Agenda
 
Friday, Novemeber 2, 2018
 
7:30 – 8:15 AM
Registration and Continental Breakfast
Please Visit the Poster Presentations and Your Sponsors!
 
8:15 – 8:30 AM
Welcome and Opening Remarks
Presented by Marianne K. Lizza-Irwin, Esq., Chair, CBA ADR Section, Foothills Mediation and ADR, Golden, CO
 
A Few Words from Colorado Bar Association Leadership
 
PLENARY PRESENTATIONS
 
8:30 – 9:20 AM
Believe It or Not, Resolution Can Even be Achieved in the State Legislature
After traveling to all 50 states in one year to collect and share the stories of ordinary people solving problems in their communities, Dafna Michaelson Jenet ran for and won election to the Colorado State Legislature. During her first term, with the first bill she introduced, Dafna achieved the magical unicorn: unanimous passage and unanimous co-sponsorship, in both chambers of the State Legislature. Dafna will share what she’s learned around the country and from her time in the legislature about finding common ground, getting to yes and building a stronger society in the process.
Presented by Dafna Michaelson Jenet, State Representative, House District 30, President, The Journey Institute, Denver, CO
 
9:20 -10:35 AM  - 1.5 Ethics Credits
Navigating Ethical Issues
Experienced ADR professionals know that ethics issues often arise without warning and require you to identify and deal with the situation promptly and appropriately. A panel of seasoned professionals discuss various ethical scenarios. Your participation is strongly encouraged.
Moderator: Joel Bogen, Conflict Resolution Works! Denver, CO
 
Panelists:
Peggy Evans, Mediator & Restorative Justice Practitioner, Peggy A. Evans, LLC, Highlands Ranch, CO
Sara E. Johnson, Johnson Mediation Group, Denver, CO
Ben T. Stetler, Esq., Attorney/Mediator, Ben Stetler PLLC, Denver, CO
Hon. Vincent R. White (ret.), Mediator/Arbitrator/Special Master/Private Judge, Colorado Mediation and Resolution Services, LLC, Greenwood Village, CO
 
Presented by the Ethics Committee of the Mediation Association of Colorado:
Joel Bogen, Conflict Resolution Works!, Denver, CO
Susan Demidovich, Esq., Attorney/Mediator, Denver, CO
Richard Fullerton, Constructive Options, Denver, CO
Katherine Head, MSW/Mediator, Center for Solutions, Denver, CO
 
10:35 – 10:50 AM
Networking Break – Please Visit the Poster Presentations and Your Sponsors!
 
10:50 AM – 12:05 PM
BREAKOUT SESSIONS 1- 3. PLEASE CHOOSE A SESSION TO ATTEND:
 
SESSION 1
Motivating Parties to Settle
This session will focus on techniques for encouraging and assisting parties to reach agreements in the face of high conflict and adversity. The session will emphasize techniques that ensure that parties maintain a sense of dignity and self-respect, as well as a strong sense of pride in their decisions regarding these agreements. Eight specific techniques will be presented using case examples. These techniques incorporate emotional intelligence, effective praise, the use of constructive responses, and strategies for offering suggestions to parties who appear to be at an impasse. Participants will practice these techniques and be encouraged to offer additional ideas of their own.
Presented by Judy Mares-Dixon, M.A., Mares-Dixon & Associates, Boulder, CO
 
SESSION 2
Using Conflict Analysis to Achieve Better Resolution
Conflict is a part of life. Employing conflict analysis is key to a successful and lasting resolution. Yet, many plunge into negotiation without any analysis of the specific conflict and the parties involved. This leads to unsatisfactory resolutions and, often, continuing conflict. In this session, participants will learn to analyze conflict to achieve lasting, unparalleled results.     
Presented by Ann Marie Byers, Esq., Attorney/Mediator, Conflict Resolution Services, Denver, CO
 
