Bar News - February 9, 2001
Alternative Dispute Resolution Section Formed
By: Peter Y. Wolfe
Initial Meeting on March 2
THE NEW HAMPSHIRE Bar Association has established an Alternative Dispute Resolution Section, which will be of particular value to those attorneys who serve as mediators. The section is open to all NHBA members. An organizational meeting of the ADR Section will be held at the Bar Center on March 2, 2001, at 3 p.m.
Joining the ADR Section is an ideal way for NH practitioners to learn more about current developments in the ADR field. Such developments include recent state court decisions that have overruled state confidentiality statutes, the Uniform Mediation Act being prepared for individual state ratification, and the surfacing of mediator malpractice suits. Much has changed in the ADR field since NH adopted Rule 170, and the new section will hopefully serve as a forum to discuss where the field is going.
In addition to discussing the latest information pertaining to ADR, members of the new section will also be able to voice their opinions on the creation of new ADR programs. Currently, Rule 170 is undergoing a revision to improve its functionality, the probate court is in the process of developing a probate mediation rule and a marital mediation rule is in the early developmental stages. The ADR Section will serve as a forum to address these changes.
By participating in the ADR Section, members can also discuss with their peers matters related to mediation practice in NH. More and more attorneys are developing a private mediation practice. This trend has raised ethical issues relative to multidisciplinary practices and questions about conflict of interest and confidentiality. Section members could look at how the proposed ethical guidelines for attorneys serving as third party neutrals, developed by the Georgetown Ethics Committee, would impact these issues.
The new ADR Section will also serve as a vehicle to exchange ideas on how to improve a mediation practice, and the practice of mediation overall. Members would have the opportunity to learn from each other and from others practicing across New England.
For more information about the ADR Section, contact the NHBA's Section Coordinator, Deborah A. Cyr, at 224-6942 or via e-mail at dcyr@nhbar.org.
Peter Y. Wolfe is clerk of Sullivan County Superior Court.
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