ACCTM - American College of Civil Trial Mediators

2011 Lifetime Achievement Award
JULY 18, 2011 - At the annual meeting of The American College of Civil Trial Mediators held at The Resort at Squaw Creek, Olympic Valley, CA, the 2011 Lifetime Achievement Award was presented to H. Jay Folberg, Executive Director JAMS Institute and JAMS Foundation, Professor Emeritus at the University of San Francisco, School of Law, San Francisco, CA.

JAY FOLBERG has been an active mediator for 40 years and is the Executive Director of the JAMS Institute and the JAMS Foundation. He is former Dean and Professor Emeritus at the University of San Francisco School of Law. Professor Folberg served as president of the Association of Family and Conciliation Courts, president of the Academy of Family Mediators, and chair of the Alternative Dispute Resolution Section of the Association of American Law Schools. He chaired the California Judicial Council Task Force on ADR and its Blue Ribbon Panel on Arbitration Ethics. He was honored in 2003 with the Judicial Council’s Bernard Witkin Amicus Curiae Award “for his leadership in the field of alternative dispute resolution and his outstanding contributions to the California courts.” Professor Folberg is also the recipient of the Academy of Family Mediators Distinguished Mediator Award and the Mediation Society’s Distinguished Contribution to Mediation Award. He has conducted mediation and negotiation trainings around the world.

In addition to receiving the 2011 Lifetime Achievement Award, the College takes great pride in welcoming Mr. Folberg as Fellow Emeritus.

2011 Distinguished Fellow

Sadly, MICHAEL F. NAUYOKAS, Honolulu, HI, the 2011 Distinguished Fellow, passed away unexpectedly on September 5, 2011. Mike has been a member of the College since 2002. In addition to traveling annually to attend each year's Retreat and Conference, he served as a Director on the Board and worked tirelessly to recruit new members. His loss will be felt by everyone who had the privilege and pleasure of knowing him.

March - 2011 Regional Representation In Mediation Competition

President, Pamela Reeves, and the Fellows of the American College of Civil Trial Mediators are pleased to participate as a sponsor of the Regional Representation In Mediation Competition hosted by the University of Tennessee, Knoxville College of Law, March 11-12, 2011, in cooperation with the University of Dayton School of Law, Regent University School of Law, University of North Carolina School of Law, Richmond School of Law and The Ohio State University Moritz College of Law.

PUBLICATIONS

The following are summaries of publications authored by College Fellows for web-access. Reprints can be obtained by contacting the author(s) or on-line as indicated.

Dispute Resolution Alternative For The Michigan Condominium And Other Common Interest Community (CIC) Properties: A Case for Drafting Comprehensive ADR Provisions into CIC Documents
Author: Asher N. Tilchin, Fellow, Farmington Hills, MI
Dispute Resolution Alternative . . .
Published in the Michigan Real Property Review, Summer 2007, Vol. 34, No. 2 by the Real Property Law Section of the State Bar of Michigan. Community living in residential condominiums and cooperatives has significantly increased over the past 40 years. This phenomenon has spawned a plethora of disputes among neighbors – many that have lead them to the courthouse. This article makes a case for pre-emptive mediation that is mandated upon the disputants through Master Deed or Declaration document provisions. Sample clauses are included.

Navigating The Mediation Process:
Overcoming Invisible Barriers To Resolution
Author: Bennett G. Picker, Philadelphia, PA
Navigating The Mediation Process
Mediation involves many key relationships beyond that of plaintiff and defendant that could present barriers to resolution. The author identifies some of these relationships, shows how they can create barriers to a successful mediation, and offers suggestions for overcoming these barriers.

What Mediation Can Do For Your Business
Author: Charles W. Crumpton, Honolulu, HI
Article Sept 2006 - Pacific Business News
All business ventures are shared learning experiences. Cost-effective communication, negotiation and dispute prevention and resolution are essential tools of any successful business and business person. Mediation is the fastest growing resource for business dispute prevention and resolution, and a tool no business, no matter how small, can afford not to develop and use on an ongoing basis. This article identifies and provides practical tips on why, how and when businesses can benefit from developing and using this valuable tool.

Sex, Politics, & Religion At The Office:
The New Competitive Advantage
Author: John Boogaert and Douglas E. Noll (www.nollassociates.com)
Mail To: doug@nollassociates.com
If you have any interest in understanding how sex, politics, and religion can transform these three hot issues into a sustainable competitive advantage, buy and read this book. For additional information and to order please go to www.sprattheoffice.com .

The Alternative Dispute Resolution Practice Guide
Author: Randall W. Wulff (http://www.wqsadr.com)
Mail To rwulff@wqsadr.com
This book is designed to guide the attorney through the ADR options. Over 30 well known experts in the ADR field have contributed chapters in their areas of expertise. It provides comprehensive descriptions and analyses of the various ADR procedures, both in general terms, and with respect to specific practice areas. This practice guide also discusses the considerations involved in deciding which ADR process is best suited for a particular type of dispute, and provides practice tips on how to succeed with the process selected. Finally, it briefs the practitioner on the relevant laws and applicable rules, as well as recent ADR developments.l The goal in producing this practice guide is to provide the practitioner with the most comprehensive and useful resource available in dispute resolution.

