Minnesota State Bar Association

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ALTERNATIVE DISPUTE RESOLUTION SECTION
Annual Report for 2005-2006

Submitted by Jan Frankman, Chair

The Section had an active and productive year. We surveyed our membership in the Spring, 2005, for input with regard to preferred meeting day, time and location and interest in programs and business meetings. Executive Council meetings were held first Tuesdays of each month beginning in July, 2005. Section Meetings were held second Tuesdays each month beginning in September, 2005, from noon to 1:30 p.m. except the December and May meetings which were unique as noted below. Members were encouraged to attend the MSBA Convention in June in place of a monthly Section meeting. We had a full schedule of programs for which CLE/ADR credit was provided, and we addressed a variety of other issues and projects. We made great strides in improving communication with our members and in providing the community with better understanding who we are as a Section. We were well-represented at MSBA Assembly meetings and in the Association Legislative Committee. We helped plan another very successful Annual ADR Institute held in October, 2005, with Minnesota CLE. Further detail of our Section work is provided below.

Programs and Events

September 13, 2005 - "RUAA - To Be or Not to Be, That is the Question!" Report from the RUAA Sub-committee and facilitated conversation with regard to issues raised by the proposed legislation
October 11, 2005 - "Just What Are We Doing as A Section?" Facilitated discussion concerning the position the Section might take with regard to RUAA legislation; review of status of MMA/UMA; brainstorming with regard to Law Day, commemoration of the Section's tenth anniversary in April, 2006; and community connections; and sharing of experiences at the ACR conference held in Minneapolis.
November 8, 2005 - "Ch-Ch-, Ch-, Changes!" Presentations by Pat Burns, Office of Lawyers Professional Responsibility and Rebecca Picard, Past Section Chair, about new Lawyers' Rules and Model Standards of Conduct for Mediators. Discussion by Linda Close concerning Rule 114 changes deferred to February, 2006, meeting.
December 13, 2005 - Holiday Networking Social (late afternoon) - Kickoff to 10th Anniversary Celebration. Eight of ten past chairs attended and shared their reflections of the year(s) in which each served the Section.
January 10, 2006 - "They'll Be the Judge of That!" Three judges shared their views of ADR including reflections on the state of ADR. Presentations by Hon. Kevin Burke, Hon. Elizabeth Martin and Adminstrative Law Judge Bruce Johnson.
February 14, 2006 - "Changes Redux" Presentations by Linda Close highlighting changes in Rule 114, which was revised in late 2005; and by Ellen Abbott concerning the status of and current work on MMA/UMA.
March 14, 2006 - "Cross-cultural Mediation" Presentation and role-play by Aimee Gourlay, Mark McCrea and Eduardo Wolle.
April 11, 2006 - Employment ADR - From the Arbitrator and Mediator's Point of View" Presentation by Judith K. Schermer, practicing lawyer and arbitrator and mediator of workplace cases.
May 23, 2006 - Annual Meeting, Symposium and Reception (1:00 -5:00 p.m. at University of St. Thomas Law School)- Brief Section Meeting with Election of Officers for 2006/2007 followed by panel presentation moderated by Justice Barry Anderson. Panelists who facilitated table talk following their presentations were Ret. Justice James Gilbert, Prof. Nancy VerSteegh, Pat Burns (AAA), Bill Funari (Washington County Court Administrator), Beth Bailey-Allen (Community Mediation Services), and Arlo VandeVegte (MTLA). The results of the conversations were reported out to the group and will provide information for an article being written for the Bench and Bar magazine. The afternoon concluded with a reception celebrating the Section 10th anniversary.

Communication and Section Visibility

The Section was featured in the November, 2005, issue of the newly created Section Chair Communique published by the MSBA and in an article in the April, 2006, Bench and Bar magazine. We also adopted an improved expanded description of the purpose and work of the Section for the Bench and Bar Directory published in January each year.

The Section website was improved to include more current information particularly with regard to legislative efforts and Section activities, and a Section Listserv was created to encourage on-line conversations among members.

The Section received several email "Alerts" reporting matters of interest, and "Notes from the Chair" was instituted in November, 2005, to provide current information of interest to members at each Section meeting. These efforts were instituted to reduce the need for meeting time at monthly meetings to devote as much time as possible to programs.

Uniform Laws

Sub-committees met regularly to review the Revised Uniform Arbitration Act ("RUAA") and the Minnesota Mediation Act, a version of the Uniform Mediation Act. Both Sub-committees continue to meet. The Section approved a version of the RUAA for Proposal for MSBA endorsement submitted to the MSBA Legislative Committee. Section Minutes as well as Memoranda to the Section membership posted at the Section website detail the work of the RUAA Sub-committee. Neither Minnesota version of the two uniform laws was introduced in the short 2006 Session of the Minnesota Legislature. It is expected that the RUAA will be introduced in 2007, with or without MSBA endorsement. The MMA/UMA sub-committee continues to work with Uniform commissioners to negotiate a form of the UMA for bill introduction in the legislature.

Other Projects and Issues

Additional matters which were addressed and are on-going include response to a proposal of the Collaborative Law Institute for adoption by the Supreme Court of Rule 114A; provision of support for Katrina Relief efforts in community mediation centers in the Gulf states; development of improved public education; adoption of a grant-making policy to address requests for financial support received from individuals and organizations; and by-laws revisions. One change in the Section by-laws was approved by the MSBA Assembly at its April, 2006, Meeting; the Section Annual meeting was moved to May from meeting at the State Bar Convention in June of each year.

Treasury

We have maintained a healthy treasury and have committed to plan for productive use of the approximate steady balance of $20,000. The funds are largely invested in Certificates of Deposit. The Section has committed to donate up to $2000. for Katrina Relief in the Gulf states as reported above under Projects and Issues. There has been no expenditure following Section approval; the most recent report concerning need in the community mediation centers is that future needs are expected arising from the disaster's impact on victim/clients of the centers.

