Be the Best Mediator You Can Be

Transcription

1 ASSOCIATION OF ATTORNEY- MEDIATORS presents its ADVANCED ATTORNEY-MEDIATOR TRAINING and CLE Seminar Be the Best Mediator You Can Be Friday, September 18, 2015 Hilton San Antonio Airport 611 NW Loop 410, San Antonio, TX :00-8:15 am Conference Check-in, Registration and Continental Breakfast 8:15-8:30 am Welcoming Remarks Sid McCollum, AAM National President, Little Rock, AR Brenda Rachuig, AAM Executive Director, Dallas, TX Don Philbin, AAM San Antonio/Bexar Chapter President, San Antonio, TX Jeff Kilgore, AAM National President-elect, Galveston, TX, Moderator 8:30-9:30 am Biggest Obstacle to Resolution & Most Effective Solutions Michael Kuhn, Houston, TX Myside bias is a tendency to favor information that confirms one s own preconceptions or hypotheses regardless of whether the information is true. As a result, people selectively gather evidence and recall information and, then, interpret the data in a biased way. Bias appears most strongly in emotionally significant issues and established beliefs and explains polarization, entrenched belief perseverance, and irrational, arbitrary or illusory analysis of facts and circumstances relating to a dispute. Myside biases, then, contributes to overconfidence and strengthening of personal regardless of an alternative explanation or contrary evidence. Hence, myside bias, left unchecked and unchallenged, leads to disastrous decisions. Creative strategies and solutions exist that can break through myside bias and, it is important to move beyond a strict case analysis (which inherently is plagued by myside bias),relying exclusively on an argumentative best case/worse case/most likely case review, into a more collaborative approach to problem solving. (1.00 hour) 9:30-9:45 am Break

2 Agenda Page 2 9:45-10:45 am The Role of Perception and Emotion in Mediation Robert Gordon, JD, PhD, Dallas, TX What are the expectations of Clients for mediation? What does winning, losing or breaking even mean to them? How do the Parties experience these results emotionally? This presentation explains the role of perception and expectation in client satisfaction with the outcome of mediation. How does cooperation and conflict work in the brain? How can the Mediator promote a cooperative attitude for the Parties, cognitively and emotionally? An introduction to relevant brain science concepts provides insight about how positive and negative attitudes of Clients and Parties effect outcome possibilities and how they can be enhanced. (1.00 hour) 10:45-11:15 pm How Did I Do? Amie Rodnick, Austin, TX The use of exit interviews and short surveys, via the internet, to help the mediator determine ways to improve on their mediation skills. Examples of short surveys and information from others throughout the country will give you a starting point for using these evaluation tools in your daily mediations. (.50 hour) 11:15-12:15 pm ADR Summary Jury Trial Robert Gordon, JD, PhD, Dallas, TX Retired Federal Judge Tom Lambros of Youngstown, OH, is the architect of the Summary Jury Trial. It is an ADR procedure that combines a mock trial followed by mediation to resolve contentious civil disputes. Bob will introduce the group to this interesting ADR procedure used by many across the country. He collaborates with the Association of Retired Federal Judges on alternative dispute resolution procedures involving mediation and involving summary jury trials and mediation. Texas and other jurisdictions have incorporated summary jury trials into the states' laws and procedures. Using mediation as a part of this procedure creates another avenue of resolution to the already useful Summary Jury Trial form of ADR. (1.00 hour) 12:15-1:15 pm Lunch Do We Communicate Or Do We Just Talk? Sid McCollum, Little Rock, AR Enjoy a delicious lunch buffet and get to know one another as Sid McCollum enlightens us on communicating. Do we say what we mean and mean what we say? (No CLE credit)

3 Agenda Page 3 1:15-2:45 pm What Users Want A View of Mediation from the Corner Office Bill Lemons, San Antonio, TX Co-Facilitator Don Philbin, San Antonio, TX Co-Facilitator Consumer Panelists: Gail Jensen, J.D., Chief Legal Officer, University of Texas at San Antonio Abel Martinez, J.D., Vice President, Partner Relations, Risk Management and Compliance, H-E-B Lori Massey Brissette, J.D., Assistant Vice President of Life Operations and Transformation, USAA Life Insurance Company Linda Goodnight Wright, J.D., Senior Business Group Counsel, Zachry Industrial, Inc. Come hear what mediation users expect. High ranking business executives and general counsel from various industries will share their expectations and what they don't like in this lively panel discussion. (1.50 hour) 