections to RUAA. Invited individuals from the Insurance Federation, Civil Litigation Section and the Disability Law Center did not attend the meeting in the MSBA offices. The meeting followed submission of a placemarker Legislative Proposal to the MSBA Legislative Committee and was held before written comments were due with the hope that an Amended Proposal could be submitted which addressed objections to the Proposal. Jan reported that there was a lively and good discussion at the meeting which she believes will continue.
Reminder re December Social in lieu of a meeting at noon on December 13, will include past chairs who will make some comments about their tenure. The Social will be held in the MSBA offices on December 13, from 4:30 to 6:30 p.m.
Program - Ch-ch-ch changes!
Linda introduced and facilitated a question and answer session with Patrick Burns on New Lawyers' Rules then Rebecca Picard on Revised Model Standards for Mediators. Linda's presentation on Revised Rule 114 was suspended for presentation in February possibly in conjunction with an RUAA update presentation.
Pat directed us to portions of the New Lawyers Rules which expressly apply to lawyers who serve as arbitrators or mediators and which particularly impact our work. They include the Preamble to the New Rules at §3, and Rules 1.0(n), 1.6, 1.7 (see, b.1 and comment 17), 1.12, 2.4, 3.3, 4.1, 5.5 c.3 and 8.4. The Rules address the definition of tribunal, confidentiality, conflicts of interest, duty to educate re role as neutral, honesty, UPL and fraud and deceit.
Rebecca served as co-observer with Jan for the MSBA of the process to revise
the Model Standards for Mediators first adopted in 1994 by the ABA ADR Section,
SPIDR and AAA. She emphasized that the Standards are not rules but provide aspirational
standards. She pointed to extensive construction notes that accompany the Standards
and she provided some best practice tips for mediators to conform with the Standards.
For example, securing releases to speak with certain people is a way to deal
with the otherwise strict confidentiality rule. A suggested way to deal with
confidentiality in caucus is to establish that the mediator has discretion unless
information has been flagged for confidentiality. Rebecca's presentation raises
the question whether it is time to review the Rule 114 Code of Ethics which
are closely modeled on the original Model Standards.
The meeting was adjourned at 1:30 p.m.
Respectfully submitted,
Jan Frankman, Section Chair
and Acting Secretary
MSBA ADR Section
Monthly Meeting
October 11, 2005
Noon - 1:30 p. m.
Attendance: Ellen Abbott, Darin Allen, Linda Close, John Schulz, Jan Frankman, Jim Brehl, Hal Field, Tricia Pepin, Frank Abramson, Dick Penberton, Thomas Lovett, Jonathan Lebedoff, Michele Gullickson-Moore, Ross Oden, Tom Boyd, Bob Tennessen, Leo Stern, Rebecca Picard, Diana Longrie, Judth Johnson, Anne Wilson, Janelle Ehrenstrom and Michael Landrum
A short business meeting addressed Meeting Minutes, the Treasurer's Report and updates on MMA and RUAA. The meeting was followed by a facilitated discussion of the activity of the Section.
September Minutes
No Minutes of the September 13, Section Meeting were received from Brian Ciccone who resigned at the September meeting. Jan is in the process of gathering attendance sheets and will provide a brief written summary of the meeting in lieu of minutes.
Treasurer's Report
John Schulz presented the Treasurer's Report, a copy of which is attached to these Minutes, which was approved.
Ellen briefed the history of the Uniform Mediation Act in our Section and the drafting of an alternative. She reported that her sub-committee had met with Judge and Commissioner Jack Davies to discuss the UMA and MMA. They agreed that a bill would not be introduced in the next session and that they would work together to examine mediation in Minnesota. They will review a list of laws to be provided by the Revisor's office which make reference to mediation, that the UMA will be used as a study guide and that a goal is Legislative Committee and MSBA support for whatever bill will be introduced after 2006. Ellen encouraged members to join her and her sub-committee following the Section meeting to discuss next steps and strategies.
RUAA Report
Jan reported that the RUAA Sub-committee met the hour before the Section meeting to consider 32 emails which had been received from individuals representing themselves and, expressly or apparently, the Minnesota Trial Lawyers Association, the Civil Litigation Section and the Disability Law Center in opposition to RUAA. The comments had been sought beginning in early August. The first comment was received ten days before the Section meeting. The Sub-committee had planned to put to a vote its recommendation that the Section endorse RUAA anticipated to be introduced in the next biennium of the Legislature which opens in March, 2006. It decided to suspend the vote pending a meeting with the commenters to be scheduled as soon as possible keeping in mind the October 31, deadline for submitting a Legislative Proposal to the MSBA Legislative Committee.
Program - Just What are We Doing As A Section?
Future programs/December Social
Linda described programs which have been planned through May, 2006. She noted that February is open and encouraged suggestions. The December Social was discussed in some detail. The Social will begin at 4:30 or 5:00 on December 13. There was a suggestion that along with all Section members, invitations should be sent to law students, representatives of the ADR Review Board, CRM, and organizations which provide ADR services including community mediation programs. Programs for other months include the following:
November: Changes in New Lawyers' Rules, Rule 114 and Model Standards for Mediators
January: Judge's Panel
March: Diversity Panel
April: ADR in Labor and Employment
May: International ADR
Darin Allen, Publications Vice Chair reported that there are now 57 people signed up for Listserv. He is seeking members who would like to serve on the Publications Committee. He continues to work on the website which is a link to the mnbar.org site. He intends to add a link to acronyms at the site and other practice related sites. He described parameters for posting at the site.
MSBA Assembly
Ellen described the MSBA restructuring which has resulted in a 122 member Assembly including Section representatives. The MSBA Council has 15 members and is chaired by the President of the Association, Susan Holden. There are several initiatives being pursued including a Diversity Task Force, development of professional rules of conduct following the White judicial campaign case, a HOPE for the City project to provide supplies following the Katrina disaster, exploration into growing the MSBA membership which is currently 60% of attorneys in the State, a Solo practitioner pilot project as a new member category, professional development, District Bar outreach, recognition of senior members who have been in practice for more than 50 years and a managing partners project.
In addition to attending Assembly meetings as Section representative, Ellen also is a member of the 28 member Legislative Committee. The next Assembly meeting is December 9, 2005.
Law Day and Tenth Anniversary Recognition
Jan discussed the hope to have both a Law Day program which may be collaborative with the Minnesota Chapter of ACR, Conflict Resolution Minnesota as well as a Symposium to commemorate the tenth anniversary of the Section in April, 2006. Several members have offered to work on the Courts project which hopefully will become more fully developed soon.
With regard to the Symposium, Hamline University is available to us but a reservation must be made as soon as possible. Michele Gullickson Moore reminded us of the ADR Summit a few years ago which was well attended and where a conversation that could be continued was started. Jan referred to this juncture with revised rules and standards and uniform acts as being a time for reflection and a conversation about what the future holds.
ACR Conference Report
Anyone who attended the ACR Conference was encouraged to report the experience. There was brief reference to the keynote speech by Frances Moore Lappe, author of Diet for a Small Planet, a report by Michele concerning her experience facilitating a discussion following hurricanes Katrina and Rita and reflections on race and poverty issues raised by the disaster, and workshop experiences including Rebecca's report on "Narrative Mediation" out of New Zealand and Jan's experience in a workshop focused on conflict resolution in faith communities.
The meeting was adjourned at 1:30 p.m.
Respectfully submitted,
Jan Frankman, Section Chair
MSBA ADR Section Minutes
Executive Council Meeting
July 12, 2005
8:00 a - 9:30 a.
Attendance: Ellen Abbott, Darin Allen, Linda Close, Jan Frankman, Salvador Panga, John Schulz
The Agenda for this Meeting and a summary of the Spring 2005 Survey results are attached to these Minutes.
We reviewed the survey summary and set Section and Executive Council meeting dates for 2005-2006. We discussed program options including whether and when CLE credits would be provided and whether and when Section business would be conducted.
We agreed to have monthly meetings beginning in September, 2005, through May, 2006. The State Bar Convention in June, provides the venue for the Section Annual Meeting and, typically, a CLE program. Section meetings* will be held at the MSBA Offices on second Tuesdays beginning at noon and adjourning at 1:30 p.m. ADR Executive Council meetings* are open to all Section members and will be held the first Tuesday of each month in which there is a Section meeting with the exception of the next Council meeting which will be held on August 30. Executive Council meetings will begin at 7:30 a. adjourning at 9:00 a. and will be held in Ellen Abbott's office, at 5th and Hennepin in Suite 700 of the Lumber Exchange Building.
We discussed the importance of communication with Section members and agreed to use broadcast emails to keep the membership informed and to provide alerts. We agreed to remind members of the opportunity to participate in meetings by telephone. We discussed the possibility of a phone tree especially to encourage participation in legislative activities as the uniform bills move through the legislature.
We discussed Section response to programming in the past and our goals for this year. We agreed that the focus this year will be upon the uniform laws (UMA and RUAA), the Revised Model Standards for Mediators, new Lawyers Rules of Professional Responsibility and, perhaps, Revised Rule 114 and pending Collaborative Law Rule development. We also discussed finding a time for Mark McCrea, Aimee Gourlay and Eduardo Wolle to re-present their cross-cultural mediation program which was well-received at the State Bar Association Convention in June.
We agreed that at least some Section business will provide CLE credit, e.g.,
discussion and debate relative to the Uniform Acts and that every Section meeting
may not include a CLE program. We did not clearly decide to what extent Section
business will be conducted at Section meetings as opposed to at Executive Council
meetings. We discussed the problem in the past of meetings which have included
both extensive business and planned programming resulting in limited effectiveness
of both.
Darin provided us with information concerning development of a Section listserv and will proceed with the MSBA in establishing one. He will communicate with the Council by email with further questions and will communicate parameters set by the MSBA and provide the Council with an opportunity to raise questions concerning usage of the listserv. We will provide Council approval by email vote before the listserv becomes active. We discussed other publications issues and the history of the Publications Committee in the Section. We discussed the need for work on the Section website to cull dated material, to update other information and the potential for establishing links to many websites including the colleges and universities and the ADR Review Board.
Linda requested information from Jan concerning programming and set a meeting with Ellen to discuss programming. Jan advised that she has received commitments from Ken Fox and Bill Funari to work on the Law Day in the Courts program as a service project. She suggested that the community mediation programs could be a big part of the program and observed that Michele Gullickson Moore has been a regular attendee of Section meetings and would be a very good candidate for work on the Courts program. Jan discussed her ideas for commemoration of the tenth anniversary of the Section including a possible wine and cheese social sponsored by the Council and the ten past chairs to kick off this Section year and a possible Symposium in the Spring with a dinner and commemorative retrospective piece, perhaps in collaboration with CRM and others. She reminded the Council of the offer of Hamline University as a venue for such an event.
Jan advised that the RUAA sub-committee met in June and July and that the Section will be invited to attend the next meeting on August 3, 2005, in the Honors Room, MSBA Offices. Jan will send, by email attachment, the July 8, 2005, meeting summary of the last meeting to the Executive Council. The Summary details the goals of the committee and plan for accomplishing them.
We agreed to continue our discussion on August 30, including more detailed officer and Committee reports.
* Section Meeting Dates for 2005-2006:
Second Tuesday of September, 2005- May, 2006
September 13; October 11; November 8; December 13; January 10; February 14; March 14; April 11; May 9
* Executive Council Meeting Dates for 2005-2006:
First Tuesday of Section meeting months except September
August 30; October 4; November 1; December 6; January 3;
February 7; March 7; April 4; May 2
Submitted by Jan Frankman,
Section Chair and Secretary for the Day
ADR Section
February 14, 2005
Members Present: Ellen Abbott, Jan Frankman, Eileen Burnside, Ann Olson, Linda Close, Ken Fox, Micki Greenberg, Cathy Hayden, Mike Yalsbeck, Brian Ciccone, Phil Ytterberg, Paul Floyd, Bill Borchers, Darin Allen, Mike Hager, Sharon Lewis, Mel Ogurak, Dorothy Burg, Ed Scisom, Colleen Franklin, and Ed Anderson. Several out-state members were also present by telephone.
Call to Order: Section Chair Ellen Abbott called the meeting to order at 12:05 pm.
Approval of Minutes: Minutes of the January, 2005 section meeting were circulated, reviewed and approved as submitted.
Treasurer's Report. Mel Ogurak circulated a financial activity report for the six month's ending December 31, 2004. He reported that the section's year-to-date balance is $18,685.82. He further stated that the report does not reflect interest earned, but the next report will reflect interest earned to date. No formal action was taken.
Secretary's Report. Ellen Abbott reported that the current secretary has moved outside of Minnesota and there is a vacancy in the Secretary's position. She asked for volunteers who would be willing to fill this position through the end of the current year. In the mean time, temporary volunteers will fill in. Ken Fox is serving as secretary for the February meeting.
Nominations Committee Report. Jan Frankman, Chair-elect, is chairing the Nomination Committee. It is time to identify members who are interested in serving next year on various positions in the section. Interested members should contact Jan.
Ethics and Standards of Practice Report. Ken Fox reported that the Supreme Court has adopted changes to Rule 114, effective January 1, 2005. The new rules will be posted on the section web-site.
Legislative Committee: No report this month.
Membership Report. Brian Ciccone reminded those present that permanent name cards can be made for anyone who wishes. These name cards help people get to know one another.
Arbitration Report. No report this month.
Program Committee Report: Linda Close reported that in March, Ken Fox will present a program on the Application of ADR principles to three Middle East Civic Education projects. In April, the topic will be on construction dispute resolution. In May, the program will focus on collaborative law. In June, Eduardo Wolle, Aimee Gourlay and Mark McCrea will present a program on multi-culturalism at the state bar meeting.
Ellen Abbott announced that the four Minnesota law schools have scheduled a Networking Event for Thursday, February 17, 2005 at the MSBA office. The purpose of this event is to give law students practice and experience networking and to introduce them to members of the Bar. Immediately prior to the event, the students will have a short session on networking. MSBA members are encouraged to attend.
Ellen also announced that the MSBA President has asked our section to do some activity or event for Law Day on May 1 (which might be celebrated during the week of May 1 - 7 since the first is on a Sunday). The group discussed having a radio call-in panel and the need to generate additional ideas. One idea discussed for future years was organizing a "mediation" or "settlement" day in coordination with the local courts. Ken Fox reported that he had participated in similar activities in Oregon and they appeared to be well received. Additional ideas are welcome.
Jan Frankman announced that the current draft of the Model Standards of Conduct for Mediators is on the table and available for review. She gave a history of the standards, mentioning that it is a collaborative effort between the ABA, AAA and ACR (formerly SPIDR) that was first adopted in 1994. The current document is before the Board of the ABA and ACR. Jan talked about the current document and the reporter's notes, encouraging everyone to review them carefully. An on-line version of the document, including extensive (17 pages of) reporter's notes can be found at the following Ohio State University web site: www/moritzlaw.osu.oh.edu.
Linda Close introduced our guest speaker, Ed Anderson, who presented a detailed and engaging "Short-short Course on Arbitration for Practitioners."
The meeting was adjourned at 1:30pm
Respectfully submitted,
/S/ Ken Fox
Secretary pro tem
ADR Section
January 10, 2005
Attendance: Darin Allen, Donald J. Anderson, Jim Brehl, Brian Ciccone, Linda Close, Jan Frankman, Bill Funari, Joe Kenyon, Michelle Gullickson Moore, Ken Myers (by phone), Melvin Ogurak, Ann Olson, Tricia Pepin, Edward Russell, Dan Simon, Jeanne Stepanova, Peter Taylor, Dan Ventres, Gary Weissman, DePaul Willette,
Announcements: Chair elect Janice Frankman announced that Chair Ellen Abbott had been called away for an emergency. In addition, the scheduled speakers, Eduardo Wolle and Mark McCrea were unable to present due to illness. Frankman announced that we would devote the meeting time to discussion of programming and public education.
Treasurer's Report: Treasurer Melvin Ogurak provided a written report showing an ending treasury balance on November 30, 2004 of $18,652.55. He also stated that the approved minutes of the December meeting will be forwarded to Tim Giving, Director of Finance, MSBA so that a part of the treasury can be invested as directed in the December minutes.
Old Business: It was moved and seconded that the minutes of the December 13, 2004 meeting be approved. Darin Allen noted the need to correct his name in the minutes. DePaul Willette noted the omission of his name from the list of attendees. With these additions, the Minutes were approved.
New Business: Dan Simon discussed Joe Folger's February visit to the Twin Cities. Twin Cities Mediation has engaged Folger, an authority on transformative mediation, to present the topic: "Mediator Makeovers: Transformative Practice and the Limits of Style" on February 12th at the Hamline University Graduate and Law Conference Center. A copy of the notice of the presentation is attached to these Minutes. Joe will also appear on MPR the previous morning and attend a fundraiser from 5-7 in the evening, followed by a book signing at Barnes and Noble at 8:00 pm. Because there is a hole in Joe's schedule in the middle of that day, the Section discussed opportunities for participating. Ultimately, a motion was made seconded and carried to refer the matter to the Executive Council. The Executive Council is to determine the best way for the Section to interface with Joe's schedule.
Linda Close noted that the McCrea/Wolle program, which was cancelled because of illness, had been widely anticipated. Accordingly, effort will be made to reschedule the presentation. Yet to be firmed up is a lunch hour program on collaborative law, tentatively planned for May. Close announced that Ed Anderson will present on arbitration at the February meeting; Ken Fox is planning a March program on ADR in International Law; and Construction Dispute ADR is the April Topic. Discussion was had about the June annual meeting at the Bar Convention. Linda Close suggested that either the McCrea/Wolle program or the collaborative law program might work for the Bar Convention. Jim Brehl noted that the annual meeting is required to be held at the convention in June. However, attendance at the meeting is sparse. Brehl suggested that attendance would be even less if we failed to have a CLE at the meeting.
The Section then had a lengthy discussion about public education on the topic
of ADR. Joe Kenyon asked who the target audience will be for our educational
efforts. Kenyon suggested the need for clarity about audience and recommended
borrowing from other good models.
Dan Simon asked what the message will be, given the various forms of ADR practiced by neutrals. A number of opportunities for education were suggested including: participation in the WCCO weekly program with one of the ex-chief judges (Dan Ventres); setting up a speaker's bureau through MSBA or other groups with regular educational programs (Jim Brehl); working with local bar associations on cable coverage of programs in which local practitioners would have a part (Ken Myers); focusing our message on both the bar and the bench (Michelle Gullickson Moore); establishing a list serve through MSBA (Darin Allen); creating an interactive DVD or CD (Moore); presentation to State Conference of Judges, possibly as an alternative to the June convention presentation, though this raises By-Law issues (Brehl); expose local bars in rural areas to ADR opportunities by providing free or low cost services, which might entail CLE credit (Ken Myers/Dan Simon/Dan Ventres). DePaul Willette followed up on the Brehl suggestion to present at the Judge's conference and provided the name of Steve Forestal, secretary of the Judges Association, as a contact. The Judges normally meet just before the Bar Convention, according to Brehl. Law Day and the annual institutes of other MSBA sections may also provide programming opportunities. Funds may be available through ABA, MSBA and CRM for outreach programming.
Further discussion of the topic will occur at the Executive Council at its
February meeting.
ADR Section Minutes - March 8, 2004
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Joseph Kenyon at 12:00 p.m.
The following members and guests were present: Ellen Abbott, Donald Anderson, Brian Ciccone, Linda Close, Michael Fischer, Jan Frankman, Marilyn Groenke, Joseph Kenyon, Thomas Lovett, Cecilia Morrow, Mel Ogurak, Rebecca Picard, Ric Rosow, Dan Simon, Tobi Tanzer, Dan Ventres, and Ken White,
No Nominating Committee Report
ABA Award, looking for nominees.
Old Business:
No Old Business
New Business:
Dues will remain the same and Free for Students
Treasury Report:
No Report
Ethics and Standards of Practice Committee:
Linda Close reported that the ADR Review Board will finalize amendments at the March meeting.
