8th Annual Case Management Training

This year's workshop, More Alternatives for Disputes: When There are More Disputes than Alternatives, takes the program beyond domestic case management training to include new forms of alternative dispute resolution (ADR). In addition to reviewing the new Guidelines for Domestic Case Management approved by the Kansas Supreme Court, presentations on parenting coordination and parent education will show how courts have developed additional options for helping children and families in conflict. Two presentations will address how to match interventions to the needs of cases. New sessions on the use of internet-based parent education programs and how to effectively use social media add a technology component. This year's ethics presentations will focus on ethical issues unique to case management and include a session on the ethics of collaborative negotiations. The Judge's Panel on Friday afternoon once again provides participants with a view of ADR from the bench and a dialogue between ADR professionals and judges.

Thursday, August 14, 2014

8:00 a.m. – Registration

8:30-10:10 a.m.
Domestic Case Management Guidelines and Statutes: Moving Forward

  • Bud Dale, Ph.D., J.D., Law Offices of Bud Dale, Topeka, Kansas
  • Larry Rute, Associates in Dispute Resolution, Topeka, Kansas

This session will review two efforts to improve Domestic Case Management in Kansas. The first improvement is the Domestic Case Management Guidelines from the Advisory Group on Dispute Resolution that was approved by the Kansas Supreme Court in December, 2013. The second effort reflects a process to revise the Kansas Statutes to address perceived problems. A proposed revision will again be submitted to the Legislature during the next session. This session will involve small group exercises to review these processes and develop further ideas for improving the Guidelines and statutes.

10:10 a.m. – Break

10:20 a.m.-Noon
What Every Case Manager Should Know About Social Media

Case Managers, family lawyers and the parties in family law cases are increasingly using the internet and social media. Parties and professionals using the technology need understand what social media does and does not do, how it can help and hurt, and when it is advantageous and when it is detrimental. This session outlines the technological options and how to effectively use them.

Noon-1:00 p.m.   Lunch

1:00-2:15 p.m.
Ethical Considerations for Attorney Case Managers

Attorney case managers in Kansas confront interesting and unique ethical challenges and they must be continually mindful of the Rules of Professional Responsibility as they perform their case management duties. This presentation will focus on the various ways that the Rules of Professional Responsibility govern attorneys while acting as case managers, with special attention to how the attorney ethical rules interact with the case management statutes, court decisions, the new case management guidelines.

2:15 p.m.   Break

2:30-3:45 p.m.
Case Management, Parenting Coordination, GAL, Mediation & Settlement Conferences, and Child Custody Evaluations: Are You Confused Yet?

The differences between Case Management and other Dispute Resolution methods frequently used by Judges are often hard to identify. Methods that can look very similar are governed by different statutes, and the expectations of the persons and the Court involved can be very different. Professionals may be asked to also serve in one of these other ADR capacities. This session will review the statutes and rules governing each ADR method, as well as how these methods may be approached by the practitioner.

3:45 p.m. –Break

4:00-5:00 p.m.
Case Management in Rural Communities

While the things causing conflict may be similar, rural communities have differing issues and problems. This session looks at some of the unique problems faced by case managers and the parties in rural Kansas communities.

5:00 p.m.   Adjourn

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Friday, August 15, 2014

8:30-9:20 a.m.
Preparing Parents for Developing Their Parenting Plans: Effectively Using Educational Resources from the Internet

  • Sheri Keller, Shawnee County Court Services, Topeka, Kansas

This session instructs on how to educate parents on issues related to negotiate the best interests of their children and on preparing parenting plans. The presenters will discuss how to use online resources, online education programs, and handouts for parents to prepare for cooperative parenting with one's ex-spouse. The presenters have identified both websites and materials they have found useful in assisting parents. Case examples will be used to illustrate this process.

9:20 a.m.   Break

9:30-10:20 a.m.
Ethical Issues in Collaborative Negotiation

This session will involve a discussion on the ethical considerations related to the dynamics of zealous representation of the client when a collaborative or cooperative negotiation approach is employed. The various ethical rules and implications will be covered and contemplated as they apply. The conclusion reached is that collaborative negotiation not only serves the best interests of the client but also minimizes ethical exposure to the attorney who engages this negotiation style in handling these types of cases.

