1 1 2 3 4 FOCUS ON THE FUTURE: 5 LEADING THE WAY TO DISPUTE RESOLUTION 6 IN THE 21ST CENTURY 7 8 THE HONORABLE JANET RENO 9 ATTORNEY GENERAL OF THE UNITED STATES 10 11 12 13 14 15 16 17 18 19 FRIDAY, OCTOBER 25, 1996, 1:05 P.M. 20 21 22 SOCIETY OF PROFESSIONALS IN DISPUTE RESOLUTION 23 24TH ANNUAL INTERNATIONAL CONFERENCE 24 ANAHEIM, CALIFORNIA 25 2 1 P R O C E E D I N G S 2 3 VOICE: It gives me great pleasure today 4 to welcome with us the Honorable Janet Reno, 5 Attorney General of the United States. And at 6 this time, it's my pleasure to turn the program 7 over for this session to Barry Stuart. 8 He and Susan Carpenter are Co-Chairs of 9 the program. They have brought that unique and 10 special combination of energy and vision -- and 11 the exciting youth program that I have just been 12 privy to at which the Attorney General was 13 speaking is testimony to the enormous vision that 14 they brought into this conference. 15 I have coined a new phrase for the two 16 of them, "innervision." And that's going to be a 17 unique and special tribute to people that combine 18 these special talents. So I ask Barry now to come 19 over and take over this session. 20 (Applause) 21 MR. STUART: I'm doing this under 22 duress. It was a big mistake to give you the 23 podium. 24 I don't like introducing people whose 25 careers and whose accomplishments make me think as 3 1 if my life is in second gear. But I have 2 developed a sort of philosophy about that. And 3 that is that these people are really triplets and 4 that what Judge Nelson has done is she has two 5 other sisters and they have combined their bios 6 into one. 7 She has very graciously said I could 8 take a few minutes and not give you a litany of 9 her wonderful accomplishments. 10 I want to thank, first of all, the 11 volunteers. 12 (Applause) 13 I want to thank them, first of all, for 14 violating the California dress code and wearing 15 those wonderful yellow t-shirts. And secondly, 16 for meeting the challenge that Susan and I and our 17 Program Committee put to them of having two 18 conferences running at the same time in two 19 separate hotels amidst five other conferences, and 20 yet getting everybody to their places and on time. 21 I also want to thank our futurist, 22 William Canote, who promised us in the 21st 23 Century as we move into the fifth dimension that 24 we're all going to be employed because we're the 25 new growth industry. 4 1 I also want to thank him for this new 2 experience about being juxtapositioned, because we 3 can now be juxtapositioned to anyone, anything, 4 anywhere at any time. It sounds like a wonderful 5 new experience. But before the Canadians get too 6 excited about that, I want you to know that in the 7 new criminal code amendments the sexual provisions 8 make juxtaposition a crime in Canada. 9 I also want to thank John Helie who 10 brought all of those wonderful toys for us to be 11 juxtaposed with. And they're hiding back in the 12 Cyber Cafe for whose of who you haven't had an 13 experience using them yet. And please, go and 14 enjoy those wonderful toys that John has brought. 15 John is sort of our SPIDR 16 fifth-dimensional man. He is the only person I 17 know who wakes up early in the morning and before 18 he gets out of bed he reaches over and hugs his 19 computer. 20 The last pitch is I hope that we will 21 all meet in Canada in the year 2000 because one of 22 the great things about Canada is it's so cold 23 there computers can only operate properly for 24 eight months of the year. So we have four months 25 where we actually have to hug other people. 5 1 (Applause) 2 Now, what else am I supposed to do here? 3 This is a great pleasure to introduce to 4 you Judge Nelson. I have known about her through 5 her fellow friend, Mark Wedge, who has been in the 6 Yukon for some time. Because not only is she a 7 pioneer -- and let me just take two minutes to 8 explain what a pioneer she is -- in 1967 when she 9 was dean of the law school she started the first 10 dispute center in her law school which has been, 11 of course, a leader for many other examples across 12 both the United States and Canada. 13 Secondly, she was one of the founding 14 members of SPIDR. She was at formative meetings 15 in Virginia way back in 1972. So this is a person 16 who has been a friend as well as a pioneer of ADR, 17 Appropriate Dispute Resolution, since the very 18 early time. 19 So may I introduce a pioneer, a dean, a 20 judge and a wonderful person to you, Judge Nelson. 21 (Applause) 22 Ms. NELSON: Thank you, Barry. I was 23 hoping that you would never get to the 24 introduction. 25 The excitement in this room is well 6 1 deserved. And I was excited before I came. But 2 after being with our Attorney General, with the 3 youth, I really had tears flowing down my face 4 because of her ability to speak with clarity, with 5 energy, with courage, directly to these youth 6 which she permitted to ask her some very, very 7 good and very difficult questions. 