Tuesday, October 27, 2020
8:00 - 9:00 AM
Morning Coffee Chat
9:00 - 9:10 AM
Welcome and Opening Remarks
9:10 - 10:10 AM
Keynote: Gray Area Thinking ©
We've all heard the phrase, “diversity and inclusion”,” but what does it actually mean to make a workplace or organization, or even our personal lives, more diverse and inclusive? How can we get beyond grouping and labeling of other humans according to the color of their skin, the religion they practice, or the country in which they were born? Can we really build a just and inclusive world, especially in this time of such division? Even more, how can we make our workplace and lives more inclusive of those who are “Other” and different from “us?” Isn't it time to at least consider a new approach to human inclusivity-where all humans regardless of differences are valued? Join national speaker, transgender writer and “human inclusionist” Ellen “Ellie” Krug, as she conducts her highly valued human inclusivity training, Gray Area Thinking®, with an easy-to-understand toolset on how to be more welcoming of anyone who is “Other” in our society.
Presented by Ellen (Ellie) Krug, Esq., Human Inspiration Works, LLC
10:15 - 11:15 AM
Breakout Session #1 & #2
#1: Getting Past the Bumpiness™: White Fragility and Skin Color
Getting Past the Bumpiness” is tackles the difficult subject of skin color and related disparities that are challenging America at the moment. Conversations about this are difficult because most are fearful of impacting sensitivities-people don't want to feel “uncomfortable,” either for themselves or others, something that one commentator has described as “white fragility.” Yet, to understand America in the '20s, we need to talk about skin color and how the color of one's skin impacts their opportunities for success on many fronts. How can we begin these exceedingly difficult but necessary conversations? And in the process, can we accept the idea of providing grace or a reprieve from judgment to all involved? Please join Ellie as she talks about skin color in America, where you'll come away with a better understanding how our country got here and how individuals, organizations and the community at large can go forward, together.
Presented by Ellen (Ellie) Krug, Esq., Human Inspiration Works, LLC
#2: Best Practices (and Worst Roadblocks) in Business Divorces for ADR Professionals
Breaking up is hard to do-especially when a business is at stake. Learn how to apply best ADR practices in difficult cases (such as when there is no prior buy-sell agreement or when shareholder majority is in question) and how to persuade litigious clients that settlement is in their best interests.
Presented by Rehan Hasan, Esq., Hasan, LLC
11:15 - 11:30 AM
Join us in the Virtual Networking Lounge + See Poster Presentations
11:30 AM- 12:30 PM
Breakout Session #3 & #4
#3: Listening for Change: Complex Reflective Listening in Mediation
During this presentation you will:
1. Develop a background context for Reflective Listening in Motivational Interviewing theory and history.
2. Identify ambivalence, “change talk,” and “sustain talk” in order to effectively respond to change talk in the mediation context.
3. Practice and become proficient in simple and complex reflective listening statements.
4. Rate self-efficacy in employing reflective listening techniques in the mediation process.
Presented by Shannon A.R. Allen, Esq., Anderson Allen LLC
#4: Implications of the Differing Roles of Insurer-Assigned Defense Counsel and a Policyholder's Personal Counsel in Mediation
Cases involving insurance coverage issues involve additional complexities and ethical challenges. Neutrals and advocates alike should be aware of these issues to avoid common ethical pitfalls, given these complex legal relationships and maximize the effectiveness of mediation.
Presented by Damian J. Arguello, Esq., Colorado Insurance Law Center
Submitted for 1 Ethics Credit
12:30 PM
Adjourn
Thursday, October 29, 2020
9:00 - 10:20 AM
Welcome Message & Mediation Ethics Panel
Ethical issues often arise without warning during mediation. ADR professionals must be able to identify these matters and address them promptly and appropriately. A panel of four experienced mediators will respond to various ethical scenarios. Audience participation is strongly encouraged.
Moderator: Joel Bogen, Conflict Resolution Works!
Panelists:
- Honorable Kim Goldberger, Senior Judge, LLC
- C.J. Larkin, J.D., M.A., Dispute Resolution Professionals, LLC, In the Best Interests of the Children Co-Parent Education
- Antonia Ozeroff, J.D., Ozeroff Mediation Services
- Wesley Parks, Esq., Cohen & Cohen, P.C.
Presented by the Ethics Committee of the Mediation Association of Colorado:
- Joel Bogen, Conflict Resolution Works!
- Susan Demidovich, Esq., Attorney/Mediator
- Katherine Head, MSW/Mediator, Center for Solutions
- Tracy James, Esq., Attorney/Mediator
- Miles Davies, J.D., Dispute Resolution Professionals, LLC
Submitted for 1.5 Ethics Credits
10:20 - 10:30 AM
Join us in the Virtual Networking Lounge + See Poster Presentations
10:30 - 11:45 AM
Breakout Session #5 & #6
#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., JAMS
#6: Juggling Bias and Neutrality
In all forms of ADR, both practitioners and clients bring their biases to the table. Different life experiences, cultural backgrounds, political views and values may clash. Does it matter if we manage our biases in the ADR process? Under what circumstance do such differences negatively impact our ability to be truly neutral? How can we maintain our own integrity and still be more inclusive neutrals?
Presented by Christine Callahan, Esq., Summit Law & Mediation, LLC, and Myra Warren Isenhart, Ph.D, Organizational Communication, Inc.
Submitted for 1 Ethics Credit
This presentation will conclude with a 15-minute interactive discussion.
11:45 AM - 12:00 PM
Messages from Conference Co-Founders
- Colorado Bar Association Alternative Dispute Resolution Section
- The Mediation Association of Colorado
- Office of Dispute Resolution
12:00 PM
Adjourn
12:00 - 1:00 PM
Interactive Book Club - “We Need to Talk” by Celeste Headlee
It's no secret that the art of effective communication is on the decline. Between the rise of technology and the increasingly volatile political landscape, Americans feel less connected and more divided than ever. But the erosion of our conversational skills as a society lies with us as individuals. In an incredibly timely and insightful book, NPR veteran Celeste Headlee outlines strategies to become a better conversationalist and improve communication skills so that every person can have more productive and meaningful conversations in her book, We Need to Talk, which was chosen as the 2020 book selection for Conflict Resolution Month in Colorado. Over 425 copies have been distributed by the ADR Section, in conjunction with Conflict Resolution Month, to the Colorado Supreme Court, Court of Appeals, and District Court Chief Judges, Family Court Coordinators, all Colorado legislators, Governor Polis, schools, libraries, and the student presenters to this Conference. Please come to our lunch time discussion on October 29th about the book. The book is readily available in multiple formats - you can purchase a hard copy online or at a local bookstore, check it out for the local library, or download to an e-reader. Or, if you don't have time to read the book, you can watch the author's TEDTalk.
Friday, October 30, 2020
12:30 - 12:40 PM
Welcome Back and a Message from Conflict Resolution Month - Book of the Year
12:40 - 1:55 PM
Breakout Session #7 & #8
#7: From Gladiators to Counselors: The Mediators' Role in Shifting Attorneys from Competing to Problem-Solving
Attorneys are often only trained in litigation, not in mediation. Mediators must educate and coach attorneys on the benefits of mediation as part of the ethical duty of ensuring a quality process. This session will provide mediators with valuable tools and techniques on coaching attorneys on the benefits of mediation.
Presented by Honorable Patrick Butler, District Court Judge, 20th Judicial District, C.J. Larkin, J.D., M.A., Dispute Resolution Professionals, LLC, In the Best Interests of the Children Co-Parent Education, and Wesley Parks, Esq., Cohen & Cohen P.C.
#8: The Ray Corollary Initiative: Increasing Equity and Decreasing Unconscious Bias in the Selection of Arbitrators
Parties select arbitrators based upon a reputation for acceptability and fairness. However, parties have criticized the makeup of arbitration panels as being too white, too male and too old. Yet those same parties select “who they know” to hear and resolve disputes presented. The recruitment and advancement of women and persons of color to serve as arbitrators and mediators present a vexing problem in the ADR community. This panel will discuss the challenges and opportunities in developing more diverse rosters of arbitrators by demonstrating how a version of the “Mansfield Rule” and “Rooney Rule,” designed to address unconscious bias in law firms and in NFL hiring decisions, can be applied successfully to the selection of neutrals in arbitration and mediation.
Presented by Allison L. Gambill, Esq., Brownstein Hyatt Farber Schreck, LLP, Homer C. La Rue, Esq., Arbitrator Mediator, La Rue Dispute Resolution Services, Professor of Law, Howard Law School, Michelle Sylvain, Esq., Sylvain Law and Mediation Firm, LLC, and Alan Symonette, Esq. Symonette ADR Services, Inc.
1:55 - 2:10 PM
Join us in the Virtual Networking Lounge + See Poster Presentations
2:10 - 3:10 PM
Breakout Session #9 & #10
#9: Good ADR Practice Marketing in a Bad Economy
Building a healthy ADR practice relies on creating a cohesive brand experience that connects with potential clients. Meranda Vieyra highlights key areas that ADR practitioners can use to build their network and leverage it into marketing opportunities. This presentation includes actionable insight for better credentialing, in-person networking, and online marketing during an economic downtown.
Presented by Meranda Vieyra, CEO and Owner of Denver Legal Marketing, LLC
This session is not accredited.
#10: Won't You Be My Neighbor?
A sense of wellbeing at home is vital. Yet, neighbor disputes are common and
disrupt senses of home. For mediators, relevant laws (CCIOA), policies, and practical stories help improve mediation services with neighbors. This presentation provides an overview of the landscape for neighbor disputes involving HOAs, barking dogs, and FEDs.
Presented by Deanna O'Sullivan, Esq, CIPP US, Iron Mountain, and Amber Hill Anderson, MA, Pesch Law Office PC
3:10 - 3:25 PM
ADR Community Organizations: A Spotlight on Volunteer Opportunities
Visit your sponsors, reconnect with your colleagues and expand your professional circle in small groups or 1:1 via video. Our virtual networking lounge allows you to table hop and move about the room, just as you would if we were all together in-person. Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.
3:25 - 4:30 PM
Seven Keys to Unlock Mediation's Golden Age: An Introduction
This presentation will introduce and distill the concepts described in a collection of essays to offer the participants a framework to the Seven Keys to Unlock Mediation's Golden Age and challenge participants to envision the future of the mediation profession by discussion of “next” practices, rather than “best” practices. Currently mediation finds itself in a fragmented age, yet society needs this service now more than ever to resolve conflict. Diverse disciplines claim mediation as their own psychology, counselling, management, human resources, and the law. As with all disciplines, most mediation scholars remain within their silos, resulting in a fragmentation of the field. More than that, the way mediation is practiced draws boundaries around specific practice areas. Fragmentation diminishes the value and power of mediation. It confuses users, and inhibits cross-disciplinary collaboration and innovation. In an age of fragmentation, this work offers a path for integration and growth. Seven Keys to Unlock Mediation's Golden Age introduces an over-arching framework of the mediation field by seeking to develop understandings of the process that connect people, professions and perspectives. It pulls together disparate fragments from diverse mediation worlds, and shapes them in new and holistic ways. In Seven Keys, the value of the whole is greater than the sum of its parts, as it maps out a future not just for mediation, but also for humanity.
Presented by Clare Fowler, PhD, Director of Organizational Relations, Mediate.com, Adjunct Professor of Conflict Resolution, University of Oregon School of Law, Manon Schonewille, Mediation & Negotiation Office Legal Rebel, and Sharon Sturges, Esq., Director, Office of Dispute Resolution, Court Services Division, State Court Administrator's Office.
4:30 - 5:45 PM
Virtual Cocktail Reception
Join us in the networking lounge to reconnect with colleagues and expand your professional circle in small groups or 1:1 via video. Colin Rule, President and CEO of will be attending the happy hour. You don't want to miss this opportunity to hear from Colin and connect with your colleagues! Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.
Sponsored by Mediation Association of Colorado