Mediation Committee:
Marilyn Groenke is seeking newsprint to promote Mediation.
Arbitration Committee:
No Report
Program Committee:
Ellen Abbott announced April's meeting will be the Humphrey Fellows. They will talk about their legal systems and will evaluate our system. The June 10th meeting will be an ADR presentation at the MSBA Convention.
Membership Committee:
No Report
Publications Committee:
No Report
Legislation Committee:
No Report
"The Minneapolis Police Community Mediation Part II
The Community Unity Team"
By: Reverend Ian Bethel and Bill Means, the two Co-chairs of the Community Union Team. Mark Anderson, Executive Director of the Barbara Schneider Foundation.
ADR Section Minutes - February 9, 2004
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Joseph Kenyon at 12:00 p.m.
The following members and guests were present: Ellen Abbott, Donald Anderson, Anne Baldwin, Jim Brehl, Brian Ciccone, Linda Close, Michelle Fischer, Jan Frankman, Joseph Kenyon, Thomas Lovett, Charles Mays, Michelle Moore, Ric Rosow, Peter Taylor, Dan Ventres, Cynthia Waters, and Depaul Willette,
Joe Kenyon announced he will be putting together a nominating committee for Chair positions for next year.
Old Business:
Dan Ventres made a motion to approve the January 2004 meeting minutes. Seconded by Depaul Willette. Motion passed.
New Business:
No New Business
Treasury Report:
No Report
Ethics and Standards of Practice Committee:
No Report
Mediation Committee:
No Report
Arbitration Committee:
No Report
Program Committee:
Ellen Abbott said section proposed a one-hour credit CLE for the MSBA convention. The MSBA has not approved yet.
Membership Committee:
No Report
Publications Committee:
No Report
Legislation Committee:
Ric Rosow reported the MSBA requires that we demonstrate that other specific sections have no objection to the amendments we propose to the UMA.
"The Minneapolis Police Community Mediation Part I - The Police"
Presented by: Lt. Medaria Arradondo, Office Laura Turner And Glen Burt.
ADR Section Minutes - January 12, 2004
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Joseph Kenyon at 12:00 p.m.
The following members and guests were present: Ellen Abbott, Donald Anderson, Anne Baldwin, Art Benson, Jim Brehl, Brian Ciccone, Linda Close, John Dooley, Jan Frankman, Alaiu Frecon, Bruce Kennedy, Joseph Kenyon, Robert Langford, Thomas Lovett, Michele Moore, Mel Ogurak, Rebecca Picard, Ric Rosow, Linda Schneider, Peter Taylor, Dan Ventres, and Cynthia Waters.
No Announcements
Old Business:
Ric Rosow made a motion to approve the November 10, 2003 meeting minutes. Seconded by Dan Ventres. Motion passed.
New Business:
No New Business
Treasury Report:
No Report
Ethics and Standards of Practice Committee:
Linda Close reported that Gary Weisman presented the ADR councils proposed changes to Rule 114 at the December seminar.
Mediation Committee:
No Report
Arbitration Committee:
No Report
Program Committee:
Ellen Abbott asked for ideas for the MSBA convention program. Ellen also said February's program will be with the Minneapolis Police regarding community mediation. March's program will be on the community's side of mediation.
Membership Committee:
No report
Publications Committee:
No report
Legislation Committee:
No Report
"ADR Section Opportunity: Changes to Rule 114"
Headed by Linda Close with Section's input.
ADR Section Minutes - November 10, 2003
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Joseph Kenyon at 12:00 p.m.
The following members and guests were present: Ellen Abbott, Anne Baldwin, Linda Close, Andrew Dick, Jill Esch, Marilyn Groenke, Penelope Harley, Bruce Kennedy, Joseph Kenyon, Thomas Lovett, Charles Mays, Carole Megarry, Mel Ogurak, Rebecca Picard, Ric Rosow, Linda Schneider, Dan Simon, Maya Sullivan, Peter Taylor, Jim Vogel, Cynthia Waters, and DePaul Willette.
Penelope Harley announced a conference next week at Hamlin about "Growing the Connection." For more information, contact Penelope Harley, Post-graduate Fellow, Phone 651.523.2518, Fax 651.523.2236, Email email@example.com.
Old Business:
No Old Business
New Business:
A question was asked regarding the status of the Hendrickson fund. Joe Kenyon said he will check on the status of the fund.
Treasury Report:
No Treasurer Report
Ethics and Standards of Practice Committee:
Linda Close reported on proposed changes to Rule 114 and schedule for comment and input. Volunteer committee to meet next week to discuss proposed changes and again after the ADR Review Board meeting on November 21st.
Mediation Committee:
No Mediation Report
Arbitration Committee:
No Arbitration Report
Program Committee:
Ellen Abbott noted that the December and January meetings will be on Rule 114. Please contact her for input as to spring topics.
Membership Committee:
No Membership Report
Publications Committee:
No Publication Report
Legislation Committee:
Jim Coben reported the committee is working on a bill to repeal the Minnesota Mediation Act and amend provisions on confidentiality; will submit proposal to MSBA and get reactions from other sections.
"Mediation and Restorative Justice - Partnerships in the Making"
Speaker: Stephanie Barrnett-Erickson, J.D.
ADR Section Minutes - October 13, 2003
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Joseph Kenyon at 12:00 p.m.
The following members and guests were present: Ellen Abbott, Robert Awsumb, Anne Baldwin, Brian Ciccone, Linda Close, Heron Diana, Jan Frankman, Gary Hansen, Joseph Kenyon, Mark Labine, Thomas Lovett, William Majerus, Charles Mays, Mel Ogurak, Ric Rosow, Dan Simon, Ed Stringer, Dan Ventres, Cynthia Waters, and Depaul Willette,
Joe Kenyon announced that the ADR Institute will be held at the MN CLE Conference Center in Minneapolis, MN. The convention will be on Friday, October 24, 2003.
Joe Kenyon announced that the MSBA is holding a noontime CLE, "Law Firm Economics: Making Sense of the Numbers," with speaker Stephen (Peter) Peterson. Held at MSBA, Third Floor City Center, Minneapolis, MN. The CLE will be on Wednesday November 12, 2003.
Jan Frankman announced that a fund has been set-up for Rick Hendrickson, the attorney that was shot at the Hennepin County Court House. Donations can be sent to MSBA c/o "The Rick Hendrickson Fund" 600 Nicollet Mall, Suite 380, Minneapolis, MN 55402.
Old Business:
Dan Ventres made a motion to approve the September 2003 meeting minutes. Seconded by Jan Frankman. Motion passed.
New Business:
No New Business
Treasury Report:
Brian Ciccone Treasurer reported on the treasury report dated August 31, 2003.
Beginning Balance as of July 1, 2003 is $11,008.63. Total Revenue YTD is $5,372.50,
with Total Expenses YTD of $798.35, leaving an Ending Balance of $15,582.78.
Ethics and Standards of Practice Committee:
Linda Close reported that her committee will try and arrange a joint meeting in December of the ADR Review Board and the section to discuss Rule 114 changes. Her committee will ask the Board for a copy of the proposed changes in advance of the meeting so that they can hold a meaningful discussion with the Board about the proposals.
Mediation Committee:
No Report
Arbitration Committee:
Jan Frankman reported that her committee is comprised of six members and that they are currently working with the Senate regarding the revised version of the "Uniform Arbitration Act."
Program Committee:
Ellen Abbott reported on the possible topics for the up coming meetings and said the topic for next months meeting, Nov. 10, 2003, will be on "Restorative Justice."
Membership Committee:
No Report
Publications Committee:
No Report
Legislation Committee:
No Report
"New Tools for Mediating Cross-Cultural Disputes"
Speaker: David B. Hunt, J.D.
President and CEO of Critical Measures, LLC
ADR Section Minutes – September 8, 2003
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Joseph Kenyon at 12:00 p.m.
The following members and guests were present: Ellen Abbott, Frank Abramson, James Brehl, Brian Ciccone, Heron Diana, Harold Field, Michael Fischer, Jan Frankman, Douglas Green, Marilyn Groenke, Penelope Harley, Bruce Kennedy, Joseph Kenyon, Duane Krohnke, Robert Langford, William Majerus, Bobbi McAdoo, Michele Moore, Mel Ogurak, Rebecca Picard, Ric Rosow, Linda Schneider, Peter Taylor, Annette Toews, Dan Ventres, Cynthia Waters, and Depaul Willette,
Joe Kenyon announced that the ADR Institute will be held at the MN CLE Conference Center in Minneapolis, MN. The convention will be on Friday, October 24, 2003.
Joe Kenyon announced that the MN ACR Annual Conference will be held at the Earle Brown Center for Continuing Education in St. Paul, MN. The convention will be on Tuesday September 30, 2003.
Nancy Wallrich announced her organization, ProJustice Minnesota, is in need
of more volunteers to offer their services "pro bono." Her goal
is to increase the amount of volunteers by 500 in the coming year. Nancy can
be contacted by phone at 612.278.6313 or via email at email@example.com.
Treasury Report
No Report
Publications Committee.
No Report.
Legislation Committee.
No Report.
Old Business.
James Brehl made a motion to approve the May 2003 meeting minutes. Seconded by Dan Ventres. Motion passed.
New Business.
Joe Kenyon introduced the new board members and chairperson's for this year and asked each to briefly describe their committee duties.
Joe Kenyon asked for input from members for possible upcoming programs for the year.
There were two motions made during the program:
Motion 1) Ric Rosow moved that the Section recommend to the MSBA Board of Governors that the MSBA adopt and support as part of its legislative position the adoption of the "Minnesota Uniform Mediation Act" (which is the Uniform Mediation Act with amendments conforming to Minnesota law, practice and custom) as presented to the Section Sept. 8, 2003, including amendment to Minn. Stat. Section 595.02.
Seconded by Jan Frankman. Motion Passed.
Voting results: For (23), Oppose (1), Abstain (2)
Motion 2) Ellen Abbott moved to oppose the UMA as proffered by NCCUSL.
Seconded by Bobbie McAdoo. Motion Passed.
Voting results: (Unanimously)
"Measuring the Skid Marks"
UMA subcommittee members discuss recommendations for Minnesota's handling of the "Uniform Mediation Act."
Speakers: Jim Coben
Hamline Law School Professor
Conflict Management and Alternative Dispute Resolution Section
November 11, 2002
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Ric Rosow at 12:05 p.m.
The following members and guests were present: Frank Abramson, Robert Allen, Doug Amdahl, James Brehl, Brian Ciccone, Linda Close, Harold Field, Jan Frankman, Marilyn Groenke, Paul Johnson, Joseph Kenyon, Robert Langford, Thomas Lovett, Michele Moore, Mel Ogurak, Monica Phillips, Ric Rosow, Dan Simon, Jenelle Soderquist, and Cynthia Waters.
Ric Rosow announced that the ADR web-site is in need of improvements and that volunteers are needed to help improve the sites current layout.
Jim Brehl announced the Minnesota Association of Mediators CLE program will be held on December 13, 2002. The all day program will be held at Drover's Inn, located in South St. Paul.
Treasury Report
Brian Ciccone Treasurer reported on the treasury report dated September 30, 2002. Beginning Balance was $9,152, Total Revenue was $6,160, with Total Expenses at $1,1289, leaving an Ending Balance of $14,022.
Publications Committee.
No Report.
Legislation Committee.
No Report.
ADR Report.
Jan Frankman reported on the Uniform Arbitration Act. Jan provided a handout that was downloaded from the wed-site of the ULC, Uniform Law Commissioners, The National Conference of Commissioners on Uniform State Laws. A brief discussion regarding what position our section should take was held. Ric Rosow suggested that a subcommittee be assembled to review the matter further and report back to the section. Attendees agreed and a subcommittee will be assembled, led by Jan Frankman.
Old Business.
Judge Amdahl made a motion to approve the September meeting minutes. Seconded by Jim Brehl. Motion passed.
Jim Brehl made a motion to approve the October meeting minutes. Seconded by
Janelle Soderquist. Motion passed.
New Business.
"The Rubber Really Hits the Road"
Ric Rosow reported on the subcommittee's recommendations, the subcommittee was appointed at the October meeting.
After discussing the proposed recommendations Jim Brehl made the following Motion:
"That the Section recommend to the Board of Governors, that the Board take a position that the Minnesota Legislature not take action during the 2003 Legislative Session on the Uniform Mediation Act." Based on all the reasons stated in the handout presented by the subcommittee.
The Motion was seconded by Robert Langford. Motion Passed.
After discussion concerning future work of the subcommittee with respect to the Uniform Mediation Act and current Minnesota mediation last. Joseph Kenyon made the following Motion: "That the Committee would examine Minnesota law and the Uniform Mediation Act and make recommendation to the Section that would bring consistency and uniformity to Minnesota law governing mediation, whether through the Uniform Mediation Act as amended or through separate Minnesota Legislation".
The Motion was seconded by Michele Moore. Motion Passed.
Conflict Management and Alternative Dispute Resolution Section
October 14, 2002
A meeting of the Alternative Dispute Resolution Section of the Minnesota State
Bar Association was called to order by the Chair, Ric Rosow at 12:15 p.m.
The following members and guests were present: Ellen Abbott, Robert Allen, Doug Amdahl, Art Benson, Brian Ciccone, Jim Coben, Stephanie Erickson, Aimee Gourlay, Penelope Harley, Karen Hollaus, Thompson Ivory, Judy Johnson, Lucinda Jesson, Joseph Kenyon, Duane Krohnke, Robert Langford, Jodi Langhorst, Bill Norton, Mel Ogurak, Rebecca Picard, Monica Phillips, Ric Rosow, Linda Schneider, Dan Simon, Jenelle Soderquist, Peter Thompson, Cynthia Waters, and Victoria Westfall.
Ric Rosow announced that the ADR Institute is October 18, 2002 at Minnesota CLE
Treasury Report
No Report
Publications Committee.
No Report.
Legislation Committee.
No Report.
Old Business.
New Business.
"The Rubber Hits the Road - Time to Decide What to Do About the Uniform Mediation Act"
Speakers: Jim Coben and Peter Thompson
Hamline University
After the presentation the following motions were passed:
James Brehl made a motion that the Chair appoint a committee to make recommendations regarding what the sections position should be pertaining to the Uniform Mediation Act. Seconded by Art Benson.
Duane Krohnke made a motion to amend the motion. Duane's motion to amend was that the committee report on recommendations for amendments to UMA that were consistent with Minnesota custom, practice and culture.
The motion to amend the motion passed. The motion to approve the motion as amended also passed.
*Draft subject to member approval.
Conflict Management and Alternative Dispute Resolution Section
September 9, 2002
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Ric Rosow at 12:15 p.m.
The following members and guests were present: Robert Allen, Doug Amdahl, Donald Anderson, Brian Ciccone, Stephanie Erickson, Penelope Harley, Nicole Hines, Johnson Paul Owen, Joseph Kenyon, Jessica Kuchta-Miller, Dana Lasky, Janeen Massaros, Dan O'Connell, Rebecca Picard, Wayne Popham, Tracy Reid-Selth, Ric Rosow, Spencer Sokolowski, Jon Tuttle and Gary Weissman.
Ric Rosow announced that the October 14, 2002 meeting will be held at Hamline Law School, located in St. Paul.
Ric Rosow announced that the ADR Institute is October 18, 2002 at Minnesota CLE
Treasury Report
Brian Ciccone Treasurer reported on the treasury report dated June 30, 2002. Total Revenue was $6,529, with Total Expenses at $4,831, leaving an Ending Balance of $9,152.
Publications Committee.
No Report.
Legislation Committee.
No Report.
Old Business.
Janeen Massaros made a motion to approve the August meeting minutes. Seconded by Spencer Sokolowski. Motion passed.
New Business.
The dates for this year ADR Section meetings are as follows:
September 9, 2002
October 14, 2002
November 11, 2002
December 9, 2002
January 13, 2003
February 10, 2003
March 10, 2003
April 14, 2003
May 12, 2003
June 9, 2003
How to prepare your client for Mediation.
Speakers: Robert Hauer
Hauer, Farigione, Love, Love, Landy & McEllistrem
Dan O'Connell
Collins, Buckley, Sauntry & Haugh
Alternative Dispute Resolution Section Minutes
June 10, 2002
The Chair, James Brehl at 12:15 p.m, called a meeting of the Alternative Dispute
Resolution Section of the Minnesota State Bar Association to order.
The following members and guests were present: Doug Amdahl, Donald Anderson, James Brehl, Brian Ciccone, Jan Frankman, James Hardman, Judy Johnson, Joseph Kenyon, Duane Krohnke, Robert Langford, Ric Rosow, James Scott, Jennelle Soderquist, Cynthia Waters, and Victoria Westfall.
James Brehl announced June 28, 2002 - Mini ADR meeting in Duluth, at MSBA on mediating disputes in Multi-Cultural settings. Linda Close chairing session.
James Brehl announced nominations for officers.
James Brehl asked to please fill out CLE program evaluation.
James Brehl announced 40 more names on web site. "Select ADR.com" going live soon.
Treasury Report.
Brian Ciccone Treasurer, reported on the treasury report dated, April 2002. Total Revenue was, $6,529, with Total Expenses at $3,801, leaving an Ending Balance of $10,182.
Publications Committee.
Legislation Committee.
Old Business.
Last months Minutes approved.
Duane Krohnke, Moved
Ric Rosow, 2nd
Minutes Passed
New Business.
Avoidance and Resolution of Employment Disputes following Waffle House and other U.S. Supreme Court decisions.
Speaker: Judith Langevin of Gray Plant, Minneapolis, MN.
Alternative Dispute Resolution Section Minutes
May 13, 2002
The Chair, James Brehl at 12:15 p.m, called a meeting of the Alternative Dispute
Resolution Section of the Minnesota State Bar Association to order.
The following members and guests were present: Doug Amdahl, Robert Awsumb, Barbara Blackstone, Nancy Bode, James Brehl, Brian Ciccone, Linda Close, Jim Coben, Egwin Ngozi, Gary Hansen, Bruce Kennedy, Joseph Kenyon, Duane Krohnke, Mark Labine, Robert Langford, Lynn Leegard, Mary Martin, Michele Moore, Bill Norton, Jennifer Park, Rebecca Picard, Douglas Rose, Ric Rosow, Christine Scotillo, Peter Taylor, Daniel Ventres, Cynthia Waters, Susan Wiens and Gary Weissman.
Jim Brehl announced that the June 10, 2002 meeting will be held in Minneapolis at the MSBA office.
Jim Brehl announced that on June 28, 2002 there will be a Mini ADR meeting held in Duluth, Minnesota at the MSBA convention. The topic will cover mediating disputes in Multi-Culture settings.
Rebecca Picard announced in the Fall the ADR Institute will meet on October 18, 2002. For more information call 952.835.3688.
Mark Levine President of MAM, Minnesota Association of Mediators, announced their big event for the year is an Educational conference in December 13, 2002.
Treasury Report.
Brian Ciccone Treasurer, reported on the treasury report dated, March 2002. Total Revenue was, $6,529, with Total Expenses at $2,916, leaving an Ending Balance of $11,067.
Publications Committee.
Joe Kenyon reported on the status of the web directory. He reported that we still need more members to submit their Biography so that we can go live with the web directory. An email will be sent with the web-site address to make it easier for members to submit their bio info.
Legislation Committee.
No Report Given.
Old Business.
The minutes from the April 2002 meeting were presented. Ric Rosow moved to have minutes approved. Attendees approved minutes.
New Business.
Ric Rosow announced the new candidates for the up coming election for officers
in the ADR section. They are Joe Kenyon for Chair-Elect, Brian Ciccone for Secretary
and Treasury, Cynthia Waters for Ethics and Standards of Practice, James Coben
for Legislative Chair, Dan Ventres for Mediation Chair, Jan Frankman for Arbitration
Chair, Janeen Massaros for Membership Chair, Betsey Keyes for Program Chair,
and Publication Chair is pending.
