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  • ACDR: Mediating Copyright and Intellectual Property Disputes
    statutory licenses change only every five or six years but agreements between parties rarely exceed 18 months because the parties are unable to forecast further than that period of time Infringement and patent cases can take even longer to resolve Ironically by the time a case does make it to the court generalist judges and juries are ill equipped to evaluate the complex nature of the changes that have occurred within the industry To further complicate matters the statutory process for the determination of rates and terms of copyright statutory licenses by the judges is very detailed and extensive The minimum time involved in the disposition of cases pending before the Copyright Royalty Board is 24 months with a very high volume of discovery and pleadings in the interim Because the judges and the parties may not tailor the process to fit the specific issues these limitations greatly increase the cost of litigation Additionally important factors some of which are described above are often excluded in the litigation proceedings The restructuring of business models across various parts of the industry is not considered The parties do not and often cannot present evidence of many of these factors and interests important to their positions on rates and terms because the proceedings are adversarial As such they are subject to restrictive procedural and evidentiary rules A fact finder may receive only a small segment of the facts important to the parties and is often tasked with rendering good decisions based on a sliver of the pertinent information Certainly the proceedings push the parties into a win lose paradigm versus a win win paradigm and the positions presented by the parties are in the best interest of that party only and not in the best interest of the industry or the public at large Business relationships are a casualty of litigation Intellectual property disputes often arise within small business communities In the copyright arena there is much consolidation and streamlining of the industry Publishers are merging record labels are consolidating worldwide Internet radio is moving into large national companies or associations satellite radio and cable television providers are shrinking and service providers are consolidating into fewer companies All of these compete aggressively but at the same time they have to work together to deliver products and services to the consumer Unfortunately relationships are bruised during the attacks and counterattacks of litigation Another impediment to the legal process is the limited set of available remedies Legal remedies are fixed and finite they may solve the problem or they may not They are imposed on the parties rather than adopted by the parties Legal remedies result in one party winning and one party losing Compliance may be begrudging limited delayed or even nonexistent Disputes often arise as a result of uncertainty about the law and its interpretation The work of the copyright royalty judges in the first six years 2006 12 afforded the parties the beginnings of stability From my experience as a federal trial judge as chief judge of this court and previously as a U S bankruptcy judge my service as chair of the National Conference of Federal Trial Judges and as chair of the Judicial Division of the American Bar Association I can state that the inaugural copyright royalty judges were unusually collegial uniform and consistent in their decisions The inaugural judges were unanimous on every decision except for very limited strategic dissents designed to encourage the United States Court of Appeals for the District of Columbia Circuit to address a specific issue Indeed the circuit court affirmed in this early going every substantive decision of the Copyright Royalty Board Since June 2012 however every one of the inaugural judges has left the court As chief judge I left before the direct testimony in the satellite radio proceeding began the economics judge left before the rebuttal testimony began and the copyright judge left after the determination was issued This last judge with decades of copyright experience stayed longer to afford stability and consistency to the new chief judge and the interim judge As it turned out he dissented to the majority decision rendered by the two new judges During this same period Congress initiated hearings regarding proposed changes in copyright law copyright statutory licenses and the regulation of those licenses Indeed the very structure of the Copyright Royalty Board may be replaced with a new system Clearly this is not a period of stability and predictability This instability is exaggerated when such huge sums of money are involved and with uncertainty and ambiguities in the regulated industries creating greater problems in the legal process Mediation as an Alternative Alternative dispute resolution emerged in the 1980s as a