Vol. 11

March 2006

In this issue:

Henning Affiliate: New ADR Service Opens in South Georgia

Henning Neutral Profile
Choosing a Hobby or a Hobby Choosing You

First International Mediation Competition Held by International Chamber of Commerce

News from the Courthouse — Mediation/Arbitration Updates

Henning and Our Neutrals in the News

Henning Affiliate: New ADR Service Opens in South Georgia

A pair of mediators, impressed with Henning's service model for attorneys in north Georgia and Tennessee approached Henning Mediation and Arbitration (HMA) about providing a similar service in south Georgia.

"There's a great need for a good mediation service in rural areas," says attorney Patrick N. Millsaps. "The people in these areas often can't afford a lengthy trial or geographic constraints make one difficult. ADR offers them a good alternative."

Officially opening March 1, Flint River Mediation & Arbitration Services, LLC is affiliated with Henning. In addition to trained mediators and arbitrators, FRMA offers a neutral location, a competitive range of rates, state-of-the-art audio/visual services and wireless internet access. Compatibility with Henning videoconferencing capabilities means both firms can tap into each other’s panels of neutrals. "We're like Henning right down to the homemade cookies," chuckles Millsaps, FRMA director of marketing.

"We are very excited about the opportunity to extend our reach into other areas of the state, says Richard Colley, HMA president. ”Henning has acted as a consultant in every phase of the planning and development of Flint River Mediation & Arbitration Service."

"Prior to FRMA, attorneys in south Georgia didn't have a neutral location to hold mediations," says Waters, FRMA president. Mediations had to be held in attorneys' offices, and often interrupted the practice of law. Multiple rooms had to be set aside in the law office. With FRMA, attorneys can get out of their office and don't have to use their own staff to support a mediation.

"It's a one-stop shop," adds Waters. "We offer a neutral location, a case coordinator, technical services, even lunch served onsite so the mediation can continue."

And the location itself is special. FRMA utilizes the new Joe B. Adams, Jr. Conference Center adjacent to the beautifully restored 110-year-old McRee-Hall bed-and-breakfast in Camilla (www.mcreehall.com).

However, the most important thing to Millsaps and Waters is the quality of the neutrals associated with FRMA. The respected local attorneys who have signed on as neutrals have on average 30 years experience and are all certified mediators or have been trained by Henning.

"We made the decision that we will, for quality control purposes, have all neutrals who have not already been certified, use Henning's training services. We were impressed with Pat Siuta, the trainer, and impressed with the materials," says Millsaps.

Millsaps, whose undergraduate degree is from Sanford University, received his law degree from the University of Georgia.  Waters received both his undergraduate and graduate degrees from Mercer University before starting his practice in Camilla.  He has been on the bench since 2005.

Henning Neutral Profile - James B. Hiers

One of the advantages of the house is that his daughter, Jan, and her husband own the property next door. They design and run trade shows. Hiers’ other children include son Jim, vice president of an insurance company, and magazine illustrator Chris. Jim and Barbara have three grown grandchildren.

Hiers, one of Henning’s most respected neutrals, co-founded Swift, Currie, McGhee & Hiers, one of Atlanta’s oldest and largest law firms in 1965. In addition to a bachelor’s degree from Mercer University and a J.D. from Emory University, Hiers received negotiation and mediation training at Harvard Law School.

“I love mediating,” he says. “I spent 40 years as a defense attorney taking people apart. Mediating lets me put people back together. It can be challenging and interesting when you’ve got good lawyers on both sides. It just feels good to know that you are saving the public, the courts and parties both time and money while eliminating uncertainties.”

Despite being a former defense attorney, Hiers is frequently requested by plaintiff attorneys to mediate their cases. He believes his former defense work gives him credibility such that the defendants accept his judgment as being fair.

Hiers does have some “outside interests” other than the house, including being an active Mercer University alumnus, and was named its Distinguished Alumnus in 2000. He also co-founded a new Presbyterian Church in Cleveland where he serves as Clerk of Session and chairman of the building committee and is the "warm up act" for the preacher each Sunday.

When asked if there is anything about him people would be surprised to know, he said something about a tank top, a tattoo and Key West. But perhaps that’s for another story….

For more information on the James B. Hiers, go to www.henningmediation.com.

Table of Contents

First International Mediation Competition Held by International
Chamber of Commerce

The first international commercial mediation competition was held Jan 14-16 by the International Chamber of Commerce, in collaboration with the American Bar Association Dispute Resolution Section.  The competition involved law students from 13 schools from the Untied States, United Kingdom, France, Germany and Canada.  Mediators and judges hailed from 12 different countries.

The competitors were required to act as counsels and parties before professional mediators, analyze different ADR techniques in accordance with ICC’s ADR Rules, and mediate hypothetical problems devised by ADR experts. 

The University of Houston Law Center won the competition, receiving among other things, an internship in ICC’s Dispute Resolution Secretariat.  The University of California at Hastings and Marquette University came in second and third respectively. 
ICC plans to make the competition an annual event.  For more information: www. iccwbo.org                       

News From the Courthouse

A Texas Appellate Court has ruled that a court may not order parties to mediation when the parties’ contract provides for arbitration governed by the Federal Arbitration Act (FAA). The case, In re Heritage Building Systems, Inc., involved a claim brought against a manufacturer of a prefabricated building. The parties in the case had a contract that required arbitration, but did not have a mediation provision. The plaintiff filed suit against the manufacturer in court and the defendant manufacturer moved to compel arbitration. The plaintiff then asked the court to order the case to mediation, which the court did. The defendant appealed to the Ninth District Texas Court of Appeals, which stated that under the FAA, once the court determines that a valid arbitration agreement exists, it must order the parties to arbitration. The court held that the trial court erred by ordering the parties to mediation, because it undermined the expectation of the parties that their dispute would be resolved by proceedings directed by an arbitrator. For more information, see ADRWorld.com.

Table of Contents

Henning and Our Neutrals in the News

• Henning neutral James T. McDonald, Jr. spoke at the 16th annual winter seminar sponsored by the Georgia Institute of Continuing Education in Cabo San Lucas, Mexico in February. His topic was “Some Thoughts on Litigation from an Old Man.” 

• In January, Henning neutral Terrence Lee Croft taught the ADR component of the Fundamentals in Law Practice course for all new Georgia lawyers. Croft also taught a seminar for the law student mediators in the ADR program in Fulton Magistrate Court.

• Bill Goodman will be a presenter at the 8th Annual ABA Section of Dispute Resolution Spring Conference, “ADR On My Mind In Georgia”, April 5 – 8 at the Hyatt Regency Atlanta Hotel. The Henning neutral will be on a panel discussing “The Power of Apology and Forgiveness: Some Implications for Research and for Practice”.

• Goodman will also be speaking on “Mediation for the General Practitioner” 11:00 a.m. March 16 at the Georgia State Bar General Practice and Trial Section’s ICLE meeting March 16–18 at the Amelia Island Plantation Hotel in Amelia Island, Georgia.

• Rex Smith, Cliff Altekruse, Speer Mabry, and Pat Siuta spoke about “Winning Strategies for Mediation,” at a seminar for claims professionals in January.

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