UCCR Brown Bag Lunch Presentations
These interactive luncheons will be held the third Thursday of each month starting in March from 12:00 p.m. to 1:00 p.m. at the Law & Justice Center located at 645 South 200 East, Salt Lake City.
If you or someone you know would like to present at a Brown Bag, please let us know. Also, if you have a topic you would like us to address and want us to find a speaker, let us know that too!
"What You Need to Know About Tax Issues When Mediating a Divorse"
Tax issues in a divorce can be over simplified and have major economic consequences if not handled properly! Tax issues in a divorce can also be made to be too complicated when they don't need to be! When mediating tax issues in a divorce there are some basic things to ask and issues to consider while negotiating that can be misunderstood. Natalie will explain the value of these issues as well as how to avoid potential problems.
Natalie Threlkeld is a master mediator in private practice. She is the owner of Agree-able Mediations and mediates throughout the state of Utah. She worked for the IRS for 26 years. She taught tax law and tax accounts both nationally and locally. Natalie facilitated and intervened with dysfunctional teams, and worked closely with the union that represented all treasury department employees. She wrote a 600 page training manual on how to facilitate groups and their employee satisfaction that was distributed and used throughout the IRS. She worked for the Administrative Office of the Courts as the domestic mediation program coordinator. When mediation was made mandatory for contested divorces in 2005 she designed and implemented the divorce mediation program. She was on the Board of Trustees for UCCR for 7 years and helped create both the Family Section and the Workplace Section of UCCR and served as the Chair of each section. Natalie is on the court roster, teaches mediation classes, and mentors new domestic mediators. Natalie also has a real estate license.
"Conflict Resolution as a Form of Civic Participation"
By providing examples of good and bad conflict resolution from both sides of the political aisle. "We are more alike than unlike" (as Dr. Maya Angelou taught) and that by recognizing our collective American faith in government, we have more to gain by thinking of individual citizenship as a verb (that goes beyond voting). How can we "do" civics and "be" a citizen, beyond casting a ballot or running for office? How can we engage our citizenship more fully by honoring the deeply American ideals of dissent and difference - in our homes, backyards, athletic endeavors, neighborhood issues, social causes, political activity, legal disputes, international diplomacy, and the public displays of our national politics.
Michelle Oldroyd serves as Director of the Utah Commission on Civic and Character Education, with the Office of the Lieutenant Governor. Ms. Oldroyd is a well-established lawyer who received her Juris Doctorate at the S.J. Quinney College of Law, University of Utah, and works there also as an adjunct professor teaching a service learning class for second and third year law students. Prior to attaining her current position with the State of Utah, Ms. Oldroyd served as the Alternative Dispute Resolution Administrator and Staff Attorney for the United States District Court for the District of Utah. She worked at the district court for over 10 years, where she mediated complex litigation and employment matters. She also served as a media liaison for the district court for high profile trials by managing press relations and security issues. Honored for her efforts and work philosophy, Ms. Oldroyd was named UCCR Peacekeeper for mediation in Utah, earned the Scott M. Matheson Award by the Utah State Bar for her contributions to law-related education, was named on the list of Utah’s Legal Elite, and was chosen as one of 12 Distinguished Government Professionals in America for her public service. In October 2015, Ms. Oldroyd was named one of the Elite Women Professionals for the United States, highlighting her reputation for high ethics and professionalism in public service. A feature article in the national business publication, Pro-Files Magazine, is forthcoming on Ms. Oldroyd’s efforts in law and education.
"The Skills and Ethics of Bad News Counseling"
– Linda Smith
Ethics credit available
Mediators and attorneys can all relate to a situation where they realize there are no choices available to achieve a client’s goals – “The abandoned spouse cannot prevent the divorce or avoid an order for visitation, the thief cannot stay out of jail, the business cannot escape paying damages, and the tenant will be evicted. Of course, the amount of visitation, jail time or damages can be greater or smaller and the eviction may be delayed a bit; but the outcome the client wants to avoid is inevitable.” – In such cases we must also be able to deliver “bad news” to clients and it is at these times that “the skill of informing and explaining empathically takes priority.” Professor Linda Smith has drawn from the medical world and other research in developing a model to be used in delivering bad news in the legal arena.
Linda Smith, Medical Paradigms for Counseling: Giving Clients Bad News, 4 Clinical L. Rev. 391-92, 1997-98.
Linda Smith is a Professor of Law and Clinical Program Director Professor Smith has directed and developed the Clinical Program over the past two decades, receiving the University of Utah Distinguished Service Award in 2006 in recognition of this work. She aspires to combine students' service with their study of lawyering skills and ethics to produce greater self-knowledge while providing representation to needy clients and governmental entities. Her clinical work began at Yale Law School where she participated in the prison legal services clinic and continued at Greater Boston Legal Services where she was the senior attorney in family law and supervised Harvard Law clinic students. Professor Smith's scholarship spans three areas. She writes about the pedagogy of clinical legal education and civic engagement, and she focuses on the intersection of the lawyer's skills and ethics. Her judicial clinic article was a seminal piece about supervising and teaching judicial clinic interns. More recently, she has focused on the skills of client interviewing from the perspective of conversation analysis. Her scholarly work, her teaching, and her service merge in her most recent writings about pro bono programs and the need to provide access to justice for all. Professor Smith also "walks the walk" by providing brief advice and full representation in challenging family law cases on a pro bono basis. Professor Smith teaches Legal Profession, Family Law Practice, Poverty Law, Lawyering Skills (Interviewing, Counseling, & Negotiating), and other clinic-related courses.