proposed answer to public dissatisfaction with the clogged and cumbersome court processes facing disputants In particular mediation arose as a way for parties to take matters into their own hands and to determine their own fate Mediation is a negotiation that takes place between disputing parties and is facilitated by a neutral It provides many potential advantages over litigation as a tool to resolve copyright and intellectual property disputes generally The first of these advantages stems from the control parties retain over the process in several vital respects The mediation process is controlled by the parties and not by a court This control permits the parties to address the matters in dispute with the freedom to explore all their interests and concerns In fact the parties can modify the actual processes used to fit the nature and details of the dispute at hand The parties also control the time and location of the mediation there is no waiting in line and no interruption by a competing demand on the court or by lack of funding for the court The process is led by a neutral selected importantly by the parties Through this control the parties can insure that the neutral has the requisite background to understand the issues on the table No time is wasted

    Original URL path: http://alabamaadr.org/web/media/articles/1309_Mediating_Copyright_Intellectual_Property_Disputes.php (2016-02-13)
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  • Profile :: Hon. James S. Sledge :: Alabama Center for Dispute Resolution
    Civil Divorce Modification Divorce Domestic Relations Domestic Relations Domestic Violence Training Dram Shop E Discovery E Neutral Early Neutral Evaluation Economics Education School Educational Law Elder Law Elections Eminent Domain Employment Employment Discrimination Employment Law Employment Litigation Employment EEOC Energy Engineering Entertainment Law Environment Environmental Law Equal Pay Act Equine Equity ERISA Estate Estate Administration Estate Disputes Estate Litigation Estate Planning Fair Labor Standards Act Family Family Medical Leave Act Federal Claims Federal Employer s Liability Federal Litigation FELA Financial Disputes Fire Explosives Fire and Arson Foreclosure Franchise Fraud Funeral Services General Contracts General Negligence General Practice Government Government Contracts Guardianship Harassment Health Care Higher Education Home Owners Association Home Warranty Hunting Law Industrial Insolvency Insurance Insurance Audit Litigation Insurance Coverage Disputes Insurance Defense Insurance Disputes Insurance Law Insurance Litigation Intellectual Property International Juvenile Labor Land Use Landlord Tenant Law Enforcement Liability Legal Malpractice Legislative Lemon Law Libel Libel Defamation Literary Music Litigation Local Law Lousiana Law Malicious Prosecution Management Manufactured Home Litigation Manufacturing Maritime Mass Torts Matrimonial Law Mediation Collaborative Law Medicaid Medical Issues Medical Liability Medical Malpractice Medical Neglience Medicare Medicine Mental Health Mergers and Acquisitions Military Minerals and Mining Mining Modifications Mortgage Lending Issues Motor Vehicle Motor Vehicle Accidents Multi Party Litigation Municipal Municipal Law Natural Disasters Natural Resources Negligence Non Profit Corporations Nuisance Nuptial Agreements Nursing Home Law Nursing Home Litigation Offshore Accidents Oil and Gas Oil and Gas Litigation Optical Outrage Parenting Coordination Parimutuel Disputes Partnering Partnerships Patents and Trademarks Paternity Pension Funds Pensions Personal Finance Personal Injury Personal Injury Wrongful Death Personal Property Pharmaceuticals Photography Planning Zoning Post Divorce Issues Pre Litigation Evaluation Premises Liability Probate Products Liability Professional Disability Professional Liability Professional Malpractice Professional Negligence Property Property Division Property Litigation Public Pensions Public Policy Publishing Qualified DR Order Railroad Accidents Railroad Employee Injury Real Estate Real Estate Development Real Estate Disputes Real Estate Litigation Real Property Real Property Disputes Recreational Vehicles Reinsurance Religious Non Profit Relocation Residential Loan Modification Retaliatory Discharge Sales Science Based Cases Securities Sexual Harassment Shareholder Disputes Silicosis Small Business Small Claims Social Security Software Special Education Sports Commerce Sports Law Student Disability Claims Subrogation Surety Tax Technology Telecommunications Thoroughbred Racing Issues Timber Title Disputes Title Insurance Title IX Title VI Title VII Tort of Outrage Torts Toxic Torts Toxic Waste Trade Trademarks Transportation Trespass Trial Practice Trucking Accident Trucking Litigation Trust Trust Administration Unemployment Uninsured Motorist Utilities Valuations Vehicular Vehicular Warranty and Repair Veterans Law Victim Offender Voting Rights Wage and Hour Warranty Water Law Will Contests Wills Wills and Estates Wills and Trusts Workers Comp Workplace Dispute Wrongful Termination Zoning and Land Use Zoning Land Use Judicial Experience Private Judge Areas of Practice 1 None Designated Abuse of Process Assets Attorney Fee Dispute Auto Accident Banking Finance Credit Boundary Disputes Business Business Disputes Church Civil Litigation Collections Commercial UCC Complex Business Litigation Complex Litigation Construction Contempt Contract Disputes Contracts Damages Defamation Discrimination Domestic Relations Domestic Violence Trained Employment EEOC Equity Estate Family Federal Employer s Liability Fraud Government

