Resolutions: A Podcast About Dispute Resolution And Prevention

In this episode, we introduce you to one of our new hosts! Kimberly A Cook is a divorce and family mediator at Dovetail Conflict Resolution in Chicago, IL. Kimberly sits down with Mark Smalls of JAMS Mediation, Arbitration and ADR Services to discuss the broadening landscape of diversity, equity and inclusion in ADR as a result of the changes in technology and the social climate over the last year. Thank you to JAMS for being a sponsor at the 2021 Dispute Resolution Spring Conference!

In this podcast celebrating the AAA-ICDR as sponsor of the Section’s Spring Conference, Ingeuneal Gray and Jeffrey Zaino anchor to the Conference’s theme, ADR in a New World. In candid dialogue, they speak on topics including concerns about lack of diversity and inclusion (D&I) in the ADR field, definitions on diversity, and how arbitral institutions have led the charges for cognizable change in the practice. Jeffrey Z also spills the tea on the Jay-Z case and how bad press cannot (and will not) stymie the work of institutions to buttress party autonomy with optionality in the ADR process. As Lincoln once said, “I am a slow walker, but I never walk back.” Let’s continue forward: there’s more work to do. Ingeuneal Gray is Vice President in the Houston office and is reachable at GrayI@adr.org. Jeffrey Zaino is Vice President in the New York office and is reachable at ZainoJ@adr.org. Connect with Ingeuneal on LinkedIn at https://www.linkedin.com/in/icglaw/ and Jeff at https://www.linkedin.com/in/jef

Anyone in the dispute resolution world knows the value of empowering parties and giving them a voice. But what if their voices are hard to understand—if, for example, they bark rather than speak? Karis Nafte knows all about this—she’s a credentialed mediator and an animal behaviorist who helps work with separating couples on the best solution for their pets. She joined Resolutions to explain how her practice came about and how it works. For more information on her practice, you can visit https://whokeepsthedog.com/

Our Section's annual conference is nearly upon us, and for the second time, the team has planned a blockbuster event that you can enjoy from anywhere. Jaya Sharma of the conference planning committee joined me to discuss why you can't miss this year's conference and what to expect. The conference begins this Wednesday, April 14th and runs through Saturday, April 17th. For more on the conference, please visit ambar.org/spring2021. Registration closes on April 13th at 5 pm ET. You can reach Jaya at jsharma@sharmaadr.com.

In this episode, Rekha Rangachari sits down with Elliot Herland (Vice Chair of the Section's Membership Committee) and Kanika (Niki) Singh (the Section’s Student Liaison) to discuss a new avenue for student and practitioner members to increase their engagement, connection, networking, and mentorship with stakeholders through the Section. They discuss the impact of COVID-19 and how Section leadership pivoted to expand initiatives and provide the return on investment to the expanding group of new student members. Through (remote and hybrid) campus visits, Spring Conference access, and competitions, to be announced in more detail shortly, students and young practitioners gain a direct window into careers in alternative dispute resolution (ADR). Tune in to learn more! For more information on Student & Early Career Services visit https://abaforlawstudents.com/ View Elliot Harland’s bio https://www.herlandmediation.com/your-mediator View Niki Singh’s bio https://www.linkedin.com/in/nikiatwork/ Register for

Chris Draper of Trokt (https://www.trokt.org/) discusses the Dispute Resolution Section's Technology Committee's Tech Pitch Series where innovators can present new technology directed to advancing the practice of ADR. If you’re interested in pitching, fill out a form here https://docs.google.com/forms/d/e/1FAIpQLSd58DhpVtBSJmT_jMrSguzmtR1942lw5sg68x0FlYmpDpQ8sQ/viewform

