KIMBERLEE K. KOVACH. J.D., December, 1979, Capital University School of Law, Columbus, Ohio

Transcription

1 KIMBERLEE K. KOVACH PRIMARILY ENGAGED IN TEACHING ALTERNATIVE DISPUTE RESOLUTION PRESENT: DISTINGUISHED LECTURER IN DISPUTE RESOLUTION, SOUTH TEXAS COLLEGE OF LAW : LECTURER AND DIRECTOR, MEDIATION CLINIC, UNIVERSITY OF TEXAS SCHOOL OF LAW : ADJUNCT PROFESSOR, UNIVERSITY OF TEXAS SCHOOL OF LAW : CLINICAL PROFESSOR, SOUTH TEXAS COLLEGE OF LAW : EXECUTIVE DIRECTOR, AA WHITE DISPUTE RESOLUTION INSTITUTE, SOUTH TEXAS COLLEGE OF LAW : ENGAGED IN PRIVATE LAW PRACTICE : ASSISTANT DIRECTOR, HOUSTON DISPUTE RESOLUTION CENTER VISITING FACULTY SUMMER ADR PROGRAMS: PEPPERDINE UNIVERSITY SCHOOL OF LAW, MALIBU, CALIFORNIA HAMLINE UNIVERSITY LAW SCHOOL, ST. PAUL, MINNESOTA UNIVERSITY OF IDAHO LAW SCHOOL, MOSCOW, IDAHO TULANE LAW SCHOOL, AT HUMBOLDT UNIVERSITY, BERLIN, GERMANY HAMLINE UNIVERSITY LAW SCHOOL, AT SPAGNA ROME EDUCATION J.D., December, 1979, Capital University School of Law, Columbus, Ohio B.S., cum laude, 1976, The Ohio State University, Columbus, Ohio Bar Licensure: State Bar of Ohio State Bar of Texas Colorado State Bar 1987 ADR PRACTICE: Trainer, Arbitrator, Mediator 1

2 PUBLICATIONS: BOOKS: Kovach, MEDIATION: PRINCIPLES AND PRACTICE, West Publishing Company (Text and Instructor's Manual) (1994) (reviewed at 45 J. LEGAL EDUC. 149 (1995): (3 rd Edition, May 2004) Kovach, Mediation in a Nutshell, (West 2003) BOOK CHAPTERS: Chapter entitled: The Evolution of Mediation in the United States: Issues Ripe for Regulation May Shape the Future of Practice in an Australian publication: Global Trends in Mediation (N. Alexander Ed 2d Ed. 2005) Kovach, Mediation in Handbook of Alternative Dispute Resolution (Bordone & Moffitt, Eds. 2005) Kovach, Ethics for Whom? The Recognition of Diversity in Lawyering Calls for Plurality in Ethical Considerations and Rules of Representational Work in Dispute Resolution Ethics, (ABA Section of Dispute Resolution, (Bernard & Garth eds 2002) Kovach, Enforcement of Ethics in Mediation in Dispute Resolution Ethics, (ABA Section of Dispute Resolution, (Bernard & Garth eds 2002) Kovach, Mediation, in State Bar of Texas Handbook of ADR (State Bar of Texas ADR Section, Imprimatur Press, 2003) Kovach, Moderated Settlement Conference, in State Bar of Texas Handbook of ADR (State Bar of Texas ADR Section, Imprimatur Press, 2003) Kovach, Overview, in Galton, REPRESENTING CLIENTS IN MEDIATION (1994). Kovach, Overview of ADR, Chap. 1; Moderated Settlement Conference, Chap. 7; Community Dispute Resolution Centers, (with 2