2:45-3:15 pm Co & Gender Balanced Mediations: Pros and Cons Barbara Ann Allen, Austin, TX Co-mediation services promote an environment of neutrality and collaboration. Comediation and gender balanced mediation involve two or more mediators working together to assist the parties in dispute resolution. Having two mediators with proactive, pragmatic, positive approaches can often bring differing perspectives that promote creative solutions. (.50 hour) 3:15-3:30 pm Break with refreshments CLE sign-up sheets will be available at the break. Your bar number is required for state sign-in sheets. Certificates of Attendance will be available at the end of the day. 3:30-4:15 pm Mistakes Made and Lessons Learned: Ethical Considerations from the Trenches Suzanne M. Duvall, Dallas, TX An interactive discussion of mediation as a process that employs (among other elements) learning-by-experience as a valuable element in the professional education of the mediator. Real-life experiences will be used as constructive examples of what works and what doesn t and the lessons that can be learned from each. We will work through the examples presenting the ethical way to deal with these scenarios. (.75 hours ethics)

4 Agenda Page 4 4:15-5:15 pm Ethical Considerations When a Mediator Participates in the Mediated Settlement Agreement Jeff Kilgore, Facilitator - Galveston, TX What does a mediator need to consider when the mediation is finished and the agreement is ready to be written? Panelists will provide information for various states in keeping with ethical guidelines for mediators. (1.00 hour ethics) 5:15 pm Adjourn Panel Members (and the states on which they are reporting): Barbara Ann Allen, Austin, TX - California Suzanne M. Duvall, Dallas, TX Texas Kim L. Kirn, Clayton, MO Missouri; Illinois Sid McCollum, Little Rock, AR - Arkansas Mark Myers, Slidell, LA Louisiana Francis Hank Raucci, Helena, MT Montana; Pennsylvania, Utah 5:15-6:15 pm Networking Reception (just outside the meeting area) Please join us for networking and recapping the day with mediator colleagues. Refreshments will be served in the foyer. MCLE Credits by State: We have applied for MCLE Credit in these states. Approval will be posted on the AAM website at as the notices arrive. Please notify us if you need application to another state. aam@attorney-mediators.org Arkansas: Arkansas CME: Illinois: Louisiana: Mississippi: Mississippi CME: Missouri: Montana: Oklahoma: Pennsylvania: Tennessee: Texas: 7.25 hours, including 1.75 ethics hours

5 Association of Attorney-Mediators Advanced Attorney-Mediator Training - September 18, 2015 Speakers and Panelists Barbara Ann Allen is an Advanced Mediator in Texas and an Attorney admitted to practice in California* with over thirty years of experience, including a strong business background. She has advanced training in family/divorce matters and has handled personal injury cases, contract disputes, civil rights issues, employment disputes and all types of civil mediations. Barbara s legal background includes working at two national law firms and teaching Law, and has included an emphasis on alternative dispute resolution since Her background includes being an active private investor working with company management teams to transition their businesses to professionally managed growth entities, to translating and negotiating for the SATRA Group in Russia. Barbara proactively works closely with in-house general counsels to evaluate policy and procedures to comply with federal, state and local laws to avoid potential pitfalls in highly litigious corporate climates. Barbara has served on many Boards and is involved in facilitating strategic organizational planning sessions. She teaches and speaks frequently on mediation topics, including the advantages of co-mediation in multi-party and complex situations. The mediation firm Barbara founded offers customized, in-house training to improve mediation skills for HR departments and mediation classes. Barbara specializes in handling cost-effective resolution of high-stakes litigation. Suzanne M. Duvall is an attorney-mediator in Dallas who holds the highest designation given by the Texas Mediator Credentialing Association, that of TMCA Distinguished Mediator. With over 800 hours of basic and advanced training in mediation, arbitration, and negotiation with State Bar of Texas, Dallas Bar Association, Harvard Law School, CDR Associates, American Arbitration Association, she has mediated over 2,500 cases to resolution and serves as a faculty member, lecturer and trainer for numerous dispute resolution and educational organizations in Texas and nationwide. Suzanne was appointed by the Texas Supreme Court to serve on the Court s Advisory Committee for Court-Annexed