"The Benefits of Emotional Intelligence in our Practice: Why the mediator matters"
What role does emotional intelligence play in mediation? Does it apply only to parties embroiled in conflict or is it applicable to practitioners as well? Analyzing the subject of emotional intelligence allows mediators to examine their own feelings about displays of strong emotion in an effort to support parties through the process. This presentation demonstrates why the mediator matters and draws on articles and studies on emotional intelligence skills in mediation.
Chris Wilson, Ph.D Candidate
Chris Wilson has been coaching and teaching conflict resolution, communication, and emotional intelligence concepts since 2008. She holds a master’s degree in criminal justice from Weber State University along with a post graduate certificate in conflict resolution from the University of Utah. She is currently a Ph.D. candidate in conflict resolution studies at Nova Southeastern University. Her dissertation focuses on a conflict resolution and emotional intelligence course she created and has been teaching to inmates for three years. She previously worked at juvenile court for 17 years. The last five years with the courts she served as a court program coordinator facilitating victim/offender and truancy mediation programs. She provides training for organizations, students and community members and presents at local and national conferences. She resides in Utah with her husband of 35 years. They have three grown children and four grandchildren.
"Mediation 101F - Help Me Help You"
Description – “In order for a mediation to have its best chance to succeed, both the mediator and the participating parties need to work together in ‘helping’ each other achieve a resolution that is better than litigation. An awareness of how to ‘help’ one another throughout the mediation process is fundamental in building a foundation for a successful mediation.”* Mr. Scott will present helpful tools for a successful mediation with an emphasis on multi-party mediation.
As a trial attorney with over 43 years of experience, Mr. Scott has primarily been involved in the prevention and resolution of construction project disputes. He represents surety bond companies, general contractors, owners, design professionals, subcontractors, suppliers and various trade associations.
Mr. Scott has tried 85 cases (12 by jury); mediated over 300 disputes; and arbitrated 175 disputes (20 Large Complex Case matters ranging from $1,000,000 - $54,000,000). Matters include: public works, industrial, mining, commercial buildings, highway, utility, infrastructure and offsite improvements, condominiums, dams, and custom homes.
Mr. Scott serves as a panel member (Mediation and Arbitration) for the American Arbitration Association (Large Complex Commercial and Construction Case). He also serves on the panel of arbitrators and mediators for the United States District Court (Utah) and the Utah State Courts. He is a member of the American Bar Association’s Section on Dispute Resolution and the Utah Bar Association’s Section of Dispute Resolution (former Chair). He is a frequent author and speaker on the subject of dispute resolution.
*Mediation 101 – “Help Me Help You” Musings of a Mediator and an Attorney, Utah Bar Journal, Vol. 28 No. 1 pp. 18-22
"60 Substantive Issues That May Come Up In Your Next Mediation and How to Address Them"
Description – This presentation is a “rapid fire” of 60 substantive issues in mediation that come up across many different practice areas and how to address them if they do come up or avoid them from coming up at all.
Ben W. Lieberman
Ben W. Lieberman is an attorney and mediator who practices in the areas of family/domestic law, commercial litigation, real estate litigation and personal injury. Ben began his career as a law clerk to two federal judges, and over the last 13 years, he practiced at very large and very small law firms before opening up his own practice in 2008. He is the current President of the Dispute Resolution Section of the Utah State Bar.
Domestic Violence Panel
"Gender Differences in Negotiation"
-James Holbrook and Stacy Roberts
Description of Topic:
We have all heard there are different styles and approaches to a negotiation that may stem from our training, experiences, or history of conflict. But how often do you realize that gender may affect not only how you negotiate, but how others perceive you when you are negotiating. As the facilitators of communication and negotiation, mediators should be cognizant of the expectations and approaches to negotiation that may be affected by the gender of the parties to mediation, as well as the gender of their attorneys. This discussion will provide an overview of gender differences to a negotiation, specifically social expectations, inferences, presumptions, motivations and reactance, and how you can better prepare for mediation given these differences.
At the Scott Matheson Court House 450 South State Street, SLC
(W-19, Conference Room A on the First Floor)
"Changes to the ADR Disposition Notice and Self Help Center Form"
-Nini Rich, ADR Director Administrative Office of the Courts
"Attorney Preferences When it Comes to Mediation"
-Patrick Burt, Kipp & Christiansen, P.C and Gabe White, Christensen & Jensen
Description of Topic:
As more areas of law are required to mediate before heading to trial, either out of agreement, court order, or state law requirements, the attorneys are building their own approaches to prepare for mediation, select mediators, and how to use their mediator before and during mediation. Straight from the attorneys, a discussion of how they prepare, how they select their mediators, what mediators do that is useful (or less useful) at mediation.
