VirginiaThe Newsletter of theADR Joint Alternative Dispute Resolution Committee WINTER 2017 • VOLUME XV, NUMBER 2 Message from the Chair News and Notes Where Is Our Place The next Joint ADR Com- mittee Council meeting will be Wednesday, Feb. 7, at at the Table? 10 a.m. at VBA on Main in Richmond, 1111 E. Main St., By Deborah Wood Blevins, [email protected] Suite 905. Committee mem- bers are welcome to attend. he Joint ADR with time, I ask Public parking is available in Committee’s myself: What did I the Bank of America Center TSymposium learn? What will stay (enter on East Cary Street, on Monday, Sep- with me in my future between 10th and 12th). tember 25, 2017, work? And where do Two-hour street parking is in Richmond was a we as a committee available where posted. rousing success by go from here? any objective mea- The Virginia Bar Associa- First, I learned tion's 128th Annual Meet- sure. Attendance, that we are not alone. ing will be Jan. 18-20 at the content, finances and There are many of us Williamsburg Lodge. “What evaluations were all who think about the Neuroscience Teaches About outstanding. broader potential for Managing Conflict” will be “A Place at the lawyers to serve cli- presented by Professor Larry Table: A Sympo- ents and our legal Bridgesmith of the Vander- sium on Attracting Deborah Blevins system. I heard cre- bilt University School of Law. See vba.org/vbaannual2018 21st Century Clients and Efficiently ative thinking about the big picture; Solving Their Problems” focused I saw camaraderie forming among on how lawyers can use ADR skills people with a common intellectual to give them a competitive advan- curiosity; I felt the excitement of tage in practicing law. those who did not want to leave at As the shine of the day dims Continued on the next page Inside this issue ADR Symposium Recap ............................................................................ Page 3 Our committee will co- Revisions to Mediator Recertification Guidelines ................................... Page 5 present a CLE at the Virginia Managing Forgiveness Issues .................................................................. Page 6 State Bar Annual Meeting Q&A on VACCR .......................................................................................... Page 8 in Virginia Beach, tentatively set for June 13-17. Stories from Beyond the Courtroom ...................................................... Page 10 PAGE 2 JOINT ADR COMMITTEE WINTER 2017 Chair's message and employment. The best “legal” are interested in these issues. In outcome may not be the “best” out- the short term, we are sponsoring Continued from page 1 come for the person. a CLE at the VBA Annual Meet- the end of the day. ing. “What Neuroscience Teaches And where do we go from here? About Managing Conflict” is going Second, and this is no surprise, Again, I give credit to the comments to be presented by Professor Larry these people are team players. All that came from the small group dis- Bridge-smith of the Vanderbilt Uni- day long, people came up to me cussions at the Symposium. versity School of Law. At the VSB and offered to help in the ongoing Annual Meeting in Virginia Beach work of the Joint ADR Committee. There are real, systemic im- next summer, we are partnering with Almost every member of Council pediments to problem-solving and the Family Law Section to present helped in some way in putting on the use of ADR techniques in the “The Lawyer as Problem-Solver: the Symposium – from sponsorship everyday practice of law. Some of Respectful Dispute Resolution for to recruiting speakers to buying in- these are cultural, like the “muscle People Who Think They Hate Each dex cards – we were pulling the oar memory” of trial preparation. Some Other” (alternatively “Formulating together. of them are personal, like the “type A, competitive adversarial attor- Good Questions & Finding Com- Third, from the small group neys who get in the way of settle- mon Cause”). discussion responses, I learned that ment.” Some are financial, like the Do you have ideas? Are you collectively we agree with Justice cost and time involved in pursuing willing to help? It’s not too late – in Millette’s assessment of what law- formal mediation. fact, we’ve only just begun. Con- yers should be doing. It is critical to tact me or any member of Council. listen, really listen, to clients so that Overcoming these barriers is Please also, use our blog to contrib- we understand what their needs, our future. I believe we start by ute information about how you are goals and interests are. Early inter- continuing to talk, and continuing following up to spread the messages vention and problem-solving very to support each other. The Council conveyed during our wonderful often result in the best outcomes of the Joint ADR Committee is ex- September symposium. for people across a broad spectrum ploring ways in which we can raise of subject matter disputes: corpo- awareness through educational pro- It’s all good, rate, commercial, securities, fam- grams, and also provide social con- ily and domestic relations, labor nections among those of us who Debbie New Year's Volunteer Opportunities - Be Involved! 