2012 Annual Convention. The Lawyer s Creed and Dispute Resolution = Accounts Receivable

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1 2012 Annual Convention The Lawyer s Creed and Dispute Resolution = Accounts Receivable Dispute Resolution Committee 2.5 General CLE Hours May 2-4, 2012 Cincinnati

2 CONTRIBUTORS Professor Marjorie C. Aaron University of Cincinnati College of Law Cincinnati, Ohio Professor Aaron received her bachelor s degree from Princeton University and her JD from Harvard University. She is Professor of Clinical Law and Director at the University of Cincinnati College of Law Center for Practice, where she teaches courses in negotiations, client counseling, mediation, and decision analysis. Professor Aaron has designed and taught numerous workshops on mediation, negotiation, alternative dispute resolution, and litigation decision analysis for law firms, corporations, and universities. She is the author of numerous articles, book chapters, cases, and guides in the field of negotiation, mediation, and other forms of dispute resolution. For additional information, please visit -services.com. Honorable Deborah Alspach Marion County Juvenile Detention Center Marion, Ohio Judge Alspach received her BS from The Ohio State University and her JD from Ohio Northern University Claude W. Pettit College of Law. Her professional memberships include the Ohio State Bar Association and the Commission on Rules of Superintendence. Judge Alspach serves as the co-chair for the Supreme Court of Ohio Advisory Committee on Children, Families, and the Court. She also serves as a trustee on the board of the Ohio Association of Juvenile Court Judges. For additional information, please visit Randal S. Bloch OSBA Certified Specialist in Family Relations Law Wagner & Bloch LLC Cincinnati, Ohio Ms. Bloch received her BA from the University of Wisconsin-Madison and her JD from Brooklyn Law School. Her professional memberships include the Ohio State Bar Association (Family Law Committee), Cincinnati Bar Association (Domestic Relations Committee), and American Bar Association (Family Law Section). Ms. Bloch practices in the areas of family law and collaborative family law. She is an OSBA Certified Specialist in Family Relations Law. Ms. Bloch is a frequent speaker on topics related to family law for the Cincinnati Bar Association, OSBA CLE, and NBI. Jacqueline C. Hagerott Supreme Court of Ohio Dispute Resolution Section Columbus, Ohio Ms. Hagerott received her BS from The Ohio State University and her JD from Capital University Law School. She is a member of the Ohio State Bar Association. As the manager of the Supreme Court of Ohio Dispute Resolution Section, Ms. Hagerott provides mediation services for litigants and consults with and advises local court staff regarding dispute resolution program planning, implementation, and evaluation. Her experience includes law practice, an associate deanship, course design and development, and dispute resolution. She is a national speaker/trainer/consultant on the topics of foreclosure mediation, preparing clients for mediation, and dispute resolution systems design. For additional information, please visit

3 Cathleen Kuhl Hamilton County Municipal Court Private Complaint Mediation Cincinnati, Ohio Ms. Kuhl received her BS from Wright State University and has completed two years of graduate work in Antioch University s MACR program. Her professional memberships include the Greater Cincinnati Coalition on Domestic Violence and the Domestic Violence Coordinating Council of Hamilton County. Ms. Kuhl is the director of the Hamilton County Municipal Court Private Complaint Mediation Service. She is experienced in the mediation of family, business, criminal, employment, and interpersonal disputes. For additional information, please visit Elaine. N. Silveira Ohio State Troopers Association Columbus, Ohio Ms. Silveira received her BA and JD. She focuses her practice on serving the men and women of the Ohio State Highway Patrol as the assistant general counsel for bargaining units 1 and 15 with the State of Ohio. In addition to acting as counsel for the bargaining units, Ms. Silveira represents six additional affiliated corporations, including two for profit corporations. Her experience includes contract negotiation, interpretation, drafting, and advocating at arbitration hearings, involving both contractual issues, and disciplinary issues. For additional information, please visit

