MSBA ADR Section
Annual Report Archives
2007-08 | 2010-11 | 2011-12
2002-03 | 1997-98 | 1996-97 | 2005-06 | 2006-07
Back to Section Website


MSBA ADR Section
Annual Report
2011-12


Section Membership
As of April 20, 2012, the ADR Section has 399 members.

Financial Status
The ADR Section had an account balance of $1,041.56 as of June 27, 2012. 

Continuing Legal Education Programs
The Section hosted nine CLE programs in fiscal year 2011-12. 

Program Title

Date

Event Code

CLE/ADR Credit

Number of Attendees

News and Views from Minnesota Community Mediation Programs

9/13/2011

159645

1.5 Standard

41

Can the Political Differences in the Minnesota Legislature be Mediated?

10/11/2011

160934

1.0 Standard

35

The Annual Happy Hour and Law Student Reception

11/8/2011

N/A

N/A

20

Arbitration: Have We Lost Its Traditional Benefits? Can We Get them Back? Perspectives on Realizing the Promise of Arbitration

12/13/2011

162431

1.0 Standard

43

Nonviolent Peacekeeping - An ADR Model Worth Emulating

01/10/12

163093

1.0 Standard
1.0 ADR

43

Has the ABA Endorsed an End-Run Around the Rule Against Contact with Represented Parties? - ABA Formal Opinion 11-461

2/14/2012

164306

1.0 Ethics

37

The ADR Ethics Board: Who They Are, What They Do and How Not to Meet Them

3/13/2012

165304

1.0 Ethics

78

Kentucky Felony Mediation Program: A Model for Mediation of Criminal Cases in Minnesota?"

04/10/12

166433

1.0 Standard

66

Probate/Trust Mediation—Perspectives from Two Mediators with Bench Backgrounds

05/08/12

167711

1.0 Standard

79

 

Annual Meeting and Election Results

Elections were held at the Section annual meeting on May 8, 2012. 

2012-13 ADR Section Executive Council

Section Chair:

Dan Simon

Secretary:

Linda Mealey-Lohman

Section Treasurer:

Rick Hendrickson

ADR Legislation Reps:

Jeff Ansel
Marilyn McKnight

ADR  Publications Reps:

Steve Schemenauer
Alan Witz

Community ADR Reps:

Louis Robards
Jeanne Zimmer

Commercial/Employment ADR Reps:

Greg Bistram
Madge Thorsen

Family ADR Reps:

Carol Klaphake
Nikki Keirnes

Past Chair:

Patrick Burns

 

Other Section Accomplishments

The ADR Section gave out three grants this year - $3,000.00 to MN Association of Community Mediation Programs, $3,000.00 to Conflict Resolution Center and $1,000.00 to Central Minnesota Legal Services. 

The Section also sponsored the Conflict Resolution Minnesota Annual Conference with a $500.00 donation.

Submitted By:
Patrick Burns, Section Chair
Date: June 20, 2012

MSBA ADR Section
Annual Report
2010-11

Section Membership
As of May 26, 2011, the ADR Section has 374 members.

Financial Status
The ADR Section had an account balance of $3817.15 as of April 30, 2011. 

Continuing Legal Education Programs
The Section hosted nine CLE programs in fiscal year 2010-11. 

Program Title

Date

Event Code

CLE/ADR Credit

Number of Attendees

Can the Judiciary be Saved? Can ADR Help?

5/10/11

155581

1.0 Standard

34

ADR in Special Education: How to Build Trust in a Mediation System when Distrust Abounds

4/12/11

154799

1.0 Standard

39

Interaction Between Judiciary Budgetary Crisis and ADR

3/8/11

153337

1.0 Standard

44

Keep your "In-fighting" In-House: Designing Workplace Dispute Resolution Processes: Tips and Traps for Attorneys and ADR Neutrals (co-sponsored with ADR)

02/8/11

152448

1.0 Standard

59

Elder Mediation: Possibilities and Pitfalls

01/11/11

151816

1.0 CLE
1.0 ADR

41

An Arbitrator's Thoughts on Effective Advocacy in Arbitration

12/14/10

150750

1.0 CLE
1.0 ADR

76

A New Frontier in ADR – Blind Mediations How Less Information Might Promote More Self Determination"

