9:00 a.m. Judicial Perspectives on Mediation
Angela Gupta, Associates in Dispute Resolution LLC, Topeka
Hon. Teresa J. James, US District Court District of Kansas, Kansas City
Hon. Kevin P. Moriarty, Moriarty Mediation LLC, Overland Park
Magistrate Judge Teresa J. James and recently retired Johnson County District Judge Kevin P. Moriarty will discuss their perspectives on mediation. Among other things, the judges will talk about their experiences regarding what factors make mediation most effective, including the optimal timing for mediation, considerations for counsel when preparing their clients for mediation, and who should attend a mediation. In addition, the judges will discuss relevant procedures and practices in state and federal court regarding referring cases to mediation. The Judges’ panel will be moderated by Angela Gupta.
9:50 a.m. Family Law Arbitration
Professor Linda D. Elrod, Washburn University School of Law, Topeka
The Uniform Law Commission promulgated the Uniform Family Law Arbitration Act in July 2016. The UFLAA, while building on states’ existing arbitration law, provides a specific statute that includes considerations of types of issues that appear in family law cases but not in commercial ones. This program will discuss the UFLAA provisions and why states should enact it.
10:40 a.m. Break
10:50 a.m. Mediating Person Injury Cases Involving Medicare Beneficiaries
Jennifer H. Sherber, KAMMCO, Topeka
Preparation is key to a successful mediation. A significant part of preparation in personal injury cases includes identifying and considering the issues presented by the Medicare Secondary Payer (“MSP”) statute and the Medicare, Medicaid and SCHIP Extension Act of 2007 (“MMSEA”). This presentation will provide an overview of the MSP and MMSEA statutes and offer practical suggestions to ensure that Medicare’s interests are considered and protected at mediation.
11:45 a.m. Lunch
12:45 p.m. Supreme Court's New Dispute Resolution Rules
Arthur J. Thompson, Midwest Dispute Resolution Services,
Hon. Keven O'Grady, Tenth Judicial District, Olathe
This presentation will be on the new ADR rules.
1:35 p.m. Mediation in Civil Matters
Daniel K. Back, Hutton & Hutton LLC, Wichita
Brian J. Niceswanger, Evans & Dixon LLC, Overland Park
Randy J. Troutt, Hite Fanning & Honeyman LLP, Wichita
Mediation preparation from the defendant’s and plaintiff’s perspective.
2:25 p.m. Break
2:35 p.m. Preparing for Domestic Mediation
Adina F. Morse, Barnhill & Morse PA, Lawrence
A successful mediation is more likely with thoughtful preparation. This session will discuss intake, documents to collect, conversations to have, and the agreement to mediate, etc., in preparation for domestic mediation. Attendees will also have an opportunity to share how they prepare for mediation. The goal is for attendees to walk away with a checklist and perhaps a few new ideas to incorporate into their mediation preparation.
3:25 p.m. The Ethical Negotiator: Professional Responsibility When Pursuing Settlement
Larry R. Rute, Associates in Dispute Resolution LLC, Topeka
This program delves into ethical obligation in negotiations.
4:15 p.m. Adjourned
KBA ADR Law Section Member $190
KBA YLS Section Member $200
KBA Member Registration $220
Non-member Registration $250
Paralegal Registration $100
Student Registration $25
Paper Materials (Optional) $30
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