Mediations. She has received numerous awards for her mediation skills and service including the Frank G. Evans Award given by the State Bar of Texas ADR Section for outstanding leadership in the field of dispute resolution, the American Arbitration Association Brutsche Award for Professional Excellence in Dispute Resolution, the Texas Association of Mediators Susanne Adams Award for Outstanding Commitment and Dedication to the Mediation Profession, and the Association of Attorney Mediators Pro Bono Service Award. She has also been selected Super Lawyer for 13 consecutive years, , by Thomson Reuters and the publishers of Texas Monthly and has been named to Texas Best Lawyers and Best Lawyers in America Dr. Bob Gordon is a clinical psychologist and lawyer and has practiced psychology for 45 years. A graduate of the Baylor Law School who served on Law Review, he was recently inducted into the Bar of the U.S. Supreme Court. He collaborates with the Association of Retired Federal Judges on alternative dispute resolution procedures involving mediation and summary jury trials. He is the director of the Wilmington Institute Network [WIN] which is an outstanding international team of behavioral scientists. The WIN Experts Panel is recognized for successfully applying scientific and therapeutic methods to helping families and corporations resolve conflict in family law and commercial cases. Dr. Gordon is supportive of the collaborative law model for resolving family law issues outside of court and for the mediation of commercial and personal injury cases. He applies next generation neuroscience techniques including brain synchrony training designed as enjoyable games to help people resolve conflicts. Dr. Gordon has served his profession as President of the Texas Psychological Association and Chair of the Texas State Board of Examiners of Psychologists. He received the Distinguished Psychologist Award which recognized his contribution to building a bridge between the disciplines of psychology and the law. He has helped corporations and individuals creatively and successfully try and settle jury trials in significant commercial and intellectual property litigation.

6 Speakers and Panelists Page 2 Gail A. Jensen is the Chief Legal Officer at The University of Texas at San Antonio where she oversees the Office of Legal Affairs, the Office of Equal Opportunity Services and the Office of Institutional Compliance and Risk Services. Gail joined UTSA in 2006 as an Associate Counsel, and became the Chief Legal Officer in Before joining UTSA, Gail practiced law in both the private and public sectors. She was an Associate Counsel in an employment law boutique firm in Houston, Texas, advising and defending employers in all types of employment issues. Prior to that, she was a Litigation Attorney in the San Antonio City Attorney s Office, defending the City in a wide variety of cases in state and federal court. Gail also worked as a jury consultant providing expertise in jury selection, witness preparation and trial strategy in complex litigation. Gail obtained her law degree from The University of Texas School of Law, and she subsequently obtained a Master of Science Degree in Counseling Psychology from Our Lady of the Lake University. Jeff Kilgore was a trial lawyer when he decided the disputants could benefit greatly from crafting their own settlement with help of their attorneys. He started focusing on mediation and arbitration in 1998 and has continued to grow his practice and training by participating in seminars and courses on a regular basis. He also has taught mediation courses at the University of Houston AA White Dispute Resolution Center and has chaired and co-chaired mediation trainings in advanced family mediation. He has completed over 1600 mediations in contracts disputes, construction, insurance issues, property law disputes, securities, probate and family law matters. His primary office is in Galveston, Texas and he works out of the Greenway Mediation Center when requested. Jeff is married to Mary Kilgore and has three children Chris, Adam and Kelsey, and grandchildren, Tierney and Aislynn. He enjoys sailing, boating, nature photography, and grilling for friends and family. He has been in law practice 42 years this month. Jeff has been a member of AAM since Kim L. Kirn is an attorney practicing alternative dispute resolution based in the St. Louis/ Southern Illinois area. She has successfully completed numerous mediations through US Arbitration and Mediation and the Equal Employment Opportunity Commission. Her ADR practices focuses on employment, real estate, commercial disputes and personal injury. She is an award-winning legal writer with articles appearing in the Illinois Bar