How ADR Works (Washington:2002, BNA)
Author: Norman Brand (http://www.normbrand.com/pubs.shtml)
Mail To adrmaster@abanet.org
How ADR Works is a magnificent contribution for all of us who want to become more skilled, inventive, and thoughtful in our mediations and arbitrations. Editor Norman Brand’s premise is that dispute resolution is “an art to be mastered, not a body of rules to be learned.” His goal is to help us become masters by exploring how leading labor and employment mediators, arbitrators and advocates actually work and imparting to us the lessons they have learned. How ADR Works succeeds. Masterfully.

How ADR Works gives us a chair in the mediation and arbitration rooms of distinguished neutrals and advocates. The book includes eight chapters on how mediators operate and how they view their role, each written by a respected mediator. Seven experienced advocates provide their views on preparing for mediation and advocacy in mediation. Others address mediation of class actions. Multiple chapters on arbitration by respected neutrals and advocates explore the differences between labor arbitration and employment arbitration, as well as the varying methods of the authors in their work. At the end of each subsection, Brand provides his own clear analysis, synthesis, and insights.
[Review (partial) from ACResolution Summer 2003, Vol. 2, No. 3]
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Mediation Practice Guide:
A Handbook For Resolving Business Disputes (Second Edition)
Author: Bennett G. Picker (bpicker@stradley.com)
(http://www.iamed.org/pdf/MediationGuidepicker.pdf
Published in March, 2003, by the ABA Section of Dispute Resolution. This work provides a practical guide to the process of mediation and includes the following topics: suitability of a dispute for mediation; why mediation works or fails; mediator styles, strategies and techniques; how to select a mediator; how to prepare for mediation; role of the client in mediation; overcoming barriers to resolution; and effective negotiations in the mediation session. This volume of 222 pages includes an Appendix of mediation agreements, mediation rules and other related materials.

Peacemaking: Practicing At The Intersection
Of Law And Human Conflict
Author: Douglas E. Noll (denoll@managementconflict.com)
(www.nollassociates.com)
Learn what conflict resolution experts are saying about Doug Noll's new book by visiting www.cascadiapublishinghouse.com/pm/pm.htm.
In this large and ambitious project, Doug Noll weaves many strands of academic thinking about human conflict into an integrated view of why people fight, how they fight, and what they fight over - - and how they can instead make peace, whether in the courtroom or beyond.

Working With Your Home Owners Association;
A Guide To Effective Community Association Living
Author: William W. Huss
A highly acclaimed handbook for owners, board members, managers, and vendors involved in Community Associations. It is especially useful in helping to avoid destructive conflicts in Associations and bring about amicable resolution to disputes.

The Mediator as a Post Settlement Arbitrator in Business Disputes
Author: Asher N. Tilchin @ Tilchin & Hall, P.C. (antilchin@aol.com)
A successful mediation of a business dispute frequently leaves an unfinished agenda of substantial post settlement documentation. Should the mediator arbitrate disagreements among counsel with respect to these post settlement documents? This article explores the pros and cons of this possibility.

The Ethical Civil Trial Mediator
The Letter, The Spirit and The Practice
Author: Rodney A. Max @ Upchurch Watson White & Max (ramax@uww-adr.com)
This article begins with an inspiring recitation of the history of how mediation came into vogue in the State of Alabama. The author goes on to discuss how to conduct an ethical and profitable mediation practice . . . "With more conflict than all of us can handle, the "pie" of mediation opportunities is not limited. Its only limitation is the quality of the process that we make available. The higher that quality, the more we all benefit."

Multiparty Mediation
Author: Rodney A. Max @ Upchurch Watson White & Max, (ramax@uww-adr.com)
The definitive article on how to successfully mediate the complex multi-party case. Max addresses such issues as the facilities, pre-mediation attorneys caucuses, the opening session and the many faceted negotiations in a multi-party mediation. Learn how to move multiple parties into a reasonable settlement ballpark and how to bring them to home plate - the mediation agreement.

Mediation: The Humanization of the Justice System
Resulting In The Truest Equities Among The Parties
Author: Rodney A. Max @ Upchurch Watson White & Max (ramax@uww-adr.com)
and Kerry P. McInerney
Recognizing that too often a legal solution is not an equitable one, this article focuses on the difference between our current legal system and mediation. The article points out that the mediation process can help "breathe life" into the humanities on each side of the conflict.

A Matter of Principle:
The Role of Religious Philosophies in Resolution
Author: Rodney A. Max @ Upchurch Watson White & Max(ramax@uww-adr.com)
Kerry P. McInerney, and Jason A. Waddell
This thought provoking article recognizes that very often it is the parties' philosophical principles that the mediator must address in order to successfully motivate the parties toward attaining a meaningful resolution. The authors address how each of the three major faiths, Judaism, Christianity and Islam, deal with conflict resolution through in depth analysis and the use of actual mediated cases.

