Toby Treem Guerin

Organization
Maryland Carey Law
Title
Executive Director Center for Dispute Resolution

Toby Treem Guerin is a clinical instructor and executive director of the Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law, where she instructs the Mediation Clinic and Seminar and supervises ADR externships. She has trained hundreds of individuals nationwide on mediation, negotiation and restorative practices.

Guerin served as primary author of “Alternative Dispute Resolution Landscape: An Overview of ADR in the Maryland Court System” and is a 2020 recipient of the Maryland State Bar Association’s Chief Judge Robert M. Bell Award for Outstanding Contribution to ADR in Maryland.

What is the biggest challenge facing your industry today?

The success of dispute resolution, particularly mediation, has led to a growing challenge. What was once an alternative to the litigation process is now a standard practice either through case management practices, mediation clauses or court orders. While this has many advantages, including legitimizing the process and increasing participation, it also presents challenges. As engagement in mediation is incorporated into the life of a litigated case, the voluntary nature of the process and the promise of mediation to resolve disputes at early stages and to provide a forum for more creative solutions has arguably decreased. Dispute resolution scholars recognize this shift, with many advocating for the removal of the “A” in ADR, arguing that it is no longer an alternative.

What is the best advice you’ve ever received?

Don’t wait for others to define your success.

How do you define success? It is easy to ignore problems or to assume that a solution is the same as a resolution. Success lies in identifying a problem and working toward a solution.

Honoree profiles were written using an artificial intelligence program and, when available, supported by forms completed by the honoree. Each profile was reviewed, fact-checked and edited for accuracy by The Daily Record’s editorial staff.

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