~ COLORADO BAR ASSOCIATION ~ DISPUTE RESOLUTION SECTION

CONFERENCE HIGHLIGHTS:
I Mediation and Dispute Resolution experts representing a broad spectrum of views and practices. I KEYNOTE PRESENTATION - The Emotionally Intelligent Mediator I Superior presentations covering practices in Workplace, Family, Civil/Commercial, Restorative Justice, Community, and Elder settings, and workshops covering Advanced Skills and Special Topics. Keynote presentation by Stewart Levine, author, attorney and creative problem solver.

DISCOUNTS FOR EARLY REGISTRATION!

See registration form inside for details

LIVE ONLY: FRIDAY, NOVEMBER 4, 2011

At the Renaissance Denver Hotel 3801 Quebec Street Denver, CO 80207

Submitted for 8 General Credits, Including 3 Ethics* Credits

*You must attend the sessions that include an ethics component in order to claim ethics credits

Register for this conference online at www.cobar.org/cle

Colorado Statewide ADR Conference Rocks the Rockies

5TH ANNUAL

olorado continues to Rock the Rockies with progress and innovative methods in Alternative Dispute Resolution. Colorado's 5th Annual Statewide ADR Conference will explore the unique perspectives that individuals and groups bring to the practice of dispute resolution. Presenters will encourage reflection on the impact of emotional intelligence and neuroscience on the practitioner. Workshops will offer insight on interacting with special populations including same-sex partners, deaf or hard of hearing clients, victims of crimes and persons with diminished capacities. Come to the conference to challenge your current thinking, to expand and improve your skills and practice, and collaborate with your remarkable colleagues as we continue to evolve the dynamic field of Dispute Resolution.

Meet our Keynote Speaker: Stewart Levine

Stewart Levine is a creative problem solver.
He is widely recognized for creating agreement and empowerment in the most challenging circumstances. He improves productivity while saving the enormous cost of conflict. His innovative work with "Agreements for Results' and his "Resolutionary" conversational models are unique. As a practicing lawyer he realized that fighting was a very ineffective way of resolving problems. As a marketing executive for AT&T he saw that the reason collaborations fall apart is that people do not spend the time at the beginning of new working relationships to create clarity about what they want to accomplish together, and how they will get there. This is true for employment relationships, teams, joint ventures and all members of any virtual team. As a result of his observations he designed conversational models that create "Agreements for Results," and a quick return to productivity when those working relationships break down. He uses his approach to form teams and joint ventures in a variety of situations. He works with individuals, couples, partners, small and large organizations of all kinds. His models for problem solving, collaboration and conflict resolution were endorsed by the house judiciary committee. He has worked for American Express; Chevron; ConAgra; DC Government; EDS; General Motors; Honda; Kaiser; NASA; Oracle; Safeco; University of San Francisco; U.S. Depts. of Agriculture and the Navy. His book Getting to Resolution: Turning Conflict into Collaboration (Berrett- Koehler 1998) was an Executive Book Club Selection; Featured by Executive Book Summaries; named one of the 30 Best Business Books of 1998; and called "a marvelous book" by Dr. Stephen Covey. It has been translated into Russian, Hebrew and Portuguese. "The Book of Agreement" (Berrett- Koehler 2003) has been endorsed by many thought leaders. It has been hailed as "more practical" than the classic "Getting to Yes" and named one of the best books of 2003 by CEO Refresher. Stewart is an instructor for the American Management Association and IBI Global. He has delivered programs for Career Track; Fred Pryor Seminars; Esalen Institute; HR.com; and the American Bar Association. "The Cycle of Resolution" has just been selected for inclusion in the Second Edition of "The Change Handbook."

FOUNDING PARTNERS

The Mediation Association of Colorado Colorado Judicial Department Office of

Dispute Resolution Colorado Bar Association Dispute Resolution Section

Conference support and administration provided by CBA-CLE

NOVEMBER 4, 2011
At the Renaissance Denver Hotel
3801 Quebec Street Denver, CO 80207 Phone: 303-800-1314

LIVE ONLY:

E. 40th Ave.
E. 39th Ave.

Parking at the Renaissance Hotel is complimentary.

