TBA Law Blog

Posted by: Christy Gibson on Feb 28, 2014

Letter from the Chair:

Hello everyone, I am so pleased to announce that we have a Newsletter editor, Ruth Hillis, who has taken on the job of getting out a quarterly newsletter for our Section.  Please send any articles, comments, or ideas to her and she will work with you so that you can contribute. 

1.  The DR Section Executive Council has been busy with several projects.  First, we have a fantastic Annual Seminar scheduled for Thursday, April 24, at the TBA Center in Nashville.  We have a theme and speakers, and we will soon have a captivating title!  Suffice to say, the seminar will be about all things to do with Negotiation, and will include presentations on strategies, problems, ethics, as well as live action demonstrations on technique.  This seminar is designed for both new attorneys and seasoned attorneys, civil and family.  All of us are interested in settlement, how to obtain it, what process to use, and whether and how to involve our clients directly.  So plan to attend, and look for more information to be coming your way soon. 

2.  Earlier in 2013, the Tennessee Supreme Court’s Alternative Dispute Resolution Commission (ADRC) proposed changes to TSC Rule 31 and asked for comments from DR professionals.  In the Fall, our DR Section agreed to submit comments on two proposed changes.  The Section comments were submitted by TBA in January, 2014.  What was ultimately submitted by the TBA to the ADRC was more condensed than the original comment, but captured the essence of it very well.  The proposed change regarding whether mediators can act as “scriveners” in the mediation and maintain their role as a neutral is particularly important for those who work with pro se participants, a common occurrence in domestic matters where parenting mediation is an everyday event, expected and desired by the courts.  It also requires some clear-headed and careful thinking by the Bar to outline a path in which the mediator scribe does not overstep and engage in the unauthorized practice of law.

There seems to be a lot more discussion needed on this topic, and we hope we will inspire you to share your thoughts with us. 

Thanks so much for all you do!  

Jackie Kittrell