Breaking The Barriers in Negotiations
The Mediation Alternative
Author: Bennett G. Picker @ Stradley Ronon etc. (bpicker@stradley.com)
A well written synopsis of the benefits of the mediation process as contrasted with the win-lose environment of litigation. Picker highlights twelve reasons why mediation is an extremely effective alternative to direct and unassisted negotiations. The article is scheduled to appear this fall (2001) in "Alternatives", the monthly publication of the CPR Institute for Dispute Resolution.

Ethical Dilemmas in Mediation
Authors: Diane K. Vescovo, Allen S. Blair, and
Hayden D. Lait (hayden@memphismediation.com)
Published in the University of Memphis Law Review, Fall 2000 issue, this essay discusses many of the tough ethical questions we as mediators face every day. This work is especially relevant for mediators who still maintain an active law practice as it discusses many of the issues relating to conflicts that may arise regarding representation of clients of the mediator and his or her firm. The article also provides an in depth analysis of the mediator's responsibility to the parties.

Contract and Conflict Management
Author: Thomas J. Stipanowich @ CPR Institute for Dispute Resolution (tstipanowich@cpradar.org)
Published in the Wisconsin Law Review, Volume 2001, this article provides the reader with a comprehensive review of the types of alternative resolution remedies available to contracting parties and litigants, including a discussion of the role of all types of third party interveners to a dispute. The intent of this article is to stimulate awareness and understanding of the growing use of private governance mechanisms and private conflict management arrangements.

Mediating in the Shadow of the Courts:
A Survey of the Emerging Case Law
Author: James J. Alfini @ South Texas-College of Law (jalfini@stcl.edu)
and Catherine G. McCabe
Published in the Arkansas Law Review, Volume 54, 2001, this article provides an excellent review of the case law nationwide on such topics as confidentiality, good faith participation and the enforceability of mediated agreements. This issue of the Arkansas Law Review also contains an introduction by ACCTM Fellow Robert Moberly.

SELECTED ARTICLES FROM
Author: Norman Brand, Fellow, San Francisco, CA - From 1992 through 1995 I did a column for the San Francisco Daily Journal. Over the years I updated some of the articles that first appeared in the column and made them available on my web site: www.normbrand.com. Articles that I wrote for other publications, and which are available on my web site, are listed below. A fuller listing of articles is available at my web site.

Choosing the Best Mediator and Process
Knowing why you want to mediate, the underlying nature of your dispute, and the process most likely to succeed with your client is necessary for choosing the right mediator for your case.

How to Get Through Your First Mediation
Reprinted from New York Employment and Practice June 2000. Knowing the three major tasks involved in preparing for mediation, will help newer practitioners prepare for a successful mediation.

Know When to Say “No” in Mediation
There is a difference between knowing when to say “no” to mediation and when to say “no” in mediation. How a principled approach to mediation can be successful.

Mediation Strategy: The People to Bring and How to Use Them
Who you bring to the mediation depends on the nature of dispute and the type of parties having the dispute. Bringing the right people, and using them strategically, increases your chance of successfully resolving the dispute.

Learning to Use the Mediation Process - A Guide for Lawyers, 47 Arbitration Journal 6 (December, 1992), reprinted in Craver & Brunet eds. Alternative Dispute Resolution, (MICHIE, 1997).
An examination of different mediation processes and mediator styles, and how they can be successful in a client-centered process.

Choosing the “Expert” Mediator
Advice on how to determine what skills, expertise, and stature you need in the mediator for a specific case.

Ethics in Employment Mediation and Arbitration, 2 Employee Rights Quarterly 31, (Winter 2002). Examines the ethical issues for neutrals and advocates transparency for neutrals and a market approach for advocates choosing mediators.

SELECTED ARTICLES FROM
Author: Melvin A. Rubin, Distinguished Fellow, Coral Gables, FL
Mail To: MRubin@melrubin.com

“Mediation”, Chapter 55, Published By Matthew Bender (Now Lexis), Florida Family Law Reporter, 1992, Revised Chapter Pending 2011.

“Mediator Malpractice: A Proposed Defensive Path Through The Minefield”, Dispute Resolution Magazine, published by The American Bar Association, Section For Dispute Resolution, Fall 2010.

“Disaster Mediation: Lessons In Conflict Coordination And Collaboration”, Cardozo Journal Of Conflict Resolution, published by Yeshiva University, Spring 2008, Number 2, Volume 9.

“Disaster Mediation”, Dispute Resolution Magazine, published by The American Bar Association, Section For Dispute Resolution, Fall 2006.

Co-Author, “Mediator Accountability – Ethical and Legal Standards of the Profession”, American Journal of Trial Advocacy, Volume 28:1, Summer 2004.

“Ethics” Column Editor for Advanced Commercial Mediation Institute (ACMI) of the Association of Conflict Resolution (ACR), an online publication.