With all the conflict we face and try to resolve, what if we stopped and reconsidered how we approach conflict in the first place? That's a question that's been on the mind of Rabbi/Dr. Daniel Roth for quite some time. He's the founder and creator of the Jewish Week of Constructive Conflict, which is taking place around the world on February 15-21, 2021. He is based in Israel and teaches at Bar-Ilan University and the Pardes Institute and is director of Mosaica, The Religious Peace Initiative. He spoke about his work and the origins of this unique conflict resolution commemoration. For more information, visit https://www.9adar.org/ You can attend a live session observing the Week of Constructive Conflict Wednesday, February 17 at 1p Eastern on Zoom: visit https://us02web.zoom.us/j/85615358941?pwd=NUJJVTU4aDM1R1NqdFVGS0FPZ2JEQT09.

In honor of Black History Month, enjoy this re-release of the March 10th episode with community activist, John Thompson. Community activist and candidate for the Minnesota House of Representatives, John Thompson, gives us a preview of his plenary presentation at the Dispute Resolution Spring Conference. Thompson will describe and demonstrate the training necessary to create a new relationship between communities of color and law enforcement. He will challenge conflict resolvers to look at our work through a different lens to identify the root problems and carve out the decay.

In this episode, Phyllis Morgan discusses her journey in mindfulness with Rekha Rangachari and how delegates can apply these tools in their own lives. Focused on building resilience at work, from myriad vantage points from her career in the law, Phyllis shares a novel scale of evaluation she developed — Mindful Management of Self in Conflict Scale (https://www.smartbizquiztribe.com/quiz/2187). Phyllis also teases out how to create opportunities for one’s personal brand (including the mantra, “Be Courageous!”). Tune in to learn more. Contact Phyllis Morgan at phillis@resilientatwork.com and view her bio at https://www.resilientatwork.com/about.

In this episode, guest host Marcie Dickson speaks with Linda Klein, past president of ABA and senior managing shareholder at Baker Donelson. Klein, also a mediator and arbitrator, discusses a range of topics, including specific actions to address diversity and inclusion, the permanence of ODR, compulsory mediation, and what's next in dispute resolution.

Prof. Catherine Rogers, Professor of Law and Paul and Marjorie Price Faculty Scholar at Penn State Law and Professor of Ethics, Regulation & The Rule of Law, at Queen Mary, University of London discusses her legal tech startup, Arbitrator Intelligence, how COVID-19 has impacted arbitration, and how we can use those insights in the future of international dispute resolution. Read more about Prof. Rogers' research here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=281268, Find out more about Arbitrator Intelligence at: https://arbitratorintelligence.com/

Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law discusses her research into the efficacy of online dispute resolution processes and how those processes affect access to justice for participants. Prof. Schmitz's research can be found on her SSRN page: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=522704

The ABA Section of Dispute Resolution in collaboration with the New York International Arbitration Center (NYIAC) hosts this innovative podcast convening global thought leaders to discuss the state of gender diversity in international arbitration. Topics include the impact of key initiatives and working groups (e.g. the recent ICCA Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings, the Equal Representation in Arbitration (ERA) Pledge and ArbitralWomen), the role of local and regional perspectives on diversity, and access and advocacy for and on behalf of all stakeholders. The session aired live on October 5 at 12:00 PM ET and is now available for on demand listening. - ICCA Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings (https://www.arbitration-icca.org/publications/ICCA_Report_N8.html), - Equal Representation in Arbitration (ERA) Pledge (http://www.arbitrationpledge.com/) -ArbitralWomen

New Leadership at the Section: Meet the Education Committee Co-Chairs Linda Gerstel and Aaron Gothelf In this podcast, Linda Gerstel (Independent Arbitrator and Mediator and Adjunct Professor of Law at Fordham Law School) and Aaron Gothelf (AAA-ICDR Commercial Vice-President in San Francisco) discuss their goals for the year ahead. Topics discussed: -increased collaboration across Sections and with key dispute resolution stakeholders (e.g arbitral institutions, academic centers, in-house counsel) - interactive sessions for heightened audience engagement - modalities for candid networking about the new normal we now inhabit Listen in and get involved in the Section’s happenings!

