CSDR-LL.M. E-newsletter Archives

Vol. 2, Issue 19 - January 18, 2002

What's Inside:

CSDR / LL.M. PROGRAM NEWS

ALEXANDRIA ZYLSTRA'S ARTICLE ON GOOD FAITH REQUIREMENTS IN MEDIATION HAS BEEN PUBLISHED
Andria Zylstra's ('01) article, "The Road from Voluntary Mediation to Mandatory Good Faith Requirements: A Road Best Left Untraveled," has been published at 17 Journal of the American Academy of Matrimonial Lawyers 69 (2001). The article examines the recent phenomenon of judicial and legislative rules mandating "good faith" participation in mandatory custody and visitation mediation programs. Andria concludes that the good faith rules presently enforced, and changes proposed by legal scholars, have more problems than benefits that would result from such requirements. She wrote this article for Dispute Resolution Processes I (now called "Advanced Survey of Dispute Resolution") and she revised it for Independent Study credit.

CSDR-LL.M. BROWNBAG LUNCH CONVERSATIONS
The Center for the Study of Dispute Resolution and the LL.M. Program will sponsor five more brownbag lunch sessions this semester. These will be conversations with dispute resolution scholars, practitioners, administrators, and planners. The brownbags will be on Mondays from 1:30 to 2:30 PM in Room 3. (These sessions will be at an unusual time to accommodate LL.M. students, many of whom have a break between classes from 1 to 3.) Cookies will be provided. All are welcome.

Jan. 28: Richard Kirkpatrick and Norman Beattie, Commissioners, Federal Mediation and Conciliation Service Richard Kirkpatrick has been mediating with the FMCS for the past eleven years. Before that, he was a business agent and then the director of the Western District of the United Mineworkers of America where he negotiated contracts in the Western U.S. and Canada. He has been an advocate in more than 300 arbitrations. He has worked as an underground coal miner. He has a bachelors degree in education from Southern Illinois University at Carbondale and a master's degree in industrial relations from the State University of New York in New York City.

Norman Beattie has been with FMCS for 17 years. Previously, he was a construction representative for the United Mineworkers of America in Illinois and served as the chief contract negotiator. He has been an advocate at more than 300 arbitrations. He has worked as a construction worker and mine construction supervisor. For more information about FMCS, see http://www.fmcs.gov/.

Lorri Kline ('01) will make a special guest appearance at this brownbag. Lorri recently completed an externship with the FMCS.

Feb. 11: Kakie Love and Lynn Malley, REDRESS mediators

Kakie Love has had a private family mediation practice since 1986. Most of her cases are divorce mediation, but she also has mediated post-divorce/custody, parent/child, step-family, special education, church, school and workplace issues. She has a master's degree in Child and Family Studies from the University of Missouri and has attended and given many mediation trainings. She was Professor of Child and Family Studies, Department of Education, William Woods University from 1966 to 1997 and an adjunct professor in MU's Department of Human Development and Family Studies, teaching a graduate course in family and divorce mediation several times in the late 1990s. Lynn Malley ('02) has worked as a private attorney and mediator, assistant prosecuting attorney, legal aid attorney, hearing officer, and secondary school teacher. She has given trainings in mediation and was involved in the design and staffing of M.A.R.C.H., Inc. (Mediation Achieving Results for Children), a child custody, visitation, and support mediation service for once-married and never-married parents. She is president-elect of the Association of Missouri Mediators. She received her J.D. from MU in 1984 and an MA in Family Studies/Family Policy in 2000.

Lynn and Kakie will talk about their experiences mediating cases in the REDRESS Program, which mediates discrimination complaints of U.S. Postal Service employees. For a New York Times article about the REDRESS Program, see http://www.spea.indiana.edu/icri/nytsepa.htm.

Feb. 25: Julie Macfarlane, Faculty of Law, University of Windsor (Canada) and Co-Director, LL.M. in Alternative Dispute Resolution, Osgoode Hall Law School (Canada)

Julie Macfarlane devotes half her time to her academic work and half to her consulting practice which offers conflict resolution service, training, facilitation and systems design for a range of public and private sector clients. Her most recent books are Rethinking Disputes: The Mediation Alternative (1997), an edited collection of 15 essays on mediation practice, and Dispute Resolution: Readings and Case Studies (1999). She recently published "Why Do People Settle?," 46 McGill L.J. 663 (2000) (see http://journal.law.mcgill.ca/abs/463macfa.htm) and completed a report entitled "Culture Change? Commercial Litigators and the Ontario Mandatory Mediation Program" for the Law Commission of Canada. She is beginning a multi-year project for the Social Science and Humanities Research Council of Canada on the development of collaborative lawyering networks in Canada and the United States. She earned an LL.M. from the London School of Economics and a Ph.D. from the University of the South Bank. For more information about her, see http://zeus.uwindsor.ca/mediation/Biographies.htm. For information about the Osgoode Hall LL.M. Program, see http://www.law.yorku.ca/pdp/llm/llmspec_b.htm.

