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Volume 2 - 2008

The centerpiece of this second edition on the American Journal of Mediation features an important study recently done by the ABA Dispute Resolution Section’s “Task Force on Improving the Quality of Mediation”. The Task Force, Co-Chaired by ACCTM Fellow Wayne Thorpe of Atlanta, Georgia, visited major sites in the US and Canada to interview and survey civil trial mediation practitioners and users in order to discover the most valued traits and techniques of mediation professionals. While the substantive results of their search may not be particularly surprising to many of us, the depth and consistency of the responses they received are bound to impress even the most seasoned civil trial mediator. As one might expect, “Preparation”, “Analytical Input”, “Custom Designing the Process” and “Persistence” clearly emerge as the principal traits lawyers and dispute resolution professionals seek in selecting their mediators. The specific examples listed demonstrating how all that translates into actual practice, however, makes this study a “must read” for any civil trial mediator seeking to enhance his or her skills.

ABA - Section of Dispute Resolution
 Task Force On Improving The Quality of Mediation Final Report -
Copyright 2007 by The Amerian Bar Association.  Reprinted with permission.

The following articles submitted by College Fellows** were selected for publication:

Mediation:  The Dance And The Deal
Author:  Stephen C. Sawicki, Distinguished Founding Fellow, Orlando, FL
 Mediation The Dance and The Deal

Navigating Relationships:  The Invisible Barriers To Resolution
Author:  Bennett G. Picker, Fellow, Philadelphia, PA
 Navigating Relationships: The Invisible Barriers To Resolution
The Mediator's Role In The Family Business
Authors:  A. Michelle Jernigan, Fellow, Orlando, FL
              Richard B. Lord, Maitland, FL
 The Mediator's Role in the Family Business

Richard Lord received his JD degree from University of Florida and was admitted to The Florida Bar in 1990.  He engaged in an active litigation practice until 1999 when he joined the mediation firm of Upchurch Watson White & Max and began his mediation career.  Mr. Lord is certified as a Florida Circuit Civil Mediator, a Florida Fifth District Court of Appeal mediator and a Florida Middle District, Federal District Court mediator. He is also a Registered Alabama mediator and a Tennessee Rule 31 mediator.  Mr. Lord has mediated extensively throughout Florida, specializing in family business disputes, professional negligence, products liability, personal injury and insurance cases.  He is a shareholder of Upchurch Watson White & Max and is Co-Director of its Family Business Practice Group.  Mr. Lord serves on the American Bar Association Section of Dispute Resolution Mediation Committee and is a panel member of the National Arbitration Forum.

Ethical Conundrums For the 21st Century Lawyer/Mediator
Authors:  Melvin A. Rubin, Fellow, Coral Gables, FL
              Brian F. Spector, Esq., Miami, FL
 Ethical Conundrums For the 21st Century Lawyer

Brian F. Spector, a lawyer since 1978, presently concentrates on alternative dispute resolution, principally mediation. He is a member of the Supreme Court of Florida’s Commission on Professionalism and Committee on Standard Jury Instructions — Contract and Business Cases.  He is a member of the American Law Institute and has served as an adjunct professor of law teaching a variety of courses, including professional responsibility.   While actively engaged in the practice of law, he was certified for 10 years by The Florida Bar in business litigation, having served on the inaugural Business Litigation Certification Committee.

The following articles submitted by Law Students were selected for publication:

School of Law
Student Author:  ANDREW SMITH
 Night and Day

Andrew Smith is in his third year at the University of Miami obtaining his joint JD/MBA degree.  His focus in the law school is business related courses and his concentration in the MBA program is management science. He attended the University of Virginia where he completed his undergraduate education with a Bachelor of Science degree in Systems Engineering.  Andrew is native of Miami and intends to remain there after graduation.

Law Center
Student Author:  JONATHAN KOOKER
 Amish Forgiveness - A Lesson For The Rest Of Us

Jonathan Kooker is a third year law student at Georgetown University Law Center in Washington, D.C.  He also received a Bachelor’s degree in German in May 2000 from Goshen College, Goshen, IN.  Prior to attending law school, he worked in private-sector immigration law firms, which specialized in employment-based permanent residence and asylum proceedings.   He currently is a member of Georgetown’s Federal Legislation Clinic and anticipates receiving his J.D. in May 2008.

Law Center
Student Author:  STEPHANIE CHI
 The Role of Mediation in Trademark Disputes

Stephanie Chi is a third year law student at the University of Houston Law Center, and she received her Bachelor of Science in Engineering at Duke University.  She will graduate in May 2008 and begin practicing intellectual property law at Fletcher Yoder, P.C. in Houston, Texas. 

**Each Fellow of the College maintains an individual profile which can be located within the Member Directory for the American College of Civil Trial Mediators at:  www.Acctm.Org

There are currently no additional copies of the 2nd Edition available for distribution. 


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