    Original URL path: http://alabamaadr.org/web/roster-mediators/index.php?ID=1468&action=Profile (2016-02-13)
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  • ACDR: Alternative Dispute Resolution Expands into Pre-Trial Practice: An Introduction to the Role of E-Neutrals
    of a lawsuit in an efficient manner Alternative dispute resolution is expanding into pre trial practice in response to two forces 1 Judicial budgetary constraints and 2 E discovery Both factors require litigants to approach discovery in a manner that meets Federal Rule of Civil Procedure 1 just speedy and inexpensive determination of every action and proceeding and Federal Rule of Civil Procedure 37 Failure to Make Disclosures or to Cooperate in Discovery Utilizing alternative dispute resolution for discovery disputes 1 primarily disputes involving electronically stored information ESI requires the services of a third party referee referred to as an e neutral 2 An e neutral may be called an e mediator special master discovery arbitrator discovery referee or another name specific to a particular jurisdiction for some other variation of this function 3 The e neutral is trained and experienced in both the disciplines of alternative dispute resolution and e discovery 4 The distinctive characteristics of each type of e neutral fall into two categories facilitation or decision making Recent private and public efforts to address e discovery disputes around the country discussed infra indicate that the bench and bar recognize the need for a new approach to managing pre trial practice Recognizing the interplay of the different types of e neutrals is helpful for developing local rules on this subject Regardless of the jurisdictional approach demand for alternative dispute resolution for procedural matters is increasing in light of the decrease in court funding and the increase in motion practices involving ESI Alternative dispute resolution has proven successful for substantive matters 5 therefore alternative dispute resolution should be and is successful for procedural disputes This paper discusses the underlying need for e neutrals the types of e neutrals and their respective functions and the current use of e neutrals Read the full article pdf The full article is posted at http cojcr org vol13no1 Skinner pdf Allison O Skinner is a Visiting Professor at the Thomas Goode Jones School of Law at Faulkner University in Montgomery Alabama teaching e discovery and evidence She is also an Adjunct Professor at the University of Alabama School of Law in Tuscaloosa Alabama teaching e discovery and Alabama practice procedure In addition to her academic positions Allison Skinner serves as a mediator special master and arbitrator for discovery disputes and settlements with the Sirote Permutt Mediation Center a premier mediation facility in the southeast Allison is the co founder and charter member of the American College of e Neutrals Advisory Board She authored the Teacher s Manual WEST 2010 for Scheindlin Capra and The Sedona Conference Electronic Discovery and Digital Evidence Cases and Materials WEST 2008 the only casebook in the country for electronic discovery Allison is nationally recognized for her work in the area of e mediations She sits on the inaugural E Discovery Special Master Panel for the United States District Court for the Western District of Pennsylvania Allison regularly lectures on e discovery and alternative dispute resolution at national and

    Original URL path: http://alabamaadr.org/web/media/articles/1203_Skinner_ADR_Intro_to_E-Neutrals.php (2016-02-13)
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  • ACDR:Children’s Interest-Lost in Translation: Making the Case for Involving Children in Mediation of Child Custody Cases
