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15 Alternative Resol. 1 (2005-2006)

handle is hein.barjournals/altresolut0015 and id is 1 raw text is: 61 n J1I ReSO Visit our Website at www.texasadr.org r I 6UtlOl'S The Newsletter of the State Bar of Texas Alternative Dispute Resolution Section Winter Issue CHAIR'S CORNER by William H. Lemons, III, Chair, ADR Section WHAT IS GOING ON HERE? Vol. IS-No. 1 We reported to you in the last newsletter about the highly successful CLE program the Section co-sponsored with the Frank Evans Center for Conflict Resolution last October. Held at South Texas College of Law, the two-day program was entitled Advocacy Skills for Resolving Disputes. We are already planning another, similar program for this fall. But now it is time to get back to work. Published elsewhere in this newsletter is the Agenda for the Council meeting held in Austin on January 8. The Agenda should give the members an idea of some of the topics that the Council focuses on each meeting. The Council is a very hard-working and dedicated group, and as Chair, I truly appreciate each Council member. At the January meeting, we had all but one of the Council members in attendance. Now - remember - these are volunteers who have to travel in from many different locations. The only member who didn't come was recovering from heart-bypass surgery; he would have attended, but his doctor said he couldn't. Remember that the Council has established three goals for this term: Goal A: To advance the field of arbitration by insuring fairness and educating consumrs and practitioners in the use of the process. Goal B: Increase the use of ADR for conflict management outside the courtroom. Goal C: Increase membership diversity, input and benefits. Let's talk about how we are addressing each. First, the Arbitration Taskforce is actively working to address concerns expressed by the Senate Jurisprudence Committee about fairness of consumer/business arbitration and the effect of pre- dispute arbitration clauses. John Fleming reports on the discussion draft of the Best Practices Guidelines for Consumer Arbitration elsewhere in this newsletter. Please help John and the Taskforce by providing comments, criticisms, sugges- tions and the like on the discussion draft. These may be emailed to John at jfleminoq ,austin.rr.com or by fax to (512) 476- 9259. The last newsletter contained numerous fine articles addressing and analyzing the Avary v. Bank of America, N.A. and Alford v. Bryant cases pertaining to mediation confidentiality and mediator privilege. In the interim, Avary settled, so continued on page 2 In this Issue Chair's Corner ..................................... Front Page Agenda-ADR Section Council Meeting .............................. 3 Senate Juriprudence Committee Issues Interim Report on Arbitration ......... 4 M ediator Skills Particular to M ediators ................................................... ._5 Ten Keys to Breaking an Impasse in an Appellate Mediation .................. 7 ADR Programs in the State Appellate Courts .......................... 12 The Panchayat: A Form of Traditional Dispute Resolution in India ........... 23 Ethical Puzzler ................................................ 28 ADR on The Web-Public Conversations Project ................................. 29 Alternative Dispute Resolution Section Proposes Best Practice Guidelines For Arbitration ..... . ......... . ........... ...................................... 30 ADR Section Calendar 2004-2005 ................... .................................... 32 Submission Dates for Upcoming Issues of Alternative Resolutions ........ 32 2004-2005 Officers and Council Members .......... ............. 33 Encourage Colleagues to Join ADR Section ............................................ 34 Publication and Submission Dates ................................... 35 Alternative Resolutions Publication Policies.._ ...................................... 35 Alternative Resolutions Policy for Listing Training Programs .............. 36 Feb/grA-4q05

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