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5 Alternative Resol. 1 (1995-1996)

handle is hein.barjournals/altresolut0005 and id is 1 raw text is: Resolutions JJ--The Newsletter of the State Bar of Texas Alternative Dispute Resolution Section WINTER 1995 Vol. 5, No. 1 CHAIR'S CORNER By David Cohen and Wendy Trachte-Huber, Co-Chairs ADR Section Welcome to a new year. We are looking forward to completing and starting some very important projects that, we believe, will significantly advance our Section's stated mission -to oversee and promote the use of ADR in Texas for the benefit of the public. Before discussing these projects, however, we wish formally to thank a good friend and for- mer Council Member whose efforts have in large measure accounted for much of the success that our Section has enjoyed, Nancy Atlas. For her years of diligent service and invaluable help as a Council Member and Co-Chair of the Quality of Practice Task Force, we thank Judge Atlas and extend our very best wishes in the performance of her new duties as a federal judge in Houston: Mediation's Loss is Adjudication's Gain. CREDENTIALING As many of you know, the Quality of Practice Task Force and its predecessor versions, on behalf of the Council, have labored for several years in an effort to formulate a plan whose ultimate goal is to establish a meaningful, inclu- sive, and fair program for the credentialing of mediators in the State of Texas. We are extremely pleased to report that the Task Force has now completed the first phase toward our ultimate goal: The Task Force has formulated a plan, embodied in a Final Report to the Council, entitled, Proposal for a Voluntary Program for Mediators' Designation Credentialed by the Alternative Dispute Resolution Section of the State Bar of Texas. The Proposal is included in this issue of Alternative Resolutions. The next phase toward our goal begins with you, the Section's membership. We earnestly seek your comments, suggestions, criticisms (hopefully, constructive only), and just plain general reactions to the Proposal. We can tell you that, while preliminary reactions from those who have seen the Proposal are generally very favorable, some concerns have been expressed as well. The main concern appears to be whether it is appropriate or, indeed, even permissible, for a Section of the State Bar to credential mediators. At the time of this writing, we have not yet received a response from our State Bar President, David Beck, to a request for the views of the Bar's Board of Directors on the matter. But rather than set out the pro's and con's now on this and other issues related to credentialing, we believe that prompt, wide dissemination of a concrete proposal is most appropriate: The many volunteers who have labored hard for so many years in creating this thoughtful and articulate final product deserve no less than to at least have it presented for equally thoughtful and articulate consideration. Accordingly, the Council now turns to the Section's membership for input. The steps we take thereafter -whether to endorse the Proposal, modify it, or even abandon it- depend, in large measure, on you. We have also embarked on a related effort regarding credentialing, by contacting the Texas Supreme Court. To fully explore options, we have sent a letter to the Supreme Court seeking to determine the Court's interest in the pos- sibility that it provide an oversight role. Please let us hear from you regarding this very significant project. We have asked our Immediate Past Chair, Bruce continued on page 8 C hair's C orner .................................................................. Front C over Proposal for a Voluntary Program for Mediators' Designation 'Credentialed by the Alternate Dispute Resolution Section of the State Bar of Texas'. .......................... 2 When Talk Works: Profiles of Mediators - Book Review .............. 4 M ediation in Unlikely Places ...................................................... 6 Negotiating in the Twilight Zone ............................................... 7 A Historical Perspective of Alternative Dispute Resolution ..... 11 Alternative Dispute Resolution in the 74th Legislature ............. 11 Alternative Resolutions Publication Policies .............................. 14 ADR Section Membership Application ................................... 14 Legal Assistants Division .......................................................... 15 ADR Section Council Members ...................................... Back Cover Calendar of Events ........................................................... Back Cover Alternative Resolutions P DE October 1995

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