17th Annual UCCR Symposium
"Accountability & Conscience in Dialogue"
Friday, May 15, 2015
At the Utah Law & Justice Center
No Brown Bag
"Peacebuilder Scholarship Program Introduction and Conflict Resolution in Children’s Literature"
-Marcy Fetzer, Professor, Brigham Young University
Description of Topic:
“One night while reading to my four children, I made a discovery that changed everything I thought I knew about teaching Communication. The book was, Click, Clack, Moo by Doreen Cronin. It is a book about cows, a duck, and a farmer who were negotiating a trade of milk for blankets. There is a standoff, compromises are made, there is give-and-take, and eventually the cows and the farmer settle on a comfortable resolution for both parties. After many years of studying and teaching at the University level, I was astounded by this book’s ability to make the complexity of negotiation and communication come to life in such a vivid, illuminating, and simple way. I decided to search for other picture books that had a similar effect and found many. I found many and realized that these picture books could help children (and adults!) learn how to become better communicators in a very effective way. They were simple yet complex, humble yet powerful.”
Dr. Marcy Fetzer is professor of management communication in the Marriott School of Management. She earned her Ph.D. in Communication Education, with an emphasis in Organizational Conflict. Dr. Fetzer’s scholarly work investigates the discursive structures of conflict, where transformative dialogue intersects with traditional bureaucratic organizational form. Her dissertation—an ethnographic study of peer mediation at an alternative high school—highlighted students’ experience of learning and practicing the conflict resolution principles and practices of peer mediation within the environment of alternative schooling.
-Russell Wood, Ph.D., University of Utah, Department of Communication Professor
Description of topic
The essence of mediation is communication and negotiation between parties. As mediators we facilitate this dialogue, which includes our own communications and those of the parties. It is important to realize and understand that the messages we send to others as we talk contain two major elements: content and relational instructions, which are different from verbal vs. nonverbal cues. Professor Wood will explain the importance of understanding the essence of relational communication, and recommendations for being a successful communicator.
"You call that an Apology?": Using a Double-Edged Sword Effectively"
Description of topic:
We all make and hear apologies in one form or another on almost a daily basis. Sometimes they’re effective and other times they backfire. As mediators we often facilitate dialogue with parties demanding, requesting, needing, refusing, or willing to make an apology. It is important to recognize and understand the elements of an effective apology. Mr. Kelson will discuss the distrust of apologies in litigation, the importance of an effective apology and recommendations for effective apologies.
Stephen D. Kelson is a shareholder at the office of Christensen & Jensen PC, in Salt Lake City, Utah, where his practice focuses on commercial litigation, personal injury and mediation. He earned his B.A. and M.A. degrees from the University of Utah, his J.D. degree from the J. Reuben Clark Law School, and Master of Dispute Resolution from the Straus Institute for Dispute Resolution at the Pepperdine University School of Law. He has conducted over 500 mediations, including cases involving professional liability, personal injury, and commercial and employment disputes.
Mr. Kelson served as the Chair of the Dispute Resolution Section, and he served as the Chair of UCCR from 2014 through 2015. His professional recognitions include the Utah Judicial Council’s 2011 Service to the Courts Award for outstanding contribution to Utah’s judicial system
"Domestic Violence: The Elephant in Your Room"
Topic & Discription: Domestic Violence: The Elephant in Your Room
Past domestic violence within a party's relationship adds a different dynamic to the mediation process and additional concerns for safety. This presentation instructs mediators about the stereotypes and judgments we personally carry into the mediation room, how to identify possible domestic violence influences in the mediation and how to successfully navigate these issues to workable and safe solutions.
Presenter: Roshan Richards, M.A.
Roshan Richards is a Utah court-rostered domestic mediator and business owner who brings an in-depth “awareness & safety” perspective to mediation through her unique background and training. Early in her career, Richards served as Director of Programs for At-Risk Youth in school districts in both Iowa and Utah where she worked with students of drug addiction, sexual assault victimization and perpetration, and gang affiliation. In 2010, she received a master’s degree in forensic psychology from Argosy University, specializing in victim/perpetrator psychology with an emphasis on serial rapist hierarchy and behavior. After graduating, Richards worked several years for the Provo Police Department as a victim advocate, overseeing a community grant that served teen and adult victims of domestic violence, sexual abuse, sexual assault, and stalking, then subsequently for the Utah County Attorney’s Office as a victim witness coordinator. During this time, she became certified in the Campbell Danger Assessment Tool and as a child sexual assault interviewer through Utah County in the Lyons’ method. She has presented numerous times on different aspects of domestic violence for local police forces, mediation trainings, local conferences, and crisis centers.
November and December
No Brown Bag Presentations
Stacy Roberts, UCCR Board Member
and Brown Bag Event Chair
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