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2015 KBA Alternative Dispute Resolution CLE
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Approved for 6.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas and Missouri. Approved for 6.0 hours of CME credit.

11/20/2015
When: Friday, November 20, 2015
Registration - 8:30 a.m. Session - 9:00 - 3:15 (lunch included in registration fee)
Where: Kansas Law Center
1200 SW Harrison St.
Topeka, Kansas 
Contact: Dawn Phoenix
785-861-8811


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On line registration for this event is now closed.  However, space is still available.  To register, please call 785-234-5696 between 8:00 a.m. & 5:00 p.m.  Electronic program materials can be emailed to you at no cost.  A limited number of paper materials will be available for purchase at the program for $30. Please let the KBA representative know your preference. 
 
Approved for 6.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas and Missouri.
Approved for 6.0 hours of CME credit.

Course Schedule

 
8:30 a.m. • Registration & Continental Breakfast

9:00 a.m. • Advancing Technology & ADR
• The Transformation of Mediation Communication & Services
Terrie R. McCants, College of Human Ecology, Kansas State University, Manhattan, Kan.
• High Tech in ADR
Trip Shawver, N. Trip Shawver, Attorney at Law, Wichita
• New Technologies For Use in ADR Cases
Larry N. Zimmerman, Zimmerman & Zimmerman P.A., Topeka
 
Panelists will present and discuss new technological advances and new ADR programs that are using that technology to reach more and varied clients. Societal and lifestyle changes have provided incentives for practitioners to try new approaches that will better meet client needs. Face to face service delivery is no longer a necessity and even a solo practitioner can provide services to clients in multiple locations around the state and across the country. This panel of experts will explore some of those new processes that are expanding service delivery and clientele.

10:15 a.m. • Break

10:30 a.m. • Mediation Advocacy
Henry R. Cox, Attorney At Law, Shawnee
Terelle A. Mock, Fisher Patterson Sayler & Smith LLP, Topeka
Jerry R. Palmer, Palmer Leatherman White & Dalton LLP, Topeka
Kathy Perkins, Kathy Perkins LLC, Lawrence
Ronald P. Pope, Ralston Pope & Diehl LLC, Topeka
 
Mediators & Litigators will offer observations & practical ideas for maximizing settlement results and otherwise making the most of mediation.

11:45 a.m. • Lunch (provided)

12:30 p.m. • Arbitration 101: The Basics for Advocates and Neutrals
John R. Phillips, Husch Blackwell LLP, KCMO
 
This session will be an overview of the legal underpinnings of arbitrations including the authority, enforcement and limitations on appeals. The pros and cons of final and binding arbitration as well as the basics of initiating an arbitration, options re service providers and rules will be discussed. I will also review how to effectively prepare the dispute for hearing, conducting a hearing absent the formality of federal or state rules. I will offer practical tips for having an efficient, cost effective hearing and talk about what opportunities exist for entry into the field of being an arbitrator.

1:20 p.m. • Are You an Ethical Attorney Negotiator? A Live Exercise Based on the American Pickers Show!
Shawn Leisinger, Washburn University School of Law, Topeka
 
This CLE session will blend an initial live negotiation exercise with discussion and application of ethical issues and related rules arising out of that exercise. The initial exercise is based on the negotiation style and examples found on the "American Pickers” show and seeks to get participants to evaluate their personal negotiation style and how that affected the outcome of the "negotiation” session as compared to other participants. Participants will be paired off for the first half of the session to negotiate and then a series of questions and related discussion will take the participants through the applicable legal ethical rules. Participants will be challenged to contemplate whether they feel they complied or may need to adjust their style and negotiation tactics.

2:10 p.m. • Break

2:25 p.m. • Family Law Arbitration - An Idea Who’s Time Has Come
Prof. Linda D. Elrod, Washburn University School of Law, Topeka
Commercial arbitration has deep roots. Although some have argued for arbitration in family law cases, it has been opposed in many states because of the unique nature of family law cases. In 2013, the Uniform Law Commission established a drafting committee to write a Family Law Arbitration Act. This section will discuss the current draft of the Act and the obstacles to using arbitration in family law cases.

