Practice Tip:
Growing the ADR Industry Begins With US            

While average Georgians are not inclined to want to deal with a legal system or its acolytes, they don’t seem to think that they have a choice where there’s a legal wrong to be addressed.  No matter the grievance, whether they’ve suffered a physical or economic injury, they feel like they simply have to deal with the legal system.  As members of the ADR team, we need to do a better job of educating the public on the alternatives. And we can do that best by pointing out the facts at every opportunity in a way that gets their attention.

  Tracy Ann Moore

Practice Tip:
Arbitration: The Other Alternate Dispute Resolution

All of us have been in these kinds of situations: a client comes to you with an issue that is causing high conflict with a former spouse, but it seems too minor to litigate.  Or perhaps you are in mediation and all of the major issues are agreed upon, but you just can’t get a decision on one issue, like the morals clause or division of personal property. Perhaps your client feels that the judge assigned to the case is biased or your experience indicates the judge may likely rule against your client on a particular issue.  Although it may seem like it’s time to just throw in the towel and litigate, it is important to consider a different way to resolve cases -- arbitration.
 

     Ray Chadwick

Practice Tip:
What You Might Say When Asked About Mediation - Part II 

I no longer say that what is good about mediation is that it results in a “win-win” for those involved.  Rather, I have come to believe, and say, that what is good about mediation is that it is a “no lose-no lose” opportunity.  In the words of Messrs. Jagger and Richards, you get what you need to end a lawsuit or dispute.

Marketing Tip:
Seven Specific Ethical Marketing Issues

While we previously have discussed the ethical hurdles that arise when marketing your practice in the digital era, a recent speech I gave in front of a national group of mediators brought fresh ethical issues to mind and expanded my thoughts on those that we have already discussed.  A sampling of these thoughts are presented for your consideration.

Practice Tip:
College Tuition Clauses in Divorce Settlement Agreements

On May 11, 2015, the Supreme Court of Georgia issued a decision regarding the interpretation of a divorce settlement agreement’s clause that required, paraphrasing here, the Father to pay for college tuition for his daughter “for so long as the child - attends school full time.”  What prompted the dispute was Father’s refusal to reimburse Mother for her payments of multiple semesters of college tuition.  His argument: the daughter attended college only part time.

"In the News" is a new feature of the GODR newsletter designed to keep readers abreast of happenings with their fellow ADR practitioners.  Whether it be awards, a new book published, a profile published, etc., we want to know about it so we can share it with you and others.
 

Elmira B. Barrow, a 1996 graduate in Political Science from the University of West Georgia, received the "Service to Humanity" award from UWG’s national alumni association on April 11, 2015.  The award is given to a person whose service to humanity enriches persons or community while bringing credit to the UWG and or the alumni association.  According to UWG alumni association, Elmira was recognized for her expertise, conscientious service, and tireless advocacy for the advantages of mediation in Carroll County and in the Coweta Judicial Circuit.  Over the course of her involvement in the field of mediation, Elmira, currently coordinator of the Coweta Judicial Circuit ADR Program and the Carroll County Mediation Center, has secured access to mediation services for persons in superior, state, magistrate, probate, and juvenile courts in the Coweta Judicial Circuit.  In addition, the association said, she has gone above and beyond the call of duty to educate UWG students and the general public about alternatives available to them for resolving disputes in ways that have the potential to achieve win-win-solutions.  She has also provided invaluable internship opportunities to UWG students and to students enrolled at Kennesaw State University's Master of Science in Conflict Management program.  The association added that Elmira's dedication and commitment to making a positive, transformative difference in human lives through the mediation of disputes between and among local citizens of all ages has been evident to anyone fortunate enough to have worked with her.
 

We all read articles in the general media that talk about how mediation is used, about court decisions involving mediation, or about tangential issues such as body language and negotiation.  "What We're Reading" is a new section of this newsletter designed to share some of the best of those articles with you.  Inclusion of articles here does not imply an endorsement of the author's thesis - rather they are included to spur discussion among you and your colleagues.  Read something recently that others would enjoy ?  Send it along, and we'll look at publishing it in the next issue.
 

Check frequently at our website for the latest CE and training offerings.  Remember, any ADR-related training you take counts as CE as long as you took it since your last renewal or your initial registration, whichever comes later.  Lawyers, any CLE you took during that same time period counts as CE.  Likewise, judges and CJE.  Accountants and other professionals with CE requirements, same thing.

And remember, we have posted videos on our website that registered neutrals can watch for free to earn CE credit.  Each video is at least one-hour long.  Neutrals are free to watch the videos as many times as they wish, but we can only award 1 CE hour credit for each video once a renewal season.  Please note the date you finished viewing each video so you can report it on your renewal form.  Remember, registered neutrals are required to take at least 3 hours of CE each year in order to renew their registrations.  Look for the link, “Continuing Education Videos,” in the main menu of our website.  For more information on what qualifies for CE, please see the “Help! I Need CE!” link  link on our website.
 

Please forward this newsletter to anyone who might be interested in ADR in Georgia courts.  Forward it just as you would any other e-mail.  If folks who are not registered neutrals want to receive the newsletter free of charge, they can submit their e-mail addresses in the subscription box at the bottom right of the home page of our website. And sending us feedback is easy – just reply to this e-mail as you would any other e-mail.  We want to hear from you !

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