8 But she has told us for many years that 9 we all need to mentor the youth and our children. 10 Because as the 21st Century comes along, unless we 11 do that we are going to spend all of our tax 12 dollars in trying to build enough prisons to house 13 all of us. 14 Well, just as she is a mentor to youth, 15 she ought to know that she is a mentor for those 16 of us on the other end of the age spectrum, 17 because it's her courage, her integrity, her 18 creativity and her direct speak, as my son would 19 say, to the problems that we are facing in our 20 justice system which in many parts is really 21 crumbling on the edges. And we need to look for 22 new forms. We need make substantial changes for 23 the next century. 24 Our Attorney General is the 78th 25 Attorney General for our country, appointed by 7 1 President Clinton in March of 1993. Born in 2 Miami, Florida -- she still talks about when she 3 retires she's going back to Florida. Maybe we can 4 convince her that California needs her more. 5 She's a graduate of Cornell University in 6 chemistry, no less, and a graduate of the Harvard 7 Law School. 8 And when she came to her office she 9 brought just a vast amount of experience. She was 10 appointed by the Governor of Florida to be the 11 State Attorney for Dade County and then was 12 reelected to that position five successive times. 13 She then became the Assistant State Attorney for 14 the entire state of Florida where she was the 15 Staff Director for the Judiciary Committee of the 16 House of Representatives. 17 It's very appropriate that she address 18 the SPIDR Conference because, as the youth heard 19 this morning, she has been a real pioneer and a 20 real inspiration in spreading the word about 21 appropriate forms of dispute resolution. 22 When she speaks to the American Bar 23 Association she says to lawyers, start thinking 24 about being problem solvers and peace makers as 25 opposed to being advocates. When she speaks to 8 1 other groups she talks about -- especially 2 legislators -- how we need to simplify our legal 3 system so that ordinary citizens can know what the 4 law is and often apply it to themselves directly. 5 And she has been a champion of 6 appropriate forms of dispute resolution, what most 7 of us are now calling ADR, because it's not a 8 alternative, it's part of a composite system. 9 But in her own Department of Justice she 10 signed a very important order requiring in almost 11 25 percent of the civil cases that some form of 12 appropriate dispute resolution be used such as 13 mediation, arbitration, mini trials, early neutral 14 evaluation. She is also having all of her civil 15 litigators trained in appropriate forms in dispute 16 resolution for all of her cases. 17 Most importantly for me, she has 18 inspired the federal judges in this country to 19 stand up, take notice, and begin to employ 20 appropriate forms of dispute resolution. The 21 judges of my own court formed in the late 80s the 22 Western Justice Center which is dedicated to 23 improving the administration of justice and to 24 promoting appropriate forms of dispute resolution. 25 Since that time, and since she has 9 1 become Attorney General, because she has made it 2 okay to be interested in something other than 3 litigation we have had great success in creating a 4 mediation model for the Southern California 5 Association of Governments in partnership with the 6 Pepperdine Law School and Dispute Resolution 7 Incorporated of the L.A. County Bar. 8 And we have a program called PACT, 9 Peacefully Addressing Conflict Together, a program 10 for 21 schools, seven in Santa Monica, seven in 11 South Central L.A. and seven in my own home town 12 of Pasadena. The Executive Director who just took 13 office September 1st is Bill Drake, the former 14 Vice President of the National Institute for 15 Dispute Resolution. And Bill is here today. 16 So you can see why I am so excited about 17 having the privilege of presenting to you someone 18 whose life is dedicated to improving the 19 administration of justice and whose life is also 20 dedicated to the service of the world of humanity. 21 It is with a distinct pleasure that I 22 present to you the Attorney General of the United 23 States of America, the Honorable Janet Reno. 24 (Applause) 25 MS. RENO: Thank you so much, Judge. 10 1 And my thanks to you and to the other pioneers in 2 this room, because I didn't get there first. You 3 all have led the way in so many different ways. 4 Just think of what you have 5 accomplished, those of who you were in at the 6 beginning. This being the 24th annual conference, 7 think of what you have accomplished in 24 years. 8 I go back a little further and remember 9 that I had Roger Fisher for Federal Rules of Civil 10 Procedure. I don't think he mentioned 11 negotiation. But since I graduated from law 12 school in 1963, you who have led the way, who have 13 pioneered, have taught me so much both at home in 14 Miami and in Washington. 