Newsletter

President’s Message

Dear Colleagues;
Let me invite you to become more involved in our chapter activities. As you may know, we have had several exciting programs at our monthly chapter meetings held the fourth Tuesdays of each month.  We have had a marketing authority speak along with a Federal judge, a municipal judge, civil law panel, family law judges’ panel and several others.
Our desire to serve the conflict resolution community includes: Presenting programs designed to inform and inspire;
Providing training opportunities to improve our skills; Promoting networking to encourage friendships, and the sharing of ideas; and Mentoring to help the novice become a successful practitioner.
As part of the mentoring opportunity, let me extend to you this offer. If you will send me an email to let me know of your interest, texasmediationgroup1@juno.com) I will meet with you one on one to discuss your practice, goals, and objectives in conflict resolution. In that discussion it would be my privilege to offer ideas, suggestions, and recommendations that hopefully will improve your business. We certainly do not have all the answers, but utilizing our experience (mostly learning from our mistakes), we may have a few good ideas.
Speaking of mentoring, Dallas ACR has a  program called First Saturdays wherein we invite a veteran CR specialist to share with us and then we have open dialogue within the group about our industry and our practices, concerns and questions. Also Dallas ACR is finalizing a formal mentoring program under the leadership of President-Elect Gene Roberts.
In closing let me quote Jim Rohn the business success guru, “Seldom will a good idea interrupt us. We have to go to the seminar, go to the workshop, go to the book, go to the sermon.”
Come see us. --- Jerrell J. Cosby, President Dallas ACR.

 

ACR Dallas NEWSLETTER, January 7, 2009………………………………………………..Page 2.

Officers Elected for 2008-2009

            Jerry Cosby, who was elected President-Elect last year, took office as the new president of ACR Dallas at the close of the October 28 meeting.
New officers elected were, President-Elect - Gene Roberts,             Secretary, Marc Lilly, Assistant Secretary, Audrey Moorhead, Treasurer, Connie Blair, Assistant Treasurer, Pam Rhodes, Director at Large, Ken Burdin, Director at Large, Sherri Cotton, and Student Director at Large, Arlinda Whitaker.
Jerry Cosby spoke briefly at the close of the meeting. He said progress had been made with presidents Sheikha Susie Hobeiche, Joe Hewitt, Kay Elliott, and Fred Lewis, and he had no intention of changing the direction, but pledged to lead the organization forward.
Officers continuing whose terms are not yet up are Martha Johnson,

Federal Judge Talks About Mediation

            Seventy per cent of the cases sent to mediation settle, said U.S. District Judge Sam A. Lindsey, speaking at the November 25 ACR Dallas meeting.
Mediators should be involved in the process, suggesting solutions rather than entertaining parties in separate rooms, Judge Lindsey said.
He explained how mediation works in his court: He asks the parties if they believe the case is suitable for mediation. If so, when, before discovery, or after discovery? The Judge said he always requires mediation to be completed no later than two weeks after discovery has been completed.
Only if the parties can’t agree on a mediator does Judge Lindsey appoint one. He has a list of approved mediators. He said to apply to get on the list to send a resume and qualifications.
In federal court cases no longer involve just a plaintiff and a defendant. More often there are multiple plaintiffs and multiple defendants and sometimes multiple causes of action in which mediation can be quite complicated.
Often parties will try to avoid mediation, saying it is no use. Most of the time, those cases are settled in mediation, he said.
Judge Lindsey listed reasons for mediation:
1. Cost. Both sides save great amounts of money if they can settle.
2. Quicker Resolution. When a case is settled in mediation, it is over. If not, it may be in litigation two or three years longer.
3. Confidentiality. Facts can come out in mediation that might not come out for public knowledge in a courtroom.
4. Voluntary Results. No one is forced to settle. Each side agrees to the settlement.
5. Informality. Parties can relax and communicate unhampered by courtroom procedure.

ACR Dallas NEWSLETTER, January 7, 2009………………………………………………..Page 3.