1. Bring at least one new member into our Committee 5. Help us develop a statewide law school ADR tour- 2. Read our blog All Things ADR and post comments nament to share your ideas and build its impact 6. Submit a brief article to our newsletter, Virginia 3. Join our Young Lawyer ADR Pro Bono project to ADR benefit schools and communities 7. Join a subcommittee 4. Join our Young Lawyer ADR Mentoring project to 8. Tell us how’re we doing and what you’d like from prepare the new wave of lawyers in ADR your Joint ADR Committee Let’s Connect! Email Debbie Blevins, Chair; or Jim Cosby, Vice Chair © 2017 The Virginia Bar Association; All rights reserved. The views expressed herein are not necessarily those of the VBA. Virginia ADR – The Newsletter of the Joint Alternative Dispute Resolution Committee. Editor: Claudia Farr – phone 804-588-3790; email: [email protected]. Design by Marilyn Shaw. The Joint Committee welcomes unsolicited short articles, news and book reviews. Submissions should be sent by email to [email protected]. The Joint ADR Committee reserves the right to edit, in collaboration with the author, or to decline to publish any submission. WINTER 2017 JOINT ADR COMMITTEE PAGE 3 A Great Day's Recap: ADR Symposium By Claudia Farr and Marina Mayes, Joint ADR Communications subcommittee n September 25, 2017, the Joint ADR Committee Obrought together lawyers, mediators, arbitrators and other dispute resolution professionals for a full day of presentations and dis- cussion on attracting 21st century clients and efficiently solving their problems. Here’s a look at the sessions that day. Here and Now in Dispute Resolution MARK E. RUBIN: Executive Director, Virginia Center for Consensus Build- ing at Virginia Com- oderator Mark Rubin, along increasing nationwide, encouraging monwealth Univer- Mwith panelists Lawrie Parker the exchange of expertise among sity, providing public and Bryan Hanson, introduced the professionals. policy mediation and audience to resources that can sup- training in mediation port lawyers in solving their clients’ Rubin discussed the work of and negotiation problems. the Virginia Center for Consensus Building at Virginia Commonwealth LAWRIE PARKER: Parker discussed the high-qual- University. Through mediation and Founder and Execu- ity and low-cost services provided related conflict resolution training, tive Director, Pied- by the not-for-profit community the center helps stakeholders reach mont Dispute Resolu- conflict resolution centers in Vir- consensus solutions to public policy tion Center, providing ginia for individuals, families and conflicts. In many cases, legislation mediation, restor- organizations. Taking a systemic, ative justice, multi- can then be crafted by the stake- networking approach, the centers holders themselves, and progress party facilitation and also help communities address prob- related training through the General Assembly lematic issues through public dialog smoothly and efficiently. BRYAN HANSON: facilitation and consensus building. Graduate Student Hanson described how non- The message for lawyers? Ombudsman, Virginia lawyer dispute resolution experts Think about these resources as Tech; Board Presi- can help lawyers understand ADR dent, Association for you consider increasing your ADR and shift focus from win/lose ap- Conflict Resolution, a skill levels and helping your clients national professional proaches to appropriate, interest- solve their problems. association of ADR based outcomes. He noted that practitioners events such as the symposium are Continued on page 4 PAGE 4 JOINT ADR COMMITTEE WINTER 2017 Symposium Recap professionalism, cooperation and creativity continue to resonate. Continued from page 3 – The Changing Face of The Value of Having Good Problem-Solving Problem-Solving Skills SAMUEL JACKSON: THE HONORABLE LEROY F. MILLETTE Mediator; adjunct pro- JR.: Retired Justice of the Supreme fessor of negotiation Court of Virginia, now providing me- and ADR, University of diation and other dispute resolution North Carolina School services with The McCammon Group of Law; Co-chair, Com- mittee of Mediator he Honorable LeRoy F. Mil- Ethical Guidance, Tlette Jr. provided a jurist’s per- American Bar Asso- spective on problem-solving during ciation, Dispute Resolution Section lunch.