CONFERENCE CHAIRS PLANNING COMMITTEE MEMBERS FACULTY CONFERENCE CHAIRS: Holly Panetta, JD
Project Manager Office of Dispute Resolution State Court Administrator's Office Denver, CO

FACULTY: Robin N. Amadei, Esq.

Attorney at Law Lafayette, CO

Myra Warren Isenhart, Ph.D

University of Denver Denver, CO

Martha L. Ridgway, Esq.

Hamilton, Faatz and Walker, P.C. Louisville, CO

Barbara S. Bosley
Family Court Facilitator Denver Juvenile Court Denver, CO

Ken Jaray, Esq.

Attorney/Mediator Executive Director The Restorative Mediation Project Colorado Springs, CO

Robin Rossenfeld, JD, MBA

R3 Mediation, LLC Denver, CO

Lisa Hughes, M.A., LPC, LPCC, CACII, CAADR

Executive Director CBA/DBA Court Mediation Services Colorado Bar Association Dispute Resolution Section Denver, CO

Ronnie Rosenbaum, MS
Principal/Mediator Rosenbaum Associates Golden, CO

Vivian Burgos
Respondent Parent Counsel/GAL Denver, CO

Jessica Kudlock
Caseworker Denver Department of Human Services Denver, CO

Sandra L. Rouse
Colorado Springs, CO

Senior Judge Herbert Galchinsky

The Mediation Association of Colorado Denver, CO

Nan Waller Burnett, MA

Dispute Resolution Professional, Inc. Golden, CO

Stewart Levine
Resolution Works Oakland, CA

John Rymers, M.A., LPC

ELDEResolutions Centennial, CO

Christine A. Coates, JD
Dispute Resolution Professional, Inc. Boulder, CO

Katherine J. MacKenzie, Esq.

Assistant City Attorney Denver Department of Human Services Denver, CO

PLANNING COMMITTEE: Kathleen Boland

County Court Magistrate Denver CO

Honorable Donna Schmalberger

Denver Juvenile Court Denver, CO

Miles E. Davies, Esq.

Lakewood, CO

Barbara Shindell, LCSW, LLC

Centennial, CO

Susan G. Demidovich, Esq.

Office of Dispute Resolution Denver, CO

Susan G. Demidovich, Esq.

Office of Dispute Resolution Denver, CO

Judy Mares-Dixon, M.A.

Mares-Dixon & Associates Boulder, CO

Michael Spangle, Ph.D.

Regis University School of Professional Studies Chair, Master of Arts Program Denver, CO

Lucia Lamprey, Esq.

Attorney-Mediator Chair, CBA-DR Section Denver, CO

Patricia Donahue, JD
PJD Mediation LLC Golden, CO

Joseph P. McMahon, Jr., JD, PE

Joseph P. McMahon Jr., LLC Denver, CO

O. Russel Murray, Esq.

ADR Source Denver, CO

Elizabeth D. Merritts, MA Peggy A. Evans

Peggy A. Evans, LLC Highlands Ranch, CO Graduate Student, Regis University Englewood, CO

Benjamin Stetler, JD
Collaborative Lawyer & Mediator Stetler Family Law and Mediation, LLC Denver, CO

Robin Rossenfeld, JD, MBA

R3 Mediation, LLC Denver, CO

Kathryn E. Miller, Esq.

Littleton Alternative Dispute Resolution, Ltd. Littleton, CO

Richard (Dick) Fullerton

Constructive Options Denver, CO

Kristine Turner, PhD

Psychologist & Mediator New Beginnings Castle Rock, CO

Mike Shea, Esq.

The Law Office of Michael L. Shea, LLC Centennial, CO

Terri Harrington, Esq.

Harrington Brewster & Clein PC Denver, CO

O. Russel Murray, Esq.

ADR Source Denver, CO

Donald A. Wills, JD
Gunnison Valley Alliance for Community Resource Justice Gunnison, CO

Jean Stracy, MA
Decision Resources Denver, CO

Collie E. Norman, Esq.

Denver, CO

Donald A. Wills, Esq.

