Bar News - March 9, 2001
Courts Salute Rule 170 Mediators
ADR Program in 9th year
CONTENDING THAT formal recognition was long overdue, Supreme Court Chief Justice David A. Brock and Superior Court Chief Justice Walter L. Murphy praised the efforts of hundreds of attorneys who have devoted thousands of days in unpaid service as mediators in the Rule 170 Alternative Dispute Resolution program.
The court system hosted a reception at the Marriott Grappone Conference Center on Feb. 23, 2001, for volunteers who have helped resolve more than 60 percent of the 12,000 cases referred to the program since its inception in 1992. Last year alone, 290 attorneys devoted 841 days to serving as mediators, neutral evaluators or arbitrators in civil cases in Hillsborough, Rockingham, Merrimack and Sullivan counties (where the program is mandatory for litigants), and in six other counties where court-sponsored ADR is optional.
Brock said that in addition to easing backlogs of cases and shortening the time to trial for those cases that are not amenable to mediation, helping litigants resolving disputes through agreement rather than trial has the beneficial effect of providing parties with "the sense and satisfaction that they—not a judge in a black robe or a high-priced expert—determine the outcome of their cases," said Brock. "That sense of empowerment—which you as mediators and arbitrators enable by bringing the parties together early on—is crucial in this day and age, when so many assume that justice is denied unless you have a full-blown trial."
Murphy and Brock said the success of the Rule 170 program has depended on two things: the contributions of the many attorney volunteers and the persistence and dedication of program coordinator and "chief nag" Peter Wolfe.
"Unfortunately, contributions of the Bar such as this continue to go unnoticed by the general public and the media which it claims to represent," Murphy said. "We are taking this occasion to not only express our heartfelt appreciation for the sacrifices you have made in this effort, but to play the spotlight on this effort."
Murphy singled out the original 12 members of the committee who designed the Rule 170 program in 1991: Wolfe; then–Superior Court Associate Justice Linda S. Dalianis; Rep. Donnalee Lozeau; the director for UNH’s Consensus and Negotiation program, Jim Varn; Karen Godzyk, deputy clerk of the Hillsborough Superior Court-North; and attorneys Thomas Barry (then counsel to the Administrative Office of the Courts), Debra Ford, Jonathan Frizzell, Fred Desmarais, David Inman, William Mulvey and Ed Thornton.
Brock quoted his Supreme Court colleague, Justice Dalianis, in her praise of Wolfe’s role as an advocate and driver of the program. "She was characteristically straightforward in her words of praise for Peter—she called him a nag, a nudge and the very reason that ADR functions."
"Peter insists on having meetings, floating ideas and pushing for change. He won’t leave people alone," added Brock. "He, and all the others who got ADR underway years ago, exemplify the grassroots effort that got ADR going and keeps it going," said Brock.
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