SESSION 3
Online Dispute Resolution Platforms, Online Communication Tools, and Artificial Intelligence in the Law: ‘Tools’ or ‘The Terminator’?    1.5 Ethics Credits
This panel discussion explores how the relatively new tools of online dispute resolution, decision-assisting algorithms, artificial intelligence decision-makers, and online communication applications are impacting the legal profession. The panelists will demonstrate and discuss the technological platforms behind the new technology, what types of cases might be suited to its use, and, most importantly, the ethical issues and potential pitfalls inherent in the platforms and processes. They will educate you about how this technology is being embraced world-wide and that in many ways, the United States is a “late adopter” to these technologies. Panel members will also introduce the emerging field of legal Artificial Intelligence (AI) and discuss potential ethical challenges. There will be plenty of time throughout for questions and comments. It promises to be a lively discussion of these emerging topics.
The following Colorado Rules of Professional Conduct will be addressed: Preamble, CRCP 1.1, 1.2, 1.6, and 2.1.
Presented by Douglas I. McQuiston, Esq., Accord ADR Group, Boulder, CO, David Littman, Esq., Littman Family Law, Denver, CO, and Sharon Sturges, J.D., M.P.A., Director, Colorado Office of Dispute Resolution
Court Services Unit, State Court Administrator’s Office, Denver, CO
 
12:05 – 1:20 PM
Networking Buffet Lunch – Ticketed Event (Please indicate on the registration form if you plan to attend the luncheon.)
 
1:20 – 2:35 PM
BREAKOUT SESSIONS 4-6. PLEASE CHOOSE A SESSION TO ATTEND:
 
SESSION 4
Implicit Bias in Alternative Dispute Resolution
Explicit sexism, racism and other types of overt biases have become less common in public settings over the past few decades. At the same time, social scientists have increasingly called attention to implicit bias, unconscious attitudes that unintentionally shape decision-making and behaviors. Research into implicit biases has shown that they are pervasive and have real-world consequences in legal settings. In ADR, parties, mediators, arbitrators, and evaluators are coming to the table with implicit biases that influence the way they communicate, evaluate evidence, and make judgments. This session considers what debiasing strategies might be available to ADR professionals. The main goals of the session are to educate participants on the social science research and to create a space for thoughtful consideration of how to counter implicit bias in one’s own practice.
Presented by Mara Aruguete, Ph.D., Professor, Lincoln University, Jefferson City, MO
 
SESSION 5
Everything You Ever Wanted to Know About Colorado Law on Mediation
What is the statutory and case law framework for Colorado mediations? What are the relevant court rules? When do you really have an enforceable mediation settlement? What parts of mediation are confidential? What are some ethical issues and pitfalls? A helpful and practical session!
Presented by Steven Choquette, Esq., Attorney/Mediator, Choquette & Hart LLP, Denver, CO
 
SESSION 6
Manage Your Energy, Not Your Time
Helping others to manage conflict is demanding work. To maintain our own sense of well-being and to remain centered in the eye of conflict, we need to pay attention to four energy dimensions: physical, emotional, mental, and spiritual. In this workshop, we will do an ‘energy audit’, discuss the four energy dimensions, and create an action plan.
Presented by Robin Amadei, J.D., Common Ground Mediation and Coaching, LLC, Lafayette, CO
 
2:35 – 2:50 PM
Networking Break – Please Visit the Poster Presentations and Your Sponsors!
 
2:50 – 4:05 PM
BREAKOUT SESSIONS 7-9. PLEASE CHOOSE A SESSION TO ATTEND:
 
SESSION 7
Using Emotional Intelligence to Manage Conflict in Mediation
Effective mediators require a unique skill set. In addition to legal and analytical skills, they must be able to deal with the behavioral, cognitive and emotional aspects of conflict that arise during negotiations. In particular, the emotional aspects of the process, though often minimized, can derail a mediation, particularly when the individuals in conflict don’t understand their own feelings or what is motivating their actions. Emotional intelligence (“EQ”) - the ability to be aware of our own emotions and those of others in the moment, and to use that information to manage ourselves and our relationships - can be invaluable for mediators. In this program, we will explore the competency groups that comprise EQ, the ways in which EQ skills contribute to the success of a mediation, and how to develop these skills.
Presented by Marian Lee, Esq., ACC, Coach and Consultant, Career Reinvention LLC, Denver, CO
 