 

                        6. Control of Outcome. The parties are in control of the outcome in mediation and when they reach a settlement know exactly how they stand. They cannot predict the outcome of a trial.
7. Independent Evaluation. In mediation the client gets an objective view of his case from a neutral third party that might be more convincing than his attorney.
8. Mediation Terminates the Case. When a case settles that is the end of it. A court trial might be appealed. An arbitration award might be appealed or contested, and the litigation goes on and on.
The Judge said there are bases for arbitration awards being reviewed by the court, including, corrupt arbitrators, misconduct, exceeding powers, disregarding the law, and making an award contrary to some public policy. Ninety per cent of the time, however, arbitration terminates the case.
ACR Dallas President Jerry Cosby asked about defendants who were never served notice of an arbitration hearing. Judge Lindsey said that would be a basis for review by the court. Notification is a basic requirement.
Judge Lindsey said a mediator should be selected as an independent third party to assist in the negotiation. He encourages parties to select mediators skilled in a certain area, and gave the example of a civil rights expert who might not be suitable to mediate a construction case. The mediator must understand the complexity of the case, he said.
He expects mediators to ask the parties for a position paper to study and to look at it in detail before mediation begins.
“I tell lawyers not to choose the cheapest mediator,” he said. “You get what you pay for.”
Without mediators there wouldn’t be enough time to try all the cases, he said.
Judge Lindsey said he requires the party’s physical presence in mediation with full authority to settle. One federal judge had ordered the Attorney General to appear in a mediation, and he appeared. When you order the CEO of a big corporation to mediation, the case gets settled, he said.

Proposed Legislation Would Change Arbitration

            Bills are expected in the Texas Legislature that would radically amend the Texas General Arbitration Act, according to John K. Boyce, III, Chairman of the ADR Section of the State Bar of Texas in the Fall, 2008, issue of Alternative Resolutions.
One proposal would “virtually do away with pre-dispute (i.e., contractually agreed) arbitration in consumer and employment contexts.” Another would allow “appellate review of an award, as if it were a conventional judgment.”
Boyce labeled these proposals “a serious threat” to the arbitration process. He said, “Arbitration could be relegated to a part of the continuum of dispute resolution processes with no clear boundary between where arbitration ends and litigation begins,” and could end arbitration of important types of disputes.

 

ACR Dallas NEWSLETTER, January 7, 2009………………………………………………..Page 4.

Collaborative Law May Expand Beyond Family Cases

            The ADR Section, State Bar of Texas, has proposed  new rules to authorize collaborative law to function in contexts other than family law, it was reported in Alternative Resolutions, Fall 2008 issue.
Collaborative Law attorneys agree that if settlement is not reached in conferences, they will not represent their clients in subsequent trial settings. Therefore, there is increased incentive to reach a settlement agreement and proceed with an amicable divorce.
Although the proposed change in the Civil Practices and Remedies Code was approved by the ADR Section Council, the State Bar’s Board took a neutral position on it, according to the article in Alternative Resolutions.
Sherrie R. Abney, writing in the same issue, said, “Applying Collaborative Law to contingent fee cases involving accident and medical-error claims for amounts under $100,000 is an excellent way to serve many clients who are often ignored by litigation lawyers due to the cost of discovery and expensive experts. Voluntary discovery and jointly retained experts used in the collaborative process significantly reduce the amount of time and money required. . .”
Realizing the benefits in Collaborative Law many hospitals have abandoned their “deny and defend” positions demanded by insurers and are now freely disclosing information and settling cases, Abney said.

ADR Section Welcomes Mediators

            The ADR Section, State Bar of Texas, is the only section with non-attorney members. Mediators and others involved in Alternative Dispute Resolution may join. Dues are only $25.00 a year. Applications may be mailed to State Bar of Texas, ADR Section, PO Box 12487, Capitol Station, Austin, Texas 78711.

