Zoom Update Offers a New Feature

By Ketan P. Soni

If you do any type of Zoom meetings with multiple people on a regular basis, go do an update right now. Why? There is a new feature that allows you to move the video tiles in whatever configuration you want.

This doesn’t seem groundbreaking, but it is. To improve your Zoom meetings, you can now move the video tile of the person you’re speaking to right below your video camera. If you do this, it will appear as if you are talking directly to the person, instead of looking “to the side.”

I’ve done countless Zoom meetings since March, and one of the major irritants is if someone is looking “down,” or “to the left,” or “to the right” in a meeting. The other person isn’t doing that on purpose, but they are talking to a video tile in an inconvenient place!

Try this and report back on how it goes. Zoom away, folks!

Mediation: Supreme Court Amendments, Mitchell Case

By Ketan P. Soni

The Supreme Court has amended three rule sets affecting mediation in North Carolina as of November 23, 2020, which you can review by clicking here. Briefly:

1) Superior Court rules regarding excusing attendance have been modified;

2) Family Financial mediation rules regarding who must attend, the ability to hold remote mediations, and excusing attendance have been modified;

3) Clerk Mediation rules regarding excusing attendance have been modified.

Finally, there has been much ado about the recently published case Mitchell v. Boswell. Click here if you’ve been out of the loop.

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Superior Court Observation – Via Video!

By Ketan Soni 

If you really want to skip everything I’m going to say below and get to the trailer, click here! The password is “mediation.”

Think back to the days that you had to connect with another mediator to get your observations done to become certified as a Superior Court Mediator by the DRC. For attorney mediators, there were two observations. For non-attorney mediators, there were five observations. If you don’t recall how difficult that was, I have the distinct memory of sending no less than 15 emails over the course of 18 months to every single mediator in the Charlotte region, to no avail. Finally, thanks to Judge Richard Boner and the esteemed Ray Owens, I became Superior Court Certified 1.5 years after I had actually taken the class.

Through the ongoing efforts of the NCBA Dispute Resolution Section over the past few years and in the spirit of compromise and working together with the Dispute Resolution Commission, a number of Section members volunteered their time and effort to create a video that qualifies as an Observation for Superior Court purposes! See link above for the trailer.

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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 ([email protected]) 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 ([email protected]) 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 [email protected] 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://ncbarblogprod.wpengine.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://ncbarblogprod.wpengine.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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