3:15 p.m. • Adjourned
 

Course Presenters

Aline Cole Barrett, J.D., M.A., is an approved Kansas attorney/mediator in Civil/Core, Parent/Adolescent, and Domestic Mediation, is certified in Elder and Workplace Mediation, and is a trained Parent Coordinator and Case Manager. She has a broad spectrum of experience in family law, social services, and mental health, including domestic violence, sexual assault, and child/adolescent development and behavior. She earned a B.S. in Occupational Therapy from Tufts University; an M.A. in Leadership/Human Administration from Bradley University; and a Juris Doctorate from Gonzaga University School of Law. She is in private mediation practice with Kansas Mediation Concepts and also provides domestic mediation services with the Douglas County and Riley/Geary Counties domestic mediation programs. She has substantial experience working with high conflict families, including parents, young children, adolescents, and grandparents, and will be teaching a domestic mediation course at Washburn University School of Law this fall.

Terrie R. McCants is the program coordinator for the certificates in conflict resolution and the co-coordinator for the Conflict Analysis and Trauma Studies minor at Kansas State University. As part of those programs she also facilitates two study abroad courses: one on Peace and Conflict in Northern Ireland, and the other on Sustainable Peace in Post-Apartheid South Africa.

Besides teaching, Terrie works as a mediator at the School of Family Studies and Human Services' Family Center and is the mediation coordinator for Kansas State University. She is also the program director for Riley/Geary Counties Domestic Mediation Services, a community program devoted to providing quality, affordable mediation services for families and co-mediation mentorship for K-State students. She holds a master's degree in conflict analysis and resolution and is a state-approved mediator, mentor mediator and mediation trainer. She has advanced training in workplace, public policy, divorce and child-custody, and parent/adolescent mediation. McCants's recent work has been in the area of conflict coaching.

In addition, McCants is a facilitation associate with K-State's Institute for Civic Discourse and Democracy. In that capacity, she facilitates various strategic/comprehensive plans and departmental/organizational leadership retreats for local, state and regional entities, and is one of the trainers for their annual Public Issues Facilitation Workshop.

McCants is the recipient of Kansas State University's Presidential Award for Excellence in Teaching (2011), the University Professional and Continuing Education Association's Award for Excellence in Teaching (2011), the College of Human Ecology's Myers-Alford Teaching Award for Outstanding Graduate and Undergraduate Teaching (2010), and the Dean Barbara S. Stowe Endowed Faculty Development Fund Award (2013). She serves on the board of directors for the Heartland Mediators' Association and the Kansas State Supreme Court Advisory Council on Dispute Resolution and is a contributing member of the Ron Moffat Seminars devoted to bringing peace-building and conflict management to international study abroad programs for the purpose of developing a civil global society.

N. Trip Shawver graduated from Kansas State University in 1967 and Washburn Law School in 1969. He is past president of the Kansas Bar Association’s Family Law Section, past chair of the Legislative Committee, past chair of the Military Law Section of the KBA. He is a retired JAG (4 years active; 24 Reserve). He was a justice on the Kansas Military Court of Appeals and recognized as an expert in military matters involving divorce in four judicial districts. He has presented seminars regarding the military member and divorce for the American, Kansas and Sedgwick County bar associations and others. He is a Past President of Heartland Mediators Association and Past President of the Mediation Center of Wichita. He assisted in setting up the Court rules for mediation in the Family Law and Probate departments. He is certified as a trainer in Core, Domestic, Civil and Parent adolescent mediation. He has been mediating and arbitrating since 1985.

Larry Zimmerman earned his B.S.E. at Emporia State University in 1991 and his J.D. from Washburn in 2000. He is currently a partner at Zimmerman & Zimmerman P.A. and implemented electronic filing at the firm and the state in 1997 and case file imaging in 1999. His experience in legal technology issues have led him back to Washburn where he is an adjunct professor teaching Law Practice Technology. He has been a speaker on legal technology issues at national and state seminars since 1997 and is a member of the Kansas Collection Attorneys Association, American, Kansas and Topeka bar associations.