15 You are teaching this nation how to 16 resolve disputes peacefully, without knives and 17 guns and fists, without bruising arguments that 18 leave people shattered, without costly litigation 19 that leaves people worse off than if they hadn't 20 gone to court in the first place. 21 You are teaching Americans how to solve 22 problems rather than to perpetuate them with 23 arbitrary solutions that don't get to the issues, 24 arbitrary solutions that simply cause the problem 25 to fester and grow worse. 11 1 You have taught us to seek to understand 2 the views of others instead of confusing the issue 3 with invectives and clouded reason. You have 4 taught us to seek the best in others, not the 5 worst. You have taught us to listen rather than 6 to talk too much. You have taught us to respect 7 rather than to put people down and hassle them. 8 The impact of your work, of all of you 9 who have been involved in appropriate dispute 10 resolution, is beginning to be measured across the 11 country, in schools, in board rooms, in law 12 offices, in the courts and on the streets, and 13 particularly amongst our young people. 14 I have just been with a group of young 15 people that have more energy, more great ideas, 16 more hope for the future, and they are more 17 contagious than any group of people I have ever 18 seen. Thank you for giving me that opportunity. 19 (Applause) 20 I take back their energy, their drive, 21 their sense of hope to a Department of Justice in 22 which we have attempted to apply all of your 23 wonderful work in appropriate dispute resolution. 24 Before I came to Washington I had 25 already concluded that litigation wasn't the only 12 1 way to do it. I had watched too many people after 2 trial look at themselves and conclude that they 3 were worse off than if they hadn't gone to trial 4 in the first place. I had watched too many 5 prosecutors feel they had won the conviction after 6 avoiding a plea bargain and going to trial and 7 getting the conviction and seeing the person 8 sentenced and then seeing the person out in a 9 third of the sentence because we didn't have 10 enough prison cells, and nothing had been done to 11 address the problem of the crime in the first 12 place so their offender repeated. 13 I have seen too many public defenders 14 claim that they have won the battle after they win 15 the motion to dismiss or the motion to suppress, 16 watching their client walk out of the courtroom, 17 though, in a prison worse than any prison we can 18 create, a prison of drug addiction, without doing 19 something about it. 20 And so it became clear to me that we 21 have got to look at how we solve the problem up 22 front whenever we can. 23 But I saw other aspects of litigation. 24 I saw litigation just perpetuate the problem. A 25 water dispute, a land dispute that went on and on 13 1 because we tried to resolve it with arbitrary 2 procedures that did not go to the equities of all 3 concerned. 4 But most of all, ladies and gentlemen, I 5 saw what I think is one of the great problems in 6 America today, that too many Americans do not have 7 access to justice, because the American Bar 8 Association estimates that between 60 and 80 9 percent of the poor and the working poor in 10 America, an increasing part of our population, 11 have no access to lawyers, much less to the 12 courts. And for them the law is worth little more 13 than the paper it's written on. 14 Every single one of us, whether we be 15 Attorney General or a plumber or a single parent 16 struggling to make ends meet on a salary of 17 $15,000 a year, have disputes we have to resolve. 18 As Attorney General, I have got an awful 19 lot of lawyers. The plumber may even be able to 20 afford a lawyer. But there are millions of 21 Americans whose lives are eroded down to the nub 22 because they can't get the dispute with the 23 landlord solved, they can't get the problem with 24 social security worked out, they can't solve the 25 problem that will keep their kid out of trouble. 14 1 And so I have tried in these three and a 2 half years I have been in office to do everything 3 I could to focus on appropriate dispute 4 resolutions. At the Department of Justice we have 5 tried to focus on a range of options and processes 6 to resolve disputes. We're beginning to train all 7 our lawyers not just in mediation and how we use 8 mediation, but how to negotiate the matter in the 9 first place. 10 Two weeks ago I went to one of our first 11 negotiation training programs. And it was so 12 encouraging to see trial lawyers encouraged by 13 what they were learning. I told them that they 14 did not have to worry, that I still thought their 15 trial skills were important. Because you can't 16 negotiate nearly as well as if you are not afraid 17 to go to trial, and that there were going to be 18 instances where we may well have to go to trial. 19 But we have also, in the middle of the 20 spectrum, tried to develop an array of dispute 21 resolution processes which Judge Nelson described. 