The Mediator’s Duty of Confidentiality – When Does It Attach?

By Dauna Bartley

A recent social discussion with a few mediators raised an interesting question that comes up often. When you are contacted to mediate a case, at what point does your obligation to maintain confidentiality attach? Is it when the parties sign and file a designation of mediator? When they sign your mediation agreement? When everyone shows up on the day of the mediated settlement conference?

Answer: Confidentiality attaches immediately, the moment you are contacted in your capacity as a mediator. Read more

Mediation | Communication | Connection | Concerts

By Kate Deiter-Maradei

We all know that mediation relates to communication and building relationships with those around us. I have been working on a fun pandemic project with a great team of people. We have found a unique way to connect with people during these trying times. Tune in on Saturday by going to sunshinesongs.com. See details below:

SAVE THE DATE! Saturday, May 2, 6 p.m. EST!

Mediator Kate Deiter-Maradei and her friend Laura Benanti are proud to introduce the FREE #SunshineConcerts series, livestreamed to thousands of senior living communities, hundreds of children’s hospitals, and anyone interested! This event will be hosted live by Tony Award-winning singer and actor, Laura Benanti, featuring performances from our #sunshinesongs artists with live interviews with our beloved seniors and performers! . . . All information is now live on their website sunshinesongs.com. You can even print out your very own “Sunshinebill” and “ticket”! Feel free to share this information widely.

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From the Council – Section Committee Opportunities

By Sarah Kromer

Looking to become more involved in the NCBA Dispute Resolution Section? The following section committees are seeking contributors:

Communications/Website/Social Media Committee: Do you have special skills with social media, a communications degree you never got to use, or a secret interest in blogging? If so, the Communications Committee could use your help sharing ADR stories, cases, tips, and methods via short blog posts.  One or two anecdotal paragraphs (and a picture) go a long way. Please contact Ketan Soni (ketan@NClawattorneys.com) with your ideas and interest in getting involved.

CLE Committee:  Each year our section hosts a six-hour CLE conference and annual meeting. (We hope you will join us for our annual conference this year at Pinehurst on March 12, 2020!) Come April, we will be ready to begin the process of organizing CLE topics and speakers for our next annual meeting, and the CLE Committee could use your help. If you enjoy event planning or have ideas for themes, topics, and speakers, please contact Deb Dilman (ddilman@yourncattorney.com) to join the CLE Committee planning our 2021 event.

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Nominations – Dispute Resolution Section

By Ann Anderson

The Dispute Resolution Nominations Committee is seeking nominations for eight new Council Members for three year terms expiring 2023 and one Council Member to fill a position that has a term expiring 2022.  The Committee is also seeking nominations for a recipient of the 2020 Peace Award. If you would be willing to serve or would like to nominate a Section member please email Ann Anderson at annanderson681@hotmail.com no later than February 7, 2020.

Members of the Council generally serve three year terms and attend quarterly Section Council meetings. Council members must be members of the Section and should be willing to participate actively on one or more Section projects.

The Peace Award is given by the Section to one or more individuals who have made a special contribution or commitment to the peaceful resolution of disputes. Last year LeAnn Nease Brown was our Section Peace Award winner. For more information about the award and other past recipients see the following: https://ncbarblog.com/lets-recognize-the-peacemakers-among-us/

Nominations for the Council as well as the positions of Treasurer and Secretary will be submitted to the Section for a vote at the annual meeting in March.  The Section Peace Award recipient will be announced at that time as well.

Message from the Chair

By Bonnie Weyher

I am honored to serve as Chair of our Section for the 2019-2020 year.

Our other officers this year are Kate Deiter-Maradei, Vice President; Sarah Kromer, Secretary; and Jim Cooley, Treasurer.

