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ALTERNATIVE Dispute Resolution 70417-1 Alabar Lawyer 11/12/14 6:50 AM Page 350 70417-1 AlaBar_Lawyer 11/12/14 6:50 AM Page 349 November 2014 | Volume 75, Number 6 ALTERNATIVE Dispute Resolution 70417-1 AlaBar_Lawyer 11/12/14 6:50 AM Page 350 Is youryour practicepractice moremore demanding than ever?evver?er? e best malprmalpracticeactice insurinsuranceance takes no ttimeime to nd. AIM makesakes it easyeasy.y.. DedicDedicatedated to insurinsuringing prpracticingacticing attorattorneys.neys. Attorneeyys Insurance Mutual TTelepelephone 205-980-0009 of the South® TTololl FFrree 800-526-1246 FFaxax 205-980-9009205 200 Invvererness Parrkwakwaayy Birmingham, Alabama 35242 wwww.Att.AttysInsMut.com Scan fforor Application “Insuring and Serving Practicingi Attorneys Since 1989” Copyyrright 2013 by Attorneys Insurance Mutual of the South® 70417-1 AlaBar_Lawyer 11/12/14 6:50 AM Page 351 ? n 70417-1 AlaBar_Lawyer 11/12/14 6:50 AM Page 352 December Save the dates for our Spring 2015 programs: 3 Alabama Update Montgomery 5 e Business of Being a Lawyer Birmingham February 6 Banking Law Update Birmingham 11 Tort Law Update Birmingham 27 Hot Topics in Elder Law Birmingham 12 Negotiations with Marty Latz Birmingham April 24 Enviromental Law Tuscaloosa 17 Employment Law Birmingham 18 Alabama Update Birmingham May 8 Legal Issues Facing City and County Governments 19 Trial Skills Birmingham May 8 - May 9 Orange Beach Programs Can’t attend in person? Many of our seminars will be webcast. Watch the seminar as it happens from your own computer! Check Out Our Best Selling Publications! Gamble’s Alabama Rules of Evidence, Alabama Property Rights and Remedies, ird Edition is a must-have resource, Fifth Edition, Volumes I & II is Upcoming designed as a reference to objections, comprehensive work covers an array of real responses to objections, and practice property litigation topics, including most pointers for use in trial proceedings. of the common rights and remedies that attorneys will encounter in their practice. McElroy’s Alabama Evidence, Sixth Edition is the complete and nal authority Alabama Probate Law and Procedure is a regarding Alabama evidence issues for valuable tool for attorneys new to the area of judges at all levels and lawyers alike. probate, it will also serve as a quick reference aid for seasoned attorneys. To register for a seminar, order publications, or for more information about any of our programs or services, visit CLEalabama.com or call 800.627.6514 or 205.348.6230. LawyerNOV14_Lawyer 11/12/14 3:26 PM Page 353 The Alabama Lawyer November 2014 | Vol. 75, No. 6 367 FEATURES ALTERNATIVE DISPUTE RESOLUTION: 366 The Supreme Court of Alabama Commission on Dispute Resolution 1994–2014 388 By Judge William Gordon 367 The Family Mediation Program: Helping Parents in Conflict Develop an Action Plan for Raising Their Children By Judith M. Keegan 368 Perspectives on Mediation from Top Attorneys By Samuel N. Crosby and Shawn T. Alves 374 Ethical Considerations in Collaborative Practice By Melanie Merkle Atha 379 We Remember: Robert Ward and Robert Creveling M 380 Law School ADR Updates: The Mediation Law Clinic at the University of Alabama School of Law By Anne Sikes Hornsby ADR at Samford University’s Cumberland School of Law By Henry C. Strickland Faulkner Law’s ADR Programs By Matt A. Vega 383 Free Mortgage Mediation for Homeowners and Lendors On The Cover By Allison O. Skinner An Alabama Tupelo tree in brilliant fall 386 AAA Initiatives in Arbitration in Recent Years foliage By India Johnson with an Introduction by William D. Coleman 388 Attorney Suicide: A Discussion of Untreated facebook.com/AlabamaStateBar Depression and Suicide By Robert B. Thornhill @AlabamaStateBar 393 MCLE Deficient? By Angela Parks @AlabamaStateBar 394 Book Review: Transgender Persons and the Law youtube.com/TheAlabamaStateBar By Ally Windsor Howell, LL.M. Reviewed by Joel Dillard and Cynthia Lamar-Hart flickr.com/AlabamaStateBar www.alabar.org | THE ALABAMA LAWYER 353 70417-1 AlaBar_Lawyer 11/12/14 7:05 AM Page 354 Gregory H. Hawley, Birmingham..........................Chair and Editor ADVERTISERS ALABAMA STATE BAR [email protected] 415 Dexter Avenue Linda G. Flippo, Birmingham .....Vice Chair and Associate Editor Montgomery, AL 36104 [email protected] ABA Retirement Funds..........................363 (334) 269-1515 • (800) 354-6154 Wilson F. Green, Tuscaloosa........Vice Chair and Associate Editor FAX (334) 261-6310 [email protected] Attorneys Insurance Mutual www.alabar.org Margaret L. Murphy, Montgomery.....................Staff Liaison and ALABAMA STATE BAR STAFF Director of Publications of the South .........................................350 [email protected] Executive Director.........................................Keith B. Norman Director of Personnel and