    a lawsuit in an efficient manner Alternative dispute resolution is expanding into pre trial practice in response to two forces 1 Judicial budgetary constraints and 2 E discovery Both factors require litigants to approach discovery in a manner that meets Federal Rule of Civil Procedure 1 just speedy and inexpensive determination of every action and proceeding and Federal Rule of Civil Procedure 37 Failure to Make Disclosures or to Cooperate in Discovery Utilizing alternative dispute resolution for discovery disputes 1 primarily disputes involving electronically stored information ESI requires the services of a third party referee referred to as an e neutral 2 An e neutral may be called an e mediator special master discovery arbitrator discovery referee or another name specific to a particular jurisdiction for some other variation of this function 3 The e neutral is trained and experienced in both the disciplines of alternative dispute resolution and e discovery 4 The distinctive characteristics of each type of e neutral fall into two categories facilitation or decision making Recent private and public efforts to address e discovery disputes around the country discussed infra indicate that the bench and bar recognize the need for a new approach to managing pre trial practice Recognizing the interplay of the different types of e neutrals is helpful for developing local rules on this subject Regardless of the jurisdictional approach demand for alternative dispute resolution for procedural matters is increasing in light of the decrease in court funding and the increase in motion practices involving ESI Alternative dispute resolution has proven successful for substantive matters 5 therefore alternative dispute resolution should be and is successful for procedural disputes This paper discusses the underlying need for e neutrals the types of e neutrals and their respective functions and the current use of e neutrals The article is located at this link http www udayton edu law resources documents law review childrens interest pdf Allison O Skinner is a Visiting Professor at the Thomas Goode Jones School of Law at Faulkner University in Montgomery Alabama teaching e discovery and evidence She is also an Adjunct Professor at the University of Alabama School of Law in Tuscaloosa Alabama teaching e discovery and Alabama practice procedure In addition to her academic positions Allison Skinner serves as a mediator special master and arbitrator for discovery disputes and settlements with the Sirote Permutt Mediation Center a premier mediation facility in the southeast Allison is the co founder and charter member of the American College of e Neutrals Advisory Board She authored the Teacher s Manual WEST 2010 for Scheindlin Capra and The Sedona Conference Electronic Discovery and Digital Evidence Cases and Materials WEST 2008 the only casebook in the country for electronic discovery Allison is nationally recognized for her work in the area of e mediations She sits on the inaugural E Discovery Special Master Panel for the United States District Court for the Western District of Pennsylvania Allison regularly lectures on e discovery and alternative dispute resolution at national

    Original URL path: http://alabamaadr.org/web/media/articles/1205_Adams_Involving_Children_in_Mediation.php (2016-02-13)
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  • New Ethics Opinions from the ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance
    CLE ADR Procedures in Alabama Handbook Judges Mediation Bench Book Seal the Deal CLE Practical Tips from Top Mediators Brochures Bookshop Resources ADR Organizations ADR News Links Find Mediator Jobs Law School ADR Programs Ethics Restorative Justice Circle Sentencing Criminal Mediation Victim Offender Conferencing More on Restorative Justice Portraits of Restorative Justice State Agency ADR Statistics Home Admin News for Alabama Neutrals News Blog Newsletters Facebook ADR Procedures Alternative Dispute Resolution Procedures in Alabama with Mediation Model Need Legal Help Resources for Legal Assistance Share Articles in the Media ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance New Opinions Issued SODR 2015 1 Addresses whether it is appropriate for a mediator to advertise that he mediated the largest settlement in the history of the county Authority referenced is Model Standards of Conduct for Mediators Standards II V and VII 2005 Read the full opinion and analysis from the ABA website for SODR 2015 1 SODR 2015 2 Addresses whether a mediator must disclose to prospective parties that she has conducted a number of previous mediations for one of the parties or its attorney and what needs to be disclosed Authority referenced is Model Standards of Conduct for Mediators Standards III and V 2005 Read the full opinion and analysis from the ABA website for SODR 2015 2 SODR 2015 3 Addresses whether it is appropriate for a mediator to accept a referral fee from an attorney to whom the mediator referred a party after the case involving that party was unsuccessfully mediated by the mediator Authority referenced is Model Standards of Conduct for Mediators 2005 Standards II III V VIII Read the full opinion and analysis from the ABA website for SODR 2015 3 Read all the opinions issued by the ABA Section s Committee on Mediator Ethical

    Original URL path: http://alabamaadr.org/web/media/articles/1506_ABA_Ethics_Opinions.php (2016-02-13)
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  • News for Alabama Neutrals
