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~ COLORADO BAR ASSOCIATION ~

DISPUTE RESOLUTION SECTION

CONFERENCE HIGHLIGHTS:
■ Presentations featuring cutting-edge developments from neuroscience and adaptive systems concepts to inform and sharpen your
ADR practices in Workplace, Family, Civil/Commercial, Restorative Justice, Community and Elder settings.
■ Keynote Presentation by Stephanie West Allen, JD, recipient of the L. Randolph Lowry Lecturer aware, and creator of Brains on
Purpose™ programs, which show people how to use their minds to change their brains in order to break and create habits, increase
focus and awareness, and achieve goals.
■ Plenary Session by Wendell Jones, Ombudsman, Sandia National Laboratories, to highlight Complex- Adaptive Systems Theory, a
holistic and integrative method to resolving conflict, in contrast to traditional reductionist and analytical approaches.

LIVE ONLY: NOVEMBER 4, 2010


At the Renaissance Denver Hotel • 3801 Quebec Street • Denver, CO 80207 DISCOUNTS
FOR EARLY
REGISTRATION!
Submitted for 7 General Credits, Including 3 Ethics Credits See registration form
(You must attend the sessions that include an ethics component in order to claim ethics credits) inside for details
Register for this conference online at www.cobar.org/cle
Evolving Frontiers of ADR
4TH ANNUAL

Colorado Statewide ADR Conference

T
he Dispute Resolution field is rapidly evolving, and
FOUNDING PARTNERS:
Colorado is at the frontier of that evolution.
• Colorado Council of Mediators and Mediation Organizations
Colorado's 4th Annual Statewide ADR Conference
• Colorado Judicial Department Office of Dispute Resolution
will explore human development and how that development
• Colorado Bar Association Dispute Resolution Section
(physiological, cognitive and emotional) presents new
dimensions for the resolution of human conflict. National
SPONSORING
SPO NG ORGANIZATIONS:
ANIZ T NS:
experts, legislators and dispute resolution practitioners from
• Judicial
Ju ci Arbiter te Group,
Gr up, Inc.
nc.
across the state will present insights and developments in
• Regis
R s University
v r iy
conflict resolution, from neuroscience, to adaptive systems
• American
can Arbitration
Arbit io Association
Ass cia ion (AAA)
(
concepts, to tried-and-true tips and tricks from experienced
dispute resolution professionals. Come to the conference to
PARTICIPATING
ARTI IP T G ORGANIZATIONS: NIZ T S:
challenge your current thinking, to expand and improve your
• Colorado
C orado Society
S iet forf Human Resource
R s r Management
an ement
skills and practice, and collaborate with your remarkable
• Colorado
C orado Coalition
C li ion of Restorative
Res orat v Justice
J t ce Directors
Direc r
colleagues as we continue to evolve the dynamic field of
• University
ver y of Denver Conflict Resolution Institute
nv r Conf ict esolu on I t tu e
Dispute Resolution.
• University
ivers ty of Denver Law
aw Students
Stud s

Register for this conference online at


www.cobar.org/cle Conference support and administration provided by CBA-CLE

CONFERENCE SPEAKER PROFILES:

KEYNOTE ADDRESS: Stephanie West Allen, JD, has developed a ground-breaking mediation model that utilizes the latest findings in
neuroscience to facilitate resolution of conflict. In her Brains on Purpose™ programs, she shows people how to use their minds to
change their brains in order to break and create habits, increase focus and awareness, and achieve goals. She has been a mediator
for twenty-five years, and has practiced law in California. Stephanie has consulted with lawyers and law firms for many years, and
designs and presents Continuing Legal Education programs. She is the author of many articles on workplace and professional issues
for such publications as Lawyer Hiring and Training Report, Colorado Nurse, The Complete Lawyer, National Law Journal, Of Counsel,
Law Practice, Denver Business Journal,and TRIAL. Stephanie's latest award, given to her in 2008, was the L. Randolph Lowry Lecturer
reflecting Lowry's life-long commitment to educate mediators. She has designed and taught courses at Hastings College of the Law,
University of Colorado-Denver, and Regis University (Denver). Course titles included Settlement and Negotiation, Psychology of Conflict,
Law and Psychology, and Psychology of Prejudice.

