2016 Just Res. E-News 1 (2016)

handle is hein.journals/justre2016 and id is 1 raw text is: 

Section of Dispute Resolution I Policy-Just Resolutions Enews

               In this issue of Just Resolutions E-News we
               highlight the Section of Dispute Resolution's policy
     -<?l       leadership in the field of dispute resolution, past,
                present, and future.

                Read ahead in this issue of the Newsletter for links
                to past efforts, including the Model Standards of
                Conduct for Mediators, the Uniform Mediaton Act,
                the Ombuds Standards, and the Code of Ethics for
Commercial Arbitrators.

Currently, there is a great deal of activity in the area of mandatory
pre-dispute arbitration. This is an issue of increasing public
awareness and concern, as evidenced by the recent series of articles
in the New York Times. Section members hold diverse points of view
on this issue and the Section has been striving to find consensus
where we can and provide resource information to decision makers
when  this might be helpful.

In recent months a Section Task Force reviewed Department of
Health and Human  Services proposed new regulations for long-term
care facilities that, among other things, sought to increase
protections for nursing home residents when facilities seek to
include mandatory pre-dispute arbitration provisions in their
agreements with residents. The Section was able to reach
consensus on language suggesting stronger regulations opposing
mandatory  pre-dispute arbitration in this particular setting. The
Section's comments were adopted in the ABA's submission to the
DHHS  and final regulations are under review.

The Section also assembled to ask force to review the Consumer
Financial Protection Bureau's announcement that it intends to issue
regulations limiting the use of mandatory pre-dispute arbitration in
consumer  contracts. While reaching consensus in this arena may
prove more difficult than in the nursing home context, Section
leadership remains committed to addressing the issue productively.

The Section of Dispute Resolution has always played an active role in
the area of mediation confidentiality. The Section partnered with the
Uniform Law Commission  to draft and promote the Uniform
Mediation Act. Currently, we are following a controversy in California
where there is proposed legislation to alter the state's strict
mediation confidentiality statute to provide for an exception
addressing claims of attorney misconduct. California law currently
provides no such exception, and the state's Law Revision
Commission  is recommending an amendment  to the statute to
address these concerns.

We  can anticipate that there will be novel challenges in all of these
areas in the future. One area that is essential to the present and
future of dispute resolution is the use of technology. For the last
several months the Section has participated in the ABA's
Commission  on the Future of Legal Services Online Dispute
Resolution Online Dispute Resolution Working Group. Look for the
conclusions and recommendations of the Working Group and other
future-oriented projects in newsletters and announcements from
the Section of Dispute Resolution.

Howard  Herman

Chair, ABA Section of Dispute Resolution

    Sheraton  New  York Times  Square

    CLE I Professional Development   I

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 See the tentative schedule  at a glance,
    hotel and travel, and registration
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          Mar. 29, 2016

          Law  Student  National
  Apr.    Representation  in Mediation
  5  9    Competition
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          18th Annual  Spring
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          Apr. 07, 2016

          18th Annual  Spring
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    Registration Now  Open
18th Annual  Spring  Conference
        April 7 - 9, 2016

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