22 We have worked with mediation, early neutral 23 evaluation, mini trials, arbitration and 24 combinations of these processes. If we tailor the 25 process to the dispute, we are learning in the 15 1 Department of Justice that we will get better 2 solutions and more creative solutions and more 3 long-lasting solutions. 4 This past year the President issued a 5 government-wide executive order urging all 6 government litigation counsel to comply, and to 7 employ ADR when it will lead to prompt, fair and 8 efficient resolutions. 9 I have created the position of Senior 10 Counsel for ADR to work with our attorneys. And 11 Peter Steinland has done a wonderful job of 12 showing them that this is a marvelous tool, a new 13 and effective and potent arsenal in trying to 14 secure justice for all. As Judge Nelson 15 indicated, he is working with U.S. attorneys' 16 offices across the country to train our lawyers in 17 all the tools available to us. 18 But he's doing more than that. He's 19 reaching out to client agencies to teach them the 20 skills of alternative and appropriate dispute 21 resolution so that we can avoid the problem in the 22 first place and the case doesn't even get to the 23 courtroom, when possible. 24 I tell our trial attorneys that I value 25 their ability to settle cases just as much as I 16 1 value their ability to try cases or to pick a jury 2 or to write a brief. We have set aside funds 3 solely for the purpose of hiring third party 4 neutrals to resolve disputes that are in 5 litigation. 6 To underscore the importance of the 7 skill we have included for the first time this 8 year the use of ADR as one of the skills for which 9 department attorneys may receive the prestigious 10 John Marshal award. 11 We have also had a chance to work with 12 the Executive Committee of the Judicial 13 Conference. I have made it a practice since 14 taking office to meet with the Executive Committee 15 of the Federal Judicial Conference four times a 16 year. And we have now started developing programs 17 and exploring what we can do with circuit 18 mediators to foster appropriate dispute resolution 19 throughout our court systems. 20 Lawyers can get stuck in the mud. They 21 more than anybody else like to do things the way 22 they have always liked to do things. And it 23 sometimes takes a bit of a show to make them 24 understand that they have got to be creative and 25 flexible and resourceful in finding solutions to 17 1 disputes. 2 We have to overcome the suspicion, the 3 hostility and the old ways of doing things to find 4 common ground and common interests. If we are to 5 reach solutions that are fair to all sides on an 6 enduring basis, we need to understand what caused 7 the litigation in the first place. We must 8 address the issues of the parties and not focus 9 solely on their positions. And we must do more in 10 terms of the criminal process. 11 In most prosecutors' offices around the 12 country, 85 percent or more of the cases are 13 resolved without finally going to trial. If we 14 can focus on problem solving, if we can focus on 15 the interest of all concerned, the victims as 16 well, we can do so much more in reaching lasting 17 solutions. 18 One young person from Canada asked me 19 about an hour ago, what are you learning from the 20 Canadians and what are you doing with the 21 Canadians. About a year and a half ago I had the 22 opportunity to visit with the Canadian Minister of 23 Justice. For the first time I heard about 24 sentencing circles. Subsequently, I went to 25 Harvard Law School to hear a forum on tribal 18 1 justice and to participate. 2 And to hear someone talk to me about our 3 adversarial system that either goes to guilt or 4 innocence but not to the problem, and to hear that 5 person talk to me about the need to look at 6 sentencing circles and to the tradition of native 7 Americans who seek peace, who look to the problem, 8 who look to resolve the problem; if we as lawyers 9 in our system will just open our eyes and look 10 around and start looking at how we solve problems 11 in addition to how we win courtroom battles, 12 whether it be on the civil or criminal side, we 13 can be much more effective and contribute a more 14 lasting solution. 15 As I had indicated, though, we have 16 found that sometimes the federal agencies that we 17 represent do not identify their true interest 18 until well into costly litigation. I have 19 discovered one reason why. Many of their 20 judgments get paid out of the judgment fund and 21 not out of their appropriations. And we need to 22 work on incentives to help them understand this 23 cause. 24 (Applause) 25 In many cases, of course, if we studied 19 1 it up front it is apparent that agency interests 2 can best be secured by reaching a settlement as 3 opposed to pursuing litigation. 