Like other Sections, our work is largely done through committees.  I want to thank all those who have agreed to be chairs this year: Arbitration  (Catharine Arrowood/George Doyle); CLE (John Sarratt / Deborah Dillman); Clerk Mediation (Bill Wolcott/Nick Gordon); Collaborative Law (John Sarratt/Aida Doss Havel); Collaborative Family Law (Kerry Burleigh/Deborah Dilman); Communications/Website/Social Media (Ketan Soni); Ethics & Professionalism (Thomas Clare/Jim Cooley); Legislative & Rapid Response (Andy Little/Frank Laney); Membership (Arty Bolick); Nominations (Ann Anderson / Frank Laney); Observation Video (Ann Anderson/Jacqueline Clare); and Pro Bono (Rick Igou/Salim Uqdah).

We will keep you updated throughout the year on projects and initiatives of the Section.   In the meantime, please mark your calendars for our Annual Meeting and CLE/CME, which will be at Pinehurst on Thursday, March 12, 2020.  We will have a reception the evening before for those arriving on Wednesday.

Nominations Committee

By Ann Anderson

In December 2019 and January 2020, the Dispute Resolution Nominating Committee will be seeking nominations for 8 new Council Members and a recipient of the 2020 Peace Award. An email will be sent soliciting nominations. In the meantime please be thinking about whether you would be willing to serve or would like to nominate a Section member.

Members of the Council serve three-year terms and attend quarterly Section Council meetings. Council members must be members of the Section and should be willing to participate actively on one or more Section projects.

The Peace Award is given by the Section to one or more individuals who have made a special contribution or commitment to the peaceful resolution of disputes. Last year LeAnn Nease Brown was our Section Peace Award winner. For more information about the award and other past recipients see the following: https://ncbarblog.com/lets-recognize-the-peacemakers-among-us/ 

Collaborative Training In Asheville June 19-20

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The NCBA has offered six basic training courses in Collaborative Law Practice in the past, and is offering the next one June 19-20  in Asheville. Click here to view the brochure with all the details and to register.

Collaborative Practice Training
Wednesday-Thursday, June 19-20, 2019
Renaissance Asheville Hotel

This 14-hour training is for any lawyer who wishes to add the collaborative approach to their practice, whether they are family lawyers or other civil lawyers, including those practicing in the areas of construction, employment, small business, probate, as well as general litigation. Because collaborative law is practiced entirely out of court, it is not necessary to have training or experience as a litigator to become a collaborative lawyer.

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Spotlight on Salim Uqdah

DR Spotlight is a Q&A series that focuses on Dispute Resolution Section members.

Salim Uqdah is a paralegal-mediator and the owner and director of Mediation for Uroboros Mediations, LLC in Charlotte. His work includes handling domestic, civil, criminal, special proceedings, and estates cases.

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Hats, Bracketology and PSAP

By Nancy Norelli

The Dispute Resolution Section CLE and Annual Meeting, held in the midst of March Madness, was a big success. Donna Savage and her team put together an outstanding program. All the speakers presented interesting ideas and gave the attendees the value of their decades of conflict resolution experience.

You can still view the program and get CLE and CME Credits.  Video replays are set in Cary on May 31 and Concord on June 14.  Sign-up here.

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Dispute Resolution Commission Quarterly Meeting

The North Carolina Dispute Resolution Commission (NCDRC) held its quarterly meeting on March 1, 2019, at the Washington Duke Inn in Durham.  The meeting, led by the Commission’s chair, the Honorable William A. Webb, was extremely productive as well as informative.  Each of the NCDRC’s numerous committees reported on work completed this past quarter including, but not limited to, proposing a new draft version of Standard VII, approving courses for CME credit, and reviewing multiple applications for certification. The NCDRC also adopted a new policy regarding mediators responding to complaints, and is making plans to celebrate Conflict Resolution Week this coming October.  The NCDRC constantly strives to better the practice of mediation within our courts by providing certified mediators with the tools they need to succeed. For more information on the NCDRC and the actions taken by the Commission this past quarter, please visit our website at www.NCDRC.gov, and check out our News and Articles link located within the Mediator’s Toolbox.