AuthorGuest Editors: Alfred Mills, Esq. and Ellen (Nell) Coogan, Esq.

Vermont Bar Journal


Fall 2010-#7.


THE VERMONT BAR JOURNALVolume 36, No. 3Fall 2010SPECIAL ISSUE: ALTERNATIVE DISPUTE RESOLUTIONGuest Editors: Alfred Mills, Esq. and Ellen (Nell) Coogan, Esq.

This issue of the Vermont Bar Journal was conceived almost a year ago by a group of Vermont mediators at a meeting designed to share ideas, insights, and support related to mediation practice. Everyone at that meeting agreed that the time was ripe to dedicate an issue of the Journal to the ever-evolving field of ADR. Four of those present at the meeting appear here as authors.

Shortly after that meeting, the VBA's ADR Committee put out a call for writers, and what follows on these pages is the result. While no single issue of the Journal can comprehensively cover all of the broad and rich topics of ADR, the articles in this issue address an impressive spectrum of themes and perspectives on the subject.

In their article on the history, philosophy, successes, and challenges of the Vermont Family Court Mediation Program, Susanne Terry and Christine Packard highlight the importance of mediation, and parent coordination, in the family arena. In her article, Phyllis Rubenstein shares her experience with the rise of Collaborative Law here in Vermont and nationally.

Emily Gould, the Chair of the ADR Committee, explores the important recognition of our "common humanity" by the Vermont Supreme Court a decade ago and how empathy can play such a valuable role in mediation, in law practice, and in life. Angela Eastman strikes similar themes in her article on the power of apology and forgiveness in the context of any form of conflict resolution.

Four civil litigators with many years of mediation experience offer their insights on mediation in the civil litigation arena. Tad Powers tracks, from the perspective of advocate and mediator, the evolution of mediation as it has been practiced in the Vermont legal community in the last twenty or so years. James Spink offers practical tips for plaintiffs and defense counsel as they prepare for and participate in mediation. And Michael Palmer...

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