4 I discovered another problem. Justice 5 Department attorneys tell me, Ms. Reno, you don't 6 know how hard it is to get approval all the way up 7 to main justice for a settlement. It's just 8 easier to go to trial. We're trying to change 9 that. That's easier said than done. 10 We are working with the federal agencies 11 and with our own lawyers to prevent some lawsuits 12 from being filed in the first place. We have met 13 with the general counsel from the various 14 agencies. We are trying to identify agencies that 15 are already doing a good job of investigating 16 their cases up front so that they know the value 17 of the case and know what everyone's interest in 18 the case is worth. 19 When this works they do not waste 20 taxpayers' money in needless litigation and we're 21 able to resolve the case early on. We're using 22 them as examples for all federal agencies and I 23 expect that we will see some significant results. 24 But that still presents the question 25 that too often the average American doesn't even 20 1 see a federal courtroom, isn't even affected in 2 their day-to-day lives by what happens in a 3 federal court. These are people that can't even 4 get into small claims court. They don't know 5 where it is and they don't know how to work 6 through the processes. 7 But many of their disputes are with 8 government. And government can look beyond them, 9 can talk to them in legalese, can talk to them 10 with forms that are confusing and duplicative and 11 frightening and scary. And so what we have tried 12 to do in the Department of Justice and what the 13 President has tried to do is make government more 14 responsive to the people. 15 One of my favorite letters in the 16 Department of Justice is to a consumer, a consumer 17 of our services. Dear so and so. Thank you for 18 your letter in which you stated "A." You also 19 stated "B." In the end you stated "C." We will 20 certainly take your views under consideration, 21 sincerely. And that's the last that's heard. 22 I have seen people go to government 23 service offices where the line extends around the 24 block and they get tired and they go home and they 25 don't care. All of us who work in government have 21 1 got to learn to run government like we would want 2 it to serve our mother, our sisters, our brothers 3 and the people we love. 4 (Applause) 5 Yet, even if we perfect our ways there 6 will be instances in which we can use mediation. 7 And it is important that we learn to use mediation 8 in our day-to-day work to prevent too many 9 Americans from walking away frustrated, upset and 10 confused and disenchanted with their government. 11 The Americans With Disabilities Act 12 provides a concrete example of how we're trying to 13 do some of this work, firmly and fairly and 14 without lawyers. This is a marvelous act. It's 15 given 48 million Americans with disabilities an 16 opportunity to walk through doors that were never 17 opened for them. 18 But I have had a chance to meet with 19 industry executives who are affected by the act. 20 When first meeting with them they will tell you 21 they are terrified of the regulations. They are 22 so complicated. We have got to do something about 23 those regulations. 24 But to deal with this concern we have 25 sought to reach out and educate and assume that 22 1 people want to comply with the law. We have tried 2 to provide technical expertise and technical 3 assistance to enable them to understand how to 4 comply with the law. And we have tried to frame 5 it in terms that people can understand. 6 Shortly after I took office I went to 7 Tacoma Park, Maryland to see what a tiny town 8 outside of Washington had done in terms of opening 9 its drugstore, its city hall, its community 10 services and other community facilities to people 11 with disabilities. You can do it smart; you can 12 do it reasonably, and it's not terrifying and it's 13 not complicated. For that reason many doors have 14 been opened without even mediation. 15 But problems still arise and we have 16 developed a program to provide free mediation 17 services to those citizens who have asked the 18 department to assist them in resolving their 19 claims under the act. We issued a grant to a 20 local foundation for mediation services. The 21 program has been enormously effective with a 22 success rate of cases mediated of about 80 23 percent. We are expanding the program over the 24 next year and urge your members to participate. 25 Now parties are requesting on their own 23 1 mediation of the Americans With Disabilities Act 2 disputes. This news should come as no surprise. 3 Using dispute resolution techniques 4 means that the parties are empowered to find their 5 own creative solutions to resolving disputes and 6 to solving the problem to everybody's 7 satisfaction. 8 In another area, one of my hero and 9 heroine agencies of the Department of Justice is 10 the Justice Department's Community Relations 11 Service. For over 30 years this wonderful 12 organization has helped communities resolve their 13 disputes in so many tense situations. In the city 14 I love I have watched CRS representatives there in 15 the most difficult, tense and agonizing situations 16 bringing calm, bringing peace to a situation that 17 seemed irretrievable. 