The State Bar Association of North Dakota Spring 2014 Gavel Magazine | Page 11

other states in the nation in the mediation services provided. “In visiting with other states now, I am extremely proud of our program,” she says. “The focus is not as much on settlements as it is on coming together to discuss issues without coercion.” North Dakota’s program is unique in offering as many as six hours of combined pre-meditation orientation and mediation at no cost to the parties, she says. WE’VE SPENT THE PAST 50 YEARS PLANNING FOR RETIREMENT. WHEN DID YOU START PLANNING? On January 1, the North Dakota Supreme Court adopted another rule, Rule 5 of the North Dakota Rules of Appellate Procedure, which offers post-judgment family mediation at the appellate level and expanded cases to include probate and trust matters. Ferderer credits SBAND’s Alternative Dispute Resolution Committee that developed the pilot program for establishing a solid foundation for its success. One of the members of the committee, Jamestown attorney Joanne Ottmar, has been a program mediator since its inception. “We have come a long way from the days when people would read our sign out front and ask if I performed ‘meditation’ services rather than mediation,” says Ottmar. “Now, the Family Mediation Program is a permanent part of the services provided to litigants by the judicial branch.” Ottmar says Chief Justice Gerald VandeWalle has been integral to the success of the program. “His continuous support and belief in the value of mediation in cases involving children brought this project to fruition.” She says implementing it “was not always easy. Initially, participants, judges and lawyers were wary of the impact of mediation on their lives and their work. However, over time, it has become apparent that mediation participants who are able to settle some, if not all, of the differences about their children are much more satisfied with the result and are less likely to re-visit the parenting issues over and over. Judges are happy that they don’t have to decide those difficult cases. Lawyers see the benefits of self-determination for their Planning for retirement requires forethought, perception, and a little patience. That’s why the American Bar Association created the AbA RETIREMENT FuNdS PROGRAM – a comprehensive and affordable retirement plan built exclusively to address the unique needs of the legal community. Call an ABA Retirement Funds Program Regional Representative today! [phone] I www.abaretirement.com I [email protected] Please visit the ABA Retirement Funds Booth at the upcoming State Bar of North Dakota Annual Meeting for a free cost comparison and plan evaluation. June 11-13, 2014, Fargo, ND The Program is available through the State Bar Association of North Dakota as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security. Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another’s products and services. CN0311-8585-0415 clients,” says Ottmar. “As a mediator who has been part of this project from the beginning, it has been very gratifying to see people put their children first over their own hurts and differences,” she says. VandeWalle says he is pleased with the results of the Family Law Mediation Program to date. “People with disputes over issues concerning parental rights and responsibilities were too often leaving the court system with greater stress and conflict than when they entered the system,” VandeWalle says. “The purpose of the Family Law Mediation Program is to reverse that outcome and to minimize family conflict through shared decision making.” More information on the Family Law Mediation Program and the Appellate Mediation rules can be found at: www.ndcourts.gov/court/rules/appellat/rule05.htm www.ndcourts.gov/court/rules/NDROC/rule8.1.htm SPRING 2014 11