3 Merrill) Chap. 21; in Handbook of Alternative Dispute Resolution, State Bar of Texas (1990) Editor and Contributor, Handbook of Alternative Dispute Resolution: New Horizons for the Texas Judicial System (State Bar of Texas and Texas Young Lawyers Association 1987) ARTICLES: Kovach, Privatization of Dispute Resolution: In the Spirit of Pound, but Mission Incomplete: Lessons Learned and Future Assessments, S. Tex. L. Rev. (2007) (forthcoming) Kovach, Musings on Idea(l)s in the Ethical Regulation of Mediators: Honesty, Enforcement and Education, 21 Ohio St. J. on Disp. Resol. 125 (2005) Kovach, The Vanishing Trial: Land Mine on the Mediation Landscape or Opportunity for Evolution: Ruminations on the Future of Mediation Practice, 7 Cardozo J. on Conf. Resol. 27 (2005) Kovach, Representing Clients in Mediation: Ethical, Legal and Practical Concerns, 23 The Advocate 14 (2003) Kovach, New Wine Requires New Wineskins: Transforming Lawyer Ethics for Effective Representation in a Non-Adversarial Approach to Problem Solving: Mediation, 28 Fordham Urb. L.J. 935 (2001) Kovach, Lawyer Ethics Must Keep Pace with Practice: Plurality in Lawyering Roles Demands Diverse and Innovative Ethical Standards, 39 Idaho L. Rev. 399 (2003) Kovach & Love, ADR: An Eclectic Array of Processes, Rather than One Eclectic Process, 2000 J. Disp. Resol. 295 (2000) Kovach, Neonatal Life and Death Decisions: Can Mediation Help? 28 Cap. U. L. Rev. 251(2000). Kovach & Galton, Texas ADR: A Future So Bright We Gotta Wear Shades, 31 St. Mary s L. J.949 (2000) Kovach, The Lawyer As Teacher: The Role of Education in Lawyering 4 Clinical L. Rev. 359 (1998) Kovach & Love, Mapping Mediation: The Risks of Riskin s Grid, 3 Harv. Neg. L. Rev. 71 (1998). 3

4 Kovach, Time for An Ethic of Good Faith, 5 Dispute Resolution Magazine 5 (1998). Magazine 5 (1998). Kovach, Message from the Chair, 5 Dispute Resolution Kovach, Costs of Mediation: Whose Responsibility? 15 Mediation Quarterly 13 (1997). Kovach, Good Faith in Mediation: A New Ethic for Lawyers, Tex. L. Rev. 575 (1997). Kovach, Mediation for Mediators?, If You Talk the Talk, You'd Better Walk the Walk: An Examination of How Dispute Resolvers Resolve Disputes, 11 Ohio St. J. Disp. Resol. 403 (1996). Kovach & Love, "Evaluative Mediation Is An Oxymoron Vol. 14, Alternatives to the High Cost of Litigation 31(1996). Kovach, Virtual Reality Testing: The Use of Video for Evaluation in Legal Education 46 J. Legal Ed. 233 (1996). Kovach, ADR Education: The Promise of Our Future, 51 Disp. Resol. J. 56 (1996). Kovach, What is Real Mediation, and Who Should Decide? 3 Dispute Resolution Magazine 5 (1996). Kovach, The Costs of Mediation: What Should They Be and Who Should Pay Them? 3 Dispute Resolution Magazine 13 (1996). Kovach, Everything You Wanted to Tell Your Client About ADR But Were Afraid to Say, ABA SECTION OF REAL PROPERTY, PROBATE AND TRUST LAW (1994). Kovach, Timing Issues in ADR; ABA Young Lawyers Division (1993). Kovach, Use of ADR in Labor and Employment, ADR Institute, State Bar of Texas (1993). Kovach, The Basic Bricks: Fundamentals of ADR, Resolving Commercial Disputes Without Trial, University of Texas School of Law & Tulane Law School Continuing Legal Education (1993). 4

5 Kovach, Selection of the Mediator It's Hard to Shop When You Don't know What You're Looking For, ADR Institute: How to Use Mediators and Case Evaluators to Get a Fair Settlement for Your Client (1992) Kovach, Mediation in Criminal Cases, Issues of Power Balance: Mediation on a Tight Rope, Eighteenth Annual Advanced Criminal Law Course (1992) Materials Editor, MEDIATION STRATEGIES, ABA National Institute (1992) Kovach, Use of ADR in Bankruptcy Cases, Conference on Valuation of Assets, University of Texas School of Law, Continuing Legal Education (1992) Kovach, Recent Developments in ADR: State and Federal with an Eye on Texas, Arkansas Continuing Legal Education (1992) Kovach, Treating the Pathology of Litigation with ADR: The Design and Implementation of A Comprehensive Treatment Plan for the Corporation, 14th Annual Corporate Counsel Institute (1992) Kovach and Montgomery, ADR Issues Update, 55 Tex. B. J. 194 (1992) Kovach, Resolving Disputes with Clients, 18 Barrister 3, 54 (1991) Kovach, ADR in Action, Kentucky Bar Association Annual Convention (1991) Kovach, Alternative Ways to Settle a Lawsuit, Fifth Annual Legal Seminar on Ad Valorem Taxation (1991) Kovach and McCorkle, Case Evaluation Trilogy, The Art of Advocacy in ADR, South Texas College of Law & The A. A. White Dispute Resolution Institute (1991) Kovach, Litigation & ADR: Is It Really Oil & Water?, Art of Advocacy in ADR, South Texas College of Law & The A.A. White Dispute Resolution Institute (1991) Kovach, Use of ADR in Probate Litigation, Texas College of Probate Judges (1991) Kovach, Use of ADR in Civil Trials, South Texas College of Law (1991) Kovach and McHugh, Overview of Alternative Dispute Resolution, Advanced Settlement Techniques Course, State Bar of Texas (1990) 5

