LLP Meeting Notes

 

ACR LPP Committee Call Summary

August 5, 2008

 

Participants:  Cindy Cook, Richard Dewitt, Art Finkle, Greg Firestone, Lou Gieszl, Jennifer Kresge, Sharon Press, Audrey Rothstein, Jim Rosenstein

Collaborative and Cooperative Law Work Group (CCLWG)

Workgroup co-chairs Nancy and Cindy have put a lot of thought into the convening the CCLWG.  A number of organizations and perspectives are represented on the workgroup.  The workgroup will undertake two broad initiatives: 1. Development of objective materials that describe collaborative and cooperative law and how they compare to other forms of dispute resolution, and 2. Convening of conversations re collaborative and cooperative law to increase our membership’s understanding of these processes.

 

The CCLWG is a great example of ACR taking a leadership role in convening significant conversations that affect the field.

 

Lou noted that MACRO is convening an evening with Pauline Tessler who is a CCL leader. Lou will explore the possibility of videotaping the evening, and will keep the CCLWG posted.

 

Uniform Collaborative Law Act   (www.nccusl.org)

Greg: There are some controversial things in the draft.  Need to check w/ Nancy re the current status of the UCLA.  The window of opportunity to comment is limited.  If ACR takes too long to figure out if and how to comment, ACR will miss the opportunity to do so.

 

Formation of an Arbitration and Due Process Workgroup

(http://www.ilr.cornell.edu/alliance/resources/Guide/Due_process_protocol_empdispute.html)

Richard expressed interest considering the formation of a workgroup, and will have more to say about this on the next call.  The group may help articulate the issues involved, and also identify some underlying principles that ACR supports.  Committee members were invited to send suggestions to Richard re people who might serve on this workgroup. 

 

LPP Committee Membership for Next Year

The ACR Board has adopted a policy to encourage both continuity and new energy by encouraging members to serve for three years and then rotate off, so that in the long run, about one third of the committee rotate off and a third be new members in any given year.   Greg noted that because of the timing of committee appointments this past year and the very large turnover of Committee membership last year, the Committee Co-Chairs have recommended that the committee membership remain constant this coming year.  Any members who would like to rotate off the LPP committee are invited to contact Cindy and Greg.

 

LPP Workshop at the Annual Conference

Greg discussed the LPP workshop at the ACR conference.  The workshop will cover:  Conflict Resolution Day, the work of the Collaborative Law Workgroup, and an overview of other LPP issues including mediation and the unauthorized/unethical practice of law, an update on the Hauzinger case and confidentiality, updates on the UMA and RUAA, the Arbitration and Due Process Workgroup, etc.  Presenters will include Greg, Cindy, Nancy, Sharon, and Richard.  Committee members present at the conference will get together after the session and attend the silent auction together.

 

LPP Initiatives on the ACR Website (www.acrnet.org/lpp/)

Audrey has been very helpful in getting the website updated.

Old initiatives such as FMCS will be put into an archive section (remove Sharon Press as the contact person).  Cindy and Nancy will draft something for posting re the CL workgroup in the next few weeks.

 

Uniform Mediation Act (www.nccusl.org) and (http://www.acrnet.org/uma/)

Nothing new.

 

Revised Uniform Arbitration Act (www.nccusl.org)

Nothing new.

 

Conflict Resolution Day Activities (http://www.acrnet.org/crday/)

CR Day will be October 16 this year (it’s always the third Thursday in October).  The time is now to plan for CR Day.  Success is based on synergy of lots of people.  Sharon will send an e-mail to the board asking that board members take a leadership role.  It will help to have an e-mail re Conflict Resolution Day that people can distribute to their networks. The image on the webpage is downloadable.  A promotional item (e.g. poster, T Shirt, baseball cap) could generate income.  Audrey will look into making it easier to purchase CR Day posters from the website.

 

Ethics/Model Standards and Advisory Opinions

(http://www.abanet.org/dispute/news/ModelStandardsofConductforMediatorsfinal05.pdf)

The governance committee is looking at committee membership, the LPP Committee does not yet have an ethics point person.

 

Unauthorized Practice of Law (http://www.acrnet.org/lpp/upl.htm)

The UPL teleseminar was very well received.

 

LPP Articles in ACResolution Magazine

Summer:  Richard Dewitt has a piece, and two for the fall.  Upcoming themes: consumer disputes and diversity.  The consumer disputes edition might include an article re pre-dispute arbitration clauses, also possibly state initiatives re foreclosure. Richard will follow up on the pre-dispute resolution article and Lou will look for someone to offer an article on foreclosure mediation.

 

LPP Teleseminar Programs

The UPL temeseminar was very widely attended.  We should be thinking about future teleseminars, including ones on confidentiality, on collaborative law, another on the unauthorized practice of law.

 

Next Call

Next call will be October 7, 2008 at noon Eastern time.

 

Committee members who will not be at the conference asked for an update as to what happened at the conference.

 

 

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