Opinion 675
QUESTIONS PRESENTED May a Texas lawyer, acting as a mediator, prepare and provide the parties to the mediation a proposed written agreement that memorializes the terms of the parties’ agreement reached during the mediation? If so, may the lawyer-mediator propose terms for inclusion in the written agreement in addition to the specific terms agreed to […]
Where Do We Go Next?
by John DeGroote, Immediate Past Chair Why are we all here, anyway? That’s a question that’s good to ask ourselves every so often, and I believe it’s time for ADR professionals to assess where we are, and where we’re going. At this point we know that settlement isn’t the product of a last-minute chat on […]
Ethical Puzzler
by Suzanne M. Duvall Question: May a case worker for Family Court Services participate in and/or assist in the mediation of a case to which the case worker has been assigned? Would your answer be different if the case did not settle at mediation or before trial? John Zerpopoulus, Dallas I think that y’all are […]
It’s a Matter of Trust
Billy Joel sings It’s a Matter of Trust and doesn’t that apply to almost everything we do as mediators? Some attend advanced mediator trainings to find the latest magic tricks to break impasse. But without trust none of these tricks work; unless, of course, you attended the Harry Potter School of Mediation. Yet trainings, beginner […]
Colloquy with John DeGroote
From growing up on a horse farm near Pascagoula, Mississippi, to owning his own mediation and arbitration practice in the trendy area of Dallas known as Deep Ellum, John is a man who lets no grass grow beneath his feet. He just stepped down as the Chair of the ADR Section for the State Bar […]
Professionalism Committee Hard at Work To Expand Mentoring Opportunities and Speakers Database
By Kenda Culpepper The mission of the State Bar of Texas Professionalism Committee is to increase professionalism and improve the development of new lawyers. The committee was revitalized in 2012 by State Bar President Buck Files, and it has striven to accomplish its mission by tackling four key subjects: mentoring, promoting professionalism through CLE and […]
ETHICAL PUZZLER
by Suzanne Mann Duvall Mediation is in session. The mediator in is a caucus room with one side and has just presented a mediator’s proposal. Through the thin wall, the other side hears the mediator exclaim, “You hit me!” Both sides emerge into the adjoining hallway where it is revealed that the plaintiff hit the mediator […]
The Neurobiology of Conflict and Persuasion
by Michael Ellison At its most simple, conflict and persuasion are largely handled by two different, and unequal, partners in the human brain. Persuasion is most often the result of a logical presentation of information that appeals to the cerebral cortex, or thinking portion of the brain. Through their long training in law school and […]
Lessons From Hollywood:
Settlement in the Movies By Kay Elkins-Elliott Many movies feature successful resolution of conflict. What can we learn from these big-screen examples? Because the mediator is the team leader in settlement, we can use the movies to learn or improve techniques for: facilitating communication and negotiation, overcoming barriers to settlement, and specific behaviors that influence […]
State Bar ADR Courses
The ADR Section of the State Bar of Texas is pleased to invite you to these courses. Click on the links for more information. Handling Your First (or Next) Arbitration: Effective Use of Arbitration (live) Austin – Nov 3, 2017 MCLE Credit: 6 hrs (includes 3 hrs ethics) MCLE No: 928004951 More Info Register for Course Webcast So […]