10:20 a.m.   Break

10:30-11:45 p.m.
Distinguishing Parenting Coordination from Case Management

  • Ronnie Beach, Conflict Resolution Services Inc., Olathe, Kansas
  • Bud Dale, Ph.D., J.D., Law Offices of Bud Dale, Topeka, Kansas

Domestic cases characterized by repetitive high conflict continue to demand alternative dispute resolution services post-adjudication. Courts have traditionally assigned case managers to assist high conflict families with their parenting plans and have now begun to identify parenting coordinators to provide similar kinds of help. This presentation will review recent developments in case management and parenting coordination practice.

11:45 a.m.   Lunch

12:45-1:35 p.m.
Addressing Domestic Violence Issues in Case Management

  • Sara Rust-Martin, Kansas Coalition Against Sexual & Domestic Violence, Topeka, Kansas

Alternative dispute resolution, specifically, case management, limited case management, and mediation, is now the norm in most "high conflict" divorce custody or paternity cases in Kansas. Often in these cases, what looks like an inability to work together is actually a protective parent versus a batterer where the case management process may not be an appropriate option. This presentation will explain the basic dynamics of domestic violence, the importance of identifying domestic violence dynamics as well as how domestic violence affects case management, and how to counter the effects of coercion and domestic violence in these cases.

1:35 p.m.   Break

1:45-2:35 p.m.
Guardian Ad Litem, Parenting Coordinator or Case Manager: The Holy Trinity of High Conflicts

  • Honorable Sally Pokorny, Douglas County District Court, Lawrence, Kansas
  • Emily Hartz, Sloan Law Firm, Lawrence, Kansas

Courts and attorneys have different options available for "high conflict" families and ADR intervention. The questions become: what are the differences and when do you know which route is best? This presentation will let you not only hear from the bench on what judge's look for in making those decisions but also walk through real-life cases to determine which role is best-suited to each fact pattern.

2:35 p.m.   Break

2:45-4:25 p.m.
Domestic Case Management, Parenting Coordination & ADR: The View from the Bench

  • Honorable Mary Mattivi, Shawnee County District Court, Topeka, Kansas
  • Honorable Keven O'Grady, Johnson County District Court, Kansas
  • Honorable Sally Pokorny, Douglas County District Court, Lawrence, Kansas

Kansas domestic courts and the judges within them acutely experience the "More Disputes than Alternatives" dynamics. The ADR processes that each jurisdiction develops and utilizes reflect consideration of the increasing caseloads, fewer court-associated resources, and the availability of private and public ADR professionals. This session provides opportunity for discussions about court expectations of ADR professionals, the court/ADR professional relationship, and evolving notions of how to best help children and families in high conflict families.

4:25 p.m.   Adjourn

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General Information

Dates:
Thursday, August 14, 2014 and
Friday, August 15, 2014

Location:
Washburn University
School of Law, Room 120
Parking: north, south and east of the law school.
Get Directions and Maps

Registration Fee (paid by August 1):
» $200 both full days
» $150 Thursday only
» $150 Friday only

Registration After August 1, 2014
» $250 both full days
» $200 Thursday only
» $200 Friday only
See registration form.
See Washburn W-9 (taxpayer ID)

Continuing Education Credit:
• CLE Credit:
   8/14 – 8 hours (includes 1.5 hours ethics)
   8/15 – 8 hours (includes 1 hour ethics)
• CE Credits:
   8/14 – 3.4 hours a.m.; 3.5 hours p.m.
   8/15 – 3.0 hours a.m.; 3.0 hours p.m.
   Both days: 12.9 total

Program fee includes reporting hours of attendance to the Kansas CLE Commission and written materials.

Cancellations:
If you cannot attend the seminar, you may send a substitute. If you cancel your registration at least two (2) business days prior to the seminar, your registration fee will be refunded. After that date, non-attending registrants will receive the course materials. Please allow two weeks for delivery. The sponsors reserve the right to cancel this seminar and return all fees.

Assistance for Special Needs:
If you require special services or auxiliary aids to assist you while attending the event, please call Donna Vilander at (785) 670-1105.

Register Online