conference - co courts · session 1: online dispute resolution - the future or a passing fad...

LIVE ONLY:Wednesday, October 7, 2015

At the Renaissance Denver Hotel • 3801 Quebec Street • Denver, CO 80207

Submitted for 7 General Credits, Including 1.5 Ethics* Credits*You must attend the sessions that include an ethics component in order to claim ethics credits

Register for this conference online @ adr.annualcle.com

Conference support andadministration provided by

9TH ANNUAL

ColoradoADR

Conference

Colorado's 9th Annual ADR Conference presents a wide array oftopics and techniques for the ADR practitioner. Come to

challenge your thinking, expand and improve your skills and connectwith colleagues.

CLE CREDITS: Submitted for 7 General Credits, Including 1.5 Ethics* Credits*You must attend the sessions that include an ethics component in order to claim ethics credits

REGISTER TODAY!

SPECIAL THANKS TO OUR 2015 CONFERENCE SPONSORS:

CONFERENCE LOCATION

Renaissance Denver Hotel3801 Quebec Street, Denver, CO 80207

9TH Annual Colorado

ADR ConferenceLIVE ONLY: Wednesday, October 7, 2015

Sponsorship opportunities are still available! For more information, please contact Melissa Higham at [email protected]

CONFERENCE CO-SPONSORS

GOLD LEVEL SPONSORS:

SILVER LEVEL SPONSORS:

www.attorney-mediators.org

7:45 - 8:30 am Registration & Continental Breakfast

8:25 am Housekeeping Announcements

8:25 - 8:30 am Welcome & Opening Remarks

8:30 - 9:30 am KEYNOTE PRESENTATIONThrough the Looking Glass - Mediator Excellence in WonderlandThe hooka-smoking caterpillar repeatedly asks Alice, "Who are you?" Somewhat confused, after having been through many different peculiar experiences, she finally answers, "... hardly Alice." She has not yet grown into the powerful young woman who will slay the Jabberwocky. Many of us may feel like we are "hardly excellent mediators," a bit confused about how to grow into our full power as practitioners. In Maryland, we created a system, the Maryland Program for Mediator Excellence (MPME), which offers practical opportunities for mediators to improve the quality of their practice. Rachel will share and answer questions about her 9 years of experience with the MPME, recent research about effective mediator strategies, and becoming a more mindful and fully present mediator.Presented by Rachel A. Wohl, Esq., Executive Director, Mediation and Conflict Resolution Office (MACRO), Baltimore, MD

9:30 - 10:45 am Recognizing Ethical Limits - A Discussion of Professional BoundariesEthical concerns arise frequently in mediation cases. A skilled practitioner must identify the boundaries of ethical practice and promptly assess and respond to appropriate recourse. Several seasoned dispute professionals will respond and interact with audience participants to discuss complex ethical situations.Presented by Susan G. Demidovich, Esq., Attorney-Mediator, Denver, CO, Joel Bogen, Conflict Resolution Works!, Denver, CO, and Richard Fullerton, Principal Constructive Options, Denver, COPanel Members: Kathleen M. Schoen, Esq., Director, Local Bar Relations, Access to Justice Department, Colorado Bar Association, Denver, CO, Kristin Thompson, M.A., ODR Contract Mediator, Wheat Ridge, CO, John B. Tweedy, Jr., ODR Contract Mediator, Robinson-Tweedy PC, Boulder, CO, and Anthony van Westrum, Esq., Anthony van Westrum LLC, Golden, CO

10:45 - 11:00 am Networking Break

11:00 am - 12:15 pm BREAKOUT SESSIONS 1-5. PLEASE CHOOSE A SESSION TO ATTEND:

SESSION 1: Online Dispute Resolution - The Future or a Passing FadDispute resolution processes have traditionally involved face-to-face interaction among the parties to a conflict and a dispute resolution professional, most often in the form of in-person mediation or arbitration. With the incorporation of the Internet into virtually all personal and business activities, there have been efforts to design dispute resolution processesthat allow parties to a dispute to interact electronically rather than in person. Some of these efforts have even attempted to automate the dispute resolution process so as to eliminate or reduce the need for dispute resolution professionals. Collie Norman and Ken Bennington, both of whom have extensive experience in not only dispute resolution but also in the interaction of technology with the legal process, will review the use of the Internet and other technology in the dispute resolution process, examine current models such as those implemented by eBay and other online businesses, and explore what the future may look like as technology and automation inevitably will continue to present opportunities as well as challenges in the realm of conflict management. Presented by Collie E. Norman, Esq., and Kenneth R. Bennington, Esq., JAMS, Denver, CO,

