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Joint ADR newsletter, Spring 2014

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Joint Alternative Dispute

Resolution Committee

This committee, comprising leaders of The Virginia Bar Association and
Virginia State Bar in equal measure, seeks to further alternative dispute resolution in its many forms as it develops in Virginia.

Front and Center


Brave New World for Mediation: Skills for Forging the Future 
Held during the ABA's Mediation Week in October 2013

The Art of Inquiry presenters Tracey Cairnie, Marshall YoderOverhead view of UR Moot Court during Brave New World for Mediation seminar October 2013







This seminar celebrated the 20-year history of the institutionalization of mediation in Virginia's courts and communities and explore future opportunities and challenges for the field. Presenters are keynote speaker Dwight Golann, acclaimed author and professor at Suffolk Law School in Boston, and Marshall Yoder, Tracey Cairnie, John Settle and Frank Morrison, who are leaders in Virginia's mediation universe. 

Seminar topics:
• Changing How We Deal with Disputes
• The Art of Inquiry
• Ethical Dimensions of Questioning in ADR

The presentations offered 4 hours of CLE credit (1 ethics).

This seminar was sponsored by the Joint Alternative Dispute Resolution Committee of the Virginia State Bar and The Virginia Bar Association, and the ABA Dispute Resolution Section.


Virginia Lawyer cover, October 2013Spotlight on ADR
A series of articles by members of the Joint ADR Committee are featured in in the October 2013 issue of Virginia Lawyer

Click the image or this line to go to the webpage for this issue of the magazine.


One page of the ADR timeline from spring 2013 VBA Journal article20th Anniversary of Mediation Referral Statutes
Article by Larry Hoover and Geetha Ravindra appears in spring 2013 issue of the VBA Journal

Click the image to go to the magazine. The article begins on page 26. 


Recent Newsletter


Check out the spring 2013 issue of Virginia ADR, featuring:

  • Baseball Arbitration: Not just for Baseball, by Jeffrey S. Stern, reprinted with permission from Virginia Lawyers Weekly
  • Mediation Safety after Arizona Shooting, by Peter Vieth, reprinted with permission from Virginia Lawyers Weekly
  • Mediation for the Next Generation, by Jared Mangum, Jeff Einhaus and Tim Archer
  • Amendment to Confidentiality Statute, by Sally P. Campbell
  • A Message from the Chair
  • And much more!

 Popular CLEs

Powerful Non-Defensive Communication
Presenter: Sharon Strand Ellison
Saturday, March 2, 2013
The Jepson Alumni Center at the University of Richmond


In this training program, mediators gained a deeper understanding about how traditional methods of communication -- built on the "rules of war" -- have an impact on a mediation process despite best efforts to remain neutral. The physiology and dynamics of defensiveness were examined as they relate to the mediation process. Participants learned to identify pitfalls in communication practices, such as active listening and "I messages."

This program was co-sponsored by the Joint ADR Committee and Virginia Mediation Network.



Making Peace at Home for Our Veterans
Skills to Enhance Serving Veterans in Family Law and Other Civil Disputes

At The Virginia Bar Association Annual Meeting
January 26, 2013, in Williamsburg

This program for lawyers and ADR neutrals addressed the needs of returning veterans, how those needs may reveal themselves in certain legal disputes, and how ADR might be of service to resolve them. It included a profile of a growing number of veterans suffering from post-traumatic stress disorder and traumatic brain injury, and how the symptoms of these disorders are often hidden and subsequently arise in family and other legal disputes.

Among the speakers: Kimberly P. Fauss, J.D.; Michael C. Miller, J.D.; Merri L. Hanson, M.A.; and Letitia Y. Flores, Ph.D.

This Joint Committee program was co-sponsored with the VBA Domestic Relations Section and the VBA Veterans Issues Task Force.

Approved for 1.5 MCLE Credit hours.

The VBA videotaped this presentation. Once the tape version receives MCLE approval, it will be posted on the VBA Online CLE catalog

  Luncheon and Panel Discussion

In honor of ABA Mediation Week

October 19, 2012
University of Richmond School of Law

Panel presentation featured John McCammon, Judge Marc Jacobson, and Merri Hanson

The speakers discussed the growth of mediation in Virginia, its various applications, and future trends. Read more...

Co-sponsoring organizations were the Joint Alternative Dispute Resolution Committee, the Virginia Mediation Network, the Central Virginia Mediation Network, the Virginia Association for Community Conflict Resolution, and the University of Richmond ADR Society.

The purpose of Mediation Week is to promote mediation and related forms of collaborative non-adversarial problem-solving and to educate parties, lawyers, and the general public about these processes. In 2012, the focus of Mediation Week events was on the topic of "Mediation in the Mainstream: From the Courthouse to the Conference Room."

Keeping Your Case Out of Court, and Being Nice About It:
Advanced Resolution Skills for the Civil Family Law Practitioner

A collaborative presentation of the Domestic Relations Section of The Virginia Bar Association, the Joint Alternative Dispute Resolution Committee,
the Family Law Section of the Virginia State Bar, and Virginia CLE

September 6 and 21, 2012

With so much at stake in family law cases, alternative dispute resolution means should be preferred, not just considered.

This seminar challenged family law practitioners to explore means other than litigation to resolve clients’ cases. A skilled family law practitioner must have all of these means at his or her disposal.

In what has become a less civil society, lawyers are not immune from bad behavior. As a profession, lawyers should hold themselves to a higher standard, with the Rules of Professional Conduct being only the minimum threshold. Civility starts and ends with each lawyer, and each should do his or her part to encourage civility in all aspects of the practice of family law.

2011 ABA Mediation Week 

On October 26, 2011, the Joint ADR Committee hosted a reception in recognition of National Mediation Month and the American Bar Association’s Mediation Week, featuring Lisa Hicks-Thomas and E. Franklin Dukes. Ms. Hicks-Thomas is the Secretary of Administration for the Commonwealth of Virginia, and she discussed the use of ADR by state agencies and the work of the Virginia ADR Council. Mr. Dukes is executive director of the Institute for Environmental Negotiation at the University of Virginia. This event was hosted by the Virginia ADR Joint Committee, the University of Richmond School of Law’s ADR Society, the Virginia Mediation Network, and the Virginia Association for Community Conflict Resolution.

                                              Lisa Hicks-Thomas, Virginia's secretary of administrationE. Franklin Dukes, executive director of the Institute for Environmental Negotiation at U.Va.

Spahn and McCammon: Together Again.
The Ethics of Negotiating in Mediation

In September 2011, two interactive CLE programs brought together John McCammon of The McCammon Group, an acknowledged leader in the field of dispute resolution, and Tom Spahn of McGuireWoods, a frequent speaker and author on legal ethics. Their focus was the lawyer's challenge to negotiate both ethically and effectively in mediation, what lawyers can reasonably ask and expect of mediators, and what lines mediators should not cross. These CLE programs were presented in Richmond and Fairfax.

Tom Spahn at Richmond presentation of "Spahn & McCammon. Together Again."John McCammon at Richmond session of "Spahn & McCammon. Together Again."





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-- Hon. Rosemarie Annunziata, Chair 2012-14 




"My involvement with the Joint Committee has been thoroughly satisfying. It's been a wonderful opportunity to get together with other practitioners, to learn about new developments in the field and to work with a wonderful group of dedicated professionals on important ADR initiatives."

— Sam Jackson, chair of Joint ADR Committee 2010-12, member since 2001



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