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Ethical Considerations for Use of Online Tools for Dispute Neutrals in the COVID-19 Era


Level: Intermediate
Runtime: 61 minutes
Recorded Date: March 27, 2020
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Agenda

  • Ethical Principles
  • Standards of Practice
  • Model Standards of Conduct
  • Self-Determination
  • Competence
  • Confidentiality
  • Risk/Damage Assessment
  • The Role of Technology
  • Q & A
Runtime: 1 hour, 1 minute
Recorded: March 27, 2020
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Speaker Daniel Rainey will provide an overview of the current state of Online Dispute Resolution (ODR) definitions, provide a summary of the existing array of proposed standards for ODR, what the common themes and goals are and how they are different, what are the most important ethical considerations for Dispute Neutrals when selecting a platform, what platforms exist and how to determine their efficacy, and what to expect in the future from the ABA Section of Dispute Resolution and the ODR Taskforce.

This program was recorded on March 27th, 2020.

Provided By

American Bar Association
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Panelists

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Linda Warren Seely

Director, Dispute Resolution Section
American Bar Association

Linda Warren Seely attended University of Memphis for both undergraduate and law school. In undergraduate school she served as intern for Tennessee State Legislative assembly working mainly on issues affecting the elderly.

Linda began her career as law clerk with Memphis Area Legal Services and then as staff attorney before going into private law practice in Memphis for several years. She returned as Managing Attorney for Senior Citizens Project at Memphis Area Legal Services and was later promoted to manager of Pro Bono Projects. After marrying her second husband, she, her new husband and her two children moved to Jackson, Tennessee where she worked as Pro Bono Projects Manager for West Tennessee Legal Services. She served as member of the Madison County Bar Association Board of Directors, President of the Association of Women Attorneys-Anne Schneider Chapter and Seventh District Representative on the Tennessee Bar Association Board of Bar Governors.

Linda currently serves in the House of Delegates for the Tennessee Bar Association and was formerly on the Board of Directors for the Association of Women Attorneys Foundation as the President. Linda is the recipient of the Tennessee Alliance for Legal Services’ Cooperative Advocacy Award in 1999, the Tennessee Bar Association Public Service Attorney of the Year Award in 2003 and Paralegal Utilization Award from the West Tennessee Chapter of the Tennessee Paralegal Association in 2004. She was also awarded the Tennessee Bar Association President’s Award at the TBA Annual Conference in June of 2006 for work on Stand Up and Deliver initiative and received the same award in June of 2009 for work on the For All Initiative. She was recognized by the Memphis Woman Magazine as one of 50 Women Who Make a Difference in August of 2006. She is a Past President of the Tennessee Lawyers Association for Women (2005-2006) and served as a consultant with the American Bar Association Center for Pro Bono and presented at the A.B.A. Equal Justice Conference annual “Nuts and Bolts of Running a Pro Bono Project” from 2005-2015.

Linda was elected to the Board of Directors for the Memphis Bar Association and served President for the Association in 2013. She received the Association of Women Attorney’s Marion Griffin-Frances Loring Award in January of 2014 in recognition of outstanding achievements in and for the legal profession and in April 2015, Linda was recognized by the Jackson Sun and the Business and Professional Women’s Association as a Sterling Award winner for being one of the 20 most influential women in West Tennessee. Before she took her current position, Linda was elected to the Board of Trustees for the Tennessee Bar Foundation and as a member of the Board of Directors of the CASA program in Madison County for 2015-2016. She recently left her position in Memphis as Director of Pro Bono Projects at Memphis Area Legal Services where she worked from 2004-2016 to take the position of Director of the Dispute Resolution Section of the American Bar Association in Washington D.C. In March of 2017, she received the Grayford Gray Award from the Tennessee Association of Professional Mediators.

As an active member of her church, First United Methodist Church in Jackson, she recently serving as chair of the Board of Trustees and served the Annual Memphis Conference of the United Methodist Church as the Peace with Justice Advocate for 8 years.

Linda is also a Rule 31 Listed mediator with the Tennessee Supreme Court and formerly served as President of the Board of the Conflict Resolution Center for West Tennessee. She provides pro bono mediations for the United Methodist Church and Juvenile Courts in West Tennessee. She served on the Tennessee Supreme Court’s Access to Justice Commission Mediation, Faith Based and Pro Bono subcommittees, served on the board of trustees for the Tennessee Bar Foundation, is the President of the Association for Women Attorneys Foundation and also worked with A Step Ahead Foundation to remove barriers to accessing long acting reversible contraceptives for women.

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Daniel Rainey

Principal
Holistic Solutions, Inc. (HSI)

Daniel Rainey is a principal in Holistic Solutions, Inc. (HSI), and an adjunct faculty member in graduate dispute resolution programs and law schools.

He is currently a Fellow of the National Center for Technology and Dispute Resolution, a member of the Board of Directors for the InternetBar.Org, a member of the Board of Directors and Treasurer for the Northern Virginia Mediation Service, and a founding member and founding Board Member of the International Council for Online Dispute Resolution (ICODR). He is the Chair of Working Group 3 of the ODR Task Force for the American Bar Association Section of Dispute Resolution.

He was one of the instructors for the first university ODR course (at the University of Massachusetts – Amherst), and he has developed graduate level ODR courses for several universities, in addition to skills-based ODR training for dispute resolution centers and professional associations. As a consultant, he has worked with clients in the development of ODR resources, intercultural negotiation skills, Ombudsman programs, and organizational conflict engagement programs.

He is a member of the editorial board for Conflict Resolution Quarterly, and he is one of the Editors-in-Chief of the International Journal of Online Dispute Resolution. He is an author/editor of the award-winning book, Online Dispute Resolution Theory and Practice (2nd edition due in mid-2020), and numerous other book chapters and articles about ODR and ADR.

He is a member of the Supreme Court of Virginia’s Access to Justice Commission, Self-Represented Litigants Committee, and he is the co-chair of the International Mediation Institute Task Force on E-Mediator Competencies. As a member of the Ethics Committee of the Association for Conflict Resolution, he led a review of the ACR/ABA/AAA Model Standards for Mediators, and he participated as a member of the National Center for State Courts ODR Standards Working Group.

In September, 2017, he retired as the Chief of Staff for the National Mediation Board. In October, 2017, at the Association for Conflict Resolution annual conference, he received the Mary Parker Follett Award for innovation in dispute resolution.

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