SESSION 2: Restorative Justice Continuum of Practices/PilotsIn 2013, Colorado passed HB13-1254, creating a provision for piloting Restorative Justice in 4 judicial districts' juvenile diversion programs. Learn how Colorado went from the idea of piloting these programs to making it happen. Get resources, reports and information about Restorative Justice in our state. Restorative Justice includes a spectrum of practices that can be implemented in schools, the workplace, families, courts and prisons. Restorative Justice practicesare practices intended to build and repair relationships when harms have been done. Participants in the workshop will have the opportunity to understand and participate in a variety of these processes. Presented by Deb Witzel, State Court Administrator's Office, Denver, CO, Lynn Lee, Pikes Peak Restorative Practices, Colorado Springs, CO, and Robin Spaulding, Cascading Connections, Inc., Cascade, CO

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CONFERENCE AGENDA • WEDNESDAY, OCTOBER 7, 2015

1.5 EthicsCredits

11:00 am - 12:15 pm BREAKOUT SESSIONS 1-5 continued

SESSION 3: Some Things They Don't Teach You in Mediation TrainingIt's not as easy as it looks! If you mediate civil cases with attorneys, you'll need some of these tried and true techniques, not taught in your initial mediation training, to help parties reach resolution when the going gets tough. Full-time Chicago mediator Mike Leech, Immediate Past President of the Association of Attorney-Mediators, has mediated hundreds of tough cases and provides you with a host of practical tools and insights you can use in your next mediation. Presented by Michael J. Leech, Talk Sense Mediation, Princeton, NJ

SESSION 4: Once Upon a Mediation: The Role of Narrative in Alternative Dispute ResolutionEach party tells a story to understand the significance of a legal dispute and how it fits into their "personal narrative" describing their own experience and character. Using narrative more effectively will help lawyers to understand their client's goals and obtain better settlements. It will help mediators to resolve more disputes. Presented by C. Adam Foster, Esq., Special Counsel, Hoban & Feola, Attorneys at Law, LLC, Denver, CO

SESSION 5: How to Think Like a 21st Century Entrepreneur and Make Mediation Your Day JobLearn how your unique skills and interests can be combined to create a one-of-a-kind mediation business that will set you

apart from the crowd and have clients seeking your services. By participating in this workshop, you will:1. Identify your skill sets that give you a unique angle on mediation;2. Identify the market that needs you and that you would love to help;3. Learn how to confidently express how you help them; and4. Develop a plan to begin marketing your services.

Presented by Jaime Roth, Esq., Roth Legal Solutions LLC, Boulder, CO, and Katie Albee, Esq., Katie Albee LLC, Boulder, CO

12:15 - 1:30 pm Networking Lunch – Ticketed Event (Please indicate on the registration form if you plan to attend the luncheon)

1:40 - 2:55 pm BREAKOUT SESSIONS 6-10. PLEASE CHOOSE A SESSION TO ATTEND:

SESSION 6: Dynamics of Mediating Family Business Disputes: The Challenging Intersection of Business and Familial IssuesStatistics indicate that 50% of the country’s GDP is generated by family owned businesses – most of which employ less than 50 people. Consequences of an unresolved conflict in the business can range from poor motivation, lack of productivity and inefficiency on the lower end of the damage scale to divisiveness and litigation resulting in business failure or closure at the higher end. This presentation will focus on the mediator’s role in developing strategies to address and resolve conflict to maintain the “status quo” as well as the role of the mediator when the conflict has become toxic resulting in impasse andlitigation. The topic of intergenerational conflict will be discussed as well as the utilization of a variety of mediation techniques.Presented by Kenneth R. Hope, Principal, Hope Mediation, LLC, Centennial, CO

SESSION 7: Combined Mediation/Arbitration with Pro Se Parties: Legal Parameters, Ethics, and Award DraftingThe pro se med/arb and arbitration process is often not understood by non-attorney mediators. The presentation will inform mediators about the med/arb and arbitration process. Participants will be given the legal parameters of these processes and some important aspects of how a neutral should conduct him/herself. Since the presenter has significant courtroom experience, she will discuss what makes for a process that is professional for the neutral and the parties. Presented by Helen C. Shreves, Attorney-Mediator, Family Law Dispute Resolution, Denver, CO