Henry Cox has been a labor/employment, and civil rights litigator for over 30 years and a solo practitioner since 2002. A significant part of his practice involves serving as a mediator, arbitrator and hearing officer. Henry was Staff VP/ Senior Labor Attorney for TWA, and a partner in major law firms representing large and mid-sized companies, as well as individuals. He is a frequent lecturer and writer for CLE and management education programs both regionally and nationally providing over 2,500 hours of CLE. Henry co-developed the first 40-hour civil mediation-training program in the region and has provided more than 1,000 hours of mediation and arbitration training to attorneys, judges and business professionals. He is past Chair of the Alternative Dispute Resolution Committees for both Kansas City Metropolitan Bar Association and the Kansas Bar Association and serves on the KBA Attorneys Fees Dispute Committee. Henry earned his B.A. degree from Baylor University and J.D. degree from Washburn University School of Law where he was admitted into the Order of Barristers, and was Moot Court Council President. He is only one of sixteen attorneys continuously selected to "Best of the Bar" by the Kansas City Business Journal since 2002, and he's been selected as a Super Lawyer in Kansas and Missouri by Law & Politics Publications. Henry was an adjunct professor for over ten years teaching master’s courses in law, business ethics, labor law and conflict management. He is a former committee member of the American Bar Association's Law of Collective Bargaining Committee and a contributing author of "Discipline and Discharge in Arbitration" ABA/BNA (1998). In 2015, Henry was also appointed to the Kansas Civil Service Board.

Terelle Mock is a Partner at Fisher, Patterson, Sayler and Smith, L.L.P. in Topeka. Terelle has specialized in the defense of cities, counties and school boards in Kansas and Missouri from constitutional, civil rights and other claims arising out of the employment relationship. She routinely litigates cases involving allegations of race, sex, age, disability and religious discrimination, retaliation and harassment along with other constitutional claims of freedom of speech and religion, deprivation of due process and denial of equal protection. She has represented clients in defense of Fair Labor Standards Act, Family Medical Leave Act, common law retaliation and wrongful termination. She also represents counties in jail litigation as well as common claims of premises liability and vehicular accidents.

Terelle received her undergraduate degree from Kansas State University and graduated from the University Of Kansas School Of Law in December 2003. After passing the bar, Terelle started as an associate with FPSS in March 2004. Terelle makes her home in rural Lawrence with her husband Tim and daughter Ashley. She enjoys reading, baking and working in the lawn and garden at their home. Terelle made the Super Lawyer’s Rising Star list for this year (for what it’s worth) but cannot publish or announce until October 12, 2015.

Jerry Palmer is a full time mediator who has completed over 1,800 mediations. He is certified by the Kansas Supreme Court in core and civil mediation. He has been admitted to Fellowship in the International Academy of Mediators and also the American College of Civil Trial Mediators. He mediates contract, tort, construction, and virtually every other kind of civil case in the Kansas City Metropolitan area and North East Kansas. He has a substantial history of litigation, jury trials and State and Federal appeals. He is also a Fellow the The American College of Trial Lawyers and the International Academy of Trial Lawyers and has been certified as a Civil Trial Advocate By the National Board of Trial Advocacy since 1980 and recertified 6 times.

Kathy Perkins founded her firm in Lawrence, Kansas in 2008 after 25 years of litigating employment and commercial disputes, most recently with Constangy, Brooks & Smith in Kansas City. Kathy is a graduate of Harvard Law School and has a Civil Engineering degree from Kansas State University. She mediates for the Missouri Commission on Human Rights, private clients and is on the Kansas Agricultural Mediation Services and Missouri and Kansas federal court panels. Her focus is on resolving workplace conflict - in addition to mediating, she provides proactive employer counseling and training, and directs internal workplace investigations. Kathy is the President of the Kansas Bar Association Alternative Dispute Resolution Section and has served on the Boards of the Heartland Mediators Association, Jayhawk Chapter of the Society for Human Resources and Willow Domestic Violence Center. She is a member of the Jayhawk Breakfast Rotary Club in Lawrence.