4 The Lawyer s Creed and Dispute Resolution = Accounts Receivable Session #503 Chapter 1 The Lawyer s Creed Jacqueline C. Hagerott Professional Ideals for Lawyers and Judges A Lawyer s Creed Chapter 2 Negotiation Professor Marjorie C. Aaron On Negotiating Good Settlements of Our Clients Legal Disputes Client Science: Advice for Lawyers on Counseling Clients Through Bad News and Other Legal Realities Contents Bad News and the Fully Informed Client Good News Paves an Easy Path Difficult and Tricky Road to Bad News Delivered Well Insights for Lawyers from Communication Scholars on Doctors Preface and Forecast Bad News; Neither Blunt Nor Stalling Be Voicing Bad News Communicating the Force of the Other Side s Arguments (Especially If You Think They Are Likely to Win) On Myth, Belief, and Reality Notes Chapter 3 Collaborative Law Randal S. Bloch Information About Collaborative Family Law Commonly Asked Questions About Divorce Process Options Cincinnati Academy of Collaborative Professionals Collaborative Family Law Participation Agreement Expectations of Participants, Lawyers, and Neutral Consultants Examples of Common Goals and Interests in Divorce Cases Collaboration Contract Exhibit A: Schedule of Jointly Retained Neutral Consultants Exhibit B: Expectations of Participants, Lawyers, and Neutral Consultants Client Evaluation of the Collaborative Process Participation Agreement for Financial Specialist in the Collaborative Law Process Contract: Collaborative Family Relations Specialist First Team Meeting Interpersonal Dispute Resolution Process Map H.B. No

5 Chapter 4 Mediation Cathleen Kuhl Mediation PowerPoint Presentation Supreme Court Rules of Superintendence for the Court of Ohio Chapter 5 Early Neutral Evaluation Honorable Deborah Alspach Early Neutral Evaluation PowerPoint Presentation Early Neutral Evaluation (ENE) Appointment Early Neutral Evaluation (ENE) Confidentiality Marion County Family Court and Family Court Services Early Neutral Evaluation Program Description ENE Intake Form Early Neutral Evaluation Participation Survey ENE Team Notes Notice to Family Court/Notice to Attorneys Notice to Family Court Outcome of ENE Notice Waiver for ENE Chapter 6 Parenting Coordination Jacqueline C. Hagerott Guidelines for Parenting Coordination Foreword Guidelines for Parenting Coordination Appendix A: Recommendations for Comprehensive Training of Parenting Coordinators Appendix B: Best Judicial and Program Practices Appendix C: Parenting Coordinators and the Canadian Experience Appendix D: Members of the AFCC PC Taskforce Chapter 7 Arbitration Elaine N. Silveira Chapter 2711: Arbitration Rule 15: Arbitration Contract Between Ohio State Troopers Association, Inc. and The State of Ohio Article 20: Grievance Procedure