Gunnison Valley Alliance for Community Resource Justice Gunnison, CO

Lisa D. Hughes, M.A., LPC, LPCC, CACII, CAADR

LDH Conflict Resolution Specialists, LLC Littleton, CO

Debbie Reinberg, MAcc

ELDEResolutions Denver, CO

Marty Wisott
Rocky Mountain Business Valuation Denver, CO

The 5th Annual Colorado Statewide ADR Conference is Submitted for 8 General CLE Credits, Including 3 Ethics* Credits
*You must attend the sessions that include an ethics component in order to claim ethics credits

CONFERENCE AGENDA - FRIDAY, NOVEMBER 4, 2011 7:30 - 8:00 am Registration & Continental Breakfast 7:55 - 8:00 am Welcome 8:00 - 9:15 am KEYNOTE PRESENTATION: The Emotionally Intelligent Mediator Presented by Stewart Levine 9:15 - 9:30 am Break & Networking 9:30 - 10:45 am BREAKOUT SESSIONS: Session I (Please choose 1 of 4 to attend) 1. Mediating Child Abuse Cases Denver Juvenile Court has been conducting D&N mediations for 10+ years. Efforts are being made to launch D&N mediation programs statewide. This workshop will illustrate benefits to: the court, attorneys, families. Similar to one given before, but will provide updates and prepare participants to begin this type of mediation program elsewhere. At the conclusion of this segment, participants should be able to: 1. Encourage other Colorado jurisdictions to consider mediation in dependency & neglect cases; 2. Encourage mediators to develop the skills necessary to conduct multi-party mediations; 3. Provide information on the benefits of mediation in D&N cases to the children, families, professionals, and courts. Faculty: Barbara Bosley, Vivian Burgos, Christine Coates, JD, Jessica Kudlock, Katherine MacKenzie, Esq., and Honorable Donna Schmalberger 2. Same-Sex Separations: Understanding the Legal Challenges and Emotional Needs Whether or not Senate Bill 172 is approved to allow civil unions, the reality is that same-sex couples reside in Colorado. Family courts embrace mediation for different-sex relationships, therefore the mediation community must work to meet the needs of same-sex partners and understand the challenges the LGBTQ community faces when dissolving their relationships. At the conclusion of this segment, participants should: 1. Understand the challenges facing same-sex couples in mediation 2. Have a clearer understanding of what emotional challenges same-sex partners experience in a separation 3. Have a clearer understanding for how the Colorado mediation community can serve this underserved population Faculty: Elizabeth Merritts, M.A. 3. Restorative Mediation: A Collaborative Process for Resolving Personal Injury and Medical Error Claims This program will discuss the growing need to develop and implement a collaborative process for resolving personal injury and medical error claims. The program will present clear and concise information about how and when a restorative mediation process can be used as an alternative to adversarial litigation in appropriate situations. At the conclusion of this segment, participants should be able to: 1. Understand why the current adversarial litigation system can be bad for participants health. 2. Understand how restorative practices have been used successfully in other areas including medical error claims. 3. Understand what situations may be appropriate for the use of restorative mediation in personal injury and medical error claims. 4. Understand how a restorative mediation process may be implemented. 5. Know about the importance of screening and preparation for potential participants. 6. Briefly discuss and understand the process for creating social and system changes which would encourage a more collaborative process in the resolution of personal injury and medial error claims. Faculty: Ken Jaray, Esq. 4. The Master Practitioner- You Can Change Your Brain: Neurobiology, Conflict, and Human Dynamics This pair of presenters will provide a fascinating, interactive discussion of interpersonal neurobiology and how it informs the work that practitioners do in dispute resolution. They will explore the current research and work in molecular neurobiology with specific implication for attachment in adults and how this operates in conflict. They will present and discuss current research on second order brain processes and how the practitioner can study them to further enhance their own awareness at the table. The focus will then shift to discuss the findings of the research, and applications in social neuroscience in the field. While the research may sound heady, the presenters are committed to providing practical take-aways for practitioners in every aspect of our field. Faculty: Nan Waller Burnett, M.A., and Michael Spangle, Ph.D 10:45 - 11:00 am Break & Networking

