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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 Training Sponsored by the Section of Dispute Resolution See the tentative schedule at a glance, hotel and travel, and registration information here: www.ambar.org/spring20l6 Preliminary Stage: From Hello Mar. through Opening Offers Mar. 29, 2016 Web Law Student National Apr. Representation in Mediation 5 9 Competition Apr. 06, 2016 In-Person 18th Annual Spring Apr. Conference - Faculty 7 ( Registration Apr. 07, 2016 In-Person 18th Annual Spring Apr. Conference - Registration 07- C9 Apr. 07, 2016 In-Person 18th Annual Spring Apr. Conference 07-C(P Apr. 07, 2016 In-Person 18th Annual Spring Apr. Conference Awards Reception 0 and Dinner Registration Now Open 18th Annual Spring Conference April 7 - 9, 2016

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