12th Al Jazeera Forum: Session 4 - Changing Alliances in the Region

2/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, My Interest and Expertise in the Subject Matter

Before I launch into an analysis of the Qatari mediation law, I want to explain why I am taking on this project.  

When I moved to Qatar in 2015, I already had 16 years of experience in the mediation field as a law professor, scholar, professional trainer, mediation ethicist, and practitioner.  I had seized the highest opportunities to serve within the Commonwealth of Virginia, U.S.A., as noted below.  But, my law school offered decreasing resources for faculty travel, conference fees, and scholarship, making it difficult for me to leverage that experience and reputation to a national level that might have led to leadership positions in the Dispute Resolution Section of the American Bar Association.  So, I thought a move to Qatar would give me an opportunity to scale up my mediation practice to an international level.  Sadly, it never happened.

I left Qatar in 2021, only a few months before the Emir signed the new mediation law.  Before then, most alternative dispute resolution focused on arbitration and few opportunities existed for me to do my "genius work" in mediation. 

I am thrilled that Qatar has taken a significant step to promote the use of mediation in the country.  And, I want to support future steps in the growth of modern mediation in the Gulf.

My Background in Mediation

I became a civil dispute mediator in 1999, after taking a 16-hour course offered by the University of Missouri School of Law (UMSLaw).  I took a 40-hour family mediation training in 2008 offered by Zena Zumeta, a leader in family mediation.  Sandwiched between these two events, I earned an LL.M. in Dispute Resolution at UMSLaw, then the top-ranked program in the U.S.A., in 2003.  I have now spent 24 years in the field.  I have at least 4,000 hours of training in mediation.  I have mediated hundreds of cases.

I followed this path, like a bee heading to the hive with a load of pollen, after spending 20 years as a lawyer, primarily engaged in litigation.  I handled complex, commercial litigation involving multi-million dollar claims as a first- or second chair litigator. 

While I was good at litigation, after my mother's death at the age of 61, I needed a less adversarial way to resolve conflict and problem-solve.  Some of the fight had gone out of me.  I learned later that this personal loss had caused a personality shift, making me more like my mom, who was, by nature, a person seeking harmony and deep connection in relationships. 

I was reminded of the steps in my path to expertise this week when I talked with a younger Tunisian lawyer who hoped to build modern mediation in her country.  I had sent her my resume as background.  She commented that one day, she hoped her resume would be as robust as mine.  I said that each entry in the resume represented  a conscious choice to gain mastery of mediation and convey that mastery to others while in service to them.

My Service to the Mediation Community

My service took many forms:

• In Virginia, I taught law students the theory, skills, and ethics of negotiation, mediation, and arbitration for 13 years.
• I taught established professionals the theory, skills, and ethics of mediation.  For example, twice yearly, I would teach mediation ethics to attendees at the conference sponsored by the Virginia Mediation Network (VMN).
• I served as a Board Member, Conference Chair, and then President of VMN, the largest state-wide organization of mediation trainers, scholars, and practitioners.
• I served on Virginia's Mediator Review Committee by appointment from the Executive Secretary of the Virginia Supreme Court.  This venue heard formal complaints filed against mediators by unhappy parties in mediation.  I served for three terms.
• I helped to revise Virginia's mediator qualification rules, mediator ethics code, and mediator grievance procedures as an appointed member of the Virginia Supreme Court's Ethics Committee. 
• As a rostered mediator for the Virginia Department of Forestry, I conducted mediations involving water quality violations arising from local timber activities. 
• I provided mediation services to Virginia’s state employees.
• I mediated civil cases on a pro bono basis for courts in Southwest Virginia.

• In Missouri, I served as Secretary of the St. Louis Chapter of the Association of Attorney-Mediators and vice-chair of the state bar’s ADR Committee for 2002-2003. 
• I mediated small claims cases on a pro bono basis for the St. Louis County Court. 

• At the national level, I served on the Standing Committee on Mediator Ethical Guidance of the Dispute Resolution Section of the American Bar Association (DR-ABA).  
• I served as the Co-Chair of the Ethics Advisory Opinions Database Subcommittee of the DR-ABA. On that subcommittee, I drafted many of the early opinions the Committee issued to help mediators resolve ethical dilemmas.
• I served as the national co-chair of the 2004 Representation in Mediation Competition sponsored by the DR-ABA.  Also, I served as a final round judge in regional-level competitions. 
• I spoke at many conferences sponsored by the DR-ABA.

Awards and Recognitions

Along the way, I earned two awards I treasure. In 2010, I was the winner of the first Distinguished Mediator Award presented by VMN. In January 2006, the Governor of Kentucky commissioned me as a Kentucky Colonel for my efforts on behalf of the mediation community in that state. For decades, Martindale-Hubbell listed me as an AV-Rated Preeminent Woman Lawyer with highest peer ratings for legal ability and ethics. 

Scholarship

I have written over 60 law review publications, book chapters, book reviews, and op-ed articles on mediation and arbitration, as well as other topics. I will cite some of these articles in future posts as I analyze the Qatari mediation law. 

Several of my articles have been reprinted in legal textbooks, at http:/www.mediate.com, and by other publications. Several law treatises cite my work. The scholarly articles appear in the top ADR journals in the USA.  My more recent scholarship applies ADR theory to the economic blockade of Qatar by four neighboring countries and appears as five chapters in a book.

Rosters Joined and Courses Offered

I have been listed on the neutral roster for the Missouri Bar, the United States District Court for the Eastern District of Missouri, the Twenty-First and Twenty-Second Judicial Circuit Courts of Missouri, and the Reinsurance Association of America. I have been a certified general district court mediator in Virginia and a Missouri Supreme Court Rule 11 qualified mediator. 

In addition to my law school courses, I have provided civil mediation training to professionals that was recognized in Virginia, Tennessee, and Kentucky as entry-level training for certified mediators. I also designed and delivered one of the first online mediation training courses.   I hope to offer that course to Arab lawyers, business managers, and other professionals beginning some time this year. 

Why This Matters

That's a long way of saying that I know what I am talking about.  It also says I love mediation, the opportunities it offers to disputing parties, and the growth it offers to people who choose to be mediators.  We are a tribe of dedicated folks who want people to act with the highest intention, authenticity, clarity, and self-determination.  

I look forward to sharing that excitement about the field in my future posts.  Hang in there.  I will teach you something.