6 Kovach, Alternative Dispute Resolution: Does It Work?, Advanced Civil Litigation Institute, South Texas College of Law (1989) Kovach, Neutral Case Evaluation, St. Mary's Dispute Resolution Institute (1989) Kovach, How ADR Can Assist in the Resolution of AIDS Related Disputes, AIDS and the Law: A Practical Approach, Houston Bar Association/Houston Young Lawyers Association (1989) Kovach, Moderated Settlement Conferences, St. Mary's Alternative Dispute Resolution, Procedures, Pitfalls and Promises (1988) PRESENTATIONS: Faculty Facilitator, Teaching Mediation in American Law Schools, Conference at Straaus Institute for Dispute Resolution, Pepperdine University School of Law, June 13-15, 2005 The Vanishing Trial and its Effect on Mediation Practice, Alabama Annual Conference on Alternative Dispute Resolution, Jones School of Law, Montgomery, May 2005 Panelist, Sustainability of Court-Related ADR: Can It Survive and Should It? at the Opening Plenary, National Conference on Court ADR, Los Angeles, April 14, 2005 Panelist, The Vanishing Trial or is it? At the ABA Section of Dispute Resolution s Seventh Annual Conference, in Los Angeles, April 14, 2005 Moderator, Evaluating Evaluative Mediation at the ABA Section of Dispute Resolution s Seventh Annual Conference, in Los Angeles, April 15, 2005 Trainer, Workshop for the Kansas Association of City and County Managers on The Role of Conflict Management in Public Policy Issues, at Wichita State University s Hugo Wall School of Urban and Public Affairs January 22, 2005 Panelist, Musings on Idea(l)s in the Ethical Regulation of Mediators, at the Ohio State Journal on Dispute Resolution Symposium, The Collision of Two Ideals: Legal Ethics and the World of Alternative Dispute Resolution at the Ohio State Law School, January 21,

7 Panelist, Skills Training for the Lawyer: Teaching How to Use ADR in the Litigation of Family Business disputes, sponsored by the ADR and Litigation Sections, at the American Association of Law Schools Annual Conference in San Francisco, January 5, 2005 Plenary Speaker on I Mediator: How to Avoid Obsolescence and Stay Relevant in a Judgmental World, at The Georgia 11 th Annual ADR Institute and 2004 Neutrals Conference at Lake Lanier Island Georgia November 18, 2004 Presenter, What's Missing from Ethics--- Must Mediators Be Honest? at at The Georgia 11 th Annual ADR Institute and 2004 Neutrals Conference at Lake Lanier Island Georgia November 18, 2004 Moderator, The Vanishing Trial: Land Mine on the Mediation Landscape? at the Annual Conference of the Southern California Mediation Association in Malibu, November 6, 2005 Moderator, Preparing for Mediation of Legal Conflicts at the 5 th Annual Institute for Responsible Dispute Resolution at South Texas College of Law, Houston, October 15 th,2004 Presenter, Negotiation Workshop for the American College of Rheumatology, San Antonio October 18, 2004 Primary Trainer, Workshop on the use of Mediation in Medical Ethical Dilemmas at Sharp Health Care in San Diego, October 21, 2004 Workshop for Students and Alumni at the Thomas Jefferson School of Law, San Diego on Negotiation and Mediation, October 22, 2004 Presenter, What Skills Should We Be Teaching at the AALS Clinical Conference, San Diego, May 2004 Panelist, Methods of Grading in ADR Courses, ABA Section of Dispute Resolution Annual Conference, New York, April 2004 Panelist, Issues of Good Faith in Mediation, ABA Section of Dispute Resolution Annual Conference, New York, April 2004 Panelist, Lawyer as Problem Solver Conference, San Diego, March 2004 Speaker, Hawaii Mediator Association, Supreme Court of Hawaii, Honolulu, March 2004 Panelist, Texas Association of Mediators, Houston, February