Jim Brehl announced that our section donated $500.00 that was agreed upon at the April meeting, to the Habitat for Humanity.
Rebecca also announced that our section was asked along with ACR to put up a $1000.00 scholarship fund to be made available to those who qualify.
Justices James Gilbert and Edward Stringer will review the ADR Review Board and Rule 114 concerns, plus Supreme Court decisions involving ADR.
Alternative Dispute Resolution Section Minutes
April 8, 2002
The Chair, James Brehl at 12:15 p.m, called a meeting of the Alternative Dispute
Resolution Section of the Minnesota State Bar Association to order.
The following members and guests were present: Ellen A. Abbott, Doug Amdahl, Donald Anderson, James Brehl, Christine Cahill, Brian Ciccone, Jan Frankman, Gary Hansen, Sarah Hart, Paul Owen Johnson, Bruce Kennedy, Karen Koch, Robert Langford, Lynn Leegard, Ric Rosow, Edward P. Russell. Daniel Ventres, Victoria Westfall, DePaul Willette and Julie Wrase.
Jim Brehl announced that the May 13, 2002 meeting will be held in St. Paul at the Justice Center. Meeting will include a tour of the facility.
Jim Brehl announced that the June 10, 2002 meeting will be held in Duluth, Minnesota at the MSBA convention.
Treasury Report.
Brian Ciccone Treasurer, reported on the treasury report dated, February 2002. Total Revenue was, $6,504, with Total Expenses at $2,730, leaving an Ending Balance of $11,229.
Publications Committee.
Jim Brehl reported on the status of the web directory. He reported that we still need more members to submit their Biography so that we can go live with the web directory. Currently we only have about 36 submitted out of 360 members.
Legislation Committee.
No Report Given.
Old Business.
The minutes from the March 2002 meeting were presented. Dan Ventres moved to have minutes approved. Attendees approved minutes.
New Business.
Jim Brehl was requested by the MSBA to have our section donate $2,000.00 to the Habitat for Humanity. Jim recommended that $500.00 is more in line for the size of our section. Attendees agreed to a $500.00 donation from the ADR section.
ADR in Real Estate Documentation and Resolution of Disputes
Speakers: John Koneck, Fredrickson & Byron, Mpls.
Alternative Dispute Resolution Section Minutes
March 11, 2002
The Chair, James Brehl at 12:15 p.m, called a meeting of the Alternative Dispute
Resolution Section of the Minnesota State Bar Association to order.
The following members and guests were present: Ellen A. Abbott, Doug Amdahl, Donald Anderson, Frank Abramson, David S. Bennett, Art Benson, James Brehl, Brian Ciccone, Linda Close, Theresia A. Crisler, Stephanie Erickson, Leslie Goranson, Suzanne Grandchamp, Jane Hall, Judy Johnson, Paul Owen Johnson, Bruce Kennedy, Joseph Kenyon, Marilyn Lipschultz, Janeen Massaros, Jessica Kuchta-Miller, Michele Moore, Barbara Neilson, Judith Olson, Lawrence D. Olson, Jill Orenstein, Rebecca Picard, Charles A. Putzer, James Rogers, Ric Rosow, Edward P. Russell. Linda L. Schneider, Tim Staum, Daniel Ventres, Cynthia Waters, Gary Weissman, Victoria Westfall, and Daniel Wexler.
Rebecca Picard announced the ADR Institute meeting will be held on Friday, October 18, 2002.
Gary Weissman announced the Association of Conflict Resolution, an organization that was formed by merging three other ADR organizations and is now considered to be The National Organization for ADR, will hold their annually conference each year in the month of August. This year's location will be in San Diego, Ca.
Betsy Keyes announced that she will be leaving the MSBA within two weeks to pursue employment with U.S. Trust, located in St. Paul, Minnesota.
Treasury Report.
Brian Ciccone Treasurer, reported on the treasury report dated, January 2002. Total Revenue was, $6,466, with Total Expenses at $2,478, leaving an Ending Balance of $11,443.
Publications Committee.
Joe Kenyon reported on the status of the web directory. He reported that we needed more members to submit their Biography so that we can go live with the web directory. Currently we only have about 36 submitted out of 360 members.
Legislation Committee.
No Report Given.
Old Business.
No Old Business.
New Business.
No New Business.
Early Diversion to ADR, Pilot project in Hennepin County Family Court, Preliminary case research, reaction, and recent developments.
Speakers: Hon. Marilyn Justman Kaman, Hennepin County District Court.
Susan Cochrane, Hennepin County Family Court.
Ann H. McNattin, Psychologist and Mediator.
Ronald D. Ousky, Family Law Attorney and Mediator.
Karin L. McCarthy Attorney, Harriet Tubman Legal Center.
Alternative Dispute Resolution Section Minutes
December 10, 2001
A very brief meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by vice chair Ric Rosow.
Doug Amdahl, Donald Anderson, Brian Ciccone, Bruce Kennedy, Joseph Kenyon, Duane Krohnke, Janeen Massaros, Rebecca Picard, Ric Rosow, Daniel Ventres, Linda Schneider, Ellen Abbott, Linda Close, Harry Greenberg, Dan Ventres, Jerry Rotman, Laurie Nevers, Andrew Dick, Stephanie Erickson
Old Business.
A motion was made to approve the minutes from the November 12, 2001 meeting by Doug Amdahl and seconded by Dan Simon. The motion was carried.
Treasurer's Report.
Treasurer, Brian Ciccone, reported that as of the end of October 31, 2001 there was a beginning balance of $7,455 and with membership dues year-to-date a total revenue of $6,167; total expenses year-to-date were $1,757 which leaves an ending balance of $11,864.
Cynthia Waters, who is with the Cooperation for Children in Ramsey County, announced that there was a program/manager position recently posted for a sister pilot program in Sterns County. Cynthia stated that she had copies of the announcement for the position or that she could email anyone information regarding that position if they were interested.
Speakers: Jeanne Zimmer, Leslie Goranson, Michele Gullickson Moore, Dan Simon, Milt Thomas, Cynthia Campbell Waters - "The Joys and Perils of ADR with Pro Se Parties (panel presentation exploring the full range of pro se issues in mediation and arbitration)
Alternative Dispute Resolution Section Minutes
November 12, 2001
A very brief meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by vice chair Ric Rosow.
Art Benson, Jan Frankman, Gary Hansen, Bruce Kennedy, Duane Krohnke, Diane Lynch, Michele Moore, Ric Rosow, Jenelle Soderquist, Michael Hoffman, Ellen Abbott, Douglas Rose, JoAnne Lewellen, Dan Ventres, Michael Hyatt, Linda Schneider, James Magnuson, Barbara Blackstone, Judith Johnson, Melvin Ogurak, Gary Weissman
Old Business.
The minutes from the October 8th meeting were moved and approved.
New Business.
Ric Rosow announced that the president of the Bar Association with the council's backing has started a program called the 10 Percent Club. The Association wants all sections to increase their membership by 10 percent so they want each section to offer 3 credits of CLE between this time and January of 2002 that are free to new members. Ric asked if there was any objection from the members to participating in the 10 Percent Club. After hearing none, he stated that he would inform the Association that the Section would take part in the 10 Percent Club.
Speakers: James Coben and Peter Thompson - "The Uniform Mediation Act: A Final Analysis Before the 2002 Legislature Considers Adoption. It Will Affect Your Mediation Practice"
Alternative Dispute Resolution Section Minutes
October 8, 2001
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Jim Brehl..
The following members and guests were present: Ric Rosow, Bill Majerus, Doug Amdahl, De Paul Willlette, Andrew Dick, Bill Norton, Nathan Allen, Andrew Sloss, Robert Eckhardt, Cynthia Waters, Rebecca Picard, Douglas Rose, Barbara Blackstone, Linda Schneider, James Rogers, Ed Anderson, Steve Antolak, Bruce Kennedy, Stephanie Erickson, Gary Weissman, Rol Faricy, Jim Brehl, Brian Ciccone
The following announcements were made by Chair, Jim Brehl:
" A seminar regarding mediating of land disputes held by the Lincoln Institute of Land Policy, Cambridge, MA will be held at the University of Minnesota, Humphrey Institute on November 1 and 2 dealing with the problems of mediating disputes that may involve zoning and other real estate aspects, community activities, etc.
" On 10/22/01 ADR Institute presented by the State Bar CLE, cosponsored by the ADR Section will be conducted at the Law Center.
" Next month Ric Rosow will be chairing the meeting on November 12th and there will be a session on the prospective new Uniform Mediation Act. It is important for members to be present because of the need to work out whether or not there is a consensus position on that because of the legislative session coming up and the timing, the processes that need to be run through within the Bar Association in order for the Bar Association as a whole to take a position.
" The Bar Association is in the process of preparing a web page and directory that members of the Section can take advantage of and have their resume put on the computer accessible through the Bar Association. Joe Kenyon has been working extensively with staff and it is anticipated that will be presented at the next meeting or perhaps some presentation at the ADR Institute.
" Volunteers are needed for the following: A reporter to the Bench and Bar about ADR matters and someone to deal with the Wisconsin Bar, a committee there has requested input from the Minnesota State Bar about the use of arbitration in lieu of litigation and the guidelines for that. There will be a mini convention at the State Bar convention and members of the Section will be involved with the planning and work on that and matters which come up. The Section is need of help in planning programs for the spots that are left open.
" Minnesota ACR will have a dinner meeting event on Monday the 29th regarding arbitration.
"ADR in Minnesota - As I See It" by Marshall Tanick of Mansfield Tanick & Cohen, P.A.
*Draft subject to member approval.
Alternative Dispute Resolution Section Minutes
September 10, 2001
A very brief meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by vice chair Ric Rosow.
Jim Coben, William Majerus, Frank Abramson, Gary Hansen, Ellen Abbott, DePaul Willette, Daniel B. Ventres, Jan Frankman, Cynthia C. Waters, Klara Huesers, Linda Schneider, Andrew Dick, Linda Close, Ric Rosow, Rebecca Picard, John Wolf, Owen Johnson, LT Benson, Douglas Rose, Judith H. Johnson, Robert Langford, Douglas Amdahl, Stephanie Erickson, Joseph Kenyon
Ric Rosow reminded everyone about the ADR Institute coming up on October 22. Ric announced that Jim Brehl has had contact with the Wisconsin State Bar Association who is interested in having someone from our Section be a liaison between their group and our group on guidelines for arbitration. Ric asked for a volunteer for this and stated that it would be ideal if there was someone in our Section that was also licensed in Wisconsin. Ric announced that in about a month the ADR web site through the Bar Association would be up and running.
Speaker: The Honorable Myron S. Greenberg - "Settle That Sucker"
*Draft subject to member approval.
Alternative Dispute Resolution Section Minutes
May 21, 2001
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by chair Rebecca Picard.
Donald Anderson, James Brehl, Brian Ciccone, Andrew Dick, Judy Johnson, Duane Krohnke, Rebecca Picard, Ric Rosow, Jenelle Soderquist, Cynthia Waters, Roger Williams
Publications Committee.
Rebecca stated that there had not been much traffic on the list serve and asked if anyone had any thoughts about that. A discussion followed.
Membership Committee.
Cynthia Waters reported on the status of this committee - asked for suggestions on how to bring more people into the Section.
Legislation Committee.
Duane Krohnke had a hand-out available and reported on the status of the Uniform Arbitration Act 2000 and other ADR bills.
Old Business.
Jim Brehl made a motion to approve the minutes of the April meeting and it was seconded by Jenelle Soderquist. Motion carried.
Rebecca Picard reminded everyone about the Habitat for Humanity project on 6/15/01.
Judith Johnson gave an update on the status of the mini convention with the Labor and Employment Law Section to take place on 6/22/01.
New Business.
Jenelle Soderquist reported that the slate of officers would be:
Chair Elect - Ric Rosow
Legislation - Jim Coben
Publications - Joe Kenyon
Secretary/Treasurer - Brian Ciccone
Mediation & Ethics and Standards of Practice - Bob Langford
Arbitration - Judith Johnson
Membership - Cynthia Waters
A motion was made by Duane Krohnke to approve the slate of officers and it was seconded by Jim Brehl. Motion carried.
A discussion followed concerning raising the awareness of the Section and getting more people involved in the Section.
Alternative Dispute Resolution Section Minutes April 16, 2001
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by chair Rebecca Picard.
(This information was unavailable.)
Publications Committee.
Joe Kenyon reported on the status of the web page. Joe reported that the committee is in the process of setting up the domain name of Select ADR and that the web page will offer the capability of doing word searches and enable members to put in quite a bit of information about themselves, their credentials, offer a map of their location and a place for a picture if someone wanted that. Joe reported that he would be talking to Dick Erickson regarding a launch date.
Ethics and Standards of Practice.
Rebecca Picard reported that a letter did go out with the final comments on it concerning the Uniform Mediation Act draft. Copies were made available for anyone interested in having a copy.
Legislation Committee.
Duane Krohnke reported that the Uniform Arbitration Act has passed committees in both houses and to his knowledge is on its way to passage. Duane stated that someone on the staff of one of the committees told him that our Sections involvement and endorsement of the bill was very useful. Looking ahead to the Uniform Mediation Act, Duane stated that he feels if that ever becomes a live issue in the Minnesota legislature that the Sections viewpoint on that would have an influence.
Duane reported that the landlord/tenant pretrial and mediation program is not going to be a live issue for this session. He stated that there is a new bill put in for money for the third and fifth judicial districts to have an ADR program. He talked with someone in the State Court Administration Office and there is a major budgetary problem so that if this money comes out of the judiciary core budget its not a good idea, but if somehow additional money can be found to do that, then its a good idea. Duane moved that the Section endorse Senate file 2297, House File 2426 on the express condition that the funding for the ADR programs in these judicial districts would not come out of the judiciary core budget for its ongoing services. Seconded by Judge Doug Amdahl. Motion carried.
Old Business.
Jim Brehl made a motion to approve the minutes of the March meeting and it was seconded by Doug Amdahl. Motion carried.
Betsy Keyes reported that the Habitat for Humanity project has scaled down and that only about 10 people would be needed. Rebecca Picard reported that because of this we were probably in pretty good shape as far as the amount of people signed up, but all are welcome to participate. Betsy stated that there were open days on May 9th and June 14th when help was also needed and gave the location of the house and directions.
Rebecca Picard reported on the June 22 mini convention in conjunction with the State Bar convention. She stated that since we are doing it in conjunction with the Labor and Employment Law Section this year that our business meeting would be at the end and the only business would be the election. Jim Brehl reported that as a result of attendance by members at the mini convention they are also welcome to attend the reception which is a large gathering of judges and members of the Bar. Betsy Keyes reported that this is held on Thursday evening about 6:00 or 6:30 and will go until 7:30 or 8:00.
New Business.
Rebecca Picard reported that according to the Section bylaws we were supposed to have a slate of officers for the June election last meeting in March and that a nominating committee has not even been formed yet. Rebecca asked if anyone present was willing to be on and/or chair a nominating committee. After no response she asked Bruce Kennedy if he would be willing to be on the nominating committee. Bruce stated he would think about it.
Rebecca Picard announced:
- The date for the Minnesota ADR Institute is Monday, October 22
- The ACR organizations annual convention is in Toronto on October 10th to 13th
- ABA Dispute Resolution Section annual conference in Washington DC (ten days to two weeks from the date of the meeting) would feature a lecture on whether election 2000 could have been mediated and a key note by Dennis Ross about the Middle East peace process
The Honorable Magistrate Luz Maria Frias spoke on the Cultural Aspects of Mediation in the Latino Community.
Dispute Resolution Section Minutes
March 19, 2001
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by chair elect, Jim Brehl.
The following members and guests were present: J. Aron Allen, David Allgeyer, Doug Amdahl, James Brehl, Brian Ciccone, Nadia Dimitrov, Robert Eckhardt, Harold Field, Eric Forsberg, Jan Frankman, Mark Ginder, Martin Ho, Bill Hull, Darrell Jensen, Judy Johnson, Paul Johnson, Erin Kelly, Joseph Kenyon, Duane Krohnke, Robert Langford, John LeFevre, Bobbi McAdoo, Anne Miller, Kristen Olsen, Nelson Peralta, Earl Reiland, Ric Rosow, Richard Snyder, Sue Stinglex, Daniel Ventres
Publications Committee.
Joe Kenyon reported on the status of the web directory. He reported that there has been a little delay in doing the directory but that he was told that by Wednesday a pilot of the web referral page would be available to be seen. He also reported that they were looking at coming up with a very specific domain name that allows people to go to the web page and look up ADR neutrals.
Legislative Committee.
Duane Krohnke reported that there are two bills in the current session of the Minnesota Legislature that relate to ADR. Duane reported that one bill is to adopt in Minnesota the Uniform Arbitration Act 2000 and since the Section previously has gone on record in favor of that he wrote a letter to Senator Myron Orfield supporting his bill. Duane reported there would be a hearing concerning this bill on 3/20/01 at 9:00 a.m. and that he would try to be there. The other bill Duane reported on was Senate File 1088 Companion 1837 in the House relating to landlord and tenant prefiling mediation programs. Duane stated that his initial reaction to this bill is that it doesnt really make sense in Minnesota for several reasons and stated those reasons and that he felt that its something that the Section should not support.
Ethics and Standards of Practice Committee.
Jan Frankman commented that she was part of a conference call and that there was a review of the final draft of the UMA.
Treasurers Report.
Brian Ciccone reported that as of January 31st the total revenue is $7,174 with total expenses being $3,215 , leaving an ending balance of $13,263.
Old Business.
Ric Rosow made a motion to approve the minutes of the February meeting. Seconded by Dan Ventres. The motion was carried.
Jim Brehl stated that at the last meeting there was mention of the possibility of a dues increase or at least the need on the part of the Section to tell the State Bar by April 1st whether or not the Section was going to seek to raise the dues for the Section from $25 upward. There was no motion made to increase the dues so the matter was passed on to next year.
Jim Brehl reported that Rebecca Picard had indicated that a number of people have signed up for the Habitat for Humanity Project on June 15th but that there was a need for further people from the Section to fill out the staffing that day. Anyone needing further information is to contact Betsy Keyes.
Jim Brehl announced that the ADA Sections annual conference will be held April 26th through April 28th in Washington, D.C. Jim also announced that the State Bar convention would be held in St. Paul on June 22nd. He reported that there would be a mini convention involving the Section that will be held in conjunction with the Labor and Employment Law Section.
Guest speakers were the Honorable James Rosenbaum and Chief Magistrate Judge Franklin Noel.
February 26, 2001
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair-Elect Jim Brehl at 12:18 p.m.
The following members and guests were present:
Donald Anderson, James Brehl, Brian Ciccone, Jim Coben, Robert Eckhardt, Elizabeth Keyes, Bill Norton, Ric Rosow, James Scott, Daniel Ventres, Mark Selness, Joe Nelson, Richard Busch, Eric Witte, Patricia Winget, Jennifer Park, Stephen Shakman, Lea Speeter, Scott Simmons, John Wachtler, Steve Hoge, Terrilyn Diamond, Matt Lundeen, Jessica Sarsozo, Jacqueline Boeke, Gary Hansen, Susan Roth, Richard Meyers, Richard Hansko, Jeff Stephenson, Lenny Axelrod, Steve Greenhalgh, Paula Vraa, Alison Midden, Peter Taylor, Mary Wermuth, Judy Johnson, Kim Oliver, Anne Hoefgen, Larisa Vishkovetxky, Katherine Johnson
Jim Brehl announced that Rebecca Picards mother had passed away suddenly in an accident and that Rebecca was out of town because of that.
A motion was made by Ric Rosow to approve the January minutes and seconded by Bill Norton. Motion passed.
