The New York Dispute Resolution Lawyer features peer-written substantive articles relating to the practice of dispute resolution on various topics including arbitration, mediation, and collaborative law. Also included are updates on case law and legislation, as well as Section activities. Edited by Edna Sussman, Esq. and Laura A. Kaster, Esq., the New York Dispute Resolution Lawyer is published by the Dispute Resolution Section and distributed to Section Members free of charge.

The New York Dispute Resolution Lawyer is published as a benefit for members of the Dispute Resolution Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved.  ISSN 1945-6522 (print)     ISSN 1945-6530 (online)

(Spring 2013)

Message from the Chair
(Rona G. Shamoon)

Message from the Co-Editors
(Edna Sussman and Laura A. Kaster)

Dispute Resolution Section News
Annual Meeting

October—DR Section at Fordham

Opening This Spring: The New York International Arbitration Center

Ethics
Confidentiality: The Illusion and the Reality—Affirmative Steps for Lawyers and Mediators to Help Safeguard Their Mediation Communications
(Elayne E. Greenberg)

Arbitration
Fast Track Arbitration: A Proposed Solution to the “Elephantine Laboriousness” of International Commercial Arbitration
(Jane Wessel)

Emergency Interim Relief Under the ICDR Rules: Practical and Legal Considerations
(J. Brian Casey)

Arbitration’s Enduring Value: Looking Beyond Time and Cost
(James E. Berger)

Mandatory Trust Arbitration in the U.S. and Abroad
(S.I. Strong)

The Firm Roots of ADR in Federal Acquisition
(John A. Dietrich)

Benefits of Arbitration for Commercial Disputes

Mediation
Is Mediation Confidential in New York?
(Richard S. Weil)

Are You Sure You Can Still Tell Mediation and Arbitration Apart?
(Norman Solovay)

Estimating the Financial Value of a Lawsuit With the Case Value AnaylzerTM
(Michael Palmer)

Barking Up the Right Tree: Animals Deserve ADR, Too
(Debra Vey Voda-Hamilton)

International
The 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process
(Paul Friedland and John Templeman)

Review of New York Federal Petitions for Confirmation of Arbitral Awards Shows Swift Resolutions and Certainty of Awards
(Tim McCarthy, David Hoffman, and Ryham Ragab)

The Italian Saga of Mandatory Mediation: The Constitutional Court Ruling
(Francesca De Paolis and Giovanni Nicola Giudice)

Mauritius International Arbitration Act
(Shalini O. Soopramanien)

Book Review
The Public Policy Exception Under the New York Convention
Author: Anton Maurer
(Reviewed by Edna Sussman)

Case Notes
Second Circuit Highlights the Extraordinary Difficulty in Establishing Manifest Disregard
Goldman Sachs Execution & Clearing v. The Official Unsecured Creditors’ Committee
of Bayou Group, LLC, et al.
(Joyce Lai)

Court Denies Disqualification of Attorney in Matrimonial Litigation Despite Attorney’s Initial Participation in Collaborative Law Process
Mandell v. Mandell, 36 Misc. 3d 797, 949 N.Y.S.2d 580 (Sup. Ct., Westchester Co. 2012)
(Erica Barrow)

Arbitrating Arbitrability—The Second Circuit’s Application of the “Clear and Unmistakable” Standard
(Saira Hussain)

Mediation Privilege Under the UMA—Two Recent Cases from New Jersey
(Katherine DeStefano)

Annual Meeting
Program I: No Longer Business As Usual
(Michelle Kremer)

Program II: New Tools For a New Age
(Emily Gornell)

Program III: Hot Topics in Arbitration and Lessons for the Future
(Natalie Elisha and Ross J. Kartez)

Program IV: Ethically and Effectively Maximizing Mediation Outcomes for Your Client
(John James Fagan and Adam John Breaux)

Scenes from the Annual Meeting

(Section Members Only)

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