Jon Lee and Ken Skodacek discuss Ombuds Day 2020, what it means to be an Ombudsperson, and how ombuds programs have adapted to the COVID-19 Pandemic. For more information on how to virtually attend Ombuds Day 2020 on October 8, 2020, visit https://abaombudsday.wordpress.com/

In this episode, Susan Andrews, Chris Draper, and David Larson sit down to discuss the newly fashioned Tech Expo, tailored to meet the demands of ADR professionals in the new age of virtual connection. Sessions will include discussions on accessibility and picking the right technology, present and future scenarios in ODR, increasing collection rates and getting paid, and overcoming leadership challenges, in parallel with innovative social sessions in the exhibit hall and with thought leaders. Tune in also for a Master Distiller Session with Woodford Reserve and unearthing your bourbon of choice. The Tech Expo launches virtually September 14-18, and we hope to see you there! Register at ambar.org/DRTechExpo! Susan Andrews (https://andrewsdisputeresolution.com/) Chris Draper (https://www.linkedin.com/in/christopherhdraper/) David Larson (https://mitchellhamline.edu/biographies/person/david-larson/)

A panel of members of the Task Force on Elder Abuse Screening for Mediators discusses the newly created Elder Abuse and Neglect Screening Guidelines that provide information about possible signs of elder neglect and abuse that negatively impact the ability of older adults' participation in mediation. In this episode, Adam Martin speaks with Monica Lichtenberger, an elder care mediator and trainer with 24 years of experience; Shawnieka Pope, a licensed clinical social worker, who currently serves as Director of Guardianship and mediator for Montgomery County Probate Court; Zena Zumeta, a graduate of the University of Michigan Law School and a long-time mediator and national trainer of mediators based in Ann Arbor, Michigan; and Sue Bronson, Co-Chair of the ACR ElderJustice Initiative on Eldercaring Coordination, and a mediator and trainer with over 35 years of experience. A link to the Guidelines is available at https://www.americanbar.org/content/dam/aba/administrative/dispute_resolution/materials/elder

We’ve covered lots of practice areas for dispute resolution, but one you may not know as much about has to do with environmental issues: from the air we breathe to the water we use. Michelle Straube has made environmental and public policy mediation the focus of her work. She’s a retired professor at the University of Utah and former director of the Environmental Dispute Resolution Program at the Wallace Stegner Center in the College of Law. She also directed Salt Lake Solutions, a collaborative government initiative. Michelle spoke with co-host Larry Schooler and his teaching colleague, Stephen Rye, about her fascinating career in environmental dispute resolution.

In this second installment, Colin Rule shares his insights on online dispute resolution’s (ODR’s) growth in the last decade, during the COVID19 pandemic, and future applications in collaboration with artificial intelligence, bitcoin, and smart contracts. Of note, Colin was awarded the inaugural 2020 Frank E.A. Sander Award by the ABA Center for Innovation in conjunction with this Section. Tune in to learn more about Colin and his work! Note: Since the episode’s recording, Colin joined Mediate.com as its President and CEO. We wish him well on his new adventure.

On Tuesday, June 30th, the ABA Dispute Resolution Section will host a special virtual “town hall” starting at 12pm Eastern time with both full group and breakout sessions to discuss a fascinating topic. A Task Force on Innovative Processes of Conflict Prevention led by Section Chair Joan Stearns Johnsen has spent the last several months exploring how we can adapt our skills to conflict prevention through the use of standing and stand-by neutrals as well as deal facilitators. This task force is focused on effecting the implementation of our dispute resolution techniques at ever earlier stages in order to help manage and maintain relationships and prevent nascent conflict from devolving into litigation. For more information and to register for the town hall, visit https://ufl.zoom.us/webinar/register/WN_jk51soT-RtqUYEH3ub0jUQ