Jim Brehl reminded everyone about the Habitat For Humanity project that the Section was going to participate in on Friday, June 15. Anyone having questions about how to sign up is to contact Betsy Keyes.
Jim Brehl announced that Judith Johnson is coordinating the Sections participation in June at the Bar convention and that there will be a mini convention on June 22 in conjunction with the labor and employment law section.
Jim Brehl announced that Section brochures are available through Betsy Keyes and encouraged members to distribute them to anyone interested in the Section.
Betsy Keyes updated everyone on the status of the web page. She reported that it is currently in the hands of an outside vendor who is designing the search engine. The finish date is early this spring, April or May.
Jim Brehl announced that Rebecca Picard had attended a meeting in New Orleans dealing with the Uniform Mediation Act. In her absence, Jim Coben gave a report on what occurred there. Jim Brehl announced that there was a handout available which is a copy of the late draft of the Uniform Mediation Act as it stands. Anyone with particular concerns about the Uniform Mediation Act at this time could contact Betsy Keyes for a copy of this draft and then contact Jim Coben or Rebecca Picard with their input.
Jim Brehl announced that the Section has to decide by April 1 whether or not the Section is going to advise the State Bar to increase the Section dues. The current dues are at $25.
Jim Brehl announced that the ABA Dispute Resolution Annual Conference is April 26 and 28 in Washington, D.C. There will be a lecture on whether election 2000 could have been mediated and the keynote will be by Dennis Ross about the Middle East peace process and the process being used there and whether the mediation program approach would be helpful and/or what parts may be utilized there by the people involved.
Treasurers Report.
Brian Ciccone reported as of December 31, 2000 total revenue was $7,087 with expenses being $2,796 leaving an ending balance of $13,595.
The featured speaker was Richard Busch, Faegre & Benson who has extensive experience in alternative dispute resolution with federal agencies, including the CIA, the National Security Agency, the Defense Intelligence Agency, FBI and other top-secret agencies.
Alternative Dispute Resolution Section Minutes
January 22, 2001
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Rebecca Picard at 5:13 p.m.
The following members and guests were present:
Doug Amdahl, James Brehl, Brian Ciccone, Jim Coben, Duane Krohnke, Rebecca Picard, Ric Rosow, Jenelle Soderquist, Daniel Ventres, Cynthia Waters, Robert Eckhardt, Daniel Duty, John Shulman, Allan Klein, Judith Olson, Donald Anderson, R. Joshi, Joan Humes, Greg Brooker, John Wolf, Judith Johnson, Aimee Gourlay, Teddy Copley, Omar Syed, Ciro Micka, Christina Clark, Debra Cahouse, Martin Ho, Laura Kadwell, Allen Giles, John Shulman, Steve Liss
Rebecca Picard announced that the meeting would be short and consist mostly of announcements so that the program could be started quickly.
A motion was made by Dan Ventres to approve the December minutes. Seconded by Duane Krohnke. Motion passed.
Announcements were made by Rebecca Picard regarding the following:
The list serve has been set up under the name adr-talk. Members must take action to subscribe and email to firstname.lastname@example.com.
Any members not receiving notice of meetings via fax and email should contact Sue Bores at 612.278.6323.
The Section brochures with the new name on them are available. Anyone
who is a trainer or does talks on ADR
topics is encouraged to take a stack of brochures and distribute them.
In December the Section voted to give a thousand dollars and one day of time to the MSBA Habitat for Humanity project. The Section asked that their day be in May or June. No information has been received regarding the day as of yet. Ric Rosow has volunteered the use of his staff to organize the sign-up for this. It was asked that anyone interested in volunteering email Lori (Rics assistant) at firstname.lastname@example.com or fax her at 612.349.6718.
The June mini convention in conjunction with the Labor and Employment Law Section will be Friday, June 22 from 9:00 to noon. Three US Supreme Court cases affecting arbitration will be reviewed. Lloyd Zimmerman, newly appointed to the Hennepin County bench, is the chair of the Labor and Employment Section. Jim Coben and Rebecca Picard have agreed to work on the committee, but a chair is needed for this effort. Anyone interested in chairing or serving on the committee should contact Rebecca Picard.
Due to continuing concerns regarding some pretty big loopholes in the confidentiality of the Uniform Mediation Act and Bob Tennessees indication in December that opposition should be expressed in the drafting stage and not later, Rebecca will be attending the drafting committees final meeting as a representative from the Section. Because the issue came up rather quickly and it was necessary to make reservations, the executive committee approved funds to send Rebecca to the meeting which will be held February 9, 10 and 11 in New Orleans. Anyone with input was encouraged to contact Rebecca Picard or Jim Coben.
The ABA Dispute Resolution Section annual institute in Washington D.C. is April 26, 27, 28. A number of Minnesota presenters will be there including Rebecca Picard and Jim Coben.
It was announced that Jim Coben who is chair of the Dispute Resolution Section of the Association of American Law Schools received a recent promotion. He is now director of the Institute for Dispute Resolution at Hamline.
An announcement was made urging members to fill out the green evaluation form regarding feedback on the programs.
New Business.
No new business was discussed.
The topic of the program was The Minneapolis School Desegregation Case; Litigating and Mediating High Profile Public Policy Issues and was moderated by Duane Krohnke. The featured speakers were: Allen Giles, John Shulman and Steve Liss.
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Rebecca Picard at 12:15 p.m.
The following members and guests were present: Donald Anderson, Doug Amdahl, Teddy Copley, Robert Demay, Jan Frankman, Joseph Kenyon, Richard Lareau, Mary McCormick, Bill Norton, Leslie Novak, Deb Oberlander, Rebecca Picard, Jenelle Soderquist, Paul VanValkenburg, Gary Weissman, Dave Zubke.
Rebecca Picard announced that the MSBA has committed to organize a Habitat for Humanity project in conjunction with all kinds of legal organizations, nonprofits, law firms, sections and committees and asked the members if they would like to be involved. After discussion, a motion was made by Bill Norton to commit to one day and $1,000, with the stipulation that our day be in May or June and the possibility of contributing more time if it appeared that would be warranted. The motion was seconded by Jan Frankman. Motion passed.
Rebecca Picard announced that as announced last time Kent Wagner has accepted a position with the Institute for Court Management in Williamsburg, Virginia and that he would be sent a letter of appreciation.
Rebecca Picard announced that she had exchanged voice mails with Floyd Zimmerman who is chair of the Labor and Employment Law Section and that he agrees it would be an excellent idea for the two Sections to collaborate on a mini-Convention on June 22 in conjunction with the MSBA Annual Convention. She stated that Jim Coben and herself would be working on that but that neither of them should be the chair. Rebecca asked that anyone interested would e-mail her or call Betsy and volunteer.
Rebecca Picard announced that the consolidated organization of SPIDR, AFM and CrNet has chosen the new name of Association for Conflict Resolution. After legal checks, if that is not available the new name will be Association for the Advancement of Conflict Resolution. Rebecca stated for anyone who is interested in the issue of mediator credentialing, there is going to be a series of articles on that topic kicked off with an article by the woman who chaired the effort on behalf of the Academy of Family Mediators to look at credentialing. Anyone interested can log on to www.keybridge.org.
Rebecca Picard also announced that the Section brochure would be available soon and she would urge any members who do training or are in a law firm where people are doing ADR to pick up some brochures and spread the word about the Section.
Publications Committee.
Joe Kenyon reported on the status of the web directory. He reported that he had a conversation with the programmer and has an agreement with Blue Earth Internet to complete the programming on the ADR search web page started by Bill Norton last year. Joe reported that it was brought up that to really be effective as a destination point the Section should come up with a domain name that they actually buy and license as soon as possible. Rebecca Picard asked that anyone with suggestions for a domain name would e-mail their suggestion to Joe as soon as possible.
Legislation Committee.
Rebecca Picard reported that the MSBA Board of Governors passed the resolution in support of RUAA and of having the MSBA lobbyists support the Revised Uniform Arbitration Act. She also reported that as far as the Uniform Mediation Act goes, they have just come out in the past couple of days with a new draft which does cover some of the holes in the exception to confidentiality.
Old Business.
Doug Amdahl made a motion to approve the November meeting minutes. Seconded by Bill Norton. Motion passed.
New Business.
Jan Frankman volunteered to pass on appropriate information from ADR World if the Section would take out a subscription. Bill Norton made a motion that the Section subscribe to ADR World and to have Jan Frankman take care of the details. Seconded by Gary Weissman. Motion passed.
Robert Tennessen with the law firm of Gray, Plant, Mooty, Mooty & Bennett, P.A., made a presentation entitled The Revised Uniform Arbitration Act (RUAA)
How Will It Affect Your Practice?
Conflict Management and Dispute Resolution Section Minutes November 20, 2000
A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Rebecca Picard, at 12:15 p.m.
The following members and guests were present: David Allgeyer, Donald Anderson, Bob Awsumb, Mary Carroll, Daniel Duty, Charles Frisch, Bill Hannon, Bruce Kennedy, Joseph Kenyon, Doug Amdahl, Art Benson, James Brehl, Brian Ciccone, Andrew Dick, Harold Field, Paul O. Johnson, Michael Landrum, Robert Langford, Janeen Massaros, Marilyn McKnight, Michele Moore, James Noonan, Bill Norton, Rebecca Picard, Lavern Pritchard, James Rogers, Ric Rosow, James Scott, Dan Simon, Daniel Ventres, Jessica Ware, Cynthia Waters, Gary Weissman and MSBA Staff Person Elizabeth Keyes.
Janelle Soderquist reported on a collaborative ADR working group. One of the things they've done is pull together all the statutes that they can find that pertain to ADR and are researching them to find out what programs are involved, who pays for them, and whether the statutes conflict. Janelle also reported that she and Jim Coben met with legislative research staff from the Senate, from the House and from the Revisor's office and did an overview of ADR and some of the implications of using mediation for legislation or arbitration. The Revisor's staff welcomed the information.
Rebecca Picard reported that she and Jim Coben on behalf of the section did a brief presentation at a brown bag lunch with Hennepin County judges and that it was well received.
Michele Moore reported that she had fliers for the Minnesota Association of Mediators annual meeting on December 14th and also the firesale training on December 15th both of which are featuring nationally know speaker, author and trainer Forrest Mosten. She encouraged everyone to attend and mentioned that the annual meeting opened up this year to other organizations and is not just MAM.
Rebecca Picard reported that Kent Wagner who was staff to the ADA review
board and has been very supportive of ADR efforts, has accepted a position
at a non-profit organization in Williamsburg, Virginia that provides judicial
education nationwide. Janeen Massaros made a motion that the section recognize
Kent's contributions in the field of ADR in the past. The motion was seconded
by Janelle Soderquist and Gary Weissman and was passed.
Publications Committee.
Rebecca Picard reported that the publications committee was working on the web directory, which is going to take two or three months to get up, and they're meeting with the technical people soon. They are anticipating a budget of between four and five thousand dollars. The officers talked about starting a list serve, but there will be rules on how it is to be used. It is not to be used for advertising and there will be an e-mail sent. Because some people are getting overwhelmed with e-mails, this is going to be on a voluntary basis.
Rebecca Picard also reported that the officers have decided that "ADR alerts" should be used only for high profile cases, ethical opinions and policies, particularly those that would be of interest in Minnesota. But if there are things on the national scene that are of wide interest, anybody can contribute to those ADR alerts. Anyone contributing an ADR alert should e-mail it to Betsy. Joe Kenyon will be the editor of these before they go out to the group as a whole. That will not be a voluntary subscription, everybody who is a member of the section will receive it.
Membership committee.
Rebecca Picard reported that there was a green evaluation form available and asked that everyone take a few minutes to fill that out.
Legislative committee.
Rebecca Picard reported that the MSBA lobbyist is expected to lobby on our behalf for the Revised Uniform Arbitration Act.
Ethics and Standards and Practice Committee.
Rebecca reported that Jim Coben is working on the letter to the NCCUSL folks regarding the UMA draft.
Treasurer's Report.
Brian Ciccone reported the most recent financial statement is dated September 30th and that has an ending balance of July 1, 2000 of $9,304, that since there has been additional revenue through membership dues of $6,824 with miscellaneous expenses including some catering, administrative fees, in-house charges of $770 with an ending balance as of July 1 of $15,358.
Old Business.
A motion was made by James Rogers to approve the September minutes and seconded by James Noonan. A motion was made by James Rogers to approve the October minutes and seconded by James Noonan.
Rebecca Picard stated that there was a motion made in October for a name change to either Alternative Dispute Resolution Section or the Dispute Resolution Section. After discussion by the group, a vote was taken, 14 voting yes and 16 voting no for Dispute Resolution Section and 20 voting yes and 2 voting no for Alternative Dispute Resolution Section. A motion by Dan Ventres and seconded by James Rogers to change the name to Alternative Dispute Resolution Section carried.
The topic of the program was ADR Practice Management. Bob Awsumb, Michael Landrum and Marilyn McKnight shared their knowledge and expertise on how they manage their individual ADR practices. The session was moderated by Ric Rosow.
Conflict Management and
Dispute Resolution Section Meeting
May 25, 2000*
*Draft subject to member approval
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Jenelle Soderquist, at 12:15 p.m.
The following members and guests were present: Cathy Anderson, Ed Anderson, Brian Ciccone, Andrew Dick, Jan Frankman, Charles Frisch, Joseph Kenyon, Duane Krohnke, Diane Lynch, Bill Norton, Rebecca Picard, Ric Rosow, Dan Simon, and Dan Simon.
Program: Recent Legislation.
Jenelle Soderquist asked, in light of the presenters scheduled, that the program be moved to the top of the agenda. Ed Anderson reported on the activities of the recently adjourned legislature. A complete transcript of comments will be available to the Section by e-mail.
Secretary's Report.
The minutes of April 29, 2000 were presented. Upon motion duly made and seconded the minutes were approved.
Treasurer's Report.
The Treasurer reported that income year-to-date is $5,217.00; expenses year-to-date are $2,006.97; and the Section has a balance of $10,739.75. Upon motion duly made and seconded, the Treasurer's Report was accepted.
Ethics Committee Report.
Rebecca Picard reported that the deadline for responding to the Supreme Court on the draft Code of Ethics is June 15, 2000. Rebecca noted that one substantial change is being recommended is with respect to the appeal process. Currently, the draft Code allows only the neutral to appeal and it is recommended that both parties be allowed to appeal.
Arbitration Committee.
Duane Krohnke announced that the new revised Uniform Arbitration Act is on the website.
Publications Committee.
Bill Norton reported that the committee is going forward with the Internet Directory. It will be several months before the Bar Association is able to place the Directory online. All members will receive a letter and a form to fill out in order to be listed on the Directory. There will be no extra charge to Section members for this service. The anticipated target date for completion is September, 2000.
The slate of candidates recommended by the Nominating Committee will be presented for election at the Annual Meeting. Jenelle Soderquist opened the meeting to receive nominations from the floor. None were made.
The next meeting will be held in connection with the Minnesota State Bar Association Convention in Duluth on Thursday, June 22, 2000.
There being no further business to come before the Section, the meeting was duly adjourned.
Respectfully submitted,
Ric Rosow
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Jenelle Soderquist, at 12:15 p.m.
The following members and guests were present: Doug K. Amdahl, Art Benson, James W. Brehl, Brian Ciccone, Andrew Dick, Joseph Kenyon, Duane Krohnke, Robert Langford, Diane Lynch, Michele Moore, Bill Norton, Mel Ogurak, Rebecca Picard, James D. Rogers, Ric Rosow, Dan Simon, Daniel Ventres, Jessica Ware, Cynthia C. Waters, Michael Watts, James D. Scott, Richard A. Schutta, Randall Graff, Marilyn Justman Kaman, Chuck Lentz, James Dickinson, Linda Wray, Bob Weiner, Dan Simon, David Kelly, Bruce Kennedy, Sonja Peterson, Cynthia Stricker, Christina Huson, and LaVern Pritchard
Secretary's Report.
The minutes of March 16, 2000 were presented. Upon motion duly made and seconded the minutes were approved.
Treasurer's Report.
There was no Treasurer's Report.
Nominating Report.
The Nominating Committee recommended the following individuals to fill Section officer positions for the 2000/2001 year:
Chair Rebecca Picard
Chair-Elect Jim Brehl
Vice-Chair-Legislation Duane Krohnke
Vice Chair-Publications Joe Kenyon
Secretary/Treasurer Brian Ciccone
Program Ric Rosow
Ethics Jim Coben
Upon motion duly made and seconded, the recommendation of the Nominating Committee was approved.
Ethics Committee Report.
Rebecca Picard reported that the Commissioners will be taking another year before promulgating a proposed Uniform Mediation Act. Rebecca further announced that a final draft of a Code of Ethics Enforcement Procedure was submitted to the Supreme Court. The Court will be taking comments through June 2000. The Ethics Committee will hold a meeting May 22, at 12:00 noon at Rebecca's offices to review a final draft of comments to be submitted to the Supreme Court.
Mini-Convention Report.
Michele Moore reported on details for a panel discussion addressing how the media portrays mediation. In addition to the panel, the seminar will feature video clips from various television shows including Star Trek and an interview Jane Pauly conducted with mediators. Each of the video clips portrays dispute resolution and will be the catalyst for discussion by the panel.
Publications Committee.
Bill Norton reported on the form of directory proposed for the Section. Bill presented the draft and asked for comments, especially in the "Practice Areas" list. Bill demonstrated via computer how the system will work when up and running. The directory will be a benefit at no charge to members.
The next meeting will be held May 25, 2000 rather than May 18. The topic will be legislative report.
The National Association of Security Dealers is looking for arbitrators and mediators and those interested should contact Jenelle Soderquist.
Area law schools are seeking speakers who have experience as neutrals.
Duane Krohnke reported on recent caselaw and statutory developments. The civil litigation of the Bar Association has promulgated language to be incorporated into state court summons to comply with Minn. Stat. § 543.22. The draft language was distributed at the meeting.
In addition, Krohnke reported on a New York case interpreting the Minnesota Sales Representative Act, holding that the statutory provision under Minn. Stat. § 325E.37 Subd. 5(a) violated a manufacturer's Seventh Amendment right to a jury trial where there was no arbitration agreement. As a result, the court enjoined a pending Minnesota arbitration which had been commenced by the sales representative.
ADR: A View from the Bench. Judge Steven Aldrich, Hennepin County, Judge James Dickenson, Ramsay County, Judge Gary Larson, Hennepin County, and Judge Marilyn Justman Kaman, Hennepin County were present to discuss questions regarding the use of ADR by the courts. Questions prepared by Rebecca Picard and discussed by the Judges were as follows:
1. Impressions of Lawyer's attitudes towards and use of ADR
1. What is your impression of how much lawyers are using ADR before filing lawsuits?
2. After filing, but before the first appearance?
3. How willing are lawyers to consider ADR?
4. Do you find lawyers engaging in settlement discussion and calling it mediation?
2. Judicial Referrals to ADR
1. How often have you referred cases to ADR?
2. When you order an ADR process, do the lawyers usually pick the neutral?
3. If you choose the ADR neutral, what are your criteria and how do you select the mediator, arbitrator or other?
3. Communication and Ethics
1. What is your view of the confidentiality of the mediation process?
2. How much communication is there in practice between the court and Rule 114 mediators?
3. Have you ever become aware of any ethical issues arising under the Code of Ethics for Rule 114?
4. Arbitration
1. Do you ever refer a case to arbitration if the parties have not agreed to do so in advance?
2. Have you ever had to consider the standard of judicial review for an arbitration award?
3. If yes, what standard did you follow?
5. Hybrid Forms of ADR
1. Have you seen litigants take advantage of the "create your own process" option under Rule 114?
2. If yes, what did the design?
3. Are you aware of Med-arb being used? If yes, does it usually result in a settlement or an award?
6. What is your impression of Rule 114 in general?
1. How much is it being used?
2. To your knowledge, how do our colleagues view the rule?
3. Any other comments about ADR in Minnesota?
A complete transcript of the comments and answers will be available from the Section by email. The four judges emphasized that they would make themselves available immediately if a mediator requested an appearance before the court to place an agreement on the record.