SESSION 8
The Business of Mediation: How to Get on the Short List of a Family Law Attorney's Referral List
Mediators play a vital and crucial role in the legal process for family law cases. More and more jurisdictions are relying on the Alternative Dispute Resolution option of mediation to assist the parties through the process, while relieving the courts’ dockets. Just as ensuring that there is a good fit between client and attorney, each mediator has their own unique style, and strengths and weaknesses. As such, matching the personality and dynamics of the parties and issues with the mediator's style, and strengths and weaknesses is a vital component to a successful mediation session. But it’s not all about personality; mediators also need to have the relevant legal information and knowledge to be effective. Learn what skills are needed to be a mediator that family law attorneys want to work with and send pro se parties to. You will also learn tips and tools for working with family law attorneys, their clients, and pro se parties before, after, and during the process.
Presented by Kelley Rider Goodwin, Esq., Rider Goodwin Law Offices, LLC, Denver, CO
 
SESSION 9
Mediation Advocacy: Best Practices for Attorney Preparation, Participation and Documentation
A panel of experienced mediators and attorneys will discuss what works in mediation and pitfalls to avoid. Best practices regarding client preparation, mediator’s briefs, opening statements, presentation of evidence, experts as resources, use of caucus, working with the mediator, overcoming impasse, drafting settlement agreements and post-mediation communications will be presented.
Moderator: C.J. Larkin, Esq., MA, Professor of the Practice, University of Denver, Denver, CO
 
Panelists:
Erik Carlson, J.D., Foster Graham Milstein & Calisher, LLP, Denver, CO
Steve Choquette, Esq., Choquette & Hart LLP, Denver, CO
Joan McWilliams, Esq., MSJA, McWilliams Mediation Group, Denver, CO
Wesley Parks, Esq., Cohen & Cohen PC, Denver, CO
Sarah Rice, J.D., Law Clerk for the Honorable Gilbert Roman, Colorado Court of Appeals, Denver, CO
 
4:05 – 4:20 PM
Networking Break – Please Visit the Poster Presentations and Your Sponsors!
 
4:20 – 5:10 PM
BREAKOUT SESSIONS 10-12. PLEASE CHOOSE A SESSION TO ATTEND:
 
SESSION 10
What’s Happening in the Brains of Your Mediation Participants – Understand and Leverage the Brain Science of Stress and Trauma
The basis of human conflict is often unresolved stress and trauma, creating communication difficulties and skewed perspectives. Learn the neurobiological, clinical, and legal implications of stress and trauma in mediation, and how your informed behavior as a mediator can positively impact the myriad dynamics involved in resolving a case.
Presented by Lisa Hogan, Esq., Brownstein Hyatt Farber Schreck, LLP, Denver, CO, and Sarah Myers, Esq., LMFT, LAC, Executive Director, Colorado Lawyer Assistance Program, Denver, CO
 
SESSION 11   - No CLE Credit is given for this presentation
Be Liked: Social Media Strategies for #ADR Businesses
Connecting with clients and communicating the value of ADR services over social media are essential to business success. Businesses that effectively use social media consider their audience, content, strategies, and available tools. This presentation provides practical strategies that participants will start using immediately during the presentation.
Presented by Amber Hill, Owner/Mediator, Hilltop Mediation LLC, Denver, CO
 
SESSION 12
Mediation Litigation: Recent Reported Court Opinions About Mediation
Mediation is supposed to provide an alternative to litigating disputes, but sometimes mediation becomes a source of litigation. This session will review recent case law that has developed where mediation caused litigation, rather than avoided it. The discussion will explore ways practitioners can minimize post-mediation litigation.     
Presented by Tessa R. DeVault, Esq., Johnson Law, Edwards, CO, and Wesley Parks, Esq., Cohen & Cohen PC, Denver, CO
 
5:10 PM
Adjourn to Cocktail Reception  
Sponsored by The Mediation Association of Colorado
 
5:15 – 6:30 PM
Cocktail Reception at Elevate Lounge Inside the Renaissance Denver Stapleton Hotel