18 And even now after dramatic cuts by 19 Congress the CRS continues to do wonderful work to 20 ease tensions, whether they arise as the result of 21 a tragic church burning, disputes on Indian 22 reservations or disputes in our urban area. 23 In law enforcement we're trying to do 24 everything we can to perfect our negotiation 25 skills, to understand when we use mediation. And 24 1 the resolution of the situation in Montana is an 2 example of the commitment that the FBI has brought 3 to this whole undertaking under the leadership of 4 Director Freeh. 5 In our community policing program as we 6 attempt to put 100,000 community police officers 7 on the streets, we're trying to develop a new 8 spirit in policing, a policing that reaches out to 9 the community, that involves the community the 10 police officer serves in identifying the problems 11 and establishing priorities and in working 12 together to resolve the conflicts before they get 13 really started. Community police officers can be 14 such an important player in this whole effort to 15 achieve appropriate resolution of all our 16 disputes, sometimes just by manner and body 17 language, sometimes by tone of voice, sometimes by 18 sitting down and saying let's talk about it, we 19 can work it out. 20 And so, whether it's in that conference 21 room, that magnificent conference room at the 22 Department of Justice where Bobby Kennedy had his 23 office, or working out a problem with an employee, 24 the Justice Department is trying to use the tools 25 that you have led the way to put in the hands of 25 1 all Americans. 2 We have learned so much from you and we 3 have made so much progress, but we have so very 4 much, much more to do. When I came to office as I 5 prepared for my confirmation and at my hearing, I 6 told the Senate Judiciary Committee that I thought 7 the single greatest crime problem in America today 8 was the problem of youth violence. I had seen too 9 much of it in my own home community as a 10 prosecutor there. I had looked at the figures and 11 seen the dramatic increase since 1985 and I was 12 troubled. 13 I realized early on after looking at 14 pre-sentence investigations and after tracing the 15 history of the child back to when they first came 16 into this world, that there were points along the 17 way where we could make a difference. There 18 needed to be punishment, fair punishment that fit 19 the crime that people could have confidence in. 20 But it made no sense to take that child and turn 21 them back from the juvenile detention facility to 22 the "Department Of The Open Air Drug Market" where 23 they got into trouble in the first place, where 24 they were again at war with the person that had 25 shot them and sent them to the juvenile detention 26 1 facility or vice versa. 2 We could do so much in terms of 3 aftercare, in terms of dealing with victims and 4 defendants in youth violence situations. We could 5 make a difference. We could do so much in terms 6 of addressing problems of treatment, of 7 supervision. But why wait until the crime is 8 committed. Why wait until the young person is 9 gunned down. Why wait until one who guns somebody 10 down goes to detention and loses their life as an 11 effective life for the rest of their life. We can 12 do so much more if we prevent crime in the first 13 place. 14 We have tried to develop a comprehensive 15 program that balances punishment and prevention in 16 a proper way. And we are seeing some results. 17 The juvenile murder rate is down for the second 18 time this year. The violence rate is down for the 19 first time. But the number of young people in the 20 ages of 10 to 17 is going to increase 21 significantly in the next ten years. What do we 22 do. 23 It is important that this nation invest 24 in its children, in its future, just as you have 25 done in this conference. It is important that we 27 1 listen to our young people and that we listen to 2 them as they help us design a blueprint for the 3 next century. 4 We must make an investment in better 5 education, in early childhood, in truancy 6 prevention, in job preparation. But your young 7 people today showed me what I already knew but 8 know better now after listening to them. We have 9 got to make a major investments in teaching our 10 young people how to resolve conflict without 11 knives and guns and fists. And if we do, we will 12 make a difference. 13 (Applause) 14 The Department of Justice began working 15 in 1994 with the Department of Education to 16 develop a guidebook for schools and communities on 17 programs that worked in conflict resolution in 18 schools, in community-based organizations, in 19 juvenile detention facilities. We are now 20 developing regional programs, the first of which 21 was held in St. Louis on October the 17th, to find 22 out how we can do this better, to evaluate what's 23 working and what's not working, and to work with 24 SPIDR and other groups to do everything we can to 25 get the message out. 28 1 The message from the young people an 2 hour ago was loud and clear. We need to get the 3 message out. You need to tell the newspapers; you 4 need to tell the police; you need to tell the 5 school teachers; you need to tell the mayor; you 6 have got to get the message out. Because as they 7 say, it works. It's working for me. Let's make 8 it work for everybody. 