SESSION 8: Restorative Conversations for Resolving One-on-One ConflictIn the field of conflict resolution/transformation, we feel we have the tools to work with others’ disputes, but how do we approach conflict that comes up between us and colleagues or friends? This session will teach participants how to use the Restorative Conversation model to address one-on-one conflict and create a space for conflict to become an opportunity for learning, growth, and improved relationships. Emphasis will be placed on the primary skills of Restorative Practices, including reflective listening, asking effective questions, and reaching agreements.Presented by Kathleen McGoey and Lindsey Pointer, Longmont Community Justice Partnership, Longmont, CO

SESSION 9: The Power of Body Language in Negotiation and MediationBody language constitutes a large part of communication. Building awareness and control over your body during communi-cation will increase your effectiveness while negotiating, mediating, and counseling. Participants will explore research on body language and practice movement exercises tailored to help them gain control over the movement of their body.Presented by James Mills, Owner, Proprio Training, LLC, Aurora, CO


SESSION 10: Mediating HOA Disputes: Violations, DRB, Voting, Elections, and Third PartiesIf you have not mediated an HOA dispute yet, you will. These cases often involve complex areas of property law, statutory construction, confusing declarations, unhappy homeowners, and power-hungry HOAs. We will explore these areas and how to identify and appreciate the underlying interests of the parties. Presented by Lee Gelman, Esq., Colorado Mountain Mediation Corp., Denver, CO

2:55 - 3:10 pm Networking Break

3:10 - 4:25 pm BREAKOUT SESSIONS 11-15. PLEASE CHOOSE A SESSION TO ATTEND:

SESSION 11: Everything You Ever Wanted to Know About Colorado Law on MediationWhat is the statutory and case law framework for Colorado mediations? What are the relevant court rules? When do you really have an enforceable mediation settlement? What parts of mediation are confidential? What are some ethical issues and pitfalls?Presented by Steven C. Choquette, Attorney Mediator, Choquette & Hart LLP, Denver, CO

SESSION 12: Drafting a Solid FED StipulationEviction proceedings can be complicated. Drafting a stipulation that addresses both possession and money issues can be difficult. In this class, you will gain tools and knowledge useful in drafting stipulations that are enforceable, include the necessary remedies upon default, and will be approved by the judge. You may have to think hard as you propose stipulation language, but you will enjoy it!Presented by Honorable Tammy K. Greene, 1st Judicial District, Golden, CO

SESSION 13: The Effective Use of Experts in Mediation and ArbitrationSuccessful resolution of a dispute in ADR processes often turns on having the necessary facts at hand and being able to present specialized information clearly and persuasively. A seasoned mediator/arbitrator and a respected forensic examiner/expert witness will discuss and demonstrate how to use experts and other outside resources to effectively resolve disputes in mediation and arbitration.Presented by Julie M. Williamson, Esq., Conflict Resolutions, Inc., Denver, CO, and Gary Schwartz, CFE, Betzer Call Lausten & Schwartz, LLP, Denver, CO

SESSION 14: An Innovative Approach to Mediation Using Mathematics and PsychologyThis presentation outlines the basic concepts of game theory and psychoanalysis within the mediation process. In our practice we understand the importance of analyzing partially unconscious phenomena that are keys to sustainable resolution. We also have learned how much game theory can help us communicate with our clients, especially those with complex financial and psychological situations.Presented by Kelly Walsh, JD, Training Coordinator, BCS Mediation Training, Denver/Boulder, CO

SESSION 15: Winning the War and the Battles: Mediating the Legal and Psychological Issues in Elder Disputes Using a fact pattern and role-play demonstrations, this interactive presentation will involve the audience to identify and discuss common legal and psychological issues in elder disputes. The focus will be on practical mediation strategies to address the legal, procedural and psychological issues presented.Presented by John A. Rymers, M.A., LPC, Partner, ELDEResolutions, LLC, Centennial, CO, Debbie Reinberg, NCG,ELDEResources and Partner, ELDEResolutions, LLC, Centennial, CO, Beth B. Ornstein, JD, Manager, Colorado Mediation Center, LLC, Boulder, CO, and Ronnie S. Rosenbaum, MS, Rosenbaum Associates and Divorce Resource Centre of Colorado, Golden, CO

4:25 pm Adjourn


PLANNING COMMITTEE:Joel BogenConflict Resolution Works!Denver, CO

Jeanne Busacca, Esq.Busacca & Floyd PCDenver, CO

Miles E. Davies, Esq.Dispute Resolution Professionals Inc.Lakewood, CO

Susan G. Demidovich, Esq.Attorney-MediatorDenver, CO

C. Adam Foster, Esq.Special CounselHoban & Feola, Attorneys at Law, LLCDenver, CO

Lisa D. Hughes, M.A., LPC, LPCC, CAADRColorado Bar/Denver Bar AssociationCourt Mediation Services, ExecutiveDirector Conflict Resolution Specialist Denver, CO