Marketing Expert Speaks to ACR Dallas

            Marketing mediation was the subject of the October 28 program by Frederick Barrow, an attorney who also has a degree in marketing and is the author of a training program for new associate attorneys.
When you first meet someone you should tell, 1. Who you are. 2. What you do. And, 3. Your economic value. He said you must set business goals, and keep records. “If it’s not counted, it doesn’t count.”
Mediators should know about legislation that will affect their profession, Barrow said.
He suggested establishing an “Ambassador Class,” group of clients you do business with whom you can invite to a social affair with prospective clients. Barrow said

ACR Dallas NEWSLETTER, January 7, 2009………………………………………………..Page 5.

 

he had done that and was disappointed that he did not get new business from the prospects, but he did get an increase in business from the established clients.
The “personal touch” is important, he said, a handshake, handing out business cards, and receiving cards. He encouraged listeners to write notes on the business cards to remind you of something about the person you can talk about the next time you meet.
Go to as many events as you can. If you don’t have time to attend the entire event, at least go for the reception where you can meet people. Take a client to the event, he said, and “never have lunch alone.”
“Create opportunities to be in contact” with prospects, Barrow said. And make their experience with you positive. People will remember you kindly if you are attentive to their needs more than they will remember the great job you did.
“Don’t fall in love with your product. Fall in love with your customers,” Barrow said.

 

Mediate Don’t Terminate

Advantages of ADR for Employees

From testimony before the US House of Representatives
Subcommittee on Health, Employment, Labor and Pensions.

            Faster resolution of problems. Justice delayed is justice denied, and employment-related litigation now takes, on average, more than two years to resolve. (For example, the average time to resolve civil cases in state courts was 24.2 months in 2001. In fiscal year 2006 alone, 259,000 civil cases were filed in U.S. Dictrict Courts.)
Inappropriate workplace practices are more likely to be corrected.
ADR is less disruptive and distractive than litigation. The ADR process is infinitely less disruptive and distracting vis-à-vis the more formal, costly, protracted, and combative legal process in our corts.
            ADR is more cost-effective than litigation. No long, drawn-out legal battles. No litigation. No appeals. No excessive litigation costs and legal fees. ADR achieves a fair, final, and early resolution. (Civil court cases last between two and a half and eight years.)
(The above points were gleaned from Testimony by Mark A. de Bernardo, in support of Alternative Dispute Resolution Programs in Employment February 12, 2008)

New Mediator’s Marketing Checklist
(Adapted from Frederick Barron’s Checklist for First Year Associate Lawyers.)

            1. Create a mailing list, classmates, fraternity or sorority members, college friends, church friends.
2. Set up a website with your bio.
3. Take at least one person, per quarter, to lunch.

ACR Dallas NEWSLETTER, January 7, 2009………………………………………………..Page 6.

 

 

  

Next Meeting Tuesday, January 27

            The next ACR Dallas meeting will be Tuesday, January 27, at 5:30 p.m. at Center for Community Cooperation, 2900 Live Oak St., Dallas, Texas 75204. The meeting will start with a light supper at 5:30. The regular meeting will start at 6:00.
Task Forces to operate during the coming year will be organized. Please come and take part.
Monthly Dallas ACR Chapter meetings allow local conflict resolution professionals to network with fellow members who currently work within and outside the profession of mediation.
Dallas ACR Chapter meetings provide a forum during the year for a diverse array of speakers and programs. They also serve as an ideal place to discuss practice ideas and methods that enhance one's professional development in the field of conflict resolution.
Dallas ACR has over 100 members comprised of mediators, lawyers, arbitrators, engineers, realtors, judges, facilitators, educators, and others involved in the field of conflict resolution and collaborative decision-making.
Anyone interested in the field of conflict resolution in the Dallas area is welcome to join. Non-members may attend Dallas ACR chapter meetings for a nominal fee of $10.00 per meeting (refreshments are included). Annual membership dues are $40.
For more information see our website, www.dallasacr.org, or email any of the officers listed above.

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