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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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