Operations................Diane Locke Bama By Distance ...................................361 ASB Foundation Assistant/ Robert A. Huffaker, Montgomery...Chair and Editor, 1983-2010 Executive Assistant ......................................Ann Rittenour Bourgeois Bennett...................................391 Assistant Executive Director.................Edward M. Patterson Director of External Relations and BOARD OF EDITORS Projects/Annual Meeting .........................Christina Butler Melanie M. Atha, Birmingham • Marc J. Ayers, Birmingham • David A. Cain & Associates Engineers.................382 Administrative Assistants for External Relations Bagwell, Fairhope • Jennifer M. Bedsole, Birmingham • H. Lanier Brown, II, Birmingham • Henry L. (Max) Cassady, Jr., Fairhope • W. Lloyd Copeland, and Projects .................................Mary Frances Garner Mobile • Cason Crosby Cheely, Daphne • Kira Y. Fonteneau, Birmingham • Phillip G. Cantrell Marcia N. Daniel Sara Anne Ford, Birmingham • Amy M. Hampton, Alexander City • Walter E. Director of Digital Communications...........J. Eric Anderson McGowan, Tuskegee • Rebecca Keith McKinney, Huntsville • Jeffrey R. Expert Witness....................................377 Director of Information Technology.........Dolan L. Trout McLaughlin, Guntersville • James R. Moncus, III, Birmingham • Joi T. Montiel, Montgomery • Anil A. Mujumdar, Birmingham • Sherrie L. Phillips, Programmer ...................................................Larry D. Pratt Montgomery • Katherine T. Powell, Birmingham • Allison O. Skinner, Casemaker ...............................................411 Information Systems Manager...............O. Hunter Harris Birmingham • Marc A. Starrett, Montgomery • M. Chad Tindol, Tuscaloosa • Digital Communications Content Manager........Kelley Lee Jason B. Tompkins, Birmingham • David G. Wirtes, Jr., Mobile Director of Publications ....................Margaret L. Murphy CLE Alabama...........................................352 OFFICERS Director of Regulatory Programs .......................Angela Parks Richard J.R. Raleigh, Jr., Huntsville....................................................President MCLE Administrative Assistant ..............Carol Thornton Lee H. Copeland, Montgomery ................................................President-elect Cumberland School of Law ...................359 Membership Anthony A. Joseph, Birmingham...........................Immediate Past President Administrative Assistant...................Cathy Sue McCurry R. Cooper Shattuck, Tuscaloosa ................................................Vice President Regulatory Programs Keith B. Norman, Montgomery..........................................................Secretary Davis Direct.............................................403 Administrative Assistant............................Doris McDaniel Brandon D. Hughey, Mobile.....................Young Lawyers’ Section President Director of Admissions......................................Justin C. Aday BOARD OF BAR COMMISSIONERS J. Forrester DeBuys, III...........................392 Admissions Administrative Assistants.........Crystal Jones 1st Circuit, Halron W. Turner, Chatom • 2nd Circuit, Jerry L. Thornton, Hayneville • 3rd Circuit, Christina D. Crow, Union Springs • 4th Circuit, Sonia Douglas Jana Russell Garner, Selma • 5th Circuit, Charles G. Reynolds, Jr., Lanett • Director of Finance ....................................Michelle R. Owens 6th Circuit • Place No. 1, Terri O. Tompkins, Tuscaloosa • Place No. 2, R. Expedited Process Senior Financial Assistant..............................Gale Skinner Hays Webb, Tuscaloosa • 7th Circuit, William H. (Bill) Broome, Anniston • 8th Circuit, Emily L. Baggett, Decatur • 9th Circuit, W.N. (Rocky) Watson, Serving, LLC........................................365 Financial Assistant..............................................Kristi Neal Fort Payne • 10th Circuit • Place No. 1, Leslie R. Barineau, Birmingham • Graphic Arts Director ...................................Roderick Palmer Place No. 2, S. Greg Burge, Birmingham • Place No. 3, Barry A. Ragsdale, Receptionist..................................................Stephanie Oglesby Birmingham • Place No. 4, Robert G. Methvin, Jr., Birmingham • Place Freedom Court Reporting..........................415 No. 5, Augusta S. Dowd, Birmingham • Place No. 6, Teresa G. Minor, Director of Service Programs ....................Laura A. Calloway Birmingham • Place No. 7, Allison O. Skinner, Birmingham • Place No. 8, SP Administrative Assistant.........................Kristi Skipper Brannon J. Buck, Birmingham • Place No. 9, Derrick A. Mills, th Gilsbar ............................................................416 Lawyer Referral Service Representative..........John Dunn Birmingham •
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