There being no further business to come before the Section, the meeting was duly adjourned.
Respectfully submitted,
Ric Rosow
The following members and guests were present: Art Benson, Jim Brehl, Brian Ciccone, Andrew Dick, Jan Frankman, Melissa Grant, Joseph Kenyon, Diane Lynch, Tom McSteen, Bill Norton, Rebecca Picard, Ric Rosow, Dan Simon, Dan Ventres, Jessica Ware and Michael Watts.
Secretary's Report.
The minutes of February 17, 2000 were presented. Upon motion duly made and seconded the minutes were approved.
Treasurer's Report.
The Treasurer reported that as of January 31, 2000, there was revenue of $5,117.00; expenses of $1,110.00; and a balance of $10,936.00. Upon motion duly made and seconded the Treasurer's Report was accepted.
Ethics Committee's Report.
Rebecca Picard reported that there was a new 62 page draft of the Uniform Mediation Act. Rebecca handed out a summary of the confidentiality section. The draft still allows a mediator to waive the privilege with concurrence of the disputants. James Brehl suggested the Ethics Committee comment on Section 8(a)(6), which provides an exception to privilege and non-disclosure for mediation communications in a pre-trial conference conducted by a Judge or other judicial officer who may make or inform rulings on the subject matter of the conference.
Jennelle Soderquist reminded Section members that the ABA-ADR convention was taking place April 6-9 in San Francisco and that several members from our organization were making presentations.
Jennelle also reminded members that we will be presenting a mini-convention at the MSBA convention in Duluth, June 21-23. The presentation will be entitled "How Mediation is Handled in the Media."
Jennelle noted that the April meeting has been rescheduled to April 27, 2000.
Program - The Use of ADF by Minnesota State Government.
A panel presentation by Barbara Blackstone, acting Director of the Office of Dispute Resolution; Mary Neil Preisler, of the Farmer-Lender Mediation Program; Kathy Peterson of the Minnesota Human Rights Mediation Program and Mark McCrea of the Department of Labor and Industry, Workers' Compensation Claim Unit. Each panelist presented on how mediation services are provided through his or her organization. A complete transcript of their comments was made and will be available by e-mail.
Publications Committee.
Bill Norton distributed a template for a member directory consisting of six (6) pages. Members were asked to review the material and be prepared to comment at the next meeting.
Thereupon, the meeting was duly adjourned.
Respectfully Submitted,
Ric Rosow
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Jenelle Soderquist, at 12:15 p.m.
The following members and guests were present: Kathleen Anderson, Jim Brehl, Brian Ciccone, Cynthia Campbell-Waters, Andrew Dick, Melissa Grant, Joseph Kenyon, Duane Krohnke, Robert Langford, Bill Norton, Rebecca Picard, Ric Rosow, Dan Simon, Jenelle Soderquist, Dan Ventres.
Secretary's Report.
The minutes of December 16, 1999 were presented. Upon motion duly made and seconded the minutes were approved.
The minutes of January 20, 2000 were presented. To the attendance list should be added: Cynthia Campbell Waters, Rick Hollow and James Brehl. Under the Ethics Committee report, the first line should be changed to indicate that the Ethics Committee met prior to the meeting of the Section on the Uniform Mediation Act; the last sentence should be changed to read "anyone wishing to be on the list serve to be informed of Ethics Committee meetings and actions should inform Rebecca Picard." Upon motion duly made and seconded the minutes were approved as amended.
Treasurer's Report.
The Treasurer reported that as of December 31, 1999 there was revenue of $5,080.00; $1,785.00 of expenses; and a balance of $11,023.00.
Legislative Report.
Proposed legislation in the form of House File No. 2527 was presented to the Section. This legislation proposes to amend Minn. Stat. §518.175 by permitting a court to apply any standard agreed upon by the parties in a writing that was approved by the court when a custodial parent wishes to move the residence of the child to another state. The impetus for the change is that the courts will not enforce an agreement between the parents because there is no explicit authority contained in the statute. Dan Ventres moved, seconded by Rebecca Picard that the Section support House File No. 2527. Discussion ensued regarding whether or not this was an ADR issue; promotion of the philosophy that parties should be able to make their own agreement; and how such agreements affect the rights of third parties, i.e. children. Upon a vote being taken, the motion failed.
Publications Committee.
Bill Norton presented information to the Section regarding the cost of publication of a CoManDR Member Directory. Discussion centered around whether the directory should be a hard copy or on the internet or whether such a directory would be useful to members. Members discussed the relative merits of hard copy versus internet format and how such a directory would be used. Bill Norton indicated that the directory would most likely include name, photograph, address, and a paragraph regarding each member. Upon motion duly made by James Brehl, seconded by Andrew Dick, it was unanimously approved to move forward to add a member directory to the Sections's website at a cost of up to $4,000.00. Bill Norton was requested to keep the Section updated at each meeting as to progress on the directory.
Jennelle Soderquist reminded Section members that the ABA-ADR convention will be held in San Francisco April 6-8.
The Chair noted that there was available at the meeting the final letter sent by the Ethics Committee regarding the Uniform Mediation Act.
Duane Krohnke presented the committee report on Comments and Recommendations on proposed amendment of the ABA's Model Rules of Professional Conduct to allow Multidisciplinary Practice Organizations. A copy of the comments and recommendations are available through the Bar Association. The committee made the following recommendations:
CMDR recommends that any amendment allowing MDP firms should be adopted only if the following requirements are met:
o The independence and neutrality of ADR providers, whether lawyers or
other professionals, must be preserved.
o The competence of ADR neutrals, whether attorneys or other professionals, must be preserved.
o The confidentiality of ADR proceedings and communications must be preserved.
o The fees of ADR neutrals must be reasonable.
o For purposes of "down stream" conflicts (i.e. disabling conflicts of interest after the conclusion of an ADR proceeding), there should be no imputation of conflicts from an attorney or other professional acting as an ADR neutral to other attorneys or other professionals in his or her firm.
o Persons with disputes must have multiple ways of resolving their disputes, including ADR.
o Persons with disputes must be protected against conflicts of interest, biases and influences adverse to the neutrability and independence of ADR neutrals.
Discussion ensued regarding the proposed amendment and the committee's report including issues relating to unauthorized practice of law, conflicts of interest and disclosure. Upon motion duly made and seconded, the report was unanimously approved. The report will be circulated broadly including copies to the ABA, Bar Associations of other states and will be on the Section's website.
Jenelle Soderquist announced that a retirement reception was being held for Roger Williams, director of the Office of Mediation Services on February 25, from 3:00-5:30p.m.
Thereupon, the meeting was duly adjourned.
Respectfully Submitted,
Ric Rosow
Conflict Management and
Dispute Resolution Section Minutes
January 20, 2000
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair-elect, Rebecca Picard, at 12:15 p.m. on January 20, 2000.
The following members and guests were present: Doug Amdahl, James Brehl, Brian Ciccone, Jan Frankman, Charles Frisch, Bill Hannon, Rick Hollow, Steve King, Robert Langford, Janeen Massaros, Michele Gullickson-Moore, Rebecca Picard, James D. Rogers, Ric Rosow, Tobi Tanzer, Cynthia Campbell Waters.
Treasurer's Report.
There was no treasurer's report.
Legislative Report.
Rebecca Picard asked if there was interest in the Section sponsoring legislation to remove the Haghighi notice requirements in mediation agreements. Among the group in attendance, there was no consensus to do so. Rebecca asked for volunteers to serve on the legislative committee. She also informed the group that legislation was being prepared to allow parents to agree on custody matters if one parent moves out of the state.
Multi-Disciplinary Practice Ad Hoc Committee.
James Brehl reported that the committee met once in January and has another meeting scheduled for February 1st. Five to six Section members attended and others are welcome to the next meeting which will be held in the State Bar Association offices in downtown Minneapolis in the Honors Room at noon on February 1st. The subcommittee will be drafting a report for the Section to review. The focus of the report will be on ADR activities.
MSBA Convention.
Janeen Massaros volunteered to assist Michelle Gullickson-Moore in chairing a committee to plan the Section's seminar on Rule 114 at the convention.
Secretary's Report.
The minutes of December 16, 1999 were not received by members. Action will be deferred until the next meeting.
Record Keeping.
Discussion was held concerning the presence of a court reporter and the recording of the entire meeting. Brian Ciccone explained that two transcripts were prepared. A full transcript of the meeting is sent by e-mail to the president and secretary. A transcript of only the presentation portion of the meeting is sent to all members. After discussion thereon, a motion was made by James Brehl, seconded by Jan Frankman that the court reporter record only the presentation portion of the meeting and not the business portion of the meeting. The motion passed.
Ethics Committee.
Rebecca Picard reported that the Ethics Committee met today on the Uniform Mediation Act. It is anticipated that the Commissioners will vote on the proposed Act in July. A letter will be sent by the Ethics Committee on behalf of the Section reiterating the Section's position that the Act should include testimonial incompetence with very few exceptions. Anyone wishing to be on the listserve to be informed of Ethics Committee meetings and actions should inform Rebecca Picard. Jan Frankman asked that the Section publicly recognize the valuable efforts made by Rebecca Picard with respect to the ethics issue.
Janeen Massaros, the Executive Director of the Dispute Resolution Center in St. Paul, and Michele Gullickson-Moore, Executive Director of the Minneapolis Mediation Program, presented on community-based dispute resolution programs. A transcript of their comments will be sent to those members who are on the e-mail list.
There being no further business to conduct, the meeting was thereupon duly adjourned.
Respectfully Submitted,
Ric Rosow
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Jenelle Soderquist, at 9:00 a.m.
The following members and guests were present: Doug Amdahl, Kathy Anderson, Ed Anderson, Jim Brehl, Brian Ciccone, Robert Langford, Diane Lynch, Bill Norton, Rebecca Picard, Ric Rosow, Nancy Veronen.
Secretarys Report
There were no minutes to review from the last meeting held at the Minnesota State Bar Convention.
Ethics Committee
Jenelle Soderquist reported that the Ethics Committee met twice recently, once to review the ethics code enforcement. The next meeting is set for August 14, 1999 from 11:30 a.m. to 1:30 p.m. All interested individuals are invited. Rebecca Picard reported that the Committee met last Thursday with the reporter from the American Bar Association regarding the proposed Uniform Mediation Act. Comments to the proposed Uniform Act are due by October 21, 1999. Issues revolve the structure confidentiality, i.e., as a privilege, as an evidentiary exclusion, or as incapacity.
Bar Association
Jenelle Soderquist reported that she met with chairs of other MSBA sections and committees and the new president of the State Bar Association, Wood Foster, Jr. Foster expressed concern and interest over how the sections will be able to use technology as a tool for section communication and information; and the emerging issue of multi-disciplinary practices. Bob Langford noted that multi-disciplinary practice has different ramifications for mediators/arbitrators than the rest of the Bar Association.
Goals and Objectives of the Section
Jenelle Soderquist noted that most other sections of the Bar do not know what the CoManDR section is or does. To some the Section name is confusing. A discussion then ensued regarding how the name was chosen and the ramifications and impact of the name on the visibility of the section. Discussion regarding the identity of the Section next moved to a discussion of goals and objectives for the Section. It was noted that there was a lack of involvement in the Section and/or its programs by various attorneys who are respected in the legal community for expertise in their particular field, i.e., litigation, employment law, family law, etc. Those present discussed how to increase participation by key individuals in the community and legal groups. Another goal identified during discussion was how to have Section concerns communicated to and understood by other Sections and community groups.
Bob Langford moved, seconded by Jim Brehl, the following motion:
Authorize the Chair to appoint a three-member panel from the Section, with authority to spend up to $1,000.00 to develop a survey of individuals involved in the ADR field regarding their participation or non-participation in the Section. Further that the committee should consider using a marketing firm previously used by the Minnesota State Bar Association and its Sections for similar surveys.
Discussion then ensued regarding the fact that other sections of the Bar had done recruitment surveys and that more information should be gathered regarding what other Sections were doing. Rebecca Picard expressed the preference that the committee report back to the section prior to the expenditure of funds. Members also discussed the mission statement of the Section. The question was called and upon vote thereof, the motion passed unanimously.
Next, Jenelle Soderquist invited all those in attendance at the Section meeting to stay for the meeting of the officers. At the meeting of the officers, meeting times and places were to be discussed as well as programs for the upcoming year. A suggestion was made that one of the programs contain an educational focus that would help law schools structure programs in ADR.
After some discussion on that issue, the meeting was adjourned at 10:30 a.m.
Respectfully Submitted,
Ric Rosow
*(Draft, subject to member ratification)
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota Sate Bar Association was called to order by the Chair, Bob Langford, at 12:15 PM.
The following members and guests were present: Robert Langford, Chairman, Bill Norton, Secretary, Douglas Amdahl, D. M. Boulay, James Brehl, Al Cunningham, Rollie Faricy, David Fitzgerald, Jan Frankman, Elizabeth Keyes, Duane Krohnke, Ric Rosow and Daniel Ventres.
Secretary's Report
Bill Norton summarized the minutes of the last meeting. No corrections were suggested.
Federal Bar Association Seminar and ADR in the Federal Courts
Bob Langford called everyone's attention to the Federal Bar Association seminar that's going to be presented on the 24th of this month, and specifically to the U.S. District Court of Minnesota panel that will be discussing the implementation of ADR in that court. Bob said he understands it was supposed to be a discussion of the implementation of the requirements of Alternative Dispute Resolution Act of 1998 in the Federal District Court.
Duane Krohnke indicated there was a meeting a couple weeks ago of the ADR subcommittee to the standing committee on the local rules, and there was a discussion about the proposal put forward by this Section to have the federal court local rules be based in substantial part on Minnesota State Rule 114. Duane indicated that they appear to have concluded that they will not be doing so. He said it was his sense that at the meeting is our views were heard and rejected.
He said that it appears that magistrate judges will be the only provided-for neutrals, although the rules would allow a judge on an individual case to order some other process; and the continuation of settlement conferences will be the primary mode of ADR. Duane believes that the subcommittee will be making its recommendation to the local rules committee, which in turn will decide something, and then make a recommendation to the judges of the district court.
Ethics Committee Report
Bob indicated that Rebecca could not be here today. He read from her report to him, in which she said that the meeting with the ADR Review Beard last Friday went very well. She said that although there have been no definite commitments regarding members of the panel that will be set up to review complaints, it would be a panel to review complaints that appear to possibly have merit. Then, after a complaint was heard by them, there would be an appeal to the full Board and/or an appeal to the Supreme Court.
Rebecca reported that the ADR panel has under consideration a new draft for their June 18 meeting, and has requested that any comments CoManDR members wish to make be given by June 16th, when there will be an Ethics Committee meeting. Bob briefly noted that there will also be an Ethics Committee meeting on July 14 to talk about the issues that are presented by the Uniform Mediation Act and the Arbitration Act, as they integrate within the ADR Review Board Enforcement Policy. Bob invited anyone who wished to, to attend.
After the ADR Review Board meets on the 18th, Bob continued, they will do a final draft and send it to other organizations for their input. Only then will they compile their final proposal to send to the Supreme Court.
Bob reminded participants that initially, the Board's ethics enforcement policy was minimal, consisting of a one page policy that did not afford much opportunity either for due process for the accused, or for confidentiality - either with respect to communications or material.
Bob said there's a query about the Board's interest in publicizing a code and enforcement policy. He said they're enthusiastic about our applying for money from the Bar Association Impact Fund. And they would like to give their blessing to publish a pamphlet which would contain the Rule 114 matters, the code, and enforcement policy.
Bob said that the other thing that he has heard is that there's some concern by the Board in regard to confidentiality, with respect to what goes on presently in ethics enforcement practice. There may be statutory amendments that would be required either for them to develop and exercise their enforcement policy or to make sure that there is protection for whoever is participating.
Part of the Section's concern is what happens when there's a complaint made against a neutral or third-party neutral. If it isn't handled well, it can get to the press before there's any kind of action on it.
Bob indicated that Rebecca wanted us to mark our calendar for the ABA ADR Institute which will be in San Francisco in May of 2000, May 18 through 20.
He also told attendees that Rebecca had provided some copies of the Florida rule for this meeting. He said that rule has been probably the most explicit statement with respect to the issue of the nature of mediation with respect to impartiality and preservation of self-determination. Bob noted that the outlined area entitled "Personal and Professional Opinions", is directly on point in connection with the discussions that the Ethics Committee members have been having for some months regarding whether you should be giving opinions, whether they're advisory and appropriate, or whether, in some ways, they step on the self-determination of the parties that's already expressed in the code.
He said that in Florida, it's pretty clear. It says: "A mediator shall not offer a personal or professional opinion intended to coerce the parties, decide the dispute, or direct a resolution of any issue. Consistent with standards of impartiality and preserving party self-determination however, a mediator may point out possible outcomes of the case and discuss the merits of a claim or defense. A mediator shall not offer a personal or professional opinion as to how the court in which the case has been filed will resolve the dispute."
He said he doesn't think there's any intention by the ADR Board to get into that issue at least so far as he knows at this point in time.
Nominating Committee Report
Bill Norton, Chair of the Nominating Committee, reported that the bylaws provide that we elect officers at the annual meeting, which this year is in Duluth. He reported that the positions to be filled for next year are the Chair Elect, the Secretary and the Treasurer; and that he was proposing that those positions be filled by Rebecca Picard, Ric Rosow and Brian Ciccone, respectively. He reported that these are all one-year positions. There were no other nominations from the floor. Bob added that under the bylaws, the Chair- Elect succeeds to the Chair position the following year after his or her election. So, Jenelle would be the chair next year and Rebecca would be her designated successor the following year.
Bob explained that there are also two-year positions that are not up for election at this time. For example, he noted, there is a Legislative Vice-Chair which Ed Anderson would continue to fill. He noted that we haven't gotten anything done this year with publications, which has been a disappointment and we're going to have to try to resolve that in some way. Bob asked for a volunteer for that position.
Amendment to Civil Mediation Act
Duane Krohnke reported that both the Senate and the House passed the proposed amendment. He is not sure whether the Governor has signed it. Jim Brehl said he went through the long list and it was not there. Duane then described the amendment, and there was some discussion about it.
Impact Fund Proposal
Bob noted that the Section has talked to the ADR Review Board about having some kind of document that would talk about what Rule 114 is, what is required ethically, and how it would be enforced. He asked attendees to approve an Impact Funding submission to the Bar Association to do this.
Duane Krohnke suggested that this Section could and should also develop a model mediated settlement agreement that would clue people into the Civil Mediation Act even as amended. He thought that could be in a brochure or on our Web site and that would be a distinct service both to lawyers, advocates, and to parties. And perhaps the Minnesota Association of Mediators would want to get involved in that too, he noted.
Jim Brehl spoke in support of Duane's suggestion, noting that he has been acting as an attorney where a mediator did step in and start violating the idea that they should not be advising one side or the other in the process of drafting a mediation agreement. So he thought it would be worthwhile to work out a basic form that would show the mediator how far he or she could go in making proposals to the parties and their attorneys. Bob agreed, and added Duane's proposal to his. The proposed impact funding proposal was then approved by persons in attendance.
Duluth Convention
Bob encouraged everyone to attend the Duluth convention, and, in the absence of Michele Moore and Rebecca Picard, asked for a report from Bill Norton on the Section's presentation at the Convention. Bill summarized the main subjects to be presented, and reported that the Committee is beginning to pull it together.
There was some discussion about the order of the presentations to be made.
ABA Section of Dispute Resolution Meeting in Boston
Bill Norton reported that he had gone to the above meeting, and felt it was very worthwhile. He reported that a mock trial reenacting an actual environmental contamination case was probably worth the trip alone. Bill distributed a copy of the agenda from the seminar.