9 What impresses me so much is what the 10 young people can do. And as part of these 11 regional programs we're having, when we write to a 12 school or a community-based organization and 13 invite them to the program we say come as a team 14 and bring a young person, they have so much to 15 say. 16 We have got to make sure that even -- we 17 have got to understand that the young people can't 18 do it by themselves, that teachers can make a 19 difference, that the police officer can make a 20 difference. And these people are willing if only 21 we can get out and get them trained. 22 I, as part of my pro bono policy -- I 23 have encouraged Department of Justice lawyers to 24 contribute 50 hours aspirational, as an 25 aspirational goal of community service each year. 29 1 And I am working in community and school dispute 2 resolution programs. I am getting trained slowly. 3 And I am learning lots. 4 But I am encouraging and promoting, in 5 the schools of Washington and with teachers, 6 dispute resolution techniques. And three times 7 this summer I went to a program in the DC public 8 schools where teachers volunteered their own time 9 for three days to come in and learn mediation and 10 dispute resolution techniques. 11 It is so encouraging to see a teacher 12 who's used common sense suddenly begin to grin and 13 say, Oh, yes I see how that works, and see people 14 willing to give their time to teach that teacher 15 how to resolve disputes in an effective manner. 16 It's just wonderful. 17 Think of what we can do if we train 18 every teacher, every police officer, every parks 19 and recreation specialist, every child care 20 worker. Just think of what we can do. 21 But we have got to teach our children so 22 that they don't need the mediator in the first 23 place. We have got to teach them to resolve their 24 conflicts without knives and guns and fists. We 25 have got to do so much in terms of preparing them 30 1 for the world. And if we do, we have got to look 2 to those days earlier than the school. 3 When the crack epidemic hit Miami I had 4 to figure out what to do with the crack-involved 5 infants and their mothers. The doctors took me to 6 the public hospital and to the babies in the 7 nursery which was overflowing with babies who had 8 not been talked to or held except when changed or 9 fed, babies who were not beginning to react with 10 human emotion although the child across the room 11 who had terrible birth defects was beginning to 12 respond to parents who were with her around the 13 clock as much as possible. 14 And the child development experts taught 15 me something that has held me in good stead ever 16 since I came to Washington. The most formative 17 time in a person's life is zero to five. The 18 concept of reward and punishment and conscience is 19 developed during that time. Fifty percent of all 20 learned human response is learned during that 21 time. What good are all the prisons going to be 22 18 years from now unless we invest in children in 23 those early years. 24 (Applause) 25 What good are all of your marvelous 31 1 training programs going to be for an angry young 2 man at 11 years old who's never developed a 3 conscience or understood or been held or talked to 4 or supported or raised right. All America has got 5 to join together to make an investment in those 6 early years. 7 And in looking at your program I was so 8 gratified to see zero to five on there. And it is 9 so wonderful in the last three weeks in Washington 10 to have found two people that are specializing in 11 conflict resolutions programs for zero to five. 12 (Applause) 13 But even if we do right by our children, 14 violence is a learned behavior. And too many of 15 our children in America today are learning 16 violence from what they see in the home. 17 This nation in 1994 made a major 18 commitment to violence against women and domestic 19 violence. But we have got to take all of the 20 tools that you are developing and with renewed 21 effort go to parents, go to families and provide 22 mediation centers and dispute resolution centers 23 that are immediately and automatically available 24 to help parents and families resolve their 25 disputes before, or if we're ever to resolve 32 1 disputes on the streets or in the schools of this 2 nation. But based on all that you have done I 3 know we can do it. 4 What are my dreams for the 21st Century. 