CONFERENCE AGENDA - FRIDAY, NOVEMBER 4, 2011 continued 11:00 - 12:15 pm BREAKOUT SESSIONS: Session II (Please choose 1 of 4 to attend) 1. Disputes Involving Persons with Diminished Capacity: The Mediators Role Mediators face special challenges when working with persons with diminished capacity. This workshop will address some of these challenges, including giving voice to the person, understanding the role of professional fiduciaries, and recognizing hidden agendas and conflicts of interest. Relevant terms, common issues and basic mediation knowledge will be discussed. At the conclusion of this segment, participants should be able to: 1. Know about the different types of fiduciaries and their roles 2. Know about case dynamics involving people with diminished capacity 3. Understand practical tips for assessing and mediating these cases Faculty: Kathryn E. Miller, Esq., Debbie Reinberg, MAcc, Martha L. Ridgway, Esq., and John Rymers, M.A., LPC 2. Ethical Situations in Mediation Mediators face and grapple with ethical issues at any moment in mediations. A panel will explore several different hypothetical mediation situations in an interactive session to stimulate thinking about how to deal with those situations. At the conclusion of this segment, participants should be able to: 1. Have a better understanding about some possible ethical issues that may arise during mediation. 2. Gain greater familiarity with the Model Standards of Conduct for Mediators, including application of the Standards in various scenarios. 3. Feel more comfortable about how to deal with the ethical situations in those scenarios Faculty: Miles Davies, Esq., Judy Mares-Dixon, M.A., Patricia Donahue, JD, and Collie Norman, Esq. Moderators: Susan Demidovich, Esq., and Dick Fullerton 3. Advocates Love It, Critics Dismiss It, Whats the Real Truth Behind Collaborative Practice. Whether youre starting a career in collaborative practice or you are considering making the paradigm shift, let experienced collaborative professionals take you behind the scenes for a presentation that will provide a dynamic look into the Collaborative Model. Join us for a sneak-peak into why this Model results in so many satisfied clients. Faculty: Ronnie Rosenbaum, MS, Benjamin Stetler, JD, and Kristine Turner, Ph.D 4. How Do We Increase the Parties/ Clients Role in the ADR Processes? Lets increase the role of parties/clients in ADR processes. These processes are supposed to be alternative so lets make them more alternative. Unlike court where parties are told to raise your right hand and take the following oath ADR can provide a real engagement for the parties/clients. HYPOTHESIS: ADR will provide greater benefits and be more satisfying to parties if the parties are given a larger role in the process? PROCESS: Lets discuss whether we support this concept and if so, how we would accomplish this. Faculty: Joseph P. McMahon, Jr., JD, PE 12:15 - 1:30 pm Lunch / Announcements / Networking (Please indicate on the registration form if you plan to have lunch) 1:30 - 2:45 pm BREAKOUT SESSIONS: Session III (Please choose 1 of 4 to attend) 1. A Hybrid Model for Alternative Dispute Resolution in Family Conflicts Therapeutic Mediation is a hybrid model that combines short term, solution focused intervention and mediation to assist families in conflict come to sustainable solutions. There are times when families in conflict have impasses that limit their ability to come to the table able to mediate most effectively. Therapeutic mediation draws from two theoretical concepts: 1. Impasse driven mediation 2. Enduring Conflict This workshop will provide the participants with theoretical concepts, case material, and interactive experiences to add to their skill base as mediators. Faculty: Barbara Shindell, LCSW, LLC 2. The Role of Forgiveness in Mediation Forgiveness is an important boundary between agreements that merely manage a conflict and those that result in lasting changes in relationships. Religious literature covers forgiveness, but relatively little has been written on the topic relative to conflict resolution processes. This workshop will consider the willingness (or lack thereof) of those in conflict to extend forgiveness to those who have harmed them and asked for forgiveness. The role of mediators in enhancing such willingness will be covered. We will explore what is known about willingness to forgive in terms of the following variables:
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1.5 Ethics Credits

CONFERENCE AGENDA - FRIDAY, NOVEMBER 4, 2011 continued

continued...

2. demographics such as age and sex, the nature and degree of harm experienced, personal orientation to forgiveness such as religious or cultural values and early family experience, the context of the relationship (intimate, workplace or other) and the communication channel (electronic, in person, through a 3rd party) by which forgiveness is requested. Mediators who understand the relative importance of these variables are better able to create a climate in which forgiveness is encouraged and a successful outcome achieved. Faculty: Myra Warren Isenhart, Ph.D., Michael Spangle, Ph.D. 3. Restorative Mediation Conferencing in Victim-Offender DOC Cases When serious crime happens in Colorado, convicted offenders spend time in DOC facilities then are released on parole. Under current law, however, victims and their families are limited on their opportunities to confront the offenders. Pending legislation would permit Victim Offender conferencing by trained restorative practice professionals. This situation would also be an opportunity to utilize a modified conference such as Restorative Mediation conferencing. Faculty: Don Wills, Esq. 4. Coaching Conflict: A Powerful ADR Tool Conflict Coaching is a powerful ADR tool that can be used on its own, or in the context of mediation or other ADR process. In this workshop, we will define conflict coaching, identify a conflict coaching process, participate in a conflict coaching demonstration, and discuss becoming a conflict coach. Faculty: Robin Amadei, Esq.