Uniform Mediation Act and Uniform Arbitration Act
Bob noted that, in talking over what our responsibilities are, we've been hearing a good deal about the two new Uniform Acts -- the Uniform Mediation Act, and the Uniform Arbitration Act. He indicated that the process of developing the acts is probably more under the influence of academics than practitioners, and that this appears to be a concern among some practitioners.
He said there's a lot of really important stuff that's going to be coming up this summer and on into the fall and probably there will be some action on the final form of either or both of these acts by next winter. He asked for a report from Duane Krohnke.
Duane said he checked the Web site for the National Conference of Commissioners on Uniform State Laws this morning and it's a good Web site because they have drafts of all of the Uniform Acts that have currently undergone revision and probably more than that. The latest version of the Uniform Arbitration Act revision is a draft of February 19, 1999. The Uniform Mediation act is an April 1999 draft.
He noted that at the last meeting, he had distributed a memo that talked about those two as well as the proposed revision to the ABA's Model Code of Professional Conduct for lawyers. He thought it was interesting that all three of those proposed rules or statutes have views on rules on confidentiality, conflict of interest, and disclosure requirements, which are important issues that we have addressed in the Rule 114 context under a major effort by this section.
Duane said he has not had time to sit back and reflect on these different provisions as to which one is better, but he thinks in light of our work in this area that we should do that. He feels that it may lead to some suggested revisions to Rule 114 as we see how other groups have attempted to draft rules on these points, or, perhaps, would lead to comments by us to the different groups working on the Uniform Acts. He also reported that the ABA Ethics 2000 Commission is undertaking an overall review of the Model Rules of Professional Conduct including proposed revisions to have a special section dealing with lawyers as third-party neutrals, and we might end up wanting to comment on those as well.
Bob commented that he doesn't know if anybody has read the comments of Ron Kelly who's been observing the development of the Acts for some period of time, and has pretty discreet concerns about a number of sections of the Uniform Mediation Act particularly. And in many cases the real concern is the basic integrity of mediation as an opportunity for people to communicate fully and completely, and whether that will be compromised. He said he believes Kelly is a fairly conservative commentator who is really trying as hard as he can to blow the whistle on something that will be very damaging to the process. So, he said, the question he would like this Section to talk about is what we want to do about it? Do we want to be passive, or as Duane suggested, get involved in the communication about it?
Duane noted that many of the issues, at least the ones he's interested in, fall within the bailiwick of the Ethics Committee of this Section, which has done a lot of work. Here, he indicated, might be an additional assignment for them.
Bob noted that the Ethics Committee members who have been involved have been working awfully hard already, and yet, they have the background in many of these issues. He mused as to whether there could be a special committee or committees dealing with the two Uniform Acts which would include Ethics Committee members as well as others, to do some of the work, or not. He indicated that he believes that Rebecca would be willing to at least undertake in the Ethics Committee an initial examination and structuring of how we want to communicate about the Acts. One of those two meetings that she has suggested for us, that he already gave the dates for, will be specific with respect to that thought process. That, he felt, would be the right way to do it -- to have it at least considered by the Ethics Committee and then structured as a result of that consideration, which may call for additional meetings. Bob also indicated they would like to have more participation in a committee by members.
Duane suggested that, since the Arbitration Act has a lot of issues that are really not ethics issues, it might make sense to have that review be a separate effort, that would be coordinated with the Ethics Committee. In response to a request from Bob, Duane said he would be willing to work on that Committee. Bob then established the Committee, and appointed Duane to it.
After some discussion that was off the record, the meeting was adjourned at approximately 1:30 p.m.
Respectfully submitted,
J. William Norton
* (Draft, subject to member ratification)
Conflict Management and
Dispute Resolution Section Minutes
April 15, 1999*
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota Sate Bar Association was called to order by the Chair, Bob Langford, at 12:15 PM.
The following members and guests were present: Robert Langford, Chair, Jenelle Soderquist, Chair Elect, Bill Norton, Secretary, Brian Ciccone, Treasurer, Douglas Amdahl, James Brehl, Jan Frankman, William Hannon, Joseph Kenyon, Duane Krohnke, Mel Ogurak, Rebecca Picard, James Rogers, Ric Rosow, Jenelle Soderquist, Gary Weissman, and Daniel Ventres.
Duluth Convention
Bob Langford discussed the Duluth MSBA convention, and reported that CoManDR Section mini-conference will be held on Friday morning, July 2, 1999. The theme will be exploring cutting edge dispute resolution in employment disputes. He said we have three hours, and he mentioned some of the probable subjects to be explored, such as the postal service grievance procedure; pre-grievance, pre-filing dispute resolution; and a discussion of the shifting emphasis in arbitration and mediation in union disputes.
He alluding to the differences between non-union versus union mediation, and in that connection, noted that Michael Landrum wrote a terrific article within the last year talking about the distinctions.
Rebecca Picard then gave a report on behalf of the mini-convention committee, in the absence of its chair, Michelle Gullickson Moore. She reported that its members are Michelle, herself and Bill Norton. She reported that there may not be time for the union part. She said that it is our understanding that half an hour is needed for the business meeting; so we really have 2 ½ hours. The first hour we are going to have a panel discussion and we are soliciting inside employer HR people from a large company, the Post Office, and a small company. It would be a moderated panel discussion about a number of issues for employers. Then there will be a 15-minute break. The second hour we are going to introduce and then do about a 40-minute role-play, probably involving a mediator, an employer, and an employee. She explained that we will need people to play the employer and employee roles, and asked that anyone going to Duluth let the Committee know.
Bill Norton reported that he had agreed, at Michelle's request, to take over the preparation of a brochure announcing the meeting.
Nominating Committee
Bob Langford noted that the bylaws require that we have officer elections at the annual convention; and that the three open positions will be the Chair-Elect, the Secretary and the Treasurer. He also explained that in alternate years, we elect a Vice-Chair for Legislation and a Vice-Chair for Publication. He noted that we have not had very much success in our publications area, so we may also be looking for help there.
Bob told members present that he was requesting approval to have Bill Norton chair the Nominating Committee, and to have Diane Lynch and Rebecca Picard be the other members. This proposal was approved by the members present.
Legislative Report
Bob gave the report in the absence of Ed Anderson. Bob said that Ed reports that as of two weeks ago, our legislation had passed both the House and the Senate committees that are responsible, and is awaiting final action. The other part of the report is that we have not seen the legislation reportedly proposed by Peter Thomson, a professor at Hamline.
Secretary's Report
Bill Norton summarized the minutes of the last meeting. No corrections were suggested.
Treasurer's Report
Brian Ciccone reported that we have an ending balance after income and expenses of $8,396.
Transcription of Proceedings
Bob noted that Brian has been providing us with a court reporter who has been preparing a transcript of our meetings; that the transcripts are then being put on the CoManDR internet site for anyone to see; and that some members are uncomfortable with this.
Bob asked for comments on whether we should continue the practice. After a fair amount of discussion, it was decided that the following improvements would be made. Although the reporter will continue to transcribe what is said during the business meeting, this transcript will only be given to the Secretary for use in preparing the minutes, and will not become a part of the transcript that goes on the internet. Also, the business meeting transcript will not be e-mailed to other members of the Section as it has in the past. The minutes as prepared by the Secretary will be the official and, as a practical matter, the only record of the business meeting
It was also decided that we would continue to transcribe the presenter's talk, but would tell the presenters in advance about it. In addition, anyone asking a question of the presenter or otherwise participating in the discussion should request that something be off the record if that is their' wish. It also was decided that, since this is not a court transcript, the court reporter should feel free to edit out humorous asides, sarcastic comments, the little embarrassing things, such as someone misspeaking, that sometimes show up on the record and read poorly. Also, Brian will give the presenter the opportunity to catch errors or make changes to the transcript before he releases it.
Finally, the only thing that will be on the internet will be the transcript of the presenter's speech, and any discussion that occurs in connection with it. This transcript may also be e-mailed to members.
Bar Association Impact Funding
Mr. Langford noted that the State Bar Association has requested Impact Fund Proposals for the 1999/2000 Bar year. What this means, essentially, is that the Bar Association will provide funding for a project that we think is a particularly meritorious, creative, and innovative, if consistent with the Association's mission and goals. We should be submitting this within the next month or so because the decisions will be made during June. He asked people to think about it and let him know about it. One idea might be peer mediation in the grade schools and high schools across the city and the state, he noted. He suggested we also may want to be thinking about other kinds of programs that would allow ADR processes to be innovatively employed within the state.
The Bar Association needs a mechanism to ensure that the projects are realistically funded and that the financial estimates are accurate.
Jan Frankman suggested that a public education project might be worthwhile, noting that she understands from the EEO Commissioner that there appears to be a reluctance, particularly on the part of employers in employment disputes, to avail themselves of mediation when offered.
Jim Brehl noted that one thing the Bar Association turned down this year that they used to have, was a State Fair booth. They rejected it again because it is difficult to staff. Fair representatives insist that there be someone at the booth every moment. However, he suggested that if it were jointly sponsored by the Section and other organizations, such as SPIDR, MAM, etc. it could work. He noted that William Mitchell had a booth last year for the Bar Association and they gave out 250,000 copies of the constitution; and they didn't really work that hard at it. But the number of the contacts that were made was dramatic with them. They were in the education building. Jan Frankman noted that if we had a State Fair booth, it would be good to have a video we could show, noting that she volunteered for law day on one occasion, and one of the booths had a video, and people were fascinated by it. Jim added that having quizzes for the public can be a big draw.
Jim Brehl said he agrees that public education is an important goal, and that it would be appropriate to get this section's activities onto Channel 6 in St. Paul. He said he felt that Bob Langford or Jenelle Soderquist would be very suitable people to be on there representing us. The big problem, Jim noted, is staffing.
Ethics Committee Report
Rebecca reported that the ADR Review Board is meeting this Friday. They have had one meeting devoted to looking at our recommendations and they are taking them very seriously and they are going to devote another whole meeting to them. They will then send out to us, and other organizations, their latest draft, and hopefully a statement of rationale for some of the decisions as well. And then they are expecting and inviting feedback back from us. Whether it's going to be a meeting to which we and other organizations are invited has yet to be determined. She announced that the Ethics Committee of CoManDR will be meeting at Bob's office on May 2, and anybody is welcome to come and help us review the latest draft attachment.
Federal Court ADR
Bob began by noting that there has been a significant concern for a period of time within the Section, and particularly within the Ethics Committee, about the disparity of understanding of ethical constraints in the field of ADR between the practices in the state courts, which are governed by Rule 114, and in the federal courts, which are governed by their own separate rules. Bob said that the federal district court is now looking at this issue, and is in the process of deciding how it wants to implement standards that are developed by both federal law and district court rules; and that the Section has an opportunity to provide input. He said it was with that in mind that Duane Krohnke was asked to come here today, to bring the Section members up to date as best he can as to what's actually going on, and what the potential is for our providing input.
Bob distributed a proposed resolution that Duane Krohnke had drafted, that would support the federal court's local Rule 16.5, while suggesting that it be amended in a way that would make it consistent with Rule 114, to the extent possible.
Duane began by discussing three handouts he distributed to participants.
He brought the group up to date on the Haghighi decision, which has not
yet come to rest because of other issues present in the case. With reference
to the efforts that this Section has made to have the Minnesota Legislature
amend the statute involved in the Haghighi decision, he noted his materials
contain the Minnesota Legislature Web site address where this bill can
be followed. He also distributed and discussed a portion of the draft
Uniform Mediation Act which is being prepared by the National Conference
of Commissioners on Uniform State Laws.
Duane also highlighted the Alternative Dispute Resolution Act of 1998, explaining that this is a federal statute signed by the President last October. He said he believes it requires each federal district court to have an ADR program with local rules that implement such a program. And the statute has a lot of different things that are supposed to be in the local rules.
He indicated that the United States District Court for the District of Minnesota does not, in his opinion, have a local rule that complies with the statute. The existing local rule refers to settlement conferences before magistrate judges under the general heading of alternative dispute resolution. It then recognizes the authority of each judge in a particular case to use non-binding ADR methods, which he thinks are specified in the local rule. He said he has been informed that the Administrative Office of the United States Courts, which tries to run the whole judicial enterprise at the federal level, is not adopting any model local rules to implement the statute, in part because this statute was not supported by the Administrative Office of U.S. Courts. Instead, it was supported by the Justice Department, and also, he believes, by Senator Grassley (of Iowa) on the Senate Judiciary Committee. The Senator appears to have seen it as a way to get the courts to cope with their case loads more efficiently, so that fewer judges have to be hired in the future.
He said he understands that the Ninth Circuit is drafting model rules for the district courts in that circuit for at least conflicts of interest and confidentiality. Duane said he spoke with a member of that committee. The committee member indicated that there is a provision of the judicial code regarding disqualification of judges which specifies the sorts of things that a judge should consider in recusing himself or herself from hearing a matter. The committee member said that he was inclined to add a reference to it into the local rule, so that ADR neutrals in the federal courts would be entitled to judicial immunity.
Here in this district, Duane indicated, there is a standing committee on the local rules and it has a subcommittee on ADR which is now looking at whether and how the local rules should be amended. Daniel Ventres has been to one meeting of the subcommittee and Duane is supposed to be going to the next one. Duane, Dan and Michael Landrum are going to be resources to the subcommittee.
Duane said he understands that there is some resistance to having a local rule different from what is on the books right now -- which he finds astounding, since the statute reads quite plainly that district courts have to have local rules to do certain things that the existing local rules in this district do not do.
Duane said there are two major issues. Again, the first is whether the rules should be amended and how. He said he felt that a part of the federal judiciary's reluctance to get involved now is that they had the Civil Justice Reform Act which required districts to have a review committee, and some districts did experiment with ADR while others did not -- but they're exhausted by all this talk about the same thing.
He believes that, legitimately, our federal court does a good job of disposing of cases and the settlement conferences usually are helpful in that regard. He expressed the hope that the rules, as much as possible, could follow and incorporate the text of Rule 114; although there would obviously have to be some changes because it is a different system. But to the extent they can build on that, and not be writing on a blank slate, he felt, it would help everyone, both practicing lawyers as well as those who do neutral work.
Duane also discussed what might happen next, assuming that the rules
are amended as the statute requires. Although no one knows, he indicated
that perhaps, since most magistrate judges are good at settlement conferences,
cases will be resolved that way.
He noted that the magistrate judge is paid by the taxpayers and not by the two sides splitting the cost of the neutral; and that the lack of cost is a major incentive for using the existing processes. For example, he said he had one particular case where he had a foreign client and he thought they would need someone with more patience and more time to devote and that had a greater sensitivity to foreign culture to resolve the matter. The other side wouldn't agree to pay one-half of cost of the mediation, so that put them back into the settlement conference track.
Bob noted that under Rule 114, one of the ethical standards that was adopted is the premise that mediation is a process of self-determination between the parties. He indicated that his understanding is that the federal court practice by mediators now does not necessarily to do that. Instead, it involves giving advice to, and, if you will, taking away the element of self-determination from the parties in the process. He said that what we are talking about doing is laying that on the table as an important ethical issue that should be considered and, we hope, addressed by the federal court.
Jan Frankman commented that she thinks that there are two elements that are of particular concern. The first is the element of coercion (we're going to stay here until we're done), which is both specifically prohibited under Rule 114 and antithetical to the concept of self- determination. The second is the element of confidentiality, because, she understands, there is open sharing of information between judges and others who are going to make decisions about cases if they don't settle.
The proposed resolution distributed earlier in the meeting was then discussed.
After discussion, and some minor changes, the following resolution was
duly adopted by members present.
WHEREAS, the Conflict Management and Dispute Resolution Section "CMDR" of the Minnesota State Bar Association is charged with promoting the work of the Association in the field of Conflict Management and Dispute Resolution, and improving the practice, elevating the standards, and advancing the cause of Alternative Dispute Resolution in the State of Minnesota; and
WHEREAS, the Alternative Dispute Resolution Act of 1998 (H.R. 3528; Pub. Law No. 105-315) ("the Act") directs each federal district court to adopt local rules authorizing the use of ADR processes in all civil actions (including bankruptcy adversary proceedings and with exceptions to be determined by each court) and implementing an ADR program (Act § 3; 28 U.S.C. § 651(b)); and
WHEREAS, the Act directs each district court to "require that litigants in all civil cases consider the use of an alternative dispute resolution process" (Act § 4; 28 U.S.C. §652(a)); and
WHEREAS, the Act directs each district court to "provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications" (Act § 4; 28 U.S.C. § 652(d)); and
WHEREAS, the Act directs each district court to "maintain a panel of neutrals" and "promulgate its own procedures and criteria for the selection of neutrals on its panels" and its standards for certification of arbitrators (Act §§ 5, 7; 28 U.S.C. §§ 653(a), 655(b)); and
WHEREAS, the Act directs each district court, subject to limits to be set by the Judicial Conference of the United States, to establish the amount of compensation, if any, to be received by the neutrals and arbitrators (Act § 10; 28 U.S.C. § 658(a)); and
WHEREAS, the United States District Court for the District of Minnesota ("the Court") has Local Rule 16.5 "Alternative Dispute Resolution," which was adopted effective November 1, 1996, and which provides for mandatory settlement conferences in all civil cases (with certain exceptions) and for discretionary use of non-binding ADR methods in civil cases; and
WHEREAS, the Court through its Local Rules Committee and the latter's Alternative Dispute Resolution Subcommittee is considering whether and how to amend the Local Rules in light of the Act; and
WHEREAS, the Minnesota Supreme Court has promulgated an ADR Rule for Minnesota district courts which may meet many of the criteria of the Act; and
WHEREAS, members of the public, practicing lawyers the federal courts and ADR providers would benefit from having substantial conformity between state and federal court use of ADR in the State of Minnesota;
1. CMDR supports the amendment of the Court's Local Rule 16.5 to comply with the requirements of the Act.
2. CMDR encourages the Court's Local Rules Committee and the latter's Alternative Dispute Resolution Subcommittee to consider amending Local Rule 16.5 to substantially conform with Minnesota General Rules of Practice 114, including the Rule 114 Code of Ethics. A Working Outline of Amended Local Rule 16.5 is attached to contribute to this effort.
ADOPTED this 15th day of April, 1999.
Duane returned to his presentation and to his memorandum about recent developments on the legislative rule front. He noted that there are three trains going down the track: the Uniform Mediation Act, the Revised Uniform Arbitration Act, and the revisions and amendments to the ABA's Model Rules of Professional Conduct for Lawyers. He handed out a draft table he prepared which compares select ethics-related provisions of these requirements.
He said that in his memo, he's highlighted issues that we have been particularly
concerned about in the development of Rule 114, dealing with confidentiality
and conflicts of interest. He noted that the Uniform Mediation Act, which
is discussed in the big memo, is the third draft, dated March 8, 1999,
and there's now a new April, 1999 discussion draft. So there is another
memo that extracts some of significant portions of that.
He said that although he has not gone through it with a fine-tooth comb, so it may not be completely accurate, it does provide some comparisons. Duane proposed that someone should evaluate whether the CoManDR Section should make comment to the commissioners regarding the Uniform Mediation Act, the Uniform Arbitration Act, and to the group that promulgated the Model Rule of Professional Conduct for Lawyers as Neutrals. He also thought someone should look at whether Rule 114 can be improved by incorporating some of the concepts that are being developed elsewhere.
After some discussion, the meeting was adjourned at 135 p.m.
Respectfully submitted,
J. William Norton
* (Draft, subject to member ratification)
A meeting of the Conflict Management and Dispute Resolution Section of
Minnesota Sate Bar Association was called to order by the Chair, Bob
Langford, at 12:15 PM.
The following members and guests, among others, were present: Robert Langford, Chairman, Bill Norton, Secretary, Rebecca Picard, Michele Gullickson Moore, James Rogers, Jan Frankman, Roger Jensen, Michael Morin, Gregory Solum, Roger Williams, Joseph Kenyon and Melvin Ogurak.