Sara JohnsonBilingual Mediation ServicesODR Mediator Colorado State Judicial BranchDenver, CO

Julia Kneeland Lazure, Esq.PartnerKneeland Law, LLCDenver and Ft. Collins, CO

Robyn E. McDonald, Esq.McDonald Mediation Group LLCLittleton, CO

Paul Teven, CPCCMediation & Coaching ServicesBoulder, CO

KEYNOTE SPEAKER:Rachel A. Wohl, Esq.Executive DirectorMediation and ConflictResolution Office (MACRO)Baltimore, MD

FACULTY:Katie Albee, Esq.Katie Albee LLCBoulder, CO

Kenneth R. Bennington, Esq.JAMSDenver, CO

Joel BogenConflict Resolution Works!Denver, CO

Steven C. Choquette, Esq.Attorney MediatorChoquette & Hart LLPDenver, CO

Susan G. Demidovich, Esq.Attorney-Mediator Denver, CO

C. Adam Foster, Esq.Special CounselHoban & FeolaAttorneys at Law, LLCDenver, CO

Richard FullertonPrincipal Constructive OptionsDenver, CO

Lee Gelman, Esq.Colorado MountainMediation Corp.Denver, CO

Honorable Tammy K. Greene1st Judicial DistrictGolden, CO

Kenneth R. HopePrincipalHope Mediation, LLCCentennial, CO

Lynn LeePikes Peak RestorativePracticesColorado Springs, CO

Michael J. LeechTalk Sense MediationPrinceton, NJ

Kathleen McGoeyLongmont CommunityJustice PartnershipLongmont, CO

James MillsOwnerProprio Training, LLCAurora, CO

Collie E. Norman, Esq.JAMSDenver, CO

Beth B. Ornstein, JDManagerColorado MediationCenter, LLCBoulder, CO

Lindsey PointerLongmont CommunityJustice PartnershipLongmont, CO

Debbie Reinberg, NCGELDEResources PartnerELDEResolutions, LLCCentennial, CO

Ronnie S. Rosenbaum, MSRosenbaum Associates Divorce Resource Centre ofColoradoGolden, CO

Jaime Roth, Esq.Roth Legal Solutions LLCBoulder, CO

John A. Rymers, M.A., LPCPartnerELDEResolutions, LLCCentennial, CO

Kathleen M. Schoen, Esq.Director, Local BarRelationsAccess to JusticeDepartmentColorado Bar AssociationDenver, CO

Gary Schwartz, CFEBetzer Call Lausten &Schwartz, LLPDenver, CO

Helen C. ShrevesAttorney-MediatorFamily Law DisputeResolutionDenver, CO

Robin SpauldingCascading Connections, Inc.Cascade, CO

Kristin Thompson, M.A.ODR Contract MediatorWheat Ridge, CO

John B. Tweedy, Jr.ODR Contract MediatorRobinson-Tweedy PCBoulder, CO

Kelly Walsh, JDTraining CoordinatorBCS Mediation TrainingDenver/Boulder, CO

Anthony van Westrum, Esq.Anthony van Westrum LLCGolden, CO

Julie M. Williamson, Esq.Conflict Resolutions, Inc.Denver, CO

Deb WitzelState Court Administrator'sOfficeDenver, CO

CONFERENCE PLANNING COMMITTEE, KEYNOTE SPEAKER, AND FACULTY

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LIVE ONLY:Wednesday, October 7, 2015

At the Renaissance Denver Hotel3801 Quebec Street • Denver, CO 80207

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• The Mediation Association of Colorado • Office of Dispute Resolution, Colorado Judicial Branch

• CBA Alternative Dispute Resolution Section • Colorado Bar Association CLE 1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

LIVE ONLY: Wednesday, October 7, 2015At the Renaissance Denver Hotel • 3801 Quebec Street • Denver, CO 80207



9TH Annual Colorado

ADR Conference

• The Mediation Association of Colorado • Office of Dispute Resolution, Colorado Judicial Branch• CBA Alternative Dispute Resolution Section • Colorado Bar Association CLE

9TH Annual Colorado

ADR Conference

LIVE ONLY: October 7, 2015At the Renaissance Denver Hotel

conference - co courts · session 1: online dispute resolution - the future or a passing fad...

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