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 Graphics925.552-9998<strong>Contra</strong> <strong>Costa</strong> LawyerPHOTOGRAPHERMoya Fotografx510.847-8523Maria NavarreteLRIS Coordinator<strong>Bar</strong>bara 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 <strong>Contra</strong> <strong>Costa</strong> Lawyer (ISSN 1063-4444) is publishedmonthly by the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> 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 the<strong>Contra</strong> <strong>Costa</strong> Lawyer, 704 Main Street, Martinez, CA 94553.The Lawyer welcomes and encourages articles and lettersfrom readers. Please send them to: Nancy J. Young, AssociateEditor, <strong>Contra</strong> <strong>Costa</strong> 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 <strong>Contra</strong> <strong>Costa</strong> 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. <strong>Issue</strong>s 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
Coming in December:Online RenewalCCCBA needs your continued membership support!Every year your membership dollars provide numerous programs and services to help you andyour practice, and to help the larger community to navigate and understand our legal system. Sowe’d like to remind you that it’s that time of the year again. Renew now to avoid any lapse inyour membership benefits.2010 CCCBA Membership Online Renewal DriveThere are lots of changes coming next year. Our website will launch this January with a streamlineddesign, new resources and tools, and completely new material for both our attorneymembers and our community. And better yet, we’ve signed up to use InTouchOnDemand, an onlinesoftware tool that creates increased efficiencies for attorney membership tasks and activities.During the renewal period beginning in December, CCCBA members can access their personalaccounts, review and update contact information, make new membership selections — and payeasily through our online payment system. And going green by offering online tools and resourcesis a win-win for everybody.Expect a Renewal Letter in Email SoonYou will receive an email in the next couple of weeks reminding you that it’s time to renew. Then,look for “Renew” online on our current home page. You’ll click on through to InTouchOnDemand’ssite for CCCBA. It takes just a couple of minutes to: review your information in “My Account;”make any changes; join any sections or LRIS panels; make a payment with your credit card . . .and you’re done.Stay tuned. And thanks again for your membership support!ADR Section Announces New Mentoring ProgramThe ADR Section is committed to ensuring that <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> continues to provide the high-quality mediators forwhich it has become known. Therefore, the ADR Section announces that it is creating a new Mediation Mentoring Program.The program will pair new mediators with experienced mediators to allow new mediators to gain valuable experience andinsight into the mediation process and to give experienced mediators the chance to share their wealth of knowledge. If youare interested in learning more about the program, either as a new mediator seeking help or an experienced mediator whowould like to act as a mentor, please contact Nicole Mills at nicolemillsesq@yahoo.com.<strong>Contra</strong> <strong>Costa</strong> Lawyer 5
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