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Presenter at ADR Commission’s March 14, 2014 “Alternative Dispute Resolution Conference”

June 1, 2014

The ADR Commision's March 2014 state-wide Conference was a great success.  I was able to be a presenter and moderator for a special mediator track training on "Challenges when Mediating with Government Entities or When Board Approval is Required to Settle the Case".  While co-presenting with Mark Hayes, Legal Director for Arkansas Municipal League, and Ryan Owesly of the Arkansas Attorney General's office, we tried to answer such questions as Who is the attorney's client?  When can the mediator meet privately with a public body?  What is impact of Arkansas' Freedom of Information and open meeting requirements?  Can the mediator order all persons with settlement authority to participate in the mediation?  Can a public body insist on a confidentiality provision?  Can mediator advise the Court if parties mediated in "good faith"?  What about the confidentiality of a pre-mediation statement on the part of a public entity?  What if pre-mediation statement includes personnel action taken during executive session of the public entity?  Audience questions kept this presentation interesting and informative.

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