Join the New York State Bar Association’s Dispute Resolution Section at their Fall Meeting:
Winning with ADR: Strategies for Successfully Leveraging the Tools in the ADR Toolbox
Monday, October 20, 2014
9:00 am – 4:30 pm CLE Program
Fordham Law School
Lowenstein Building | 12th Floor Lounge
113 West 60th Street
New York, NY 10023
You can earn up to 6.0 MCLE
credit hours (1.0 in Ethics and 5 in Skills.)
Dispute Resolution Section member fee: $200
NYSBA member fee: $250
Non-NYSBA member fee: $275
Fordham Law School Alumni fee: $200
Law Student fee: $50
Register by September 22, 2014 and take $50 off the above registration fees (except for law students).
Kathleen Scanlon, Esq., Law Offices Of Kathleen M Scanlon PLLC
Deborah Masucci, Esq., American International Group
Marc J. Goldstein Litigation & Arbitration Chambers
9:15 – 10:15 am Mock Circuit Court Argument – The Breadth of Arbitrator Subpoena Power Under FRCP 45
The issue that this mock arbitration will address is of considerable importance to arbitration governed by the FAA. It concerns the scope of federal power to enforce an arbitral subpoena for a corporate witness. The argument will relate to a decision in Wultz v. Bank of China Ltd., 298 F.R.D. 91, concerning enforcement of a judicial Rule 45 subpoena that called for a Rule 30(b)(6) deposition of a non-party foreign bank that was jurisdictionally present in New York but whose knowledgeable personnel resided abroad. This mock argument presents two issues not decided in the Second Circuit: (1) whether judicial enforcement powers under FAA Section 7 are limited to those that pertain to a judicial trial subpoena, and (2) if so, whether a trial subpoena issued to a corporation or other entity may require the designation of a knowledgeable witness.
Panel of Judges:
Robert Davidson, JAMS- The Resolution Experts
Dana C. MacGrath, Sidley Austin LLP
Irene C. Warshauer, Attorney, Mediator and
Richard Mattiaccio, Esq., Squire Patton Boggs LLP
Charlie Moxley, Esq., Moxley ADR LLC
10:15-10:30 am Break
10:30 -11:30 am Where’s the Money- Current Issues on Enforcing Arbitration Awards and Mediated Settlement Agreements
So you've had an arbitration and prevailed. Or you mediated your dispute and you're entitled to payment under a settlement agreement. Now how do you collect? The enforcement stage is an afterthought for many lawyers, but this difficult process can drag on for years. In the case of mediated settlement agreements, it may even be necessary to start a new lawsuit before you can collect. This session will cover the basic processes for enforcing mediated settlements and arbitration awards, followed by a lively discussion by the panelists about current issues in enforcement, including efforts to make enforcing mediated settlements easier and using New York's CPLR to collect an international arbitration award against a foreign entity.
Moderator: Jennifer Cabrera, Esq., Cabrera Cammarota PLLC
Theresa J. Baker, Esq., Metropolitan Life Ins. Co.
Viren Mascarenhas, Esq., King & Spalding LLP
Colm McInerney, Esq., Skadden, Arps, Slate, Meagher & Flom LLP
Edna Sussman, Esq., Sussman ADR LLC
11:30 am - 12:25 pm ADR in the Vanguard: A Conversation on ADR and Start-ups in New York
This session will present a unique opportunity to hear the views and experiences of in-house counsel for New York start-ups about the use of ADR. The format will be an informal roundtable conversation. There will be an opportunity for questions from the audience, which will be solicited prior to the session and selected by the moderator for discussion.
Breen Sullivan, Esq., Bright Power, Inc.
Heidi Garfield, Esq., Shutterstock, Inc.
Brian Chase, Esq., Foursquare Labs, Inc.,
12:30 - 1:30 pm Lunch
1:35 - 2:30 pm If You Build It, They Will Come: Mandatory Mediation in NY Courts
The courts are huge supporters of mediation and arbitration. Many courts establish policies and programs referring cases to mediators. This panel will discuss pilot and model mediation programs established in New York and New Jersey Courts. The discussion will describe the types of programs offered, acceptance by the members of the bar and impact on the Court’s docket.
David Singer, Esq., Dorsey and Whitney
N. Janine Dickey, Esq. Accredited Professional Mediator
Krista Gottlieb, Esq., Mattar, D'Agostino & Gottlieb, LLP
Stephen A. Hochman, Esq.
Barry Radlin, Esq., ADR Program Administrator
Dan Weitz, Esq., Office of ADR and Court Improvement New York State Unified Court System
2:30 - 2:40 pm Break
2:40 - 3:30 pm Bridging the Cross Cultural Divide in Mediation
Panelists in this session will roleplay key parts of a mediation starting with selection of the mediator, pre-mediation planning, and use of joint/private caucuses. The panelists will emphasize how the culture of the parties, counsel and the mediator impacts decisions in the mediation from the viewpoint of Europe, Asia, and the U.S.
Moderator: Deborah Masucci, Esq., Chair of the International Mediation Institute and Masucci Dispute Management and Resolution Services
James Rhodes, Esq., Attorney, Arbitrator and Mediator
Robert Davidson, Esq., JAMS The Resolution Experts
Edna Sussman, Esq., Sussman ADR LLC
Jack P. Levin, Esq., Arbitrator and Mediator
Laurent Deis, Esq., Mediator and Attorney at law
Carolyn E. Hansen, Esq., Attorney and Mediator
Dominique Brown-Berset, Brown & Page, Geneva, Switzerland
Dr. Nikolaus Pitkowitz, Graf & Pitkowitz - Vienna, Austria
3:30 - 4:30 pm The Rules of Engagement: A Simulated Arbitration Ethics Hotline
This session presents arbitration professional responsibility and ethical issues in the format of an Arbitration Ethics Hotline. The session will be modeled after the actual NYC Bar Ethics Hotline, where practitioners faced with ethical questions regarding their own prospective conduct can call. The purpose of the Arbitration Ethics Hotline will be to provide informal guidance to callers in accordance with the relevant rules of professional responsibility, advisory opinions, statutes, arbitration rules and ethical canons. Hypothetical questions and issues will be presented to the panelists, who will be playing the role of volunteers staffing the Hotline as practitioners experience in professional ethics and arbitration.
Jennifer Paradise, Esq., White & Case LLP
Olivier Andre, Esq., CPR Institute
Devika Kewalramani, Esq., Moses & Singer LLP
Professor Jacqueline Nolan-HaleyEsq., Fordham Law School
Mail