PLENARY SESSION: Wendell Jones, Ph.D., started his career at Sandia National Laboratories in 1976. For fifteen years, he led a
research group studying the structural and corrosion properties of materials used in nuclear weapons, energy conversion systems, and
electronic materials. In 1992, Wendell established an ombudsman program for Sandia, bringing Sandia’s program to national
prominence in conflict resolution. Wendell has been active in the International Ombudsman Association serving as Vice President and
teaching numerous courses. Within the Sandia Advanced Concepts Group, he initiated studies in complex system theory, and the impact
of neuroscience on human system conflict. He is the chief negotiator in an effort to create a novel governance structure combining
assets shared by the the Department of Energy, the Department of Defense, the Office of the Director of National Intelligence, and the
Department of Homeland Security.
WHEN AND WHERE:

LIVE ONLY: THURSDAY, NOVEMBER 4, 2010


At the Renaissance Denver Hotel • 3801 Quebec Street • Denver, CO 80207 • Phone: 303-800-1314

E. 40th Ave
.

E. 39th Ave.

Parking at the Renaissance Hotel is complimentary.

CONFERENCE CHAIRS AND PLANNING COMMITTEE MEMBERS:

CONFERENCE PLANNING Tamra d'Estree Melissa Nicoletti Jean Stracy


CHAIRS: COMMITTEE: DU-Conflict Resolution Colorado Bar Association Decision Resources
Alicia Davis Kate Boland Institute Denver, CO Denver, CO
Office of Dispute Kate Boland, LLC Denver, CO
Resolution Denver, CO Debbie Reinberg Lois Tilley
Denver, CO Lisa Hughes ELDEResolutions Advanced Conflict
Jessica Campbell Denver Court Mediation Denver, CO Management
Lucia Lamprey University of Denver Services Denver, CO
Colorado Bar Association School of Law Denver, CO Martha L. Ridgway
Dispute Resolution Denver, CO Martha L. Ridgway, P.C. Louise Wildee
Section Deborah Koepke Louisville, CO A Dialogue Resource
Denver, CO Christine Coates 1st Choice HR and Aurora, CO
Attorney-Mediator Mediation Services Sue Rossberg
Holly Panetta Boulder, CO Boulder, CO CBA DR Section Don Wills
Office of Dispute Denver, CO Gunnison Mediation
Resolution Janet Dampeer Sam Lloyd and Consultants
Janet Koin Dampeer, LLC SuccesSystems, Inc. Robin Rossenfeld Gunnison, CO
Denver, CO
Denver, CO Boulder, CO R3Mediation, LLC
Terry Young Denver, CO Marty Wisott
Colorado Council of Dori DeJong Honorable Susan Macey Rocky Mountain
DeJong & Associates Judicial Arbiter Group Teresa Salerno Business Valuation
Mediators & Mediation
Denver, CO Inc., Denver, CO Denver, CO Denver, CO
Organizations
Forever Young & David Sondheimer
Susan Demidovich O. Russel Murray
Associates, LLC Colorado Springs, CO
2nd Judicial District ADR Source
Brighton, CO
ODR Program Englewood, CO
Administrator
Denver, CO

The 4th Annual Colorado Statewide ADR Conference is Submitted for 7 General CLE Credits, Including 3 Ethics Credits
(You must attend the sessions that include an ethics component in order to claim ethics credits)
CONFERENCE AGENDA - THURSDAY, NOVEMBER 4, 2010

8:00 a.m. Registration & Continental Breakfast

8:25 a.m. Welcome

8:30 a.m. KEYNOTE ADDRESS: Stephanie West Allen


The Mind and the Brain: 21st Century Insight for the ADR Professional
The reactive brain engages in a very different kind of conflict than does the reflective mind. What does recent
neuroscience tell us about taking control of the brain to facilitate mindful and collaborative solutions?