Journal, St. Louis Lawyer and AmJur Proof of Fact. Ms. Kirn is a member of the Board of Directors of the Association of Attorney-Mediators. Michael Kuhn is Board Certified by the Texas Board of Legal Specialization, Civil Trial Law, and recently was named a Best Lawyer 2015 in commercial litigation. In addition, he served as Bracewell Giuliani s General Counsel with responsibilities for risk management, loss prevention, legal ethics and compliance programs. As a Senior Partner in the firm's Trial Section, Michael Kuhn currently focuses on independent consulting services to other law firms and firm clients in areas of practice relating to compliance, risk management and loss prevention. His practice includes creative pre-litigation and post-judgment alternative dispute resolution, internal investigations, mediation and arbitration services, and advice on issues of legal ethics, risk management, insurance coverage, compliance and professionalism.

7 Speakers and Panelists Page 3 Bill Lemons is engaged in all aspects of Alternative Dispute Resolution and serves full-time as Arbitrator and Mediator. He is an Arbitrator on the Employment Law, Commercial Dispute, Banking and Financial Services, Construction and Large Complex Case panels of the American Arbitration Association, is a Fellow of the College of Commercial Arbitrators, is a Distinguished Neutral of CPR (International Institute for Conflict Prevention and Resolution), a Panelist for the American Health Lawyers Association ADR Service and is a member of the National Academy of Distinguished Neutrals. Internationally, he is a Panelist for the International Centre for Dispute Resolution (AAA), and is a Fellow (FCIArb) of the Chartered Institute of Arbitrators in London. He maintains a very active mediation practice, and is a Qualified Neutral for the United States District Courts for the Western and Southern Districts of Texas. He served as Chair of the ADR Section of the State Bar of Texas, and served as national President of the Association of Attorney-Mediators. Bill has served as a National Trainer/Facilitator in mediation/arbitration skills for the American Arbitration Association, teaching the 40 hour basic mediation skills course to Alamo Community College District, Southwest Foundation, Coca Cola Enterprises, Inc., Zachry Construction Corporation and many others. He has taught the course Arbitration Advocacy, and counsels companies and individuals on implementing and designing dispute resolution programs. Bill has conducted arbitrations under JAMS, AAA, CCA, AHLA, ICDR, IBA and CPR rules. He is a permanent neutral for Kraft Foods Global, Toyota Motor Company, Southwest Airlines Company, Neiman Marcus, Houston Metropolitan Transit Authority, Coca Cola Refreshments, U.S.A. and the Montana Industrial Relations Board. Bill is a member of the Association of Attorney-Mediators, the Texas Mediator Credentialing Association, Institute for Responsible Dispute Resolution, and is a Life Fellow of the Texas Bar Foundation. Now in his 42 nd year of practice, Bill was a Shareholder with what is now COX SMITH MATTHEWS in San Antonio immediately prior to his ADR career, and before that was inhouse labor counsel for Braniff Airways, Inc. in Dallas, Texas. Abel Martinez; Vice President, Partner Relations, Risk Management and Compliance. Mr. Martinez joined H-E-B in He is Board Certified in Labor and Employment Law and prior to his position with H-E-B, he had extensive litigation experience in Labor and Employment Law, insurance defense, and civil rights. His representation primarily consisted of management and employers in Texas. He has tried numerous cases successfully in federal and state courts in such matters relating to labor disputes, discrimination suits, OSHA proceedings, wrongful termination suits, all other matters involving the employer/employee relationship, and personal injury cases. Mr. Martinez received his J.D. from University of Houston Law Center, and received his BBA from St. Mary s University. Lori Massey Brissette is Assistant Vice President of Life Operations and Transformation for USAA Life Insurance Company. In that capacity, she leads teams that handle Health Solutions and Annuity Fulfillment, Life & Annuity Servicing, Claims & Investigations, and Affiliate Management. She also serves as the Transformation Executive for the company, leading all projects, process excellence efforts and business initiatives towards a future target state. Prior to her current role, Lori was a practicing attorney for twenty years, handling both trial and appellate matters in state and federal courts. She was a Bexar County District Judge from 2003 to She has also served as a mediator and as a private judge in high profile family law matters.