    a brochure Participants select the process in which they desire expertise one course only as all programs will be presented simultaneously To provide for personalized instruction enrollment for each course is limited to ensure a close working relationship among the faculty and participants Course sessions will include lectures small group discussions and practice exercises Faculty and other participants will also provide performance coaching The synergy of ideas will provide a truly unique learning experience For additional information Southeast Professional Skills Conference October 29 30 Nashville http law pepperdine edu straus training and conferences professional skills program nashville The Full Brochure pdf ALABAMA IN STATE MEDIATION TRAINING Get updated information on Alabama training events on our training calendar alabamaadr org web training ABA Section of Dispute Resolution Arbitration Webinar Series This 6 part arbitration series is a unique opportunity to learn from some of the leading arbitrators and arbitration advocates in the country Each webinar will focus on different phases and challenges of the arbitration process Faculty members will provide valuable insights and advice from the perspective of the arbitrator and advocate on every aspect of arbitration from the importance of the preliminary hearing to the best practices for drafting arbitration awards The program will also provide in depth discussion and practical guidance on common ethical issues arbitrators face while building a successful arbitration practice Please see below for more details on each program July 23 2015 Part II The All Important Preliminary Hearing Essentials for both Advocates and Neutrals Why is the Preliminary Hearing so important What should the arbitrator and counsel each be trying to accomplish Who should attend and why What are the major subjects that should be covered and how What about discovery How do you keep it under control while permitting the parties to get the information they need Depositions Motions Witness and expert testimony Should an Agenda be circulated in advance Why The importance of the Case Management Order Everything you need to know to run or participate in a Preliminary Hearing Speakers Philip S Cottone American Arbitration Association Bruce Meyerson Mediator Arbitrator and Trainer Lawrence R Mills JAMS The Resolution Experts Register at the ABA Website Today September 16 2015 Part III Balancing Party Control and Efficiency Managing the Parties and Preparing for the Hearing This panel is comprised of an advocate former judge and former in house counsel who will explore how arbitrators balance the parties desire for self determination against managing the arbitration process to ensure efficiency and cost effectiveness The panel will discuss managing the process through the pre hearing management conference the extent of discovery and motion practice and how arbitrators encourage the parties to discuss settlement Speakers Deborah Masucci Neutral Chair of the International Mediation Institute Theodore K Cheng Esq Fox Horan Camerini LLP Hon Ariel E Belen JAMS The Resolution Experts Register at the ABA Website Today October 13 2015 Part IV Managing the Arbitration Hearing and Evidence Based on the premise that advocates and clients chose arbitration

    Original URL path: http://alabamaadr.org/email/1507_NAN_Newsletter.html (2016-02-13)
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  • News for Alabama Neutrals
    and informal resource Ombudsperson Kevin Coonrod provides conflict resolution services guidance on university policies and submits non confidential and unbiased trend information to the University President that may assist in effecting systemic change The Auburn University Ombuds is an organizational ombudsman subscribing to the Code of Ethics and Standards of Practice of the International Ombudsman Association As a dispute resolution practitioner Coonrod mediates disputes and coaches individuals in methods for resolving conflict on their own Although the Ombuds work normally benefits individuals the indirect benefit to the organization can be enormous Resolving conflict before it has escalated beyond reason can save labor and financial resources by avoiding or resolving grievances and lawsuits on the disputants own terms Employees sense of enhanced well being after working through an issue can result in greater productivity fewer sick leave days taken and a renewed pride in the workplace team Mr Coonrod s purpose as Ombudsperson is to help members of Auburn University help themselves thereby creating a more harmonious just and efficient environment for the entire community The services of the Ombudsperson are in addition to those offered by human resources and legal counsel and are voluntary As an informal and neutral resource the Office of the Ombudsperson has no authority to direct others actions set policy advocate for any party adjudicate claims participate in formal processes or serve as an agent of notice to the University Moreover the Ombuds does