DR
M A S S A C H U S E T T S
LAW YERS JOURNAL Volume 23 | Number 7 | May/Jun 2016
WWW.MASSBAR.ORG
MY BAR ACCESS
Visit massbar.org/access
MBA ON DEMAND
Visit massbar.org/ondemand
DISPUTE RESOLUTION DROPS THE ‘A’ Newest MBA section reflects growing field
BY ANNA SIMS
O
ut-of-court dispute resolution is no longer just an alternative form of resolving legal matters, according to members of the bar and bench alike. It’s also the focus of the Massachusetts Bar Association’s newest section. Officially approved at the MBA’s March House of Delegates meeting, the Dispute Resolution Section is in many ways a natural evolution of the MBA’s own Alternative Dispute Resolution (ADR) Committee, which has been active for many years. To reflect the field’s increasing and more mainstream use, the Dispute Resolution Section title stands without the familiar “A” for “alternative” that was included in the name of the committee. “Over the past 25 years, really no area of practice has grown to have a wider impact on legal operations than dispute resolution,” said Brian Jerome, current chairman of the ADR Committee and founder and
CEO of Massachusetts Dispute Resolution Services. “Studies show that about 97 percent of all civil cases which are presented result in settlements and never reach trial. What this really means is that dispute resolution has evolved to become the primary means of case management — and not the alternative.” According to The Law Dictionary’s website, 95 percent of pending personal injury lawsuits end in a pretrial settlement, while legal news site Above the Law reports that only 1.5 percent of civil cases in Massachusetts make it to a jury, Jerome said. It was these numbers, as well as interest from its members, that led the MBA to create the first section for dispute resolution in the state. “The Massachusetts Bar Association has a really fantastic reputation for professional excellence. … It is fitting that the MBA continues to support evolving legal industries like dispute resolution,” Jerome said. Also, unlike the standing committee, the DR section will be open to all MBA members — an important
2016 ANNUAL DINNER RECAP
• ACCESS TO JUSTICE, SCHOLARSHIP AWARD PROFILES • PRIDE, UNITY ON DISPLAY
PAGE 8 PAGE 14
INSIDE
2
change that will facilitate greater outreach and service, Jerome said. MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy said the new DR section will provide members with better resources, as well as “excellent” opportunities to network and “perhaps gather new skills.” Vivian Hsu, ADR committee member and principal of Hsu & Associates LLC, said she believes the section will provide “greater recognition for dispute resolution as a profession and not as an add-on,” as well as more engagement with MBA leadership.
Exponential growth The section, which will officially launch Sept. 1 at the start of the 2016-17 membership year, is expected to build off of the working groups that the ADR committee founded. Those groups include the Judiciary Outreach Group, which works with judicial leadership, judges and clerks to encourage the use 5
INAUGURAL COMCOM CONFERENCE DRAWS A PAGE 7 CROWD
PRESIDENT'S VIEW: YOU CAN'T BE SERIOUS ALL THE TIME
7
APPLY FOR THE INAUGURAL MBA LEADERSHIP ACADEMY CLASS
20
ARE YOU READY TO MOVE YOUR PRACTICE TO THE CLOUD?
SEE PAGE 2 FOR A COMPLETE LISTING OF THIS ISSUE’S CONTENTS.