11/09/10

149870

1.0 CLE
1.0 ADR

39

Truth and Tension in Divorce Mediation Practice

10/12/10

149051

1.0 CLE
1.0 ADR

51

Mass Torts/Disasters: Use of Special Masters and Alternative Methods of Resolution

09/14/10

147976

1.0 CLE

30

 

Annual Meeting and Election Results
The ADR Section held its Annual Meeting and Elections on Tuesday, May 10, 2011, at the Minnesota State Bar Association offices.  The meeting included an overview of the Section’s accomplishments, a CLE program (noted above) and 2011-12 officer and council member elections.  The following officers and council members were elected to serve on the ADR Section Council in 2011-12.

Officers:
Chair – Patrick R. Burns
Past Chair – Madge Thorsen
Secretary – Linda Mealey-Lohmann
Treasurer – Dan Simon

Council Members:
Elise Peterson, Community Vice-Chair
Louis Robards, Community Vice-Chair
Andrew Birkeland, Legislative Vice-Chair
Jeff Ansel, Legislative Vice-Chair
Dave Allgeyer, Publications Vice-Chair
Steve Schemenauer, Publications Vice-Chair
Marilyn McKnight, Family Vice-Chair
John Schulz, Family Vice-Chair
Greg Bistram, Commercial/Employment Vice-Chair
Roger Kramer, Commercial/Employment Vice-Chair

Other Section Accomplishments
The Section gave out $6000 in grants.

The Section took steps to protect its intellectual property interests with regard to the name ‘Select ADR’.

Submitted By:
Madge Thorsen, Section Chair


Minnesota State Bar Association
Annual Report for 2007 – 2008
Submitted by David Allgeyer, Section Chair

In the past year, the Alternative Dispute Resolution (“ADR”) Section has continued in its efforts to be a forum for ADR practitioners in Minnesota.  This has included:

Tenth Anniversary of the ADR Institute 
The Section celebrated the tenth anniversary of its ADR Institute, which has become the key educational event for ADR practitioners in Minnesota.  The Section took this opportunity to honor the distinguished service of valued contributors to the development and growth of ADR in Minnesota over the last decade. The following people were recognized:


Jim Coben

Rebecca Picard

Stephen Erickson & Marilyn McKnight

Ellen Abbott

Bill Funari

Jan Frankman

Mark McCrea

Gary Weissman

Bobbi McAdoo

Michael Landrum

Bylaws

This year the Section completed its revisions to its bylaws.  The bylaws, in addition to technical changes to recognize the growing role of technology in Section activities, provided a focus on three major types of ADR, Commercial, Family and Community.  A Vice Chair has been appointed for each area to assure that the interests of practitioners in all areas are taken into account in our programs and activities.  The membership has approved the revisions, which will be considered by the MSBA during its June meeting.

Grant Guidelines

The Section has traditionally held a significant balance in our treasury.  The Section has now enacted Grant Guidelines that provide the standards the Section will follow in considering requests for grants to promote ADR activities and in awarding such grants.

Website and Communications

The Section has continued to enhance its website and communications.  We continue to post all minutes and MP3s of continuing legal education programs on the site for later reference.   In addition, the Section has made significant progress toward bringing its Website into the 21st century with more modern graphics and search functions.  It is our goal to make the SelectADR™ feature of the site the premier source of information on ADR practitioners in Minnesota, providing profiles and searchable information for Section members who choose to participate.  This feature will also be linked through the FindLaw service of the MSBA when completed.  We expect to roll out this enhanced site early this fall.

In addition, the Section’s Listserve has become more active this year with recent legal and other developments in ADR being posted as well as educational opportunities.

ADR Ethics Board

The ADR Ethics Board is appointed by the Minnesota Supreme Court to promote and enforce the ethics of ADR Practitioners.  This year, the Section cooperated with the ADR Review Board to identify candidates from the Section who could serve on the Board and act as a representative of the Section to the Board.  The Supreme Court is expected to make the selection of the Section representative in the near future.

Programs

The Section continued in its mission of providing high quality education programs to its members, allowing them to earn CLE credit.  Be sure to visit http://www2.mnbar.org/sections/
Adr (or Google: msba adr Minnesota) and click “Past MP3s” for access to recordings of these great programs:

Treasury
The Section’s Treasury is sufficient with nearly $17,000.  Expenditures will be necessary in the near future with respect to updating our Website and likely with respect to our Grant Program.