8 Speakers and Panelists Page 4 Sidney McCollum has achieved 24 years of a general and varied practice as an attorney and six years of service on the bench as Circuit Judge for the 19 th Judicial District of Arkansas. In 1995 Judge McCollum established ADR, Inc., an alternative dispute resolution service providing mediation, arbitration, mini-trials, and all other alternative dispute resolution techniques. Before moving to mediation, his experience included working as: clerk for a federal district judge; trial attorney in a large firm emphasizing defense work; Assistant U.S. Attorney, specializing in complex white collar crime; partner in a small firm representing large national corporations, banks, schools, cities,organizations and individuals. Since shifting focus to ADR, McCollum has mediated more than 2,000 cases in all fields of law. Sid was a member of the Arkansas Alternative Dispute Resolution Commission since it was formed and served as chairman for 12 of those years. Additionally, he has spent hundreds of hours training mediators across Arkansas as well as presenting seminars at the National Judicial College in Nevada. Sid is currently serving as the President of AAM. Mark Myers is an attorney, mediator and arbitrator with his own dispute resolution practice, RESOLUTIONS BY MARK A. MYERS PLC, having offices in Slidell, Mandeville & New Orleans, Louisiana. In addition to his private mediation and arbitration practice, he serves on arbitration panels for the Financial Industry Regulatory Authority, the National Futures Association, the Louisiana State Bar Association, and the Better Business Bureau. He also serves on mediation panels for FINRA and the U.S. Postal Service. After a career in litigation, Mark now limits his law practice to corporate representation, and he is frequently retained by businesses as their outside General Counsel. While his law practice is limited to Louisiana, he has mediated and arbitrated cases in 7 states and Puerto Rico. Mark is a frequent public speaker on a wide variety of topics, concentrating on law and alternative dispute resolution. He also provides conflict management and resolution skills seminars, and has taught courses at Tulane University, Nunez Community College, the University of Phoenix, and Delgado Community College. Mark offers facilitation services for corporate meetings and retreats. He serves as Vice-Chair on the Statewide Council of the Louisiana State Bar Association Committee on Alternative Dispute Resolution. Mark has co-authored Family Court Pilot Mediation Programs in St. Tammany and Orleans Parishes, and serves on the Board of Directors of the Association of Family & Conciliation Courts. He is a Registered Civil Mediator and Registered Divorce Mediator in Louisiana and a member of the Association of Attorney-Mediators and the Association for Conflict Resolution. Don Philbin, J.D., M.B.A., LL.M., is an AV-rated attorney-mediator, adjunct professor of law, curator of and president of Picture It Settled. Picture It Settled is Moneyball for negotiation. Our behavioral software has learned negotiating patterns from parties to thousands of litigated cases in a wide variety of jurisdictions and claim types and uses that intelligence to project results and help fine-tune negotiating strategies. Don was named the 2014 Lawyer of the Year for Mediation in San Antonio by Best Lawyers, was recognized as the 2011 Outstanding Lawyer in Mediation by the San Antonio Business Journal, is one of seven Texas mediators listed in The International Who s Who of Commercial Mediation, and is repeatedly listed in: The Best Lawyers in America, Texas Super Lawyers, The Best Lawyers in San Antonio, and the U.S. News and Best Lawyers Best Law Firm survey. He is an elected fellow of the International Academy of Mediators, the American Academy of Civil Trial Mediators, and the Texas Academy of Distinguished Neutrals.