2:45 - 3:00 pm Break & Networking 3:00 - 4:15 pm BREAKOUT SESSIONS: Session IV (Please choose 1 of 4 to attend)
1.5 Ethics Credits

1. Mediation & Negotiation Ethics The program will discuss ethics in mediation and negotiation, including the responsibilities of both counsel and neutrals. Ethical considerations are broader than the usual topics of disclosures by neutrals and confidentiality and include obligations to be fair and truthful, the problem of zealous advocacy, keeping the client informed, and competency. Faculty: O. Russel Murray, Esq. 2. Mediating Disputes with Deaf or Hard of Hearing Parties Does having a sign language interpreter in the room throw off the balance of power? What do you do with the silence? How do you work the placement of the parties? All these questions and more will be explored in this succinct presentation given by a nationally certified sign language interpreter/experienced mediator. Faculty: Sandra Rouse 3. Cant We All Get Along? A Comparison and Contrast of Facilitative Mediation, Restorative Justice Mediation, and Collaborative Law There are many forms of alternative dispute resolution, each with its own view of the nature of conflict, the role of the mediator/facilitator, counsel and parties, the outcome sought by the process, and the controlling ethical rules. This panel will discuss how the facilitative/transformative mediation models, restorative justice/restorative mediation model, and collaborative law view these issues. We will also discuss how practitioners in all these areas can better work together to advance the use of all ADR modalities. Faculty: Peggy A. Evans, Terri Harrington, Esq., Lisa D. Hughes, M.A., LPC, LPCC, CACII, CAADR, and Robin Rossenfeld, JD, MBA 4. Dispute Resolution Boards (DRBs): Gaining Support in the Construction Industry Dispute Resolution Boards have proven highly effective in preventing or resolving disputes in the construction industry, perhaps more than any other non-binding alternative, yet their use has been concentrated in specific project types and limited regions. Dispute professionals will benefit from exploring the principles leading to success, and the profession will benefit from broader dissemination of this expanding method. At the conclusion of this segment, participants should be able to: 1. Understand the essentials of Dispute Resolution Boards 2. Discuss the characteristics common to other dispute forms 3. Understand entry points into DRB practice 4. Be aware of the opportunities for expanding the reach of DRBs Faculty: Richard (Dick) Fullerton

4:25 - 5:05 pm PLENARY SESSION: Revolutionary Thinking Faculty: Stewart Levine 5:05 pm Reception

5TH ANNUAL COLORADO STATEWIDE ADR CONFERENCE

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TUITION ASSISTANCE IS AVAILABLE! To apply for a scholarship, contact Cassandra Netzke at cassandra@netzkewishart.com CONTRIBUTIONS TO THE SCHOLARSHIP FUND ARE WELCOME! Conference fees reflect the organizers desire to make the Conference accessible to all of Colorados ADR practitioners, including volunteers, students, and practitioners in rural Colorado, recognizing their contributions by keeping cases out of court and helping individuals and communities.

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(303) 399-7500.

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LIVE ONLY: NOVEMBER 4, 2011

At the Renaissance Denver Hotel
1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

Nonprofit Org. U.S. Postage Pa id Permit No. 1638 Denver, CO

The Mediation Association of Colorado Colorado Judicial Department Office of Dispute Resolution Colorado Bar Association Dispute Resolution Section Colorado Bar Association CLE

DISCOUNTS FOR EARLY REGISTRATION!

Register for this conference online at www.cobar.org/cle

The Mediation Association of Colorado Colorado Judicial Department Office of Dispute Resolution Colorado Bar Association Dispute Resolution Section Colorado Bar Association CLE

LIVE ONLY IN DENVER: NOVEMBER 4, 2011

At the Renaissance Denver Hotel 3801 Quebec Street Denver, CO 80207 Register for this conference online at www.cobar.org/cle