9:45 a.m. Break & Networking

10:00 - 11:15 a.m. BREAKOUT SESSIONS: Session I (Please choose 1 of 6 to attend)

1. Early Identification and Management of Difficult Clients


Assessing high-conflict personalities early can establish a strong foundation for negotiations. This session will
provide practitioners with tools for identifying the high-conflict client and understanding the client's core
triggers and beliefs. The session also presents specific management tools for keeping the process on track.
Faculty: Brook Olsen, High Conflict Diversion Program, LLC, Encinitas, CA

1.5 Ethics
2. Facilitating Intergenerational Conversations
Credits
Conversations among people of different generations can be complicated. This session will explore some of the
complexities and ethical issues that can arise out of intergenerational conflict.
Faculty: John A. Rymers, ELDEResolutions, Centennial, CO; Kathryn E. Miller, Littleton Alternative Dispute
Resolution Ltd., Littleton, CO; Debbie Reinberg, ELDEResolutions, Denver, CO; and Martha L. Ridgway, Martha
Ridgway PC, Louisville, CO

1.5 Ethics
3. Ethics Considerations in Mediation
Credits
Mediators and attorneys can come face-to-face with ethical issues during a mediation. This session will identify
and discuss many of these issues.
Faculty: O. Russel Murray, ADR Source, Englewood, CO

4. The Miracle of Mediation and Collaboration


This session examines the use of mediation as the centerpiece of the Collaborative Law Process.
Faculty: Peggy Walker, The Harris Law Firm PC, Denver, CO and Terri Harrington, Harrington Brewster & Clein
PC, Denver, CO

5. Construction Arbitration
This session focuses on the technically complex components of construction arbitration from the perspective of
the arbitration professional. Discussion will include dispute provisions for standard construction agreements,
industry use of arbitration, and the challenges faced by the neutral in establishing a thorough, yet efficient,
arbitration hearing.
Faculty: Richard Fullerton, Constructive Options, Denver, CO and J. David Arkell, Faegre & Benson LLP,
Denver, CO
CONFERENCE AGENDA - THURSDAY, NOVEMBER 4, 2010 continued

10:00 - 11:15 a.m. BREAKOUT SESSIONS: Session I (continued)


6. We Can Only See What We Want to See: Communication, Understanding, Cognition, and Stages of
Development in ADR
This session will identify the barriers that make communication and understanding so difficult.
Faculty: Joseph McMahon, Joseph P. McMahon Jr., LLC, Denver, CO

11:15 - 11:30 a.m. Break & Networking

11:30 - 12:30 p.m. BREAKOUT SESSIONS: Session II (Please choose 1 of 6 to attend)

1. Restorative Justice and Mediation: How They Fit Together


Restorative practices can help people move on from painful experiences. This session will explore how the
benefits of restorative practices can be applied to divorce, parenting, estate, and related issues.
Faculty: Ronnie Rosenbaum, Ronnie Rosenbaum Associates/VORP of Denver, Golden, CO

2. Restorative Justice in the Workplace


This session will apply the social-science approach to organizational structure, social-science analysis, and
restorative practices to conflict resolution in the workplace.
Faculty: Donald Wills, DBA Gunnison Mediation and Consulting, Gunnison, CO

1.5 Ethics
3. Persuasion Under the Radar: Psychological Influence During Negotiation
Credits
This session will identify the psychological principles that can be leveraged to create unconscious influence in
negotiations, how to use and defend against them, their relationship to concepts of fairness, and the ethical
implications involved in their use in negotiation.
Faculty: Daryl James, James, Kirsh Inness-Brown & Ware, LLC, Boulder, CO