6 The Lawyer s Creed 1 Jacqueline C. Hagerott Supreme Court of Ohio Dispute Resolution Section Columbus, Ohio

7 The Lawyer's Creed 1.1

8 1.2 The Lawyer's Creed and Dispute Resolution

9 Negotiation 2 Professor Marjorie C. Aaron University of Cincinnati College of Law Cincinnati, Ohio

10 Negotiation 2.1

11 2.2 The Lawyer's Creed and Dispute Resolution

12 Negotiation 2.3

13 2.4 The Lawyer's Creed and Dispute Resolution

14 Negotiation 2.5

15 2.6 The Lawyer's Creed and Dispute Resolution

16 Negotiation 2.7

17 2.8 The Lawyer's Creed and Dispute Resolution

18 Negotiation 2.9

19 2.10 The Lawyer's Creed and Dispute Resolution

20 Negotiation 2.11

21 2.12 The Lawyer's Creed and Dispute Resolution

22 Negotiation 2.13

23 2.14 The Lawyer's Creed and Dispute Resolution

24 Negotiation 2.15

25 2.16 The Lawyer's Creed and Dispute Resolution

26 Negotiation 2.17

27 2.18 The Lawyer's Creed and Dispute Resolution

28 Negotiation 2.19

29 2.20 The Lawyer's Creed and Dispute Resolution

30 Negotiation 2.21

31 2.22 The Lawyer's Creed and Dispute Resolution

32 Negotiation 2.23

33 2.24 The Lawyer's Creed and Dispute Resolution

34 Negotiation 2.25

35 2.26 The Lawyer's Creed and Dispute Resolution

36 Negotiation 2.27

37 2.28 The Lawyer's Creed and Dispute Resolution

38 Negotiation 2.29

39 2.30 The Lawyer's Creed and Dispute Resolution

40 Negotiation 2.31

41 Collaborative Law 3 Randal S. Bloch Wagner & Bloch LLC Cincinnati, Ohio

42 Collaborative Law 3.1

43 3.2 The Lawyer's Creed and Dispute Resolution

44 Collaborative Law 3.3

45 3.4 The Lawyer's Creed and Dispute Resolution

46 Collaborative Law 3.5

47 3.6 The Lawyer's Creed and Dispute Resolution

48 Collaborative Law 3.7

49 3.8 The Lawyer's Creed and Dispute Resolution

50 Collaborative Law 3.9

51 3.10 The Lawyer's Creed and Dispute Resolution

52 Collaborative Law 3.11

53 3.12 The Lawyer's Creed and Dispute Resolution

54 Collaborative Law 3.13

55 3.14 The Lawyer's Creed and Dispute Resolution

56 Collaborative Law 3.15

57 3.16 The Lawyer's Creed and Dispute Resolution

58 Collaborative Law 3.17

59 3.18 The Lawyer's Creed and Dispute Resolution

60 Collaborative Law 3.19

61 3.20 The Lawyer's Creed and Dispute Resolution

62 Collaborative Law 3.21

63 3.22 The Lawyer's Creed and Dispute Resolution

64 Collaborative Law 3.23

65 3.24 The Lawyer's Creed and Dispute Resolution

66 Collaborative Law 3.25

67 3.26 The Lawyer's Creed and Dispute Resolution

68 Collaborative Law 3.27

69 3.28 The Lawyer's Creed and Dispute Resolution

70 Collaborative Law 3.29

71 3.30 The Lawyer's Creed and Dispute Resolution

72 Collaborative Law 3.31

73 3.32 The Lawyer's Creed and Dispute Resolution

74 Collaborative Law 3.33

75 3.34 The Lawyer's Creed and Dispute Resolution

76 Collaborative Law 3.35

77 3.36 The Lawyer's Creed and Dispute Resolution

78 Collaborative Law 3.37

79 3.38 The Lawyer's Creed and Dispute Resolution

80 Collaborative Law 3.39

81 3.40 The Lawyer's Creed and Dispute Resolution

82 Collaborative Law 3.41

83 3.42 The Lawyer's Creed and Dispute Resolution

84 Collaborative Law 3.43

85 3.44 The Lawyer's Creed and Dispute Resolution

86 Collaborative Law 3.45

87 3.46 The Lawyer's Creed and Dispute Resolution

88 Collaborative Law 3.47

89 3.48 The Lawyer's Creed and Dispute Resolution

90 Mediation 4 Cathleen Kuhl Hamilton County Municipal Court Private Complaint Mediation Cincinnati, Ohio

91 Mediation 4.1

92 4.2 The Lawyer's Creed and Dispute Resolution

93 Mediation 4.3