9 Speakers and Panelists Page 5 Francis J. Hank Raucci, Of Counsel partner with the firm of Gough, Shanahan, Johnson and Waterman in Helena, Montana, continues a legal career that spans over 50 years. Most recently Hank was Executive Vice President and Chief Labor Counsel for American Stores, the largest food and drug retailer in the United States and one of the top ten private employers, with over 120,000 unionized employees. He has participated in the negotiation of over 500 labor agreements with the Teamsters, UFCW and Bakery Workers unions and has handled scores of arbitrations. He has supervised over 200 employment-related litigated cases, including what was the largest sex and race discrimination case in the retail industry. He has served as trustee on several Taft-Hartley pension and health and welfare trusts with combined assets in excess of 5 billion dollars. Mr. Raucci is a member of the Montana Bar as well as the Pennsylvania and District of Columbia Bars, and is admitted to practice before the US Supreme Court, the Ninth Circuit and Third Circuit Courts of Appeal. In the 1980's Hank served as Justice Pro Temp in Cascade County. He has served on the faculties of the University of Montana, University of Great Falls, Saint Joseph s University, California State and Temple University School of Law. He has written and lectured extensively on labor and employment issues in the public and private sector. Hank is a panel member Association of Attorney-Mediators and currently serves on the Board of Directors. He is a Charter Fellow of the College of Labor and Employment Lawyers - an association of preeminent practitioners in that field. He is also a Fellow of the Academy of Court Appointed Masters. There are currently 83 Fellows in the United States serving as Rule 53 Masters in the Federal Court systems. Mr. Raucci is the only Fellow in Montana. He regularly serves as a mediator and arbitrator, including the national panels with Labor, Employment and Contracts, ERISA and the Asbestos Injury trust Fund of the American Arbitration Association for mediation and arbitration and national panel of FINRA Arbitrators. He has recently been appointed Vice Chairman of the Arbitration Committee of the ABA. He is a graduate of Saint Joseph s University and Georgetown University Law School. He received a fellowship from the University of Pennsylvania, Fels School of Public Administration. Amie Rodnick received her law degree from UT-Austin in 1978 and worked as an Assistant Attorney General for the first five years after law school graduation. She has been in private practice in Austin since 1984, exclusively focusing on family law. She became board certified in family law in 1990 and also received her mediation training that same year. She has been AV rated by Martindale-Hubbell since She has served as a director of the Travis County Lawyer Referral Service, president of the Travis County Women Lawyers Scholarship Fund, chair of the Family Law Section of the Travis County Bar Association, and past member of the District 9-A Grievance Committee and is president of the Central Texas Collaborative Family Lawyers. She has given numerous speeches to various organizations on family law-related issues and has mediated hundreds of family law matters. Further information can be found at her website: Linda Goodnight Wright, J.D., is Senior Business Group Counsel for Zachry Industrial, Inc. in San Antonio, Texas, where she drafts and negotiates complex engineering, procurement and construction (EPC) contracts in the power, petrochemical, and process markets. In this position, she also negotiates joint venture agreements with other large engineering firms or construction companies and supports the awarded projects through final completion. Linda started providing legal services to H.B. Zachry Company in 1994, became a partner in the captive law firm of Johnston, Ralph, Reed & Watt in January, 1996 handling employment and labor issues, and now offices at Zachry s headquarters, focusing entirely on construction law. Her previous experience as a partner in a Temple, Texas law firm included working in contracts, probate, real property and civil litigation. In 1992, Linda received her certification in mediation of civil disputes. She graduated from Baylor Law School, Waco, Texas, and Stephens College in Columbia, Missouri.