Minutes of Prior Meeting
Mr. Norton reviewed the minutes of the February 25, 1999 meeting. Jan Frankman had a correction in the spelling of one attendee's name in the Transcript and in the Minutes, from Frank LaSelle to Frank Dosal.
Future Meetings
Mr. Langford reminded attendees that the next CoManDR meeting will be
a week early, on April 15, 1999 in the usual location. He also noted that
beginning in May, future meetings of the Section will be in the City Center,
where the Minnesota Bar Association is moving. Bob said that the notice
of the May meeting will say exactly where in the City Center the meeting
room is.
Treasurer's Report
In the absence of the Treasurer, Mr. Langford reported that the Section still has about eighty-five hundred dollars, which is money that we can think about using for either bringing people in or doing events.
Duluth Mini-Conference
Michele Gullickson Moore gave a report on the conference. She explained what she told the Bar Association our program would be. She said it was left general enough that we have some design flexibility.
She said it will be a three-hour program concerning using transformative mediation in the United States Postal Service, Equal Employment Opportunity grievances, pre-grievance, pre-filing disputes resolution, and a panel discussion on the shifting emphasis from arbitration to mediation in union disputes, and perhaps some other things as well.
Bob suggested those wishing to attend might want to register early if they wish to be at one of the hotels on the lakefront. He said he believes that the date of the convention is July 1st and 2nd. He will see which day our program is scheduled for. Bob reported that Michelle Gullickson Moore will be putting together a brochure once the program is set.
Roger Williams raised a question about whether attendees at the Convention who need CLE credits for the reporting period ending June 30, 1999 will be able to include their convention hours. Bob said he would have someone check into it.
ABA Section of Dispute Resolution meeting in Boston
Bob reported that Rebecca Picard is going to be our representative at the ABA meeting at the end of April in Boston. The general heading is,"Breaking Down the Barriers: ADR in the New Millennium." He said she will be presenting with other very interesting speakers. One of the presenters is Roger Fisher, the author of, "Getting To Yes". Another is Tom Stipanowich, the law professor that has been recording changes for the new mediation act. He said that there will also be others presenting with Rebecca who are important in the field of mediation, including Lance Lamont Stallworth of Chicago. Bob passed around the brochure for conference.
Legislative Developments
Bob reminded meeting participants of the legislation the Bar Association had
proposed in response to the Haghighi v. Russian American Broadcasting Co. decision that found a mediated settlement agreement unenforceable because it did not contain a provision stating that it is binding, as required by Minnesota Statutes § 572.35, even though it was clear that the parties intended to be bound, and even though they were represented by counsel. He asked Ed Anderson, who drafted the legislation, for a report.
Before giving his report on Minnesota, Ed Anderson began by reporting on
a development in California. He noted that the Democrats gained significantly in
the California legislature, and they also elected a Democratic governor for the
first time in a long time. He said that there are four or five or six proposals in
the legislature sponsored by the trial lawyers, now known as the Lawyers for
Consumer Rights or something like that (they changed their name) that would
greatly impede ADR in California. And they're making progress at various
He said that the Dispute Resolution Council of California is tracking
it. He said
it is the California equivalent of our organization, albeit much bigger and better
organized and with very good lobbying folks. California continues to be a bell
weather state, he noted, so it's worth paying attention to what's happening there.
The lawyers are feeling the pinch of ADR, he explained.
In the Congress, the U.S. Chamber of Commerce is sponsoring a bill related to arbitration of Y2K issues that would allow either party to force a Y2K issue into arbitration. He said that people who think they know what will happen think it's likely to pass the House, and if they're able to do it in a timely fashion it would pass the Senate. It raises some interesting constitutional issues, he noted.
Ed gave a brief chronology of the issue.
He noted that in response to the Haghighi ruling, the Section proposed a change in the law that would have provided, in effect, that the provision in question would not be enforced if parties to the agreement were represented by counsel.
Next, the Board of Governors approved the Section's proposal. Next, it
was moved in the legislature by Greg Gray in the House and John Hottinger
in the Senate, both of whom did so reluctantly.
Before the bill was heard by committee, Senator Hottinger amended the language, perhaps out of a reluctance to support something only benefiting lawyers. The Senator's language is to the effect that an agreement would 7not be enforceable if the language was not in the agreement, unless the parties were otherwise advised of the matters covered by the language.
Ed said that the bill passed out of the Senate committee last Friday, and it's being heard by the House committee on Monday. He reported that there is no opposition, and it seems likely to move forward, subject to all the other things that they have that they think are more important than this. He suspects it will get packaged up when it comes out of the house, and doesn't anticipate any inconsistencies between both houses. He expects it will pass into law.
After a discussion of the ramifications of the new approach, Bob announce that he would have to leave for another meeting shortly, and that Bill Norton would take over for the balance of the meeting.
Rule 114 Registrants
In response to a question from Bob about the number of people on the Rule 114 roster, Jan Frankman reported that she believes that the civil list is just under a thousand, and the family list is four or five hundred.
SPIDR Conference
Jan Frankman reminded everyone of the upcoming Minnesota SPIDR conference on May 7, 1999. She said it is going to be a great program called, "On the Cutting Edge in a Broad Field: Skills Enhancement, Substance, Dialogue and Debate, Something to Challenge Every Peacemaker."
Mediator Ethics
Bob Langford introduced Rebecca Picard, and then left for his meeting. Rebecca led a discussion on mediator ethics.
Because of the potentially sensitive nature of the subject of ethical dilemmas, and the desire to have as candid discussion as possible, it was decided not to have the court reporter record this segment. It was also decided that, in the future, at all CoManDR meetings there will be an announcement at the beginning that we do have a court reporter here and that anyone who wants to may request that certain portions of the conversation be off the record.
(Discussion off the record.)
After a discussion of ethical dilemmas, as well as the proposed code of ethics, Rebecca noted that there is a consensus that the procedures governing complaints needs to address complaints against organizations. She also invited anyone who has a response to the current draft to let her know, using her voice mail.
The meeting was adjourned at 1:35 PM.
Respectfully submitted,
J. William Norton
* (Draft, subject to member ratification)
Conflict Management and
Dispute Resolution Section Minutes
February 25, 1999*
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair-Elect, Jenelle Soderquist at 12:15 PM.
The following members and guests were present: Diane Lynch, Michele Gullickson Moore, Douglas Amdahl, Bill Hannon, Bill Norton, Jenelle Soderquist, Ric Rosow, Brian Ciccone, James Rogers, Rebecca Picard, Ken Fox, Jan Frankman, Gary Weissman, Mel Ogurak, Thomas Gergen, Marilyn McKnight, Rol Faricy and Jim Coben.
MSBA Annual Convention
Jenelle began the meeting by noting that the deadline for letting the Bar Association know whether we want to have a mini-session in Duluth is this coming Friday. She asked if three people would be willing to have a conference call about it. Michelle Gullickson Moore, Rebecca Picard and Bill Norton volunteered. A discussion of possible topics followed.
Secretary's Report
Before reviewing the minutes of the last meeting, Bill Norton described how the transcript of each meeting and the minutes of each meeting are prepared and disseminated. Briefly, he explained that the transcript is first prepared by the court reporter, and is then e-mailed to everyone who has provided the court reporter with an e-mail address, and to Heather Sia at the Bar Association. Once Bill receives the transcript from the court reporter, he prepares the minutes from it. He noted that he does not proof the transcript, or make any changes to it.
When the minutes are ready, Bill e-mail's them to Heather, who then sees that they are put on the MSBA web site, and makes copies for distribution at the next CoManDR meeting. Bill noted that for this meeting, Heather faxed the minutes together with the meeting notice, which he thought was great, since it gives members a chance to more conveniently review the minutes before the upcoming meeting. One person asked if it is possible to have them e-mailed. Bill said he would check with Heather.
Mr. Norton then reviewed the minutes of the January 28th meeting, which were approved by members present. He reminded everyone that the date of the April meeting was changed to the 15th because of the Bar Association's pending move to new quarters.
Ethics Committee Report
Rebecca Picard reported that she met with the ADR Review Board last Friday, and that nine out of its twelve members were present. She gave a report as to what was discussed.
She said that although the group appeared to be willing to consider further changes in the proposed "Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals" as a result of her meeting with them, they did not think they wanted to meet with CoManDR representatives in drafting any changes, since CoManDR is but one of several groups that would be affected by the proposed procedures. SPIDR and community mediators were cited as examples. The facts that CoManDR accepts non-attorney members, and that some of its members are members of those other groups was evidently not persuasive to Review Board members.
She said that what the Board wants to do is to go back to the drawing Board themselves. They will work on confidentiality provisions and try to address most of the things that she presented to them. And then they will contact us and probably set up another meeting and maybe invite some other groups to that meeting. What is clear, she noted, is that we don't want to meet with them again or write to them again or go to them again without having an actual draft of what we think it should look like.
Rebecca reported that the next meeting of the Ethics Committee is March 10 from 11:30 to 1:30 at Bob Langford's office, and they would welcome added participation.
Rebecca recognized Jim Coben, who is one of the new members of the ADR Review Board. She indicated that he is going to be drafting some of the confidentiality provisions on behalf of the Board --so maybe we will be able to work with him a little bit on that as well.
Jan Frankman, who is the President of the Minnesota Chapter of SPIDR, said that she would raise the issue of naming a SPIDR representative to work with the ADR Review Board at the next SPIDR Board meeting.
Rebecca said that one question that we do not have consensus on, even within the Ethics Committee, is the jurisdictional issue. The way the enforcement policy is written right now, it appears that it applies to a Rule 114 neutral even when the neutral is not acting in a court-referred Rule 114 process; and that there is a split of opinion as to whether that's appropriate. Acting as an NASD Arbitrator was cited as an example.
Jim Coben said he'd be glad to take back to the Board any ideas that came out of the March 10 meeting. He reported that Kent Wagner is the person who is actually doing the drafting for the Board. He said he believes that at this point more input would be helpful, and that he shares the concerns that are on Rebecca's list.
In response to a question, Mr. Coben indicated that the Board evidently
has two primary concerns. One is that it's too early in the process to
devise an elaborate
process, given the lack of history of complaints, so there will be some reluctance to create something that's too elaborate or complex. They would rather start with something simpler and then, when more experience is gained, refine it. That's a pretty strong consensus on the Board.
He said the other concern is just the issue of the staffing required if something more elaborate were put into place. Finally, there is a feeling that the Board has already previously addressed these issues, and does not want to spend time rehashing them again.
Melvin Ogurak said he would like to add that the American Arbitration Association has a complete procedure for its no-fault arbitrators, and that he wondered if that had been looked at. He said they have a questionnaire that's sent out that asks if there are any complaints regarding the arbitrator. He said he is not sure what they do after that, but perhaps we should inquire, and that perhaps it might give some insight and direction.
Rebecca said that another source that they have been looking to is Florida, which has the most elaborate procedure - which, she noted, is exactly what the Board does not want to adopt - but which, might nevertheless be very useful.
Duane Krohnke noted that under the Alternative Dispute Resolution Act of 1998, federal law requires federal district courts to adopt an ADR program with a list of neutrals. The District of Minnesota does not yet have anything that complies with this new statute, he noted. So going forward, as the federal court comes into this game as well, he thinks that the federal courts are going to be relying on the state neutral roster. And even though they will have their own procedures as they do when they discipline attorneys in the federal court, they will be relying on the state court, so he thinks that's an additional argument, at least going forward, as to whether there need to be more procedures.
Jan Frankman asked Duane whether there is a federal court contact person that might want to come into it right now, if that's what's anticipated. He indicated that Frank Dosal, the clerk, has someone who is working with him on it.
Legislative Update
Jenelle noted that Ed Anderson was not at the meeting. She asked Jim Coben if he didn't know something about some draft legislation proposed by a Peter Thomson. Jim reported that Thompson is a professor at Hamline, that he had introduced it last year, and that it's going to be introduced again. Jim said he had talked to Peter right before this meeting, and Jim thinks there are a lot of problems with this bill. Jim believes that Mr. Thompson's motivation in bringing it forward was frustration -- that he feels that he has identified a number of problems with the current state of the law that he brought up two years ago and hoped to get input from CoManDR on and hadn't. He wanted to get the debate going. He talked to someone in the Minnesota House about it, who suggested that he introduce it as a bill - so that is what he did.
He does not believe that Mr. Thompson is wedded to any specific language - that he's primarily interested achieving three objectives. First, Mr. Thompson is concerned that the privilege contained in the current law and Rule 114 itself create many traps for the unwary, particularly for unrepresented person in terms of knowing what the level of confidentiality protection would be. So that's his number one concern. Secondly, he believes there are inconsistencies between Rule 114 and the existing evidentiary privileges that should be reconciled. Thirdly, there is a question as to exactly what the nature of the privileges should be -- who owns them, how broad they are, what the mediators can actually testify about. And there is a healthy division on that latter point, Jim noted.
Jim noted that he thinks it's really important that the bill in its current state not pass. But, he does feel that the bill raises a number of important issues that we should be concerned about. And there are some very specific things that are problematic that if we don't act to try to cure, will be traps for the unwary -- notwithstanding the new legislation that has been proposed for the mediation act. Jim said that he does not think there is a bill number yet, but there probably will be soon. And he does not think committee hearings have been set or anything like that yet.
It was proposed that a further discussion of the matter take place at another CoManDR meeting -- possibly one structured around this bill.
Treasurer's Report
Brian Ciccone reported that there would be no Treasurer's report since he had not received a financial statement for January yet from the MSBA. Brian then spent a few minutes going over procedures for e-mailing the transcript to everyone who wanted it, depending on the type of office software the recipients have.
Educational Seminars Committee
Diane Lynch arranged to have a presentation on the U.S. Postal Service "Redress program". She introduced the speakers, Ken Fox, who is an Assistant Professor and Director of the conflict resolution program development at Hamline University, and Marilyn McKnight, who has been a mediator in private practice since 1977, (together her husband, Steven Erickson). It was an interesting and informative presentation, interlaced with questions from and discussions with others in attendance.
The meeting was adjourned at 1:30 PM.
Respectfully submitted,
J. William Norton
* (Draft, subject to member ratification)
Conflict Management and Dispute Resolution Section Minutes:
January 28, 1999
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota Sate Bar Association was called to order by the Chair, Bob Langford, at 12:15 PM.
The following members and guests were present: Robert Langford, Diane Lynch, Michele Gullickson Moore, Douglas Amdahl, Jay Isenberg, Andrew Dick, Craig Holcomb, Joe Kenyon, James Brehl, Bill Hannon, Ed Anderson, Bill Norton, Jenelle Soderquist, Ric Rosow , Dave Fitzgerald and Elizabeth Carlson.
Mr. Langford noted that he had recently seen an issue of the University of Minnesota Alumni Review, and in it was a report of a charitable remainder unit trust that was set up by Jay Stewart and Mary T. McClenden. The trust provides funding for an ADR chair to be set up at the law school.
Mr. Langford suggested that, in light of the pending move of the Bar Association to a new building, in April, it might be wise to change the date of the April meeting to the third Thursday April. There being no objection, the meeting was set for April 15, 1999.
Bob reported that the State Board of Continuing Legal Education has been reviewing alternative ways for delivering CLE., and they have been advocating that there would be CLE credit for lawyers who attend CLE presentations through audio conferencing, and they're asking us to support this in connection with our meetings. Bob asked whether, beginning with the February meeting, we would like to have our meetings teleconferenced. After discussion, the teleconferencing of future meetings (with the granting of CLE credits for them) was approved by members present.
Bob next reported that Mary Jo Ruff, who has been the Associate Executive Director of the Minnesota State Bar Association and has been our affiliated person for some time, is resigning as of the following Friday. He read her letter to the section chairs aloud.
Legislative Committee Report
Ed Anderson, Vice Chair of the Legislative Committee, gave a report regarding the proposed legislation that the Committee was sponsoring in response to the Haghighi v. Russian American Broadcasting Co decision, where they refused to enforce a mediated settlement agreement because it did not contain certain required statutory language, despite the fact that the parties' attorneys were present. The proposed language was as follows (new language underscored):
Subdivision 1. General. The effect of a mediated settlement agreement shall be determined under principles of law applicable to contract. Unless parties to a mediation settlement agreement are represented by counsel, a mediated settlement is not binding unless it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights.
He reported that the Board of Governors of the MSBA has adopted it as the position of the Bar Association, and that he is given to understand that the bar lobbyist now has the project, and they will call if they need our help.
Bob observed that there shouldn't be any challenge in getting a sponsor for this legislation, but suggested to Mr. Anderson that if he does not hear from them in a week or less, he should probably call Lloyd Grooms, who is the Bar Association's paid lobbyist. Ed noted that by the time we get together next month if it has not advanced, it may be dead - that it has to move out of committee in one house or the other -- so he'll get after Lloyd this week or next week.
Secretary's Report
The Secretary reviewed the minutes of the last two meetings with members present. In response to a question about whether we should have approvals of the minutes, Bob suggested that we dispense with the approval of minutes in the future. The minutes were accepted without objection.
Ethics Committee report
In Rebecca Piccard's absence, Bob gave a report on the Committee's continuing desire to get the ADR Review Board to adopt more of its suggested changes in the proposed "Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals".
Bob noted that the procedures favored by the ADR Review Board probably do not afford due process, because if you're a neutral and a complaint is made against you, you don't know what's going on, you do not know what is going to happen, you do not have an opportunity to respond to it, you do not have the opportunity of facing whoever is making the accusation, etc.
Secondly, he noted, there is nothing specific in it about how the Board
deals with complaints it receives. How are they going to respond, he wondered,
when the Minneapolis Tribune calls them and asks about the individual,
and whether he is a good guy, bad guy, etc. In short, he noted, they are
concerned that there isn't a process that has been developed that protects
the neutral in the context of complaints. Also, he queried, if a person
is removed from the Rule 114 list because of something he or she has done,
can the person continue to practice as a neutral, albeit not as a Rule
114 listed neutral?
Bob said the Committee continues to feel that the proposed investigatory model is not appropriate, and that there are all sorts of opportunities to follow fairly well-developed methods, such as those set forth in the bar rules and in other models, for dealing with this kind of situation that we could adopt.
Bob asked for suggestions for advancing the issue. He noted that one approach could be to go to the Board and tell them we find this is totally unacceptable, and that we're going to appear before the Supreme Court and tell them that the standards are inadequate and even though it may cost some more money to administer them, if they're going to do it at all, they should do it in a way that has at least minimum fairness standards consistent with our letter. Another approach, he indicated, would be to try to develop an extensive model code, if you will, of enforcement for them, so that they would have something in their hand that they could refer to that they might adopt.
Andrew Dick said he would just like to highlight a couple things. He said Bob felt that we've tried to work with the Board and offered a lot of things, and they essentially haven't done a thing. And when we appeared at the Supreme Court building, they did not seem interested at all about our concerns. And Bob was of the opinion that if we spend a whole lot of time -- and it's going to take a whole lot of time writing this stuff and presenting it -- his guess was they'll just treat this the same way they treated everything else we've done, and it may be too late. And so, Andy noted, I don't think most people on the committee wanted to put in the time to develop a lot of rules, given the experience we've had in the past.
Bob also commented that they've titled something in it an immunity, and he doubts that an immunity can be created by rule.
Bill Norton suggested that we see if we could go back to them offering a compromise, saying, "Look, we at least need these things -- these fundamental things" - and then offer them some language to accomplish just those fundamental things. He suggested that we withdraw everything else that is not of great importance.
Michele Gullickson Moore suggested that our efforts might be aided by just letting the Supreme Court know of our issues before we meet with the ADR Review Board.
Douglas Amdahl observed that one thing that bothers him is that there seems to be a general feeling that if the Committee files whatever they're going to file with the Supreme Court for approval, the Court will pay no attention to what is requested. He said that is not true. Whatever is filed is very carefully considered in a court conference, after those rules have been offered, he noted. But we do have to have something put together that makes good sense before the Court is going to consider adopting it.