94 4.4 The Lawyer's Creed and Dispute Resolution

95 Mediation 4.5

96 4.6 The Lawyer's Creed and Dispute Resolution

97 Mediation 4.7

98 Early Neutral Evaluation 5 Honorable Deborah Alspach Marion County Juvenile Detention Center Marion, Ohio

99 Early Neutral Evaluation 5.1

100 5.2 The Lawyer's Creed and Dispute Resolution

101 Early Neutral Evaluation 5.3

102 5.4 The Lawyer's Creed and Dispute Resolution

103 Early Neutral Evaluation 5.5

104 5.6 The Lawyer's Creed and Dispute Resolution

105 Early Neutral Evaluation 5.7

106 5.8 The Lawyer's Creed and Dispute Resolution

107 Early Neutral Evaluation 5.9

108 5.10 The Lawyer's Creed and Dispute Resolution

109 Early Neutral Evaluation 5.11

110 5.12 The Lawyer's Creed and Dispute Resolution

111 Early Neutral Evaluation 5.13

112 5.14 The Lawyer's Creed and Dispute Resolution

113 Early Neutral Evaluation 5.15

114 5.16 The Lawyer's Creed and Dispute Resolution

115 Early Neutral Evaluation 5.17

116 5.18 The Lawyer's Creed and Dispute Resolution

117 Early Neutral Evaluation 5.19

118 5.20 The Lawyer's Creed and Dispute Resolution

119 Early Neutral Evaluation 5.21

120 5.22 The Lawyer's Creed and Dispute Resolution

121 Early Neutral Evaluation 5.23

122 5.24 The Lawyer's Creed and Dispute Resolution

123 Early Neutral Evaluation 5.25

124 5.26 The Lawyer's Creed and Dispute Resolution

125 Early Neutral Evaluation 5.27

126 Parenting Coordination 6 Jacqueline C. Hagerott Supreme Court of Ohio Dispute Resolution Section Columbus, Ohio

127 Parenting Coordination 6.1

128 6.2 The Lawyer's Creed and Dispute Resolution

129 Parenting Coordination 6.3

130 6.4 The Lawyer's Creed and Dispute Resolution

131 Parenting Coordination 6.5

132 6.6 The Lawyer's Creed and Dispute Resolution

133 Parenting Coordination 6.7

134 6.8 The Lawyer's Creed and Dispute Resolution

135 Parenting Coordination 6.9

136 6.10 The Lawyer's Creed and Dispute Resolution

137 Parenting Coordination 6.11

138 6.12 The Lawyer's Creed and Dispute Resolution

139 Parenting Coordination 6.13

140 6.14 The Lawyer's Creed and Dispute Resolution

141 Parenting Coordination 6.15

142 6.16 The Lawyer's Creed and Dispute Resolution

143 Parenting Coordination 6.17

144 6.18 The Lawyer's Creed and Dispute Resolution

145 Parenting Coordination 6.19

146 6.20 The Lawyer's Creed and Dispute Resolution

147 Parenting Coordination 6.21

148 6.22 The Lawyer's Creed and Dispute Resolution

149 Parenting Coordination 6.23

150 6.24 The Lawyer's Creed and Dispute Resolution

151 Parenting Coordination 6.25

152 6.26 The Lawyer's Creed and Dispute Resolution

153 Parenting Coordination 6.27

154 6.28 The Lawyer's Creed and Dispute Resolution

155 Parenting Coordination 6.29

156 Arbitration 7 Elaine N. Silveira Ohio State Troopers Association Columbus, Ohio

157 Arbitration 7.1

158 7.2 The Lawyer's Creed and Dispute Resolution

159 Arbitration 7.3

160 7.4 The Lawyer's Creed and Dispute Resolution

161 Arbitration 7.5

162 7.6 The Lawyer's Creed and Dispute Resolution

163 Arbitration 7.7

164 7.8 The Lawyer's Creed and Dispute Resolution

165 Arbitration 7.9

166 7.10 The Lawyer's Creed and Dispute Resolution

167 Arbitration 7.11

168 7.12 The Lawyer's Creed and Dispute Resolution

169 Arbitration 7.13

170 7.14 The Lawyer's Creed and Dispute Resolution

171 Arbitration 7.15

172 7.16 The Lawyer's Creed and Dispute Resolution

173 Arbitration 7.17

174 7.18 The Lawyer's Creed and Dispute Resolution

175 Arbitration 7.19

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