Those of us who were fortunate to know him learned a lot from Harris:

Leading sometimes means doing what is right, even when others don’t see it.

Whether it was mentoring the first women to join the bench in the 17^th Judicial Circuit or implementing arbitration and mediation there, Harris stuck his neck out. He opened doors for people and ideas that would bring positive change even in the face of opposition.

Be kind, but don’t be a patsy.

Harris was so kind to everyone he met that it took me a while to understand just how politically savvy he really was. He understood how the rough and tumble of politics was played, and I think he had some fun with it, but it was all with the intent of improving the lives of the citizens of his community and state.

Be humble, but have a healthy ego.

Harris was the kind of guy who knew the names and life stories of the security guards in the courthouse as well as the most powerful lawyers in town. He would thank me for calling him, for working with him, even though he was the one with the power and connections.

Clean up after yourself, no matter how high your status.

Harris never saw any work or any people as beneath him. When we had lunch meetings, Harris was right in there cleaning up the conference room afterward.

Never take yourself too seriously.

Harris would comment on how people didn’t find his jokes as funny once he was no longer a chief judge. And in case he was ever in danger of being too serious, his wife Pegee was there to remind him to laugh.

Listen more than you talk.

Harris was truly interested in what was happening in the lives of those around him and in their points of view. While he was happy to talk about his grandchildren and how proud he was of them, he always asked after my family, too.

Work hard.

Harris never really retired. Even when he was off the bench, he was working to spread ADR around Illinois, to improve the parks of his beloved Rockford, to help others who were experiencing heart disease. As his health deteriorated, he worked hard to regain it. Having experienced what he considered truly hard work loading mortar shells in the military, his work as an insurance adjuster, lawyer, mediator or community leader just didn’t seem so difficult.

Be real.

There was not a phony bone in Harris’ body. What you saw was what you got.

Appreciate what you have been given.

In his semi-retirement, Harris enjoyed being free of the tribulations of being Chief Judge. He relished the opportunity to travel with his wife and their friends in a giant RV.  He reveled in the successes of his grandchildren.

Love your family, your God, your community, your friends.

Harris was old-school in the best possible way. He adored his wife, worshipped faithfully, believed in Rockford, and enjoyed a wide circle of friends.

Believe in ADR.

Harris would tell anyone who would listen about the value of ADR. He worked to bring ADR to courts throughout Illinois. He leveraged his status and connections to develop ADR not to help himself, but because he truly believed it would strengthen the provision of justice.

What can we do to honor Harris’s legacy? We should serve, lead and love. And work hard for positive alternatives to the traditional court system. Just don’t take ourselves too seriously as we do it.

One thing that stands out to me, even after ten years, is the lack of clarity among mediators, lawyers and the mediating public about exactly what the Act provides in terms of confidentiality. Many see the UMA as providing confidentiality of all mediation communications. In fact, what it provides is much narrower than that. The Act provides a privilege for mediation communications, strictly limiting what can be offered in court following mediation. It does not prevent parties or mediators from discussing publicly what happened in mediation. That is still governed by contract among the parties, rules for court mediation programs or other limiting forces. So, while we celebrate ten years of the UMA, be sure to think about what else you might need to do to keep your mediation off the front page.

“As Georgia considers revising its screening tools and policies for domestic violence in mediation, I am seeking examples from other jurisdictions within and outside the United States. As a researcher at Kennesaw State University’s Conflict Management Master’s Program, it is my hope that any changes to Georgia’s DV screening and policies will reflect the current state of knowledge on the subject as well as best practices from our peer courts.”

If your state or program has tools to share please send them to Susan (sraines@kennesaw.edu). She may also conduct a small number of interviews with court staff, judges, or mediators in other states. If Susan’s name sounds familiar, it may be because she is the editor of Conflict Resolution Quarterly, where she does a great job juggling lots of potential articles and putting together a quality publication.

“Alternative dispute resolution methods administered by lawyers and nonlawyers alike can help people avoid court altogether. Mediation is often considered particularly useful in family law cases where it can promote cooperation in parents who must remain significantly involved with one another after their case is resolved.”

The author wisely points out that ADR is not a panacea:

“For some litigants, alternatives to the traditional client-attorney relationship will not work. They may be unable to resolve their disputes in mediation, their case may be too complicated, or they may face personal issues such as mental health problems that make both ADR and self-representation poor options.”

This takes a very healthy perspective, one that those of us who care about both ADR and about individuals with limited resources should embody. We should think broadly about how the processes we promote can assist people and what the limits are to the effectiveness of these processes.

Yesterday RSI honored the Honorable Harris H. Agnew, former Chief Judge of the 17^th Judicial Circuit, based in Rockford, Illinois for his decades of tireless work to expand and enhance the use of court ADR in state and federal courts throughout Illinois. We renamed the award we give “to individuals whose cumulative activities have substantially and meaningfully furthered and enhanced court-annexed alternative dispute resolution (ADR) systems in the State of Illinois” the Harris H. Agnew Service to Community Award. Anyone who receives this renamed award will be doubly honored, as any positive comparison to what Judge Agnew has done for court ADR in Illinois is high praise.

Here’s hoping that every state identifies and honors its Judge Agnew. They are a rare breed who leave a lasting legacy.