SC Bar

ADR SECTION COUNCIL MEETING MINUTES

Wednesday, January 10, 2007, at 2:00 p.m.
Conference Call
 
The Council met by conference call at the date, time and place reflected above.

Members Present (7): 
Jack Griffeth, Chair        
Frances Duarte
Harry Goldberg
Michael Glenn
Robert Hassold Jr.
Becky Laffitte
Terry B. Millar       

Members Absent (3):      
William L. Howard      
Susan S. Quinn      
Walter B. Todd Jr.     
 
Others Present:  
Joan Brown, Bar staff
   
Welcome and Introductions: Mr. Griffeth called the meeting to order and asked for a roll call.

Approval of Prior Minutes: The Section reviewed and approved the minutes from the prior meeting of July 21, 2006, by a motion, second and unanimous vote.

Reports/Old Business:

a. ADR Commission Update: Mr. Glenn presented the following Commission report:

i. Program: Judge Womble reported on ADR and Summary Courts, stating that he had had a lengthy meeting on the issue with members of his office and the Community Mediation Center’s President and CEO, Sandra Francis. It was the consensus of the group that because the magistrate courts were unique in their function, it was essential that the litigants not have a lot of choice in the ADR program and that the process not be expensive. He reported that Ms. Francis had agreed to provide free mediators for one or two years for Richland and Lexington Counties as part of a pilot program. He added that Richland and Lexington County magistrates were onboard and ready to get the program up and running. The Commission voted to draft a recommendation to the Court that the program be approved. It was decided that Judge Womble would reduce his proposal to writing for Chief Justice Jean Toal to review.

ii. User Education: It was reported that two mandatory seminars had been held to date, one in Lexington and one in Florence. The next one was scheduled for late February in Horry County.

iii. DSS Exemption: Judge Howard reported that he had received a letter from Virginia E. Williamson, DSS General Counsel, stating that the protection of vulnerable adults and abused and neglected children should be exempt from mediation requirements. The Commission voted to recommend to the Supreme Court that it temporarily exempt DSS from the mediation requirements pending further study and recommendation by the Commission.

iv. Rule 43(k): Judge Howard explained that although the Commission had voted not to try to change Rule 43(k), in light of a recently decided case, Buckley v. Shealey, Opinion #26186, the Commission should consider revisiting the matter. The Commission approved the Program Committee to revisit the issue of Rule 43(k) and report back at the next meeting.
 
v. Forms: The Commission approved the forms as modified by the Program Committee and agreed that a cover letter would be sent to the Chief Justice enclosing the forms for her review and that Ms. Brown would send the forms to Ms. Frierson for her review.
 

b. Collaborative Law Committee Report: Ms. Quinn was not present, and there was no report.

c. Bar Convention CLE Report: Mr. Goldberg reported that Kenneth Feinberg of Washington D.C. had been invited to speak at the Convention CLE. He informed the Council that Mr. Feinberg had negotiated the settlements of the 9/11 victims, a daunting task. He also stated that Donna Givens, James Sarratt, Mr. Glenn and The Hon. J. C. Nicholson would present the seminar already given in Lexington and Florence. Ms. Brown had sent reminders to the Section listserv about the CLE.

d. Report on Mentorship Program: Ms. Brown reported that she had received 32 responses to the email she had sent inviting Section members to advise her of any interest they had in a mentoring program for mediators. The Council asked Ms. Brown to put the list on the Internet, publish the names and email addresses and advise them by email that this was done.

e. Report on the Bar’s ADR Web site re adding a links page to the Web site: Ms. Brown reported that when she reviewed the Web site she discovered that there was already in existence a page with many ADR links.

f. Rule 43(k): The Council members agreed to convene the Council after the Bar Convention CLE to discuss Rule 43(k) and to discuss changing Rule 43(k).

g. 2006-2007 Slate of Officers: The Council voted to elect Mr. Hassold as Secretary of the Council and James O. Spence as general Council Member to serve out Mr. Hassold’s term.

New Business:

a. Columbia College ADR Conference: Ms. Brown reported that preparation for the Conference is underway and that she would send out an email to the Section when she has definite information as to dates and times.

b. 2007-2008 Slate of Officers: The Council voted to elect Mitchell Griffith as Secretary and Danny Crowe and Theron Cochran as general Council Members and authorized Mr. Griffeth to contact them as to their willingness to serve.

c. Ms. Duarte mentioned having an advanced mediation CLE, such as Pepperdine’s or Harvard’s. Ms. Duarte was to get the information together and disseminate it to the Section Council. Ms. Lafitte commented that ½ days are more appealing than the current method used by the CLE Division.

There being no further business, the meeting was adjourned.

(After the meeting, Mr. Griffeth reported to Ms. Brown that Mr. Griffith had agreed to serve as Secretary and Mr. Crowe and Mr. Cochran had agreed to serve as general Council Members.)