ABOTA Executive Committee Meeting

a) WSBA ADR Section Executive Committee Meeting

b) MINUTES January 27, 2012

1. Call to order : The meeting was held at the Washington State Bar offices at Noon on Friday, January 27, 2012. Rina Goodman called the meeting to Order.

2. Roll call: The following persons were present in person or by telephone:

Rina Goodman, Chair Annamaria Gil Jeff Bean Adrienne Keith Sherman Knight Mark Baumann Paul McVicker Helen Ling, YLD liaison Alan Alhadeff Kathleen Wareham Courtland Shafer Lish Whitson

Also present was Andre Chevalier, a representative from Seattle University School of Law.

3. Minutes: Rina asked the members of the Executive Committee to review the minutes for the last three meetings and vote to approve them on the Section website.

4. Succession Planning: There was discussion regarding encouraging committees and their chairs to discuss how their committee can enhance the vision of the mission of the Section. Although committees are encouraged to proceed with executing the tasks related to their committee’s mission, while keeping the Executive Committee informed. To the extent that the missions change they can be incorporated in new bylaws.

5. Nominating Committee: Annamaria and Rina reported that there are discussions taking part with individuals who may have backgrounds that would enhance the skills of our Executive Committee. There will be an e-blast to Section members who are willing to work hard. There is a 3 year position to fill.

6. Treasure’s Report:

Courtland Shafer reported that the Section, in November, 2011 had net income of $600.00 and for the year, $4,800. Section dues are still being received. There is $35,000 in the bank. Moneys will be spent for the NW ADR Conference, but we also are a recipient of any profits made by the Conference.

7. Report from Seattle University School of Law: Mr. Chevalier is President of the Student Dispute Resolution Board at the Law School. There was discussion about how students can engage with the ADR Section in the areas of teaching and training of law students. There is a problem at the Law School with too few classes covering ADR skills. The discussion involved encouragement of intern programs and training classes re negotiating skills, as well as interaction with EEOC and DRCs, and possibility of attendance at NW ADR Conference.

Alan suggested an ADR day in March and a drop in program at 4:30 pm when it would not conflict with exams. Helen, Jeff, Adrienne and Lish volunteered to help Alan.

8. Legislative Committee: Paul reported on the Uniform Collaborative Law Act (UCLA). It looks like it will be implemented through a combination of Statute and Court Rule. It has passed the House and looks like it will pass in the Senate. It is unclear what its status is in the WSBA Court Rules Committee.

Paul also reported on the Foreclosure Fairness Act. There was a hearing on January 26 in the House Judiciary Committee. The issue of immunity is still in flux. Rep. Jamie Peterson may want everyone to have immunity. If immunity is approved, there is still the issue of incorporating the Uniform Mediation Act’s mediator privilege. There is also an issue of the statute of limitation and whether changes will be retroactive.

Alan, Jeff, Sherman and Paul all expressed concerns with the existing short comings of the foreclosure procedures that have been set up and are finding ways to help the clients.

9. Membership Committee: Adrienne reported on the Membership Committee’s recent social/meeting, which focused on land use mediation. The presentation was well received by the 18 members who showed up for the function. 4 Executive Committee members attended. There will be a WYLD Open Section night on January 31 from 5:30-7:30 p.m. at the WSBA Conference Center. Helen and Jeff will help with a display and hand- outs. We were asked for $100, which was approved.

10. NW ADR Conference: The Conference will be at the UW School of Law May 4-5, 2012. Jeff is helping to coordinate an Advocacy Track. The programs in this track will be moderated by Lee J. Berman. The conference will start with a plenary session by Nina Meierding at the Safeco Center. There will also be three programs on the Foreclosure Fairness Act.

11. Land Use & Environmental Mediation Committee: Courtney Kaylor reported on the progress of her committee. The Committee is conducting a pilot project in which mediation is provided on a pro bono basis by an experienced mediator and land use professional. The proceedings will be recorded to be used as a teaching tool for lawyers practicing in land use and environmental law. There will be at least one land use program at the NW ADR Conference.

12. New Business: Lish Whitson asked the Executive Committee members to be aware of the upcoming “dues” referendum and let others know about it. He also reported that the Federal Bar Association for the Western District of Washington is starting a pro bono mediation program which may be of interest to our members.

Next Board Meeting

The next meeting will be on February 17, 2012.