4. Collaborative Practice: Overcoming Difficult Impasse with the Use of a Guardian Ad Litem, Case Facilitators,
and Collaborative Arbitration
Collaborative practice can often fail when parties are unable to resolve discreet issues or when a party is under
a disability. The presenters will discuss models of collaborative practice designed to overcome such obstacles.
Faculty: Ann Gushurst, Gutterman Griffiths PC, Littleton, CO and David Littman, David Littman PC, Denver, CO

5. Expanding the Circles


In addition to providing a brief overview of restorative principles and current processes in various settings, this
session will focus on controversies in restorative justice such as gaps in program evaluation and evidence.
The presenters also will discuss expanding restorative practices to new environments and including more
stakeholders.
Faculty: Gina Bata, CU-Boulder Restorative Justice Program, Boulder, CO and Jacoba Rock, Full Circle, LLC,
Denver, CO

6. Mediation Media: Use of Technology in Mediation


This session will provide an overview of the use and abuse of cutting-edge technology and electronic
presentations in the context of mediation.
Faculty: Dave Rudy, Just Accord, Inc., Black Forest, CO
continued on next page >
CONFERENCE AGENDA - THURSDAY, NOVEMBER 4, 2010 continued

12:30 - 1:45 p.m. Lunch – Legislative Developments with Senator Linda Newell.
Senator Newell will present her vision for the future of Government and ADR. How can we, as dispute
resolution practitioners, promote policies that support conflict resolution principles?

1:45 - 3:00 p.m. BREAKOUT SESSIONS: Session III (Please choose 1 of 6 to attend)

1. The Mind and the Brain: 21st Century Insight for the ADR Professional - Continued
The reactive brain engages in a very different kind of conflict than does the reflective mind. What does recent
neuroscience tell us about taking control of the brain with the mind to facilitate mindful and collaborative solutions?
Faculty: Stephanie West Allen

2. Does Colorado Need a New International Arbitration Act?


This session will identify weaknesses in our current system of arbitration in regard to international dispute
resolution and identify how adoption of the United Nations Commission on International Trade Law (UNCITRAL)
Model Law on International Commercial Arbitration could help to promote international business in Colorado.
Faculty: Todd A. Wells, Gleason Wells, PC, Denver, CO

3. Arbitration-From Agreement to Award


This session will address arbitration clauses and choice of law, arbitrator disclosures and disqualification,
management of the arbitration process, and issues surrounding arbitration awards and vacatur.
Faculty: James Stone, ADR Source, Englewood, CO

4. The Neurobiology of Conflict


This session will identify how the brain processes the states of mind that naturally exist during conflict. Issues
will include how participants' states of arousal affect the mediation process and types of interventions that can
assist participants to remain present during the conflict-resolution process.
Faculty: Barbara Shindell, Barbara Shindell, LCSW, LLC, Centennial, CO

5. Conflict Coaching: A Powerful ADR Tool


This session will define conflict coaching, identify a conflict-coaching process, invite attendees to participate in
a conflict-coaching demonstration, and discuss what is involved in becoming a conflict coach
Faculty: Robin Amadei, Common Ground Mediation Center, LLC, Lafayette, CO

6. Power, Privilege, and Prejudice


This session will critique traditional mediation in light of multicultural realities and consider how traditional
mediation often institutionally and individually reinforces privilege among disputing parties.
Faculty: Pearl Bell, The Conflict Center, Denver, CO

3:00 - 3:15 p.m. Break & Networking

3:30 - 4:45 p.m. PLENARY SESSION


Radical Insights From Neuroscience and Complex Adaptive System Theory: Creating Community
This session will explore complex system theory, and the impact of neuroscience on human system conflict with
an eye towards creating a holistic and integrative method to resolving conflict.
Faculty: Dr. Wendell Jones, Senior Scientist, Sandia Laboratories, Rockville, MD

