Minnesota State Bar Association

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

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.

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,

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

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 http://ww2.mn.mnbar.org/sections/adr/index.htm. 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.

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.

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.

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.

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.

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.

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,

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
Darintallen@hotmail.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
topic.

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 group’s 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

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.

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.

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.

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.

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.

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.

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.

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.

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!".

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

September 13; October 11; November 8; December 13; January 10; February 14; March 14; April 11; May 9

August 30; October 4; November 1; December 6; January 3;
February 7; March 7; April 4; May 2

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.

REPORTS
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.

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.

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.

ANNOUNCEMENTS
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.

CLE
Linda Close introduced our guest speaker, Ed Anderson, who presented a detailed and engaging "Short-short Course on Arbitration for Practitioners."

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.

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,

Ethics and Standards of Practice Committee:
Linda Close reported that the ADR Review Board will finalize amendments at the March meeting.

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.

Program:
"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.

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.

Attendance:
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,

Announcements:
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.

Program Committee:
Ellen Abbott said section proposed a one-hour credit CLE for the MSBA convention. The MSBA has not approved yet.

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.

Program:
"The Minneapolis Police Community Mediation Part I - The Police"
Presented by: Lt. Medaria Arradondo, Office Laura Turner And Glen Burt.

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.

Attendance:
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.

Old Business:
Ric Rosow made a motion to approve the November 10, 2003 meeting minutes. Seconded by Dan Ventres. Motion passed.

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.

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.

Program:
"ADR Section Opportunity: Changes to Rule 114"
Headed by Linda Close with Section's input.

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.

Attendance:
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.

Announcements:
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 pharley@gw.hamline.edu.

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.

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.

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.

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.

Program:
"Mediation and Restorative Justice - Partnerships in the Making"
Speaker: Stephanie Barrnett-Erickson, J.D.

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.
.
Attendance:

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.

Dan Ventres made a motion to approve the September 2003 meeting minutes. Seconded by Jan Frankman. Motion passed.

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.

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."

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."

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 nwallrich@mnbar.org.

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.

UMA subcommittee members discuss recommendations for Minnesota’s handling of the “Uniform Mediation Act.”

Conflict Management and Alternative Dispute Resolution Section Minutes
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.

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.

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.

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.

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.

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".

Conflict Management and Alternative Dispute Resolution Section Minutes
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.

"The Rubber Hits the Road - Time to Decide What to Do About the Uniform Mediation Act"

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.

Conflict Management and Alternative Dispute Resolution Section Minutes
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.

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.

Janeen Massaros made a motion to approve the August meeting minutes. Seconded by Spencer Sokolowski. Motion passed.

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

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 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.

Program.
Avoidance and Resolution of Employment Disputes following Waffle House and other U.S. Supreme Court decisions.

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.
.

Attendance.
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.

Old Business.
The minutes from the April 2002 meeting were presented. Ric Rosow moved to have minutes approved. Attendees approved minutes.

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.

Program.
Justices James Gilbert and Edward Stringer will review the ADR Review Board and Rule 114 concerns, plus Supreme Court decisions involving ADR.

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.
.

Attendance.
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.

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.

Program.
ADR in Real Estate Documentation and Resolution of Disputes

Speakers: John Koneck, Fredrickson & Byron, Mpls.

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.
.

Attendance.
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.

Announcements.
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.

Program.
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.

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.

Attendance.
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.

Announcements.
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.

Program.
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)

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.

Attendance.
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

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.

Program.
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"

A meeting of the Alternative Dispute Resolution Section of the Minnesota State Bar Association was called to order by the Chair, Jim Brehl..

Attendance.
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

Announcements.
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.

PROGRAM.
"ADR in Minnesota - As I See It" by Marshall Tanick of Mansfield Tanick & Cohen, P.A.