5 Look at what you have done in 24 years and think 6 of what it will be like 24 years from now. Maybe, 7 just maybe, you will have your 48th annual 8 conference in Miami. And as I told the young 9 people a little bit ago, I'll be an 82-year-old 10 little, old lady that walks into the back of the 11 room and listens to maybe the Attorney General of 12 the United States talking about what you have 13 done. 14 And what I expect that I will hear is 15 that you and the young people I heard earlier 16 today will have led the way to ensuring that every 17 teacher, every police officer, every businessman, 18 every lawyer, every person in America has been 19 trained, as we have trained them to read and write 20 and to do basic arithmetic, in resolving disputes 21 without knifes and guns and fists and bruising 22 arguments and costly lawsuits and battles that are 23 not worth it. 24 I expect that I will hear that there are 25 mediation programs -- not as many as you might 33 1 think we need because you have done such a 2 wonderful job of teaching people how to resolve 3 disputes -- but there will be mediation programs 4 that are immediately available to families that 5 are in crisis, to children that are in detention 6 facilities. But I urge you because I hope I don't 7 hear when I sit in the back of the room that we 8 have created a whole new bureaucracy to replace 9 the bureaucracy of the courts. 10 (Applause) 11 But that what we have done is take what 12 we have and weave it together in community setting 13 after community setting so that we serve the 14 people directly and with our heart and our soul. 15 But I will be interested because I will 16 not understand fully what we have done to face the 17 new challenges. Communities will be ever more 18 important to us in this next century. It will be 19 what we hang on to. Family will be ever more 20 important. It will be what we hang on to. But as 21 community and family we will be as one with a 22 world, a world that will be linked by technology 23 that we never dreamed of, a world that can put 24 conflict at our doorstep in a moment, a world that 25 can present us with the most extraordinary 34 1 challenges of understanding, but a world that has 2 opportunities that we never dreamed of 3 communicating. 4 I hope that we will take the skills that 5 you are forging in your pioneering efforts and 6 learn how to use Cyberspace, learn how to use the 7 Internet, learn how to communicate the worldwide 8 round in peace and not in conflict. 9 I will be watching from the back of the 10 room to see how we have come to deal with the fact 11 that we can be anywhere in the briefest period of 12 time, and that this world in terms of crime, in 13 terms of migration, in terms of the environment, 14 in terms of the economy, in terms of trade, in 15 terms of health care, is linked as it has never 16 been linked before. Communities and people will 17 have to all be part of a world that is dedicated 18 and committed to a century of peace because of 19 your pioneering efforts. 20 I think that little, old lady in the 21 back of the room is going to be mighty happy. 22 (Applause) 23 VOICE: It's my great honor to speak on 24 behalf of all of you in the room in thanking the 25 Honorable Janet Reno for a remarkable address that 35 1 gives great dignity not only to her personal 2 understanding of the field of dispute resolution 3 but a passionate conviction and commitment to the 4 development of the field. 5 It's easy to say no; it takes great 6 courage to say yes. But it takes a remarkable 7 person with leadership, wisdom and energy that 8 inspires people to find ways to have the courage 9 to say yes. And we're fortunate that we have 10 leaders who can speak in such plain but powerful 11 terms about problem solving, about listening and 12 respect that can send a message out in ways that 13 almost nobody could fail to understand. And for 14 that, for having an ambassador, a voice, a 15 spokesperson at the very highest levels of 16 authority present before us today is truly a great 17 honor to the organization. And I am deeply 18 grateful. 19 (Applause) 20 I wanted to present the Attorney General 21 with this plaque. The plaque reads, "The Society 22 of Professionals In Dispute Resolution, 23 presidential recognition of the United States 24 Attorney General Janet Reno for her outstanding 25 commitment and work in the field of dispute 36 1 resolution, October 1996." And a fine moment for 2 SPIDR. 3 (Applause) 4 (At 1:54 p.m., the meeting was 5 concluded.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 1 CERTIFICATE 2 STATE OF CALIFORNIA ) 3 ) ss. 4 COUNTY OF LOS ANGELES ) 5 6 I, DARYL BAUCUM, CSR No. 10356, a 7 resident of the County of Los Angeles, State of 8 California, declare: 9 That the foregoing proceedings were 10 taken before me at the time and place herein set 11 forth, at which time the aforesaid proceedings 12 were stenographically recorded by me and 13 thereafter transcribed under my supervision; and 14 That the foregoing transcript, as typed, 15 is a true record of the said proceedings. 16 IN WITNESS WHEREOF, I have subscribed my 17 name this 18th day of October, 1996. 18 19 20 ____________________________ 21 22 Daryl Baucum, CSR No. 10356 23 24 25