4:45 p.m. Adjourn


4TH ANNUAL COLORADO STATEWIDE ADR CONFERENCE

4 EASY WAYS TO REGISTER ... LIVE CONFERENCE ORDER FORM

Register by PHONE... LIVE ONLY: THURSDAY, NOVEMBER 4, 2010


when using VISA or MC or Amex.
In Denver: (303) 860-0608 At the Renaissance Denver Hotel • 3801 Quebec Street • Denver, CO 80207
Toll-Free: (888) 860-2531
EARLY BIRD PRICING - REGISTER EARLY AND SAVE UP TO $50
Or FAX form to... TUITION ENCLOSED: On or before 10/21/10 After 10/21/10

when using VISA or MC or Amex. • Students: ............................................................................................❏ $129 ................❏ $199


FAX to: (303) 860-0624 • Founder (CBA DR Section, ODR, CCMO Members): ................❏ $149 ................❏ $199
• Judicial Employee ..........................................................................❏ $149 ................❏ $199
• Nonprofit (Mediation program volunteer or staff):....................❏ $149 ................❏ $199
Or MAIL form to... • Member (CBA, SHRM, Government Employee): ......................❏ $169 ................❏ $209
CLE in Colorado
• Other: ..................................................................................................❏ $189 ................❏ $239
1900 Grant St, Suite 300
Denver, CO 80203-4303
TOTAL ENCLOSED $
Or register ONLINE...
when using VISA or MC or Amex. TUITION ASSISTANCE IS AVAILABLE!
go to www.cobar.org/cle To apply for a scholarship, contact CCMO at jdampeer@comcast.net.
CONTRIBUTIONS TO THE SCHOLARSHIP FUND ARE WELCOME!
Contact CCMO at jdampeer@comcast.net
HOTEL INFORMATION:
For information on room rates at Conference fees reflect the organizers’ desire to make the Conference accessible
the Renaissance Hotel, or to make to all of Colorado’s ADR practitioners, including volunteers, students, and
reservations, please call practitioners in rural Colorado, recognizing their contributions by keeping cases
(303) 399-7500. out of court and helping individuals and communities.

Name(s) ________________________________________________________________________ Attorney Reg. No. __________________________________________________________________________________________________________________________________________

Firm/Organization ______________________________________________________________________________________________________________________

E-Mail ____________________________________________________________________________________________________________________________________________________________________

Street Address __________________________________________________________________________________________________________________________________________________________

City ________________________________________________________ State ____________________ Zip _______________________________________________________________________________________________

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Payment Information: ❏ Enclosed is my check made payable to CBA-CLE ❏ VISA ❏ MasterCard ❏ Amex

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Signature ______________________________________________________________________________________________________________ (Source Code: ADR110411L)


Required for credit card orders

All registrations must include a check or charge card information. Mail to CBA-CLE, 1900 Grant St., Suite 300, Denver, Colorado 80203-4303.
You may register by phone or fax when using MasterCard or Visa. Phone 303-860-0608 • Fax 303-860-0624

Internal Use Only: Check Number: Approval Number:


Nonprofit Org.
LIVE ONLY: NOVEMBER 4, 2010 U.S. Postage
At the Renaissance Denver Hotel PAID
Permit No. 1638
1900 Grant Street, Suite 300, Denver, Colorado 80203-4303 Denver, CO

• Colorado Council of Mediators and Mediation Organizations


• Colorado Judicial Department Office of Dispute Resolution
• Colorado Bar Association Dispute Resolution Section
• Colorado Bar Association CLE

DISCOUNTS FOR EARLY REGISTRATION!


Register for this conference online at www.cobar.org/cle

Colorado Council of Mediators and Mediation Organizations • Colorado Judicial Department Office of Dispute Resolution
Colorado Bar Association Dispute Resolution Section • Colorado Bar Association CLE

LIVE ONLY IN DENVER: NOVEMBER 4, 2010


At the Renaissance Denver Hotel • 3801 Quebec Street • Denver, CO 80207 • Register for this conference online at www.cobar.org/cle

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