8 Panelist, ABA Mid-Year Meeting, Women in Public Service, San Antonio February 2004 Panelist, Critical Issues in Dispute Resolution and the Courts, South Texas College of Law, Houston, October 2003 Panelist and Moderator, Ethics in Mediation and Negotiation, State Bar of Texas Annual Conference, Dallas, October 2003 Speaker, Role of Justice in Mediation Annual ABA Dispute Resolution Conference, San Antonio, March 2003 Panelist, Use of Video in Teaching Dispute Resolution, ABA Section of Dispute Resolution, San Antonio, March 2003 Panelist, Confidentiality in Mediation Travis County Bench & Bar, Austin, April 2003 Presenter, Dispute Resolution and Business, MC Comb School of Business, University of Texas, Austin, February 2003 Panelist, Teaching ADR- Issues and Methods AALS Annual Meeting, Washington D.C., January 2003 Panelist, Assessing and Evaluating Mediation Courses, AALS Annual Meeting, Washington D.C., January 2003 Panelist, What Do Lawyers Want in Mediation, Texas Association of Mediators Annual Conference, Austin, March 2002 Presenter, Mediation for Judges, ABA Mid-Year Meeting, Philadelphia, February 2002 Presenter, Good Faith in Mediation: Need for Innovative Ethical Guidelines, AALS Annual Meeting, San Francisco, January 2001 Panelist, Plenary, The Uniform Mediation Act and the Unauthorized Practice of Law Issues for Mediators, SPIDR International Conference, Albuquerque, September 2000 Panelist, Ethical Considerations for Advocates in Mediation, ABA Annual Meeting, New York City, July 2000 Speaker, The Uniform Mediation Act, Problems and Pitfalls, State Bar of Texas Annual Meeting, ADR Section Luncheon, San Antonio, June

9 Presenter, Dealing with Lawyers in Mediation, Ninth Annual Northwest Conference on ADR, Seattle, April 2000, Workshop on Ethical Issues in Mediation, Ninth Annual Northwest ADR Conference, Seattle, April 2000 Panelist, Ethics and Lying in Mediation, Annual ABA Section of Dispute Resolution Conference, San Francisco, April 2000 Presenter, First Annual ADR Legal Educators Colloquium, ABA Section of Dispute Resolution, San Francisco, April 2000 Workshop on the Uniform Mediation Act, State Bar of Texas ADR Section Annual CLE, Austin, February 2000 Panelist, Ethical Negotiation and Mediation, State Bar of Texas Telephone Seminar, January 2000 Panelist, Ethics for Lawyers, ABA Section of Dispute Resolution, Albuquerque, October, 1999 Panelist, Credentials for Mediators, SPIDR Annual Conference, Baltimore, September, 1999 Presenter, ADR Case Law Update, State Bar of Texas Construction Law Section, February 1999 Panelist, New Ethics for the New Lawyer: Representation in a Non (or Less) Adversarial Paradigm, ABA Annual Meeting, Toronto, Canada, August, 1998 Panelist, Issues of ADR in Health Care, ABA Annual Meeting, Toronto, Canada, August, 1998 Moderator, Creating a New Playing Field: ADR in Professional and Collegiate Athletics, ABA Annual Meeting, Toronto, Canada, August, 1998 Presenter, Workshop on the Styles of Mediation, at Mediation: Beyond the Basics: Life in the Trenches sponsored by the Missouri Office of State Courts Administrator, in Jefferson City, Missouri June 1998 Presentation, The Supreme Court s Jurisdiction over Mediation sponsored by ADR Section at the State Bar of Texas Annual meeting, Corpus Christi, Texas, June 1998 Key Note Address, The Changing Faces of Dispute Resolution, A Celebration of ADR, Hamline University School of Law, St. Paul Minnesota, June