Respectfully submitted,
                  misc
         David Allgeyer, Section Chair

ALTERNATIVE DISPUTE RESOLUTION SECTION
Annual Report for 2006-2007
Submitted by Linda F. Close


During the past year, the ADR Section has continued its efforts to reach more members and define itself as an organization for all practitioners of ADR.  These efforts paid off in a membership increase of nearly 10%from last year to this! 

Section Visibility/Accessibility

Visibility is important to our growth and relevance to members.  The Publications Committee this year established a list serve for our members.  This provides a quick way for members to learn of significant developments in case law, hobnob about problem issues and review pending legislation.  The Committee has also initiated an advertising campaign to attract more members and has worked with MSBA staff to refine our webpage.  The webpage is more attractive, contains more information, and is easier to navigate than in the past. 

The Mediation Committee of the Section has been working on a community outreach project that will advertise mediation as a way to solve problems in the community.  We have ordered materials from the Maryland statewide ADR organization that we will adapt to use in Minnesota.  The materials will also help advertise “selectadr,” the web-based MSBA source for finding neutrals.

Projects

Bylaws:  The Section embarked on discussions of our organization’s structure and how they promote, or do not, inclusiveness of ADR practitioners.  With a view to making the Section more responsive to the needs of our membership and potential membership, an ad hoc committee has drafted substantial revisions to our Bylaws. This draft will be presented to the membership in the fall.
Grant guidelines:  The Section has long held a substantial balance in its treasury.  An ad hoc committee has drafted guidelines that provide standards for the Section to award gifts to organizations or individuals who propose projects of special interest to the Section.  These guidelines will be presented to the membership in the fall.
Collaborative Law Rule:  The ADR Review Board sought our comments on a proposed rule about collaborative law.  An ad hoc committee of Section members drafted comments, presented them to the Section for its feedback and approval, and then submitted the comments to the ADR Review Board.  This effort stimulated thoughtful discussion about how we define ADR and where its limits may be.

Legislation
RUAA:  The Section sought approval of MSBA to support the Revised Uniform Arbitration Act, which many Section members have toiled over for several years.  Despite the absence of any written opposition to the RUAA, approval was withheld.  The Section will pursue leave to support the legislation as a Section.
UMA:  The Section continued its work on refining the Uniform Mediation Act.  The Section expects the legislation to be ready to present to MSBA next year.
Miscellaneous:  The Section monitored bills that affect ADR practice.  The list serve helped us communicate about these bills and obtain membership feedback about proposed legislation.

Programs

Providing membership with continuing education opportunities is important to our mission as a section.   To ensure maximum attendance, we provide conference call access to our lunch hour programs.  We also provide a podcast, accessible through our website, following the program.  During the year we presented the following programs for CLE credit:

Treasury
The ADR Section’s treasury has held at about $20,000-25,000 for several years.  The healthy treasury has prompted efforts in the areas of public education and, as discussed above, giving.  The Section continues to be one of the best “deals” practitioners enjoy:  we have maintained dues at $25.00 per year, and membership is free to law students.

In sum, the Section continues to be a vital organization with a bright future.  The members of our executive council for the coming year, like those of the past year, care about the present and future of ADR in Minnesota.  They have creative ideas about ADR and the energy to implement new programs to expand the use of ADR.

12 July 2007                                                    Respectfully submitted,

 

                                                                        Linda F. Close
                                                                        2006-07 ADR Section Chair  



ALTERNATIVE DISPUTE RESOLUTION SECTION
Annual Report for 2005-2006

Submitted by Jan Frankman, Chair

The Section had an active and productive year. We surveyed our membership in the Spring, 2005, for input with regard to preferred meeting day, time and location and interest in programs and business meetings. Executive Council meetings were held first Tuesdays of each month beginning in July, 2005. Section Meetings were held second Tuesdays each month beginning in September, 2005, from noon to 1:30 p.m. except the December and May meetings which were unique as noted below. Members were encouraged to attend the MSBA Convention in June in place of a monthly Section meeting. We had a full schedule of programs for which CLE/ADR credit was provided, and we addressed a variety of other issues and projects. We made great strides in improving communication with our members and in providing the community with better understanding who we are as a Section. We were well-represented at MSBA Assembly meetings and in the Association Legislative Committee. We helped plan another very successful Annual ADR Institute held in October, 2005, with Minnesota CLE. Further detail of our Section work is provided below.