Bob said that this would suggest that we should probably both carefully
explain why we reject what they're proposing and have an alternative for
the Court. Mr. Amdahl agreed.
Ed Anderson wondered whether raising the fee that is charged for Rule 114 registration could support the added administration that would be needed if some of our proposals were accepted. There was some discussion on this point.
Douglas Amdahl said he felt that the pool (of Rule 114 neutrals) might get smaller, too, if this is going to be directed only to people who are on the list. If you're not on the list, why, you can do anything you want, he noted. People get criticized, nothing happens.
Bob said that the way this simple form is drafted the Committee thinks - but it is not sure -- but thinks it applies to non-Rule 114 neutrals; but the remedy is only to be removed from the list. He asked why the court group should have any kind of interest in what Andy Dick is doing for the National Association of Securities Dealers, which is not a Rule 114 related activity. However, he also noted that he thinks Rebecca Piccard or Jan Franklin would say we should have a rule that applies to everybody.
Messrs. Dick and Langford also expressed concern about the public nature of any finding against a neutral (in light of the lack of due process, currently.)
In conclusion, it was agreed that the Ethics Committee would try to draw up something that could afford at least the minimum due process protections needed, for submission to the ADR Review Board.
Educational Seminars Committee
Diane Lynch introduced our speaker for the day, Elizabeth Carlson, Principal Planner, Minnesota Department of Natural Resources, who then spoke on the subject of Facilitating Public Disputes From a Statewide and National Perspective. There was a question and answer session following her presentation.
Mr. Langford announced that the next meeting would be held February 25, 1999
The meeting was adjourned at 1:30 PM.
Respectfully submitted,
J. William Norton
* (Draft, subject to member ratification)
Conflict Management and
Dispute Resolution Section Minutes:
December 17, 1998
(Subject to Member Ratification)
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Bob Langford, at 12:00 PM.
The following members and guests were present: Robert Langford, Bill Norton, Brian Ciccone, Mary McCormick, Michele Gullickson Moore, Douglas Amdahl, James Rogers, Lee Ann Horton, Debra Crane, Susan Snyder, Peter Ekholm, James Brehl, R. Rasow, Rebecca Piccard, and two non-legibles.
Presentation to Duane Krohnke
Mr. Langford announced that he wanted to begin the meeting by making a presentation to Duane Krohnke in recognition of his consistent efforts on behalf of the Section during the three or four years he has been involved.
Bob noted that Duane is the Section's immediate past chair, where his participation and leadership has been very valuable, particularly in the areas of the development of a code of ethics and in member educational programs - not only as a leader, but also as a presenter. Bob said he felt that the CoManDR Section has presented as much member information as even the huge sections, and has been an extraordinarily interesting place to be to learn about a variety of ways of doing ADR and thinking about ADR and experiencing ADR. Bob also noted that the Minnesota Bar Continuing Legal Education programs the Section has sponsored have been well prepared, practical and well attended. Bob then presented to Duane a plaque in recognition of his participation as chair of this Section in the 1997-98 period.
Treasurer's Report
Brian Ciccone gave the Treasurer's report. Brian indicated that we have $8,446 in the bank. Of that, $5,435 was revenue, basically due to Membership dues. He said that miscellaneous expenses totaled $734. Finally, he reported we added seven new members.
Transcription of Section Proceedings
Mr. Langford reported that Brian Ciccone, who is also the owner of a court reporting service, has volunteered to have a court reporter start transcribing what takes place at the CoManDR meetings. Bob indicated that the plan is to make the transcripts available at the CoManDR web site.
Brian introduced the court reporter he brought to do today's transcribing. Brian noted that although we haven't worked out the details on how we're going to post this on the Internet -- he was confident it could be done. He also indicated that he would be able to send today's transcript to everyone who has provided their e mail address. He said he believes the greatest benefit will be with respect to our guest speakers.
Ethics Committee Report and Discussion
Rebecca Piccard gave the report.
Code of Ethics
She noted that, as a lot of people know, we've been trying to work with the ADR Review Board on making their proposed enforcement procedure for the Code of Ethics for Rule 114 a little bit more clear, and we had written a letter to them proposing changes last July. Subsequently, the Committee had a meeting with the Board, and they indicated that they were going to take to heart a number of our suggestions -- and certainly the one about confidentiality.
In response to a call on her part, she received just a few minutes before she left for this meeting, a one page "Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals." From it, she said, it appears that the Board has decided not to take almost all of the suggestions of the Ethics Committee. She said she hasn't really had a chance to compare it with the one-pager that they had before, but that's the way it looks.
She said it appears to her that instead of there being an established process that can be used to respond to complaints, that the Board prefers instead to leave the code as proposed, and to "make it up as they go along". She said she believes this is their preference for a couple of reasons. First, they don't have the staff and the money for this function, and, secondly, they do not feel that the Rule 114 jurisdiction means all that much, simply because there is a lot of ADR that goes on outside the scope of Rule 114, so they're not even sure the "capital punishment" sanction -- which is removal from the list -- means all that much. So they don't want to put a whole lot of effort, obviously, into making a very "due process" model, until they're exactly sure what kinds of complaints are going to come in.
She expressed disappointment that they were not even putting in anything regarding confidentiality. Are they going to expunge a file? They haven't even made it clear whether the neutral is going to be informed if they decide not to take action on the complaint, she noted.
Rebecca said she is scheduling a meeting for the Ethics Committee for Wednesday, January 20, and invited anyone who wished to join the Committee. She also noted that she is on the Ethics Committee for the Academy of Family Mediators, which, she said, has a rather draconian grievance procedure.
ABA Annual Section of Dispute Resolution Meeting in Boston
Rebecca reported that the ABA Section has indicated that they were inundated with proposals for the Boston meeting, so they have just decided to have a 75 minute session on codes of ethics and enforcement procedures for codes of ethics in court-related ADR processes in Massachusetts, Georgia, Florida and Minnesota." She reported that although it's less than what we had hoped for, at least we'll be out there as one of the cutting-edge states, and she'll be able to bring back some information about what other states are doing.
Jim Brehl raised a question regarding privilege. The code of ethics speaks of a privilege being there to protect a person who makes a statement or who makes the complaint. However, the language doesn't completely follow the basic ADR provisions, as though perhaps it can be used as evidence against somebody else that is not the complainant or the maker of the statement. He wondered whether that was intended. He suggested she review it as to whether or not they mean this.
Michele Moore raised another question: namely, what they will do with the consumer who has been ordered into some form of dispute resolution, and the consumer calls them and says, "Okay, my attorney has said that we're going to use this neutral. I would like to know how many complaints are filed against this neutral," what kind of responses can they make? She noted that it's not covered at all.
Bob noted that he didn't know how many attendees had read the correspondence that we had with this board as a section; but Rebecca originally drafted a sensitive, accurate and, he thinks, a very complete list of this Committee or this Section's concerns. He said it included, in essence, as one of the things that we talked about, exactly what you're saying. How do you deal with people that are making complaints, and how do you deal with information that's furnished supposedly for the purpose of pursuing complaints, and, more importantly, how do you deal with the due process of parties who are having complaints against them made? So, he noted, there are whole lots of issues that in their judgment require a much more detailed and complete response than the Board has so far been willing to offer. He said he thinks they want to have us trust them. They feel that this really isn't that big of a deal. They don't have any funds to deal with it properly, so they just want us to trust them.
Other Matters
Bob reported that the American Bar Association is sponsoring a dispute resolution program in Los Angeles, at the Beverly Hilton, on February 5th and 6th.
Following introductions by Bob, the Section's two speakers for the day gave their presentations. Jeffrey Keyes, a partner in the firm of Briggs & Morgan, talked about representing the client in international disputes, and Duane Krohnke, a partner in the firm of Faegre & Benson, talked about international commercial dispute resolution. The speakers answered questions at the conclusions of their presentations.
Hand - Outs
1. "International Commercial Dispute Resolution - An Introduction."
2. Memorandum, 12-1-98, ADR for 2YK Disputes
3. Memorandum, 12-1-98, ADR in Federal Courts
4. "Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals."
The meeting was adjourned at approximately 1:30 PM.
Respectfully submitted,
J. William Norton
Conflict Management and
Dispute Resolution Section Minutes:
November 19, 1998
(Subject to Member Ratification)
A meeting of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Bob Langford, at 12:15 PM.
The following members and guests were present: Bob Langford, Diane Lynch, Jan Frankman, Duane Krohnke, Ed Anderson, Dan Simon, Michelle Moore, Michael Landrum, Thomas Fiutak, Kenneth Fox, Cathleen Anderson, Jim Rogers, LaVern Pritchard, Gary Weissman and Bill Norton.
Ratification of Minutes
The minutes of the last meeting of members were approved by members present.
MSBA Annual Convention
Regarding the MSBA annual convention in Duluth next year, Bob Langford reported that the Section's presentation will be on July 2nd, from 9:00 am until noon.
ADR Institute
Bob reported that our first ADR Institute, which was held November 6, 1998, was very well received. He also said the course materials were excellent, particularly the extensive materials presented by Gary Weissman. He read a letter of appreciation from the staff at Minnesota CLE.
Treasurer's Report
Brian Ciccone gave the Treasurer's report. Brian indicated that we have $8,380 in the bank. Brian volunteered to begin providing a stenographer, at no cost, to record what is discussed at future monthly meetings. His proposal was approved by members present.
In response to a question, Bob said we have about 285 members.
Committee Reports
Legislative Committee
Ed Anderson gave the Legislative Committee report. Ed reported that the deadline for sections such as ours to submit to the MSBA any legislative proposals or comments on pending legislation is December 6, 1998.
He presented a proposed piece of legislation to deal with the problem cause by the recent Haghighi v. Russian American Broadcasting Co. decision as previously reported by Duane Krohnke.
Basically, the court in that case stated that a mediated settlement agreement is not binding unless it contains a provision stating that it is binding, as required by Minnesota Statutes § 572.35, even if it is clear that the parties intended it to be binding.
After discussion, persons present approved submission of the following
Proposed amendment
to § 572.35:
§ 572.35 Effect of mediated settlement agreement
Subdivision 1. General. The effect of a mediated settlement agreement shall be determined under principles of law applicable to contract. Unless parties to a mediation settlement agreement are represented by counsel, a mediated settlement is not binding unless it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights.
Subd. 2. Debtor and creditor mediation. In addition to the requirements of subdivision 1, a mediated settlement agreement between a debtor and creditor is not binding until 72 hours after it is signed by the debtor and creditor, during which time either party may withdraw consent to the binding character of the agreement.
Ethics Committee
It was reported that the ADR Review Board will be meeting tomorrow to discuss enforcement of the Code of Ethics.
Educational Seminar Committee
Diane Lynch arranged for 3 local leaders in the ADR field -- Thomas Fiutak, head of the Conflict and Change Center at the University of Minnesota, Kenneth Fox, Director, Conflict Resolution Program Development, Hamline University and Michael Landrum, Director of the Center for Conflict Management/ AMERICORD and Adjunct Professor, William Mitchell College of Law -- to give presentations. Each gave interesting summaries of their respective operations; and the general feeling among members present was that there should be more frequent interactions with these individuals and their organizations.
Recent ADR Developments
Duane Krohnke distributed a 7 page memorandum summarizing recent ADR cases of note, and a complete copy of Folb v Motion Picture Ind. Pension & Health Plans, which he summarized. (The case has to do with the confidentiality of communications. Although affirming that communications between parties during a mediation are protected, as are communications in preparation for and during the course of a mediation with a neutral, the court held that subsequent negotiations between the parties are not protected even if they include information initially disclosed in the mediation. To protect additional communications, the court said, the parties are required to return to mediation.)
Next Meeting
Bob reported that the next meeting of the Section will be held December 17, 1998.
The meeting was adjourned at approximately 1:30 PM.
Respectfully submitted,
J. William Norton
The monthly meeting of the year of the Conflict Management and Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Bob Langford, at 12:15 p.m. October 23.
The following members and guests were present: Bob Langford, Jim Brehl, Roger Williams, Jeff Jacobs, Douglas Amdahl, Diane Lynch, Jan Frankman, Rebecca Piccard. Rick Rosow, Duane Krohnke, Ed Anderson, Dan Sihon, Sam Rivera, Nancy Veronen, Brian Ciccone, and Bill Norton.
Ratification of Minutes
The minutes of the last meeting of members were approved by members present.
Judicial Fair Response Committee
Bob Langford announced that volunteers are needed for an MSBA fair response committee that is being formed for the purpose of combating unjust criticisms of judges. Jim Brehl volunteered.
CLE Happy Hour
Bob reported that there will be an MSBA Continuing Legal Education happy hour at Chang OHaras November 5, 1998 from 5-7 PM; and that representatives from each Section of the Bar are requested. Bob asked for a volunteer.
MSBA Annual Convention
Bob reported that the MSBA annual convention will be held in Duluth again. It will be held June 30-July 2, 1999. He asked whether there was interest in having the Section participate, and whether there was interest in doing another mini-convention like last year. The consensus was that we should participate.
ADR Institute
Bob reminded attendees that the first ADR Institute will be held the November 6, 1998.
Annual meeting in Boston
As noted at the last meeting of the Section, the ABA Section of Dispute Resolution will be doing a presentation at its annual meeting in Boston April 29 May 2, 1999. and has invited proposals from the various bar associations who wish to participate. Bob reported that the Section has decided to participate, and has submitted a proposed program that would be entitled: "Whose process is it anyway: ethical and practical implications of self-determination in mediation". Bob and Rebecca Piccard will be doing the presentation, if Minnesota is selected. Bob reported that the ABA has received approximately 50 proposals.
Treasurers Report
Brian Ciccone gave the Treasurers report, based upon information supplied by the bar association.
Committee Reports
Legislative Committee
Ed Anderson gave the Legislative Committee report.
Ed reported that the deadline for sections such as ours to submit to the MSBA any legislative proposals or comments on pending legislation is December 6, 1998.
Ed noted that the National Commission on Uniform State Laws is working on the Uniform Arbitration Act. He said that they will be having one more meeting in Richmond, VA in February. He reported that Professor Thomas Stipanowich at the University of Kentucky is the chair [Secretarys note: His Email address, if anyone needs it, is: email@example.com.] Ed also has the name of the reporter.
Ed also mentioned some upcoming ADR meetings nationally.
Ethics Committee
Rebecca Piccard gave the Ethics Committee report.
ADR Review Board and Code of Ethics
In the Ethics Committee report last month, Jan Frankman reminded participants that the ADR Review Board had released a "Procedure Governing Complaints Against Neutrals and The Code of Ethics Governing Neutrals" ("code of ethics"), and had invited comments regarding it; and that, on May 13, 1998, the Section had sent a comment letter to the ADR review board in response to this request.
Rebecca noted she understands that Judge Flynn and Kent Wagner are acting as sort of an Ad Hoc committee for making changes in the code of ethics, based upon the suggestions made by the Section; and thought that they might be finished by November. She also gave members an idea of the composition of the ADR Review Board.
Use of Non-Rule 114 Neutrals by the Courts
One participant noted that judges sometimes select mediators who are not on the Rule 114 roster, and wondered whether the Section should not undertake an educational program for judges. He expressed the view that while, on the one hand, the selection of non-Rule 114 neutrals might be appropriate in some cases, depending upon the issues before the court; so the Judiciary should not be prohibited from selecting non-Rule 114 mediators -- he did feel, on the other, that the indiscriminate appointment of non-Rule 114 neutrals, particularly those with little or no experience, is something that the judiciary ought not to do. It was his opinion that such selections ought to be made only when based upon a finding by the judge in question that the selection of the non-Rule 114 person is justified for reasons to be provided by the judge (e.g., the possession of specialized knowledge not possessed by a Rule 114 neutral).
It was also noted by another attendee that she believes that the Rule 114 list often is not used out-state. Another attendee noted that the Code of Ethics is not applicable to non-Rule 114 mediators, and that this, together with other factors, are important reasons for the judiciary to make very limited use of non-Rule 114 neutrals.
ABA Dispute Resolution Section Publication
Bob recommended a publication put out by the ABA Section of Dispute Resolution entitled "ADR Personalities and Practice Tips", which can be ordered by calling 800-285-2221.
Discussion groups
Diane Lynch then chaired two discussions among participants. The first was "Building a Client Base". The group had an interesting discussion on the subject, which lasted about 25 minutes. The second topic: "Preparing for a Case", filled the rest of the time.
Next Meeting
The next meeting of the Section will be November 17th, at 12:15 at the CLE Center.
The meeting was adjourned at 1:35 p.m..
Respectfully submitted,
J. William Norton
The first monthly meeting of the year of the Conflict Management and
Dispute Resolution Section of the Minnesota State Bar Association was
called to order by Chair, Bob Langford,
at 11:30 AM.
The following members and guests, among others, were present; Douglas Amdahl, Ed Anderson, Brian Ciccone, Jan Frankman, Duane Krohnke, Bob Langford, Diane Lynch, Bill Norton, Jenelle Soderquist and Roger Williams.
Schedule of Meetings
It was agreed that the monthly meetings of the COManDR section for the year will be held the fourth Thursday of each month at 12:15 p.m., except for the November and December meetings of this year, which will be the third Thursday of the month.
The next Ethics Committee meeting will be October 7 at Bob Langford's
office at
The next CoManDR meeting will be held October 22,1998 at 12:15 p.m. in the MSBA CLE Center.
Committee Memberships
Bob Langford reported that Ed Anderson has agreed to be Vice Chair of the Legislative Committee and that Diane Lynch volunteered to head the Educational Seminars Committee. Bob reported that we still need someone to head the Arbitration Committee.
Future Meeting Subjects
A number of suggestions for future monthly meetings were made by participants in response to a request for ideas from Bob Langford.
Mr. Langford reported that the American Bar Association will be holding a meeting in Boston April 29 through May 2,1999 (at the Park Plaza Hotel) and that ethics is going to be one of the subjects discussed. He thought that it might be an opportunity for the Section to get on the program, and to tell participants what we have been doing in Minnesota in that area. He thought it might be particularly appropriate since Minnesota and Florida seem to be the two most active states.
Committee Reports
Duane Krohnke distributed a memorandum summarizing some recent ADR cases of note, and discussed them with participants. Ed Anderson gave a fairly detailed report sua sponte on a 25-year-old case related to one in Duane's presentation.
Jan Frankman gave an Ethics Committee report. She reminded participants that the ADR Review Board had adopted a "Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals", and had invited comments regarding it. She noted that on May 13,1998, the Section had sent a comment letter to the ADR review board in response to this request. She reported that a three-hour meeting was held with representatives of the ADR review board in response to the comment letter. Some of the attendees, in addition to herself, Bob Langford, Rebecca Picard and Andrew Dick were Judges Flynn and Greenberg, Tsippi Wray, Kent Wagner, Pat Burns and John Palmer.
Other Matters
Gretchen Otto
Gretchen recently provided the Section with a very nice summary of the history of the Section, its purposes, accomplishments and goals, and a summary of all of its committees, and their purposes. Bob expressed his gratitude for the summary (to which this writer would like to add his, since he has already found it very helpful). Bob also expressed his gratitude for the other enthusiastic help she has been giving to the Section.
CoManDR Web Site
Bob reported that the CoManDR web site has been improved. Links to other sites have been added. He asked whether anyone had other sites they thought would be worthwhile.
ADR Review Board Personnel
Jan Frankman reported that Lynae Olson is leaving the ADR Review Board. Jan also reported that there will be a SPIDR meeting in Portland in October, and encouraged attendees to consider going.
Uniform Arbitration Act
Ed Anderson reported that the Commission on Uniform Laws is meeting in Rapid City, and one of the things they have under consideration is a Uniform Arbitration Act, which appears to be very close to final.
The meeting adjourned at 1:30 PM.
Respectfully submitted,
J. William Norton
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