Ron Pope attended Emporia State University and graduated in 1980 with a B.S. He then attended Washburn University School of Law and graduated in 1983. He is admitted in Kansas and Nebraska and is a member of the US District Courts of Kansas, Nebraska and Michigan. His practice areas include general trial work, personal injury, products liability and medical malpractice. Mr. Pope has tried well in excess of 100 cases to a verdict in 13 states. He has recovered over 40 million dollars for clients in his corner. Ron is also an Adjunct Professor at the Washburn University School of Law. He has taught Pre-Trial Techniques, Trial Techniques and Litigation Strategies. He is the former Vice President of Education, KTLA, Chairman of Medical Malpractice & Products Liability Committee, a current Member At Large of the KTLA, Treasurer of the KTLA, Consultant for the Peoples Law School for ATLA, a current member of the American Board of Trial Advocates and the Million Dollar Forum for Attorneys with Million Dollar Verdicts. He is also a former President of the American Board of Trial Advocates.

John Phillips has been a managing partner of Husch Blackwell LLP, a Midwest law firm with which he has practiced in the areas of alternative dispute resolution, labor and employment, commercial litigation and healthcare for over 40 years. He is a Fellow in the American College of Trial Lawyers, College of Commercial Arbitrators, and College of Labor and Employment Lawyers, as well as a Distinguished Fellow of the International Academy of Mediators, and has been chair of the Missouri Bar Committee on Alternative Dispute Resolution, a member of the Missouri Supreme Court Committee on Alternative Dispute Resolution, has served as Special Master for the United States District Court for the Western District of Missouri in Klein et al. v. Kansas City of Missouri Firefighters (sexual harassment class action), and for the District of Kansas in Williams v. Sprint (age collective action). He is a member of the Large Complex Litigation Panel; Commercial Panel; and the Employment Arbitration and Mediation Panels of the American Arbitration Association, CPR, and the US/China Mediation Panel of CPR/CCIPT, and has been an arbitrator in the Merrill Lynch class action and the Dalkon Shield cases. He currently is Immediate Past Chair of the ABA Dispute Resolution Section. He was a member of the United States District Court for the Western District of Missouri Federal Advisory Committee that drafted and implemented the innovative court annexed Early Assessment Program in 1992, is a member of the Missouri Supreme Court's Commission on Alternative Dispute Resolution, and has been a frequent speaker on numerous ADR training programs, was co-author and director of the ABA video "Mediation Madness” and the ABA Advanced Arbitration Training Institute video "Advanced Arbitration: 20/20.” Additionally, he has been on the faculty of both the ABA Dispute Resolution Arbitration Institute and the Mediation Institute. He has been in Best Lawyers in America since 1994 and Chambers USA since 2003.

Shawn S. Leisinger, J.D., currently serves as the Executive Director of the Centers for Excellence at Washburn University School of Law. He also coaches the American Bar Association Client Counseling and Negotiation competition teams, teaches the Interviewing and Counseling course in an adjunct capacity, and serves as the Director of the Externship Program.

Prior to coming on board at Washburn Law full time in 2010, he served as an adjunct coach and professor at Washburn for seven years and he has well over a decade of experience as a governmental lawyer for state and local governmental entities. He has served as assistant general counsel with the Oil and Gas Conservation Division of the Kansas Corporation Commission and as Assistant Shawnee County Counselor.

He holds a B.A. in Psychology and Sociology from Wichita State University (1993) and a J.D. from Washburn University School of Law (1999). He is actively engaged in non-profit work and community service. He regularly teaches a course on the legal issues of non-profit board management for those interested in serving on non-profit boards in partnership with Washburn and the regional United Way organization. He also serves on the CLE committee of the Kansas Bar Association and provides pro bono legal work for the Helping Hands Humane Society. He currently serves as the Chairman of the Topeka Civic Theater and Academy Board as well.