Programs and Events

Communication and Section Visibility

The Section was featured in the November, 2005, issue of the newly created Section Chair Communique published by the MSBA and in an article in the April, 2006, Bench and Bar magazine. We also adopted an improved expanded description of the purpose and work of the Section for the Bench and Bar Directory published in January each year.

The Section website was improved to include more current information particularly with regard to legislative efforts and Section activities, and a Section Listserv was created to encourage on-line conversations among members.

The Section received several email "Alerts" reporting matters of interest, and "Notes from the Chair" was instituted in November, 2005, to provide current information of interest to members at each Section meeting. These efforts were instituted to reduce the need for meeting time at monthly meetings to devote as much time as possible to programs.

Uniform Laws

Sub-committees met regularly to review the Revised Uniform Arbitration Act ("RUAA") and the Minnesota Mediation Act, a version of the Uniform Mediation Act. Both Sub-committees continue to meet. The Section approved a version of the RUAA for Proposal for MSBA endorsement submitted to the MSBA Legislative Committee. Section Minutes as well as Memoranda to the Section membership posted at the Section website detail the work of the RUAA Sub-committee. Neither Minnesota version of the two uniform laws was introduced in the short 2006 Session of the Minnesota Legislature. It is expected that the RUAA will be introduced in 2007, with or without MSBA endorsement. The MMA/UMA sub-committee continues to work with Uniform commissioners to negotiate a form of the UMA for bill introduction in the legislature.

Other Projects and Issues

Additional matters which were addressed and are on-going include response to a proposal of the Collaborative Law Institute for adoption by the Supreme Court of Rule 114A; provision of support for Katrina Relief efforts in community mediation centers in the Gulf states; development of improved public education; adoption of a grant-making policy to address requests for financial support received from individuals and organizations; and by-laws revisions. One change in the Section by-laws was approved by the MSBA Assembly at its April, 2006, Meeting; the Section Annual meeting was moved to May from meeting at the State Bar Convention in June of each year.

Treasury

We have maintained a healthy treasury and have committed to plan for productive use of the approximate steady balance of $20,000. The funds are largely invested in Certificates of Deposit. The Section has committed to donate up to $2000. for Katrina Relief in the Gulf states as reported above under Projects and Issues. There has been no expenditure following Section approval; the most recent report concerning need in the community mediation centers is that future needs are expected arising from the disaster's impact on victim/clients of the centers.

Finally, our success this year has been due to the hard work of many members who served as officers and committee chairs and of many others in the ADR community who contributed to excellent programming. We continue to be supported by able support staff provided by the MSBA. We are grateful for the efforts of each of them.

An excellent cadre of officers and committee chairs has been elected and appointed to serve in 2006-2007. The future of the Section is very bright.

Dated: August 11, 2006

Janice K. Frankman
Section Chair for 2005-2006


MSBA ADR Section
2002-03 Annual Report

The Section was again a cosponsor of the Annual ADR Institute. Over 160 people attended the day-long Institute. In addition to the ADR Institute, the Section sponsored a CLE session at the MSBA Convention entitled "Preparing for an Effective Mediation: How to Maximize the Benefits & Avoid Pitfalls and Mistakes." During the year, the Section sponsored nine monthly brown bag CLE sessions, eight of which received both one credit of Continuing Legal Education and one ADR credit and one of which received one ADR credit. The sessions covered:

1. How to Prepare Your Client for Mediation;
2. The Rubber Hits the Road (a discussion intended to lead to a Section decision on a recommendation on the Uniform Mediation Act);
3. The Rubber Really Hits the Road (continued discussion by the Section on the Uniform Mediation Act and receipt of recommendations from a subcommittee appointed by the Section to develop amendments to the Act for consideration by the Section);
4. ADR Practice Management;
5. Point/Counterpoint - Two Views of the Current State of ADR in Minnesota;
6 The Mandatory Arbitration Clause;
7. Is There Hope for a Mediated Settlement of the Conflict between Israel and the Palestinians?;
8. Unconventional Remedies in ADR; and
9. Ethical Dilemmas for the ADR Practitioner.

