Article
| Publication year | 2014 |
| Pages | 35 |
| Citation | Vol. 27 No. 6 Pg. 35 |
November, 2014
The Dispute Resolution Section: Celebrating 15 Years
Stephen D. Kelson, J.
Many well-seasoned practitioners can recall a time when trials were the norm and anything more than direct negotiations between parties and counsel was considered taboo or supposedly showed weakness. The practice of law has changed significantly, and well-informed counsel and clients recognize the benefit of other methods to resolve conflicts and disputes. This year marks the fifteenth anniversary of the Dispute Resolution Section of the Utah State Bar (DR Section).
For the few, if any, who don't recognize the term, "alternative dispute resolution" (ADR) refers to informal dispute resolution processes where the parties meet with a professional third party, who assists resolution of disputes in a way that is less formal and often more consensual than litigation. While the most commonly utilized forms of ADR are mediation and arbitration, there are many other forms, including judicial settlement conferences, facilitation, early neutral evaluation, ombudsmen, special masters, etc. Though generally voluntary, ADR is mandatory in Utah divorce proceedings, and it may be ordered by the court prior to trial in other cases.
The Beginning
The use of ADR has increased rapidly in America since the 1960s. Its application started to become mainstream in the Utah legal practice in the late 1980s and early 1990s. In 1998, Karin Hobbs, Kent Scott, and Nathan Alder formed a committee that participated in the Utah State Bar's Governmental Relations Committee to observe ADR legislation and subsequently moved forward with the prospect of creating a Bar section for dispute resolution. In May 1999, the DR Section was founded with the four-fold purpose of (1) providing high quality continuing education opportunities for the Bar, state and federal judiciary, and others involved with alternative systems and forums for dispute resolution; (2) providing opportunities and forums to network and exchange ideas regarding dispute resolution; (3) monitoring legal and political issues relevant to alternative dispute resolution and making recommendations to the Bar; and (4) undertaking other services to benefit the section members, the legal profession and the public.
DR Section Leadership
This past October, at the DR Section's annual meeting, its members had the opportunity to elect leadership for the section. For...
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