Prof. Linda D. Elrod is the Richard S. Righter Distinguished Professor of Law and Director of the Washburn University Law School Children and Family Law Center. She currently serves on Council for the American Bar Association (ABA) Family Law Section and on the U.S. Secretary of State Legal Adviser’s Advisory Committee on Private International Law (ACPIL) (since 2009, reappointed 2014). In 2011 she was a Fulbright Senior Specialist to the Dublin Institute of Technology Law Department. In 2015 she was awarded the A. Roy Myers Award for Excellence in Research.

She has been Editor-in-Chief of the ABA Family Law Quarterly since1992. She is past chair of the ABA Family Law Section (2000-01); was co-chair of the ABA Child Custody Pro Bono Advisory Board from 2001-2008; and served on the Steering Committee on the Unmet Legal Needs of Children. For the Uniform Law Commission, she was the Reporter for the Uniform Child Abduction Prevention Act (UCAPA) (now in 14 states); was on the Joint Editorial Board on Family Law from 1998-2014; and is currently the Reporter for a new Family Law Arbitration Act. In 2007 she was an official observer for the International Society of Family Law to the Hague Conference on Private International Law which was drafting the Hague Convention on the International Enforcement of Child Support and Other Forms of Family Maintenance. She founded the Family Law Section of the Kansas Bar Association in 1984 and served as its Chair. She has served on the Kansas Supreme Court Child Support Advisory Committee since its inception in 1987.

She is the author of a national child custody treatise, CHILD CUSTODY, PRACTICE PROCEDURE (THOMSON REUTERS REV. ED. 2014); a two volume Kansas family law treatise, KANSAS FAMILY LAW (1999, Rev. Ed. 2014); and co-author of a nationally used family law textbook -FAMILY LAW: CASES, COMMENTS AND QUESTIONS (7TH ed. 2013) (Harry Krause (Illinois) and Tom Oldham (Houston). She has written dozens of articles and has spoken at international, national, and regional programs. Her entire career has been devoted to improving the system to make it better for children, especially in high conflict cases.

Linda served as Chair of the Committee which drafted the ABA Standards for Lawyers Who Represent Children in Abuse and Neglect Cases and on the committee which drafted the Custody Standards. In 2000 she coordinated an international, interdisciplinary think tank on "High Conflict Custody Cases – Reforming the System for Children.” She was a keynote speaker at the 5th World Congress on Children and Families in Halifax, Nova Scotia in 2010. She was on two programs at the 6th World Congress on Children and Families in Sydney, Australia in 2013. She was invited to a faculty colloquium on "Hearing the Voice of the Child” at the University of Auckland, New Zealand in 2013.

In 2000 when I was chair of the ABA Family Law Section, I put together an international, interdisciplinary think tank on "High Conflict Custody Cases – Reforming the System for Children” at the Wingspread Foundation in Racine, Wisconsin. I invited 38 persons, including academics, mediators, practicing lawyers, child advocates, family court judges, law professors, court services officers, and mental health professionals. We developed a "white paper” setting out ways to improve the system. I have attached a copy of the article.

2015 will mark the fifteen-year anniversary of the conference. Since 2001, the family court docket has increased exponentially, and resources for courts have decreased. I propose to use my sabbatical to do a follow-up study of the approaches states are using to address high conflict custody cases. I plan to interview all living participants of the Wingspread Conference to see what has happened in their jurisdictions and what they have done since the Conference. I would like to visit some of them who have started some exciting programs, including a unified family court and parent education programs.

My major scholarly focus has been on representation for children and hearing the voices of children in custody contests. I plan to explore the implementation of Article 12 of the UN Convention on the Rights of the Child, which has been adopted in 193 countries, in getting the child’s voice heard. Because much of my research will be visiting and observing courts, child advocacy programs, and lawyers who represent children, I need to travel on weekdays. I cannot be absent during the week when I am teaching classes. I plan to write an article summarizing my findings. Hopefully, the article will have the same impact the earlier white paper had in stimulating discussion and encouraging innovative programs to protect children.

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