Alternative Dispute Resolution Issue - Contra Costa County Bar ...

inside2009 BOARD of DIRECTORSLarry Cook PresidentRon Mullin President-ElectKathy Schofield SecretaryAudrey Gee TreasurerRobin Pearson Ex OfficioChristopher BowenOliver BrayMike BrewerJay ChafetzVirginia GeorgePeter HassLeigh JohnsonKristen Thall PetersRon RivesDana SantosStephen SteinbergCandice StoddardCCCBA EXECUTIVE DIRECTORLisa Reep: 925.288-2555 • lgreep@cccba.orgCCCBA main office: 925.686-6900 • www.cccba.orgJennifer ComagesMembership CoordinatorEmily DaySystems Administrator andFee Arbitration CoordinatorManny GutierrezAdministrative Assistantand Legal InterviewerEDITORCandice Stoddard925.942-5100ASSOCIATE EDITORNancy J. Young925.229-2929BENCH LIAISONHon. Mary Ann O'Malley925.646-4001BOARD LIAISONCandice Stoddard925.942-5100COURT LIAISONKiri Torre925.957-5607ADVERTISING/DESIGNYoung Design & Production925.229-2929PRINTINGExcel Graphics925.552-9998Contra Costa LawyerPHOTOGRAPHERMoya Fotografx510.847-8523Maria NavarreteLRIS CoordinatorBarbara TillsonModerate Means ProgramCoordinatorMichele VastaSection Liaison / Education& Programs CoordinatorEDITORIAL BOARDMark Ericsson925.930-6000Matthew P. GuichardLocal Civil Jury Verdicts925.459-8440Patricia Kelly925.258-9300Nicole Mills925.351-3171Craig Nevin925.930-6016David Pearson925.287-0051Erika Portillo925.459-8440Andy Ross925.296-6000Kathy Schofield925.253-7890Audrey Smith, JFK Liaison925.969-3561Harvey Sohnen925.258-9300Marlene Weinstein925.942-5100The Contra Costa Lawyer (ISSN 1063-4444) is publishedmonthly by the Contra Costa County Bar Association (CCCBA),704 Main Street, Martinez, CA 94553. Annual subscription of $25is included in the membership dues. Second-class postage paidat Martinez, CA. POSTMASTER: send address change to theContra Costa Lawyer, 704 Main Street, Martinez, CA 94553.The Lawyer welcomes and encourages articles and lettersfrom readers. Please send them to: Nancy J. Young, AssociateEditor, Contra Costa Lawyer, 821 Escobar Street #124, Martinez,CA 94553; or email to: youngdesign@att.net.The CCCBA reserves the right to edit articles and letterssent in for publication. All editorial material, including editorialcomment, appearing herein represents the views of the respectiveauthors and does not necessarily carry the endorsement ofthe CCCBA or the Board of Directors. Likewise, the publicationof any advertisement is not to be construed as an endorsementof the product or service offered unless it is specifically statedin the ad that there is such approval or endorsement.by Nicole MillsMassive budget cuts have affected everyone’s practice in a myriad of ways, not the leastof which is the closure of the court every third Wednesday. With the court closed oncea month, the already-crowded calendars are getting more and more backed up. Lastmonth’s Contra Costa Lawyer provided all of us with a glimpse of the harsh reality ofthose budget cuts, what that is like from the point of view of the courts and how hardthey are all working despite these limitations.In addition to the constraints on the court, both businesses and individuals are feelingthe pinch. Businesses are cutting back across the board, and that includes legal expenses.Fights over money and the stress caused by losing one’s job and/or home are causingproblems in families.ADR can provide an alternative to the courts, rendering more control to the parties (overthe process, the speed and the outcome) while at the same time easing the burden on ouralready overburdened court system. To that end, Tom Cain and The Congress of Neutralsprovide the Superior Court with volunteer mediators. Our Pro Bono Spotlight focuseson The Congress and the important work that Tom and his volunteers are doing.In this issue, we have tried to do two things: First, encourage practitioners to thinkoutside of the box when it comes to situations in which ADR is appropriate. We all knowthat mediation is helpful in the context of civil litigation, but it can also be helpful inavoiding litigation. Family law is a prime example of this, but it is an area many civillawyers know little about. Faith Jansen describes the use of ADR in the context offamily law and how it can be both similar and different than the practice of ADR in acivil case, while Arlene Segal focuses on the use of mediation for disputes involving elders,and why mediation can be a better, more productive strategy than litigation. We hopethat both articles encourage you to consider mediation in new and creative ways.Second, we focus on encouraging reflection on the process of mediation itself. Doingso can raise very sticky issues. It is important, however, to identify and consider theseissues, regardless of how you come out in the end. This is particularly true with regardto ethics, and Linda DeBene tiptoes through the ethical minefields that must be carefullyconsidered and negotiated in a mediation. Issues of gender roles of both the partiesand the mediator can also present challenges, and when people try to delve intothis subject, there can be a swinging match! We take no position, but Dave Miller stepsinto the ring. Read his piece and decide whether you agree, or are ready to swing back... with gloves on or off. Both of these articles highlight the importance of self-reflectionand awareness on the part of the mediator, and how doing so can make for a betterand more successful mediation experience all around. u— Nicole Mills is a mediator in Walnut Creek, specializing in elder and civil mediation.4 November 2009