not offer legal advice or psychological counseling Rather Coonrod helps the members of his constituency brainstorm ideas discuss alternatives gain or re gain respect for each other and fashion informed resolutions to their troubles with their own initiative and creativity As University Ombudsperson Coonrod assists University members build a stronger more cohesive community Back to Top Upcoming Training Opportunities ABA Section of Dispute Resolution Annual Spring Conference Solutions in Seattle April 15 18 2015 The ABA Section of Dispute Resolution Spring Conference is an opportunity for attendees to learn new skills network with colleagues and old friends share experiences and be immersed in the dispute resolution field There will be CLE programs and networking programs on every imaginable topic in the field family issues employment and labor practice development and marketing ethics corporate and commercial and health care ADR Additional Information Hotel and Travel Information Tentative Program at a Glance pdf Conference Brochure pdf Please see the Conference Programming Home for more information on sessions and speakers List Price 615 00 ABA Member Price 550 00 Sponsor Member Price 475 00 http shop americanbar org ebus ABAEventsCalendar EventDetails aspx productId 137037024 Back to Top 9th Annual ABA Advanced Training Arbitration Institute June 12 13 2015 Chicago American Bar Association 321 N Clark St Fl 14 Chicago IL 60654 7598 This two day training will be presented by a panel of nationally recognized arbitrators and arbitration advocates Let the panel of experts walk you through the arbitration process from start to finish This limited capacity training will provide you with a unique learning

    Original URL path: http://alabamaadr.org/email/1502_NAN_Newsletter.html (2016-02-13)
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  • News for Alabama Neutrals
    of Civil Procedure apply all proceedings are of record private judges have access to all pleadings and filings and an appeal is taken in the same manner as an appeal from the circuit court of the county where the case is filed Details at Title 12 11A 1 et seq Code of Alabama 1975 To find out more about private judging http www alabamaadr org web roster documents judge Alabama Act php The Roster of Private Judges http www alabamaadr org web roster judges index php We have had 11 cases heard by private judges 10 domestic relations and 1 contract These judges can be very helpful to litigants and their attorneys Back to Top Family Mediation Program The Family Mediation Program is a partnering of the Supreme Court of Alabama Court and the Alabama Center for Dispute Resolution Center The Center coordinates statewide mediation services for low to middle income families with children whose parents are in the court system The Center through a grant from the Court pays the mediators In this program we also promote attorney professionalism in family law and report mediator pro bono contributions The Center maintains records and statistics The cases chosen for mediation must be DR cases Income level of family must be 85 000 changed to 75 000 in late 2015 or less gross Parents may be represented or pro se Parents are to mediate with mediator finances parenting time responsibilities and child support in order to present judges with a plan for their family Mediators must be registered on the Alabama State Court Mediator Roster www alabamamediators org Parents attorneys should be first given a chance to select the qualified mediator but if they are unable to agree a judge may appoint During the last quarter of FY 2013 in cooperation with Judges Meigs Pettaway Wiggins Ingram Harrington Bostick Reeves and Conwill we mediated 20 cases and obtained 13 agreements In 2014 Judges Kelly Bailey and Williams in Montgomery County Judge Fellows in Lee Judge Palmer in Jefferson Judge Wiggins in Bibb Judge Reynolds in Chilton Judge Teel in Coosa and Clay Judges Ingram Conaway and Moulton in Houston and Judge Howell in Morgan are participating Several other judges are interested If your judges may be interested please contact the Center Back to Top We Remember Robert Ward Mediator And Friend Robert and Judy Robert served as a long time member of the Alabama Supreme Court Commission on Dispute Resolution the appointee of the Alabama Lawyers Association He was also an active member of the Alabama Academy of Attorney Mediators and a member of the Alabama State Court Mediator Roster Robert was a shareholder in Rushton Stakely Johnston Garrett and secretary treasurer of the Alabama Defense Lawyers Association He also served on the board of directors for the Boys and Girls Club of Montgomery He believed in and enjoyed mediating He made sure young lawyers knew about mediation and its benefits I am certainly missing Robert Ward and his smile about

    Original URL path: http://alabamaadr.org/email/1407_NAN_Newsletter.html (2016-02-13)
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