10 Overview and Panel Moderator, Regulating Mediator Roles, Ethics and Conduct at Mediation Ethics in Texas: Laws, standards and Recent Developments, sponsored by the Center for Public Policy Dispute Resolution, Austin, Texas, June 1998 Panelist on The Balancing Act: Regulation or Deregulation? at Interaction 98, Bishop s College Lennoxville, Quebec, Canada, May 1998 Presenter, ABA Commission on Ethics, Ethics 2000 on behalf of the ABA Section of Dispute Resolution Montreal, Quebec, Canada, May 1998 Panelist, Mediator Ethics, at How to Succeed with Mediation, sponsored by the ABA Section of Dispute Resolution and the Colorado and Denver Bar Associations, Denver, Colorado, May Presenter, Regulation of the Mediation Profession, sponsored by the San Antonio Bar Association Section of Dispute Resolution, San Antonio, Texas February, 1998 Presenter, What is Real Mediation to the Alternative Dispute Resolution and Litigation Sections of the Wisconsin State Bar in Madison, Wisconsin, January 1998 Presenter of a paper, The Lawyer as Teacher: The Role of Education in Lawyering at the UCLA/IALS International Clinical Conference at Lake Arrowhead, California, October, 1997 Presenter, The Styles of Mediation, State Bar of Nebraska ADR Section at the Annual Meeting of the Nebraska State Bar Association, Lincoln Nebraska October, 1997 Presenter, Workshop in Mediation Skills for the National Academy of Arbitrators in Nashville, Tennessee, October, 1997 Presenter, ADR Overview, State Bar of Texas ADR Section, Annual Conference, Dallas, Texas, September, 1997 Panelist, Litigation and ADR: At a Crossroads for the 21st Century, at the ABA Annual Meeting, San Francisco, California, August 1997 Presenter, ADR: Problem Issues; Advanced Civil Litigation, South Texas College of Law CLE, Houston, Texas February 1997 Panelist, The Selection of a Mediator, ABA Symposium on Top Topics in Mediation, San Antonio, Texas January

11 Speaker, Ethical Issues in Mediation, ABA Symposium on Top Topics in Mediation, San Antonio, Texas January 1997 Lecture, Symposium on the Lawyer's Duties and Responsibilities in Dispute Resolution, South Texas College of Law, Houston, Texas October 1996 Panelist, Evaluative Mediation, ABA Annual Meeting, Orlando, Florida, August, 1996 Panelist, ADR Is Here To Stay, ABA Section of Real Property, Probate and Trust Law, ABA Annual Meeting, Orlando, Florida, August, 1996 Presenter, Evaluation of Mediator Skills, Clinical Legal Education Association Annual Conference, St. Louis, Missouri, May 1995 Presenter, Mediation of Attorney Grievances, State Bar of Texas Workshop with Litigators, General Counsel's Office, Austin, Texas, May 1995 Panelist, Standards of Professional Conduct in Alternative Dispute Resolution, AALS Annual Meeting, New Orleans, Louisiana, January 1995 Panelist, Hot Topics in ADR, Travis County ADR Section, Austin, Texas, January 1995 Panelist, Issues of Women and Power in Mediation, SMU School of Law CLE, SERVICE ACTIVTIES Recipient, 1995, Justice Frank G. Evans Award, State Bar of Texas Section of ADR, (given each year to an individual who has performed exceptional and outstanding efforts in promoting or furthering the use or research of alternative dispute resolution methods in Texas. The recipients should be persons who are recognized leaders in the field of ADR. ) Founding Member, Texas Mediation Trainers Roundtable Trainers (1994-present) Board of Directors, JUSTPEACE, a conflict resolution project of the United Methodist Church, Member, National Task Force on Health Care and ADR, Chair, ABA Section of Dispute Resolution,

12 Chair-Elect, ABA Section of Dispute Resolution, Vice-Chair, ABA Section of Dispute Resolution, Budget Officer, ABA Section of Dispute Resolution, Advisor, ABA Standing Committee on Dispute Resolution, Co-chair, State Bar of Texas ADR Section, Co-chair, State Bar of Texas, Committee on Alternative Dispute Resolution (Coordinated the creation of the ADR Section of the State Bar), Co-Reporter, Joint Committee on Standards for Mediators (ABA, AAA, SPIDR), Executive Committee, Alternative Dispute Resolution Section of the American Association of Law Schools (AALS) Member, Curriculum Committee, ABA Section of Legal Education and Admissions to the Bar, Member, Board of Advisors, Ohio State Journal on Dispute Resolution Member, Association for Conflict Resolution (ACR) Former Member, Board of Directors, Houston Area Chapter SPIDR Fellow, Texas Center for Public Policy Dispute Resolution Member, State Bar of Texas Quality of Practice Task Force, ADR Section Past Chair, Houston Bar Association Committee on Alternative Dispute Resolution Past President, Board of Directors, Houston Dispute Resolution Centers Former Young Lawyer Division Liaison to the ABA Standing Committee on Dispute Resolution 12