MINNEAPOLIS
Friday, October 27, 2023
9:00 AM - 4:45 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
Join an experienced faculty for insightful presentations on the latest developments in mediation, arbitration and ADR advocacy, plus a review of how the amendments to Minnesota Rule 114 are working in practice.
This Year's Institute Welcomes Noam Ebner
Noam Ebner is a professor of negotiation and conflict resolution in Creighton University’s Department of Interdisciplinary Studies. Previously, Noam taught for over a decade at universities around the world, including in Israel, Turkey, Costa Rica, and elsewhere. Originally from New York, Noam lived in Israel for many years, practicing as an attorney, negotiator, and mediator. He trained mediators for the Israeli court system and played key roles in community mediation programs. Professor Ebner presents 3 all-new presentations at the cutting edge of ADR and technology:
BONUS MATERIALS –
A Handy Guide to Minnesota’s New Rule 114
8:30 a.m. – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:05 a.m.
Welcome and Announcements
– Dawn Zugay, MSBA ADR Section Chair
9:05 – 10:05 a.m.
Beyond Zoom and ChatGPT: Conflict and Resolution Keep on Changing
The Covid-19 era has deeply impacted conflict, negotiation, formal dispute resolution mechanisms, and mediation practice, the world over. With the transition to online activity, focus on the nuts and bolts of online process conduct, and on technology’s effects on processes, is understandable and important. Having scarcely regained its balance, the mediation field now braces for the impact of ChatGPT and other AI tools on mediation process and practice. And yet, technology itself might turn out to be the least interesting part of the changes that negotiators, parties to conflict, and mediators will encounter in the years to come. Technology’s utility notwithstanding, focusing primarily on its use for online processes only distracts us from a far more significant upheaval taking place over the past few decades: people are changing, as a result of our immersion in technology. Changing as humans, we are also changing as parties, negotiators and mediators. Noam Ebner has worked at the crossroads of technology and dispute resolution for over twenty years. In this session, he will uncover the relationship between technological advancement and human change, discuss the impacts of such change on the practice of negotiation and mediation, and make suggestions for successfully coping with what lies ahead.
– Noam Ebner
10:05 – 10:10 a.m.
BREAK
10:10 – 11:10 a.m.
The New Minnesota Rule 114: 14 Questions and Answers About the New Rule
1.0 ethics credit applied for
Leslie Sinner McEvoy will highlight and clarify important aspects of the new Rule 114, including the ethical rules, that all neutrals and advocates must know.
– Leslie Sinner McEvoy
11:10 – 11:15 a.m.
BREAK
11:15 a.m. – 12:15 p.m.
Online Mediation at 3.5 Years: New Challenges, New Opportunities
In the post-pandemic ADR landscape, online mediation is no longer novel, mysterious, or daunting to most practitioners. Rather, we are now three and a half years into the early stages of an era in which online mediation is a significant – perhaps even, a primary – mode of conducting mediation processes across the private, court-connected, and community sectors. In this session, panelists will go beyond the “how to” and “transition tales” characteristic to pandemic-era presentations and instead discuss online mediation as they’ve experienced it in real-life practice over time: What challenges have endured, and what new challenges have presented themselves? And, what new opportunities has online mediation offered in practice, in terms of improving mediation processes or of offering mediation services?
– Carl J. Arnold, Jennifer Frisbie, John R. “Rob” Hill & Suzanne M. Remington
– Noam Ebner (moderator)
12:15 – 1:15 p.m.
LUNCH BREAK (provided by Minnesota CLE)
12:30 – 12:45 p.m.
SPECIAL LUNCHEON PRESENTATION
ADR Spotlight: Meet Commissioner Johnny Villarreal from the Bureau of Mediation Services
1:15 – 2:15 p.m.
BREAKOUT SESSION A
101 – Available at in-person event only
Tips and Techniques for ADR Professionals When Interviewing Children
– Cary E. Miller-Dolan & Mindy F. Mitnick
102
Arbitration in the Investment Industry: How It Works and Opportunities for Arbitrators
– Donald R. McNeil
103
Hot Topics in Estate and Elder Law Mediation: Farmland Disputes, Elective Shares, Claims in Exempt Estates, Mediation Timing and More
– Elizabeth V. Cutter, Christopher M. Roe & Referee Lori D. Skibbie
– Chris Tymchuck (moderator)
2:15 – 2:30 p.m.
BREAK
2:30 – 3:30 p.m.
BREAKOUT SESSION B
201 – Available at in-person event only
The Top 5 Sticking Points in Divorce Mediation and Creative Ways to Resolve Them
– Jason C. Brown & Lisa J. Kallemeyn
202
Arbitration: Things to Do and Not Do at the Hearing
– David A. Allgeyer, Mira Vats-Fournier & Madge S. Thorsen
203
Hot Topics and Effective Techniques in Employment Mediation: Communications with Parties Impacted by Trauma, Dealing with Sensitivities Specific to Harassment and Racial Discrimination, Ramifications of the George Floyd Experience, Trends in Gamesmanship and More
– Beth E. Bertelson & Sheila A. Engelmeier
– Robert R. Reinhart (moderator)
3:30 – 3:45 p.m.
RECEPTION BREAK
Enjoy drinks, treats and conversation with your colleagues in the ADR community!
3:45 – 4:45 p.m.
Aggressive Negotiations and Diplomatic Solutions: Star Wars and Conflict Resolution
In this session Noam Ebner, co-editor of Star Wars and Conflict Resolution: There Are Alternatives to Fighting (2022, DRI Press) will draw connections between the Star Wars saga and negotiation and mediation practice and discuss the benefits that merging conflict resolution with pop culture poses for the ADR field. Through exploring Star Wars “case studies” and the questions and challenges they raise, participants will gain new insights into negotiation and mediation – whether in a galaxy far, far away, or one much closer to home. Join us for a fun and stimulating session exploring the complexities of mediation and conflict resolution through one of the most beloved cultural narratives of our time.
– Noam Ebner
LIVE IN-PERSON
Friday, October 27, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota
ONLINE REPLAY
Wednesday, November 15, 2023
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.
$345 MSBA members / $345 paralegals / $395 standard rate
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 6.0 credits.
The ADR Institute also qualifies for 6.0 continuing education in ADR credits, which are required by the Minnesota Supreme Court to remain on the state rosters of ADR neutrals.