Finally, our success this year has been due to the hard work of many members who served as officers and committee chairs and of many others in the ADR community who contributed to excellent programming. We continue to be supported by able support staff provided by the MSBA. We are grateful for the efforts of each of them.

An excellent cadre of officers and committee chairs has been elected and appointed to serve in 2006-2007. The future of the Section is very bright.

Dated: August 11, 2006

Janice K. Frankman
Section Chair for 2005-2006

MSBA ADR Section
2002-03 Annual Report

The Section was again a cosponsor of the Annual ADR Institute. Over 160 people attended the day-long Institute. In addition to the ADR Institute, the Section sponsored a CLE session at the MSBA Convention entitled "Preparing for an Effective Mediation: How to Maximize the Benefits & Avoid Pitfalls and Mistakes." During the year, the Section sponsored nine monthly brown bag CLE sessions, eight of which received both one credit of Continuing Legal Education and one ADR credit and one of which received one ADR credit. The sessions covered:

1. How to Prepare Your Client for Mediation;
2. The Rubber Hits the Road (a discussion intended to lead to a Section decision on a recommendation on the Uniform Mediation Act);
3. The Rubber Really Hits the Road (continued discussion by the Section on the Uniform Mediation Act and receipt of recommendations from a subcommittee appointed by the Section to develop amendments to the Act for consideration by the Section);
4. ADR Practice Management;
5. Point/Counterpoint - Two Views of the Current State of ADR in Minnesota;
6 The Mandatory Arbitration Clause;
7. Is There Hope for a Mediated Settlement of the Conflict between Israel and the Palestinians?;
8. Unconventional Remedies in ADR; and
9. Ethical Dilemmas for the ADR Practitioner.

The Section is very grateful to all of our presenters for their time and effort in making CLE presentations to the Section.

The Subcommittee on the Uniform Mediation Act spent considerable time under the direction of Legislative Chair Jim Coben studying and developing amendments to bring the Uniform Mediation Act more in line with Minnesota practice and custom. The Section concluded its work late in the year with two meetings in May. The Subcommittee plans to submit proposed amendments to the Reviser of Statutes for comment in preparation for presenting the proposed amendments to the Section in the fall of 2003.

In addition to work on the Uniform Mediation Act, the Arbitration committee under Chair Jan Frankman, renewed its examination of the revised Uniform Arbitration Act. It is anticipated that both the Uniform Mediation Act and the Revised Uniform Arbitration Act will come before the next session of the legislature for enactment. The work of the Section's two committees will be important in helping the MSBA to formulate a position with respect to each act.

Richard F. Rosow
2002-2003 Chair

MSBA ADR Section
1997-98 Annual Report

We submitted a letter to the State of Minnesota ADR Review Board commenting on its draft “Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals.” That procedure, in the section’s opinion, did not meet the objectives of encouraging appropriate complaints so that ADR consumers have confidence in the process, encouraging meaningful due process, and providing reasonable assurances that any sanctions would be fair and appropriate. We also suggested that mediation be offered as a means of resolving some complaints.

At our monthly meetings, we heard speakers on the following topics: (1) Minnesota’s Open Meeting Law and ADR; (2) Minnesota’s Rule 114 Ethics Code; (3) the National Conference of Commissioners of Uniform State Laws’ current review and revision of the Uniform Arbitration Act and development of a new Uniform Mediation Act; (4) the business and marketing of ADR services; (5) Deloitte & Touche’s annual surveys of corporate counsel’s use and opinion of ADR; (6) ADR public policy making and social science research; (7) ADR on the Internet; (8) neutral accountants -- CPAs as ADR neutrals; and (9) the use of ADR for intellectual property disputes. At the 1998 MSBA convention, we presented a “mini-convention” on effective representation in mediation.

With the resignation of our Publicity Committee Chair, we were unable to publish our newletter, CoMan DR News. But our chair kept the section posted on ADR developments, including two memoranda regarding such developments.

Next year the section will continue to hold monthly meetings to conduct business and hear speakers on topics of interest to the ADR community, monitor and comment on proposed rules and legislation, and resume publication of its newsletter.

--Duane W. Krohnke,
1997-98 Chair

MSBA ADR Section
1996-97 Annual Report

The Legislation Committee drafted, recommended, testified, and obtained legislative support and passage of an immunity statute for ADR neutrals. The statute provides immunity for a neutral's conduct in presiding over an ADR proceeding, except for injury caused by malice, bad faith, or reckless conduct. (Minn. Laws, ch. 29(1997)(to be codified as Minn. Stat. sec. 604A.305).)

The Ethics and Standards of Practice Committee submitted written comments and oral testimony to the Minnesota ADR Review Board and the Minnesota Supreme Court regarding the proposed Rule 114 Code of Ethics for neutrals in state court-annexed ADR proceedings under Rule 114 of the Minnesota General Rules of Practice for the District Courts. The committee also kept the section apprised of developments on this subject.

The section met every month, and its Education Committee presented speakers on these topics in addition to the code of ethics just mentioned: "civil war" in ADR; ADR in Ramsey County District Court; ADR in probate court; the history of the State of Minnesota Office of Dispute Resolution -- Bureau of Mediation Services; international mediation; and ADR (restorative justice) in criminal proceedings.

The Section's Publicity Committee continued publication of the section's newsletter, "CoManDr News."

Next year the section will continue to hold monthly meetings to conduct business and hear speakers on topics of interest to the ADR community; monitor and comment on proposed rules and legislation; and issue its newsletter.

Duane W. Krohnke,
Chairperson

- Last Updated 8/03/07 -