The Section is very grateful to all of our presenters for their time and effort in making CLE presentations to the Section.

The Subcommittee on the Uniform Mediation Act spent considerable time under the direction of Legislative Chair Jim Coben studying and developing amendments to bring the Uniform Mediation Act more in line with Minnesota practice and custom. The Section concluded its work late in the year with two meetings in May. The Subcommittee plans to submit proposed amendments to the Reviser of Statutes for comment in preparation for presenting the proposed amendments to the Section in the fall of 2003.

In addition to work on the Uniform Mediation Act, the Arbitration committee under Chair Jan Frankman, renewed its examination of the revised Uniform Arbitration Act. It is anticipated that both the Uniform Mediation Act and the Revised Uniform Arbitration Act will come before the next session of the legislature for enactment. The work of the Section's two committees will be important in helping the MSBA to formulate a position with respect to each act.


Richard F. Rosow
2002-2003 Chair


MSBA ADR Section
1997-98 Annual Report

We submitted a letter to the State of Minnesota ADR Review Board commenting on its draft “Procedure Governing Complaints Against Neutrals and the Code of Ethics Governing Neutrals.” That procedure, in the section’s opinion, did not meet the objectives of encouraging appropriate complaints so that ADR consumers have confidence in the process, encouraging meaningful due process, and providing reasonable assurances that any sanctions would be fair and appropriate. We also suggested that mediation be offered as a means of resolving some complaints.

At our monthly meetings, we heard speakers on the following topics: (1) Minnesota’s Open Meeting Law and ADR; (2) Minnesota’s Rule 114 Ethics Code; (3) the National Conference of Commissioners of Uniform State Laws’ current review and revision of the Uniform Arbitration Act and development of a new Uniform Mediation Act; (4) the business and marketing of ADR services; (5) Deloitte & Touche’s annual surveys of corporate counsel’s use and opinion of ADR; (6) ADR public policy making and social science research; (7) ADR on the Internet; (8) neutral accountants -- CPAs as ADR neutrals; and (9) the use of ADR for intellectual property disputes. At the 1998 MSBA convention, we presented a “mini-convention” on effective representation in mediation.

With the resignation of our Publicity Committee Chair, we were unable to publish our newletter, CoMan DR News. But our chair kept the section posted on ADR developments, including two memoranda regarding such developments.

Next year the section will continue to hold monthly meetings to conduct business and hear speakers on topics of interest to the ADR community, monitor and comment on proposed rules and legislation, and resume publication of its newsletter.

--Duane W. Krohnke,
1997-98 Chair


MSBA ADR Section
1996-97 Annual Report

The Legislation Committee drafted, recommended, testified, and obtained legislative support and passage of an immunity statute for ADR neutrals. The statute provides immunity for a neutral's conduct in presiding over an ADR proceeding, except for injury caused by malice, bad faith, or reckless conduct. (Minn. Laws, ch. 29(1997)(to be codified as Minn. Stat. sec. 604A.305).)

The Ethics and Standards of Practice Committee submitted written comments and oral testimony to the Minnesota ADR Review Board and the Minnesota Supreme Court regarding the proposed Rule 114 Code of Ethics for neutrals in state court-annexed ADR proceedings under Rule 114 of the Minnesota General Rules of Practice for the District Courts. The committee also kept the section apprised of developments on this subject.

The section met every month, and its Education Committee presented speakers on these topics in addition to the code of ethics just mentioned: "civil war" in ADR; ADR in Ramsey County District Court; ADR in probate court; the history of the State of Minnesota Office of Dispute Resolution -- Bureau of Mediation Services; international mediation; and ADR (restorative justice) in criminal proceedings.

The Section's Publicity Committee continued publication of the section's newsletter, "CoManDr News."

Next year the section will continue to hold monthly meetings to conduct business and hear speakers on topics of interest to the ADR community; monitor and comment on proposed rules and legislation; and issue its newsletter.

Duane W. Krohnke,
Chairperson

- Last Updated 02/20/2014 -