March 11: Rebecca T. Magruder, private mediator and attorney

Rebecca T. Magruder, M.S.W., J.D. is a mediator and an attorney in private practice in St. Charles, Mo. Ms. Magruder has mediated a variety of cases, including business disputes, real estate disputes, personal injury cases, victim-offender restitution, landlord-tenant disagreements, and all varieties of family disputes, particularly in the areas of divorce, post divorce disputes, paternity disputes, and extended family disputes. Ms. Magruder has more than 500 hours of mediation training, has mediated several hundred cases, and has provided pro bono mediation services for landlord-tenant and adult abuse disputes in the St. Louis City Civil Courts and victim-offender disputes in the St. Louis County Family Courts. In addition to providing mediation services directly to clients, Ms. Magruder also serves on the Board of Directors for M.A.R.C.H., Inc. (Mediation Achieving Results for Children); mentors and trains new mediators; presents seminars and workshops on conflict resolution and mediation on a local, regional, and national level; and is an adjunct assistant professor of mediation at St. Louis University School of Law. For more information about her, see http://www.mediate.com/rtmagruder/.

March 18: Kathleen Bird, Director, Office of Dispute Resolution Services, Seventh Judicial Circuit of Missouri Kathleen Bird has been the Director of Office of Dispute Resolution Services Seventh Judicial Circuit (Kansas City metropolitan area) since 1998 and was the chair of the Missouri Bar ADR Committee from 1999-2001. From 1995-1998, she was a mediator in private practice and a founder of the RESPECT restorative justice program. For the 15 preceding years, she practiced civil, criminal and family law in Texas and Arkansas. She has served as a municipal judge, prosecutor, and city attorney. She received a J.D. in 1980 from Southern Methodist University. Her office is planning new dispute resolution programs and she will describe these plans and invite feedback and suggestions. For information about mediation and other family court services in the Seventh Circuit, see http://www.circuit7.net/familycourts/familycourts.htm.

CONFERENCES / RESOURCES / CONTESTS

SUPREME COURT DECISION ON MANDATORY EMPLOYMENT ARBITRATION: EEOC V. WAFFLE HOUSE
On January 15th the Supreme Court decided EEOC v. Waffle House, Inc., No. 99-1823, an important case regarding mandatory arbitration in the employment context. In a 6-3 decision (opinion by Stevens; dissent by Thomas) the Court held that the fact that an employee has "agreed" to arbitrate rather than litigate future employment discrimination claims against her employer does not affect the ability of the federal Equal Employment Opportunity Commission to pursue financial as well as injunctive relief on that employee's behalf. Thus, even though the employee agreed to arbitration, the EEOC could bring a lawsuit in court that, if successful, could provide the employee with compensatory and punitive damages. The decision emphasized that the policy of favoring of arbitration does not mean that parties such as the EEOC, who did not contractually agree to arbitration, can be precluded from seeking relief in court. As a practical matter, as Justice Stevens pointed out, the decision will not have a huge positive impact. EEOC only has the resources to bring a few hundred cases a year. However, the case is quite significant in that had it gone the other way it would have sharply curtailed the ability of government agencies to protect the rights of individuals upon whom mandatory arbitration had been imposed. For the text of the opinion, see http://www.lawmemo.com/emp/docs/us/wafflehouse.htm. [Thanks to Prof. Jean Sternlight for this summary.]

BAMSL CONTINUING LEGAL EDUCATION PROGRAMS SANCTIONS IN THE CONTEXT OF COURT-ORDERED MEDIATION
ST. LOUIS, JAN. 31 The Federal Litigation and Practice Committee; and the Alternative Dispute Resolution Committee of the Bar Association of Metropolitan St. Louis are sponsoring a luncheon program featuring Honorable Rodney W. Sippel, U.S. District Court, Eastern District of Missouri. Judge Sippel will speak about sanctions in the context of court-ordered mediation. Judge Sippel is the author of Nick v. Morgan's Foods, Inc., 99 F.Supp.2d 1056 (E.D. Mo. 2000), aff'd 270 F.3d 590 (8th Cir. 2001), which discusses good faith requirements in mediation. Lunch will be at 11:30 AM - 12:15 PM. The Program is at 12:15 PM - 1:15 PM. The luncheon will be at BAMSL Headquarters in downtown St. Louis. For more information, see http://commerce.bamsl.org/members/event_details.asp?event_id=716&event_type=CLE or contact Katy Borsos, 314-421-4134, kborsos@bamsl.org.

NUTS AND BOLTS OF LITIGATING CUSTOMER COMPLAINTS IN NASD ARBITRATIONS
ST. LOUIS, FEB. 13 The Securities Regulations & Business Organizations Committee of the Business Law Section of the Bar Association of Metropolitan St. Louis is sponsoring a luncheon program featuring L. Steven Goldblatt, of Goldberg Katz & Stansen PC, and Jeffrey Kalinowski, of Blackwell, Sanders, Peper, Martin LLP. From both the perspectives of firms and customers, the speakers will address such issues as case intake review, spotting issues, discovery, selecting arbitrators, and hearing procedures. Lunch will be at 11:30 AM - 12:15 PM. The Program is at 12:15 PM - 2:15 PM. The luncheon will be at BAMSL Headquarters in downtown St. Louis. For more information, see http://commerce.bamsl.org/members/event_details.asp?event_id=728&event_type=CLE or contact Katy Borsos, 314-421-4134, kborsos@bamsl.org.

2002 VOMA CONFERENCE REQUEST FOR PROPOSALS
FORT LAUDERDALE, FL., SEPT. 23-27 The Victim Offender Mediation Association (VOMA) is seeking proposals for training and workshops at its 19th Annual International Training Institute and Conference, September 23-27, 2002 in Ft. Lauderdale, Florida. The conference theme is "Innovative Practices in Restorative Justice and Victim, Offender, and Community Processes." See www.voma.org for details on how to submit proposals. For more information, see the binder in Room 206 or call Kathy Elton at (801) 578-3982 or Lorraine Stutzman-Amstutz at (717) 859-3889.