3RD Edition 2009
In keeping with an editorial goal of blending eclectic creativity with pragmatic practice tips, this third edition of the American Journal of Mediation features a range of divergent and interesting points of view on some unique aspects of our profession.
The Journal Editorial Board wishes to thank ACCTM Fellow and Board Member Mel Rubin, for his steadfast support of the Journal in recruiting University of Miami law student participation through his role as an adjunct professor in ADR. We are constantly on the look out for new and fresh materials for publication. Let us hear from you.
All in all, the Journal Board is quite proud of this issue's content and looks forward to hearing how it strikes our readership. Please feel free to address your comments and thoughts to the administrative office of the American College of Civil Trial Mediators at firstname.lastname@example.org.
The following articles submitted by College Fellows were accepted for publication:
The Driving Force of Desires - Reaching Resolution In Mediation **
Author: Amy L. Lieberman, Fellow, Scottsdale, AZ
** Originally published in Arizona Attorney magazine, July/August, 2008. Copyright State Bar of Arizona. Reprinted with permission.
Securing and Enhancing Insurance Company Involvement in the Mediation of Construction Claims
Author: Lawrence M. Watson, Founding Fellow Emeritus, Maitland, FL
Avoiding Pitfalls - Common Reasons for Mediation Failure and Solutions for Success **
Author: Jack G. Marcil, Fellow, Fargo, ND
Nicholas D. Thornton, Esq., Fargo, ND
**Originally published in the North Dakota Law Review, 2008, Volume 84, Number 3. Reprinted with permission
The following articles submitted by Law Students were selected for publication:
FRANKLIN PIERCE LAW CENTER
Student Author: ADAM T. RICK
Evaluation Within Mediation and the Ideal of Neutrality
Adam Rick graduated first in his class in May 2009 from Franklin Pierce Law Center, where he served as Editor-in-Chief of Pierce Law Review. He wishes to thank Professor Peter Wolfe for an inspiring class in mediation and the opportunity to prepare this paper. Adam will be practicing law with Preti Flaherty in Concord, New Hampshire.
UNIVERSITY OF HOUSTON LAW CENTER
Student Author: DAVID L. LANE
The Storm is Just Beginning When The Hurricane Finally Ends - Applicability of Mediation to Settlement of Insurance Claims in Mass Disasters
David Lane received his JD degree cum laude in May, 2009 from the University of Houston Law Center, where he was Notes and Comments Editor on the Houston Law Review and Chief Justice of the Law Center Honor Court. His Law Review Comment, Twice Bitten: Denial of the Right to Counsel in Successive Prosecutions by Separate Sovereigns, received the 2008 Susman Godfrey L.L.P. Award for the Outstanding Paper in the Area of General Litigation. A member of the Order of the Barons, in 2009 he was cited as the Law Review’s Most Outstanding Notes and Comments Editor, and received the Houston Bar Association Probate, Wills and Trusts Award. He holds an M.B.A. from Harvard University Graduate School of Business Administration and a B.S. Econ. from the University of Pennsylvania.
UNIVERSITY OF MIAMI SCHOOL OF LAW
Student Fellow: MICHAEL W. OLSEN
Mediation Saves Socrates
Michael Olsen received his B.S. in Philosophy from Oregon State in 2002. Following his undergraduate education, he served as a Peace Corps volunteer in the Kyrgyz Republic from 2002-2004. Upon completion of his Peace Corps duties, Mr. Olsen relocated to Florida to serve as an AmeriCorps Leader for the Florida Alliance for Student Services (F.A.S.S.) in Tallahassee, Florida. Mr. Olsen graduated from the University of Miami School of Law in 2009 and has been accepted to UM's graduate L.L.M. program in Estate Planning for the 2009-2010 school year.
Student Fellow: FIELD S. BRUSSEL
There are 3 Sides to Every Story: Yours, Mine and the Truth
Field Brussel earned a Bachelor of Arts in Legal Studies and Business Institutions, cum laude, from Northwestern University in 2005, a Master of Business Administration in Finance from the University of Miami School of Business in 2008, and a Juris Doctor, cum laude, from the University of Miami School of Law in 2009. He previously interned for the Honorable Robert A. Mark, United States Bankruptcy Court, Southern District of Florida.
Student Fellow: BRENDAN I. HERBERT
ConSiteSolutions Owner Manual for the Initial Decision Maker Process
Brendan Herbert graduated from the University Of Miami School of Law in May of 2009 and holds a Bachelors Degree in Government from Dartmouth College. Mr. Herbert is a law clerk in the Miami office of Peckar & Abramson, a construction law firm representing the interests of contractors and other construction professionals nationally and internationally. Mr. Herbert’s primary area of practice is construction law, which includes the representation of general contractors and subcontractors in the negotiation, mediation, arbitration and litigation of construction contract claims, construction and design defect claims, insurance claims, bid protests, and related matters. Mr. Herbert’s current works in progress primarily concern emerging issues in green construction.