Jim Cooley here. Vice chairs, like vice presidents, don’t have much productive to do, so I thought I would give you a quick report on the Council’s December 1, 2021, meeting, and the upcoming events in March and May 2022.
Mark your calendar for the section’s CLE on March 18 featuring Ken Feinberg (not to be missed) (kudos to Steve Dunn, John Ong, Colleen Byers and especially Deb Dilman for the planning). Details will be coming soon from the NCBA. As of now [Omicron must be obeyed], the Council plans to meet live as well as via Zoom at the Bar Center at 3 p.m. on March 17. If you are in the area, join Council members at 5:30 for a social hour at nearby Okja K-Pub & Restaurant in Cary. You can then attend the CLE the next day. Please note the in-person policy when you receive the invitations.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2022-02-01 11:26:282022-02-01 13:51:04What's Going On in the Dispute Resolution Section
It is a privilege to serve as your Section Chair for 2021-2022, particularly with our team of officers this year: Vice-Chair Jim Cooley, Secretary Jim Oden, and Treasurer Denise Cline. Many thanks go to Kate Deiter-Maradei, our Section Chair last year, who worked very hard for all of us. I also want to thank all those who are generously sharing their time and talents with us by serving on our section’s Council, chairing a committee, working on our Nominations Committee, or serving as a section liaison this year.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2021-12-02 10:11:322021-12-02 11:27:20Happy Fall from the Chair!
The North Carolina Dispute Resolution Commission would like to share with the members of the NCBA Dispute Resolution Section amendments the Supreme Court of North Carolina made to the MSC Rules, FFS Rules, Clerk Rules, DRC Rules, and Standards of Professional Conduct. These amendments became effective on Oct. 1, 2021.
The MSC and Clerk Rules were amended to allow a designee to sign a finalized agreement on behalf of a party to the mediation. The party is responsible for providing written proof that the designee has written authority to sign any agreement made on behalf of the party. (MSC Rules 4(c)(4), Rule 10(c)(6) and Rule 10(c)(9)(b), Rule 15(c) and Clerk Rule 4(b)(1).)
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2021-10-18 16:41:472021-10-18 16:59:50Dispute Resolution Commission: Amendments to the Rule
What is an ombudsman? I’m not sure it matters, although Roy Baroff might disagree. What really matters is that Roy happens to be one, and he’s one of the foundation stones of dispute resolution in North Carolina. Roy is our “Peace Award” recipient in 2021, the 20th year of this prestigious acknowledgment.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2021-03-11 16:08:152021-03-11 16:14:39Spotlight on Roy Baroff: He’s Just Getting Started (The Peace Award)
The NCBA Dispute Resolution Section will host a 6-hour CLE on March 11 and 12. The title of the program is “Who Are You? Pleased to Meet Me – What You Know About Yourself and Others, Consciously or Unconsciously,” and will include discussions of the psychology of dispute resolution, unconscious bias, and technology in mediation and arbitration. The 6 hours of credit include 1 credit each for ethics/professional responsibility, substance abuse/mental health, technology training, and continuing mediator education. The Section Council extends its thanks to the planners of this event: Deborah L. Dilman, Steve Dunn, John W. Ong, and Danae C. Woodward.
Also, the Dispute Resolution Section Council recognizes that the current economic situation may be placing financial strain on its members. Therefore, the Council has approved four scholarships to cover the costs of this CLE program. The deadline to complete the application, which can be found at this link, is March 8, 2021.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2021-03-04 10:31:362021-03-04 10:31:36Join Us for Continuing Education on March 11 and 12
The Dispute Resolution Commission would like to welcome four new members to the DRC! Zachary Bolen, Ketan Soni, Jayne Zanglein, and Lisa Johnson-Tonkins have all joined the Dispute Resolution Commission for a three-year term beginning Oct. 1, 2020.
On Nov. 17, 2020, the Supreme Court amended the MSC, FFS and Clerk Program Rules to allow the parties and the mediator to excuse a party from attendance. This provision was inadvertently deleted when the Supreme Court flipped the attendance presumption in June of 2020. The amended rules went into effect Nov. 23, 2020. Please see the Supreme Court’s website for all DRC rule sets.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2020-12-17 11:03:372020-12-17 11:26:11News Straight from the Dispute Resolution Commission
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!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2020-12-10 12:06:172020-12-10 12:06:17Zoom Update Offers a New Feature
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.
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.
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
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2020-09-14 14:42:572020-09-14 14:42:57The Mediator's Duty of Confidentiality – When Does It Attach?