2014 Track: Ethics

March 28-29, 2014
21st Annual Northwest Dispute Resolution Conference

Workshops approved for CLE Ethics credit by the Washington State Bar Association.

To see the full conference workshop lineup click here to return to the 2014 Workshops page

2.2 Is That Ethical? A Brief Comparison of Negotiation Ethical Rules and Social Theory
Presenter: Jeanette Nyden, J.D., President J. Nyden & Co., Inc., Seattle, Washington

Attorney mediators will examine the Rules of Professional Conduct associated with attorney-conducted negotiations and compare those rules to influential social and political theory which support six social norms to follow when negotiating agreements. Practitioners will explore the difference between proscriptive ethical standards (what lawyers cannot do) versus what influential social and legal theorists (like Ronald Dworkin) suggest people ought to do to live in a socially just society.
1.25 Ethics CLE Credits

4.2 Why Does Anyone Mediate if Mediation Risks Psychological Dissatisfaction, Extra Costs and Manipulation? Three Theories Reveal Paradoxes Resolved by Mediator Ethical Standards
Presenters: Sam Imperati, Institute for Conflict Management, Inc., Portland, Oregon

Three paradoxes afflict mediation. First, if self-determination is a psychological need motivating the parties and the mediator, how can the parties and the mediator jointly satisfy their potentially conflicting needs? Second, if parties are having difficulty resolving their conflicting individual interests and incurring costs in the process, why would they invite a third party into the conflict who has his or her own interests and adds costs? Third, if it is impossible to guarantee that any collaborative decision making process can be immune to manipulation by one of the participants, including the mediator, why would parties expose themselves to the risks of mediation? Three mutually reinforcing theories reveal these paradoxes: Self-Determination Theory, Transaction Resource Theory, and Collective Choice Theory. The analysis demonstrates how professional organizations and states can resolve the three paradoxes by crafting mandatory standards of ethical practice for mediators.
1.50 Ethics CLE Credits

5.2 Laissez-Faire or Absolute Scrutiny: A Menu of Options for Balancing Neutrality and Fairness
Presenter: Peter Robinson, Managing Director, Straus Institute for Dispute Resolution, and Professor of Law, Pepperdine School of Law, Malibu, California

This workshop will consider the variety of assumptions or thoughtful philosophies mediators have about ethical duties towards neutrality and fairness. These views have far reaching ramifications on mediator practice and technique. This interactive session will culminate in exploring whether the Model Standards of Practice provide surprising guidance on this foundational issue.
1.25 Ethics CLE Credits

6.1 The Art of Negotiation: Practice Pointers for Enhancing Settlement Skills
Presenters: Hon. Paris Kallas (ret.), JDR, Seattle, Washington; Hon. Bruce Hilyer (ret.), JDR, Seattle Washington; Kathleen Wareham, WAMS, Seattle, Washington

The session will explore the art of negotiation and how attorneys can improve their negotiation skills when settling matters for clients.
1.25 Ethics CLE Credits

7.7 Scrivener’s Dilemma: Mediators Who Draft Settlement Agreements (WSBA Advisory Opinion 2223)
Presenters: Leslie Grove, Attorney for Collaborative Law, Spokane, Washington; Professor Bob Collins, Director, Cardozo Law School Divorce Mediation Clinic, New York, New York; Don Desonier, Counselor at Law, Mercer Island, Washington
Moderator: Stephanie Bell, Straus Institute for Dispute Resolution, Pepperdine University school of Law, Malibu, California
Session Organizers: Leslie Grove, Attorney for Collaborative Law, Spokane, Washington, Rina Goodman, Transforming Conflict PLLC, Seattle, Washington

Washington State Bar Association Advisory Opinion #2223 cautions that by drafting Property Settlement Agreements and other documents for unrepresented parties, attorney mediators are practicing law and representing adverse parties in violation of the Rules of Professional Conduct. The panelists, who are all lawyer-mediators, will discuss the impact of this Advisory Opinion on all mediators and the general public. In particular, they will address the complex issues that are implicated, including traditional mediation training and practice, party self-determination, standards of practice, party economics, and access to justice. Bob Collins, who trains mediators all over the country, will offer a national and historical perspective. Don Desonier will trace the evolution of his own thinking on the topic throughout his career. Leslie Grove will chronicle how the interaction of rules, customs and opinion can dramatically affect both lawyer and non-lawyer mediators, their parties, and the integrity of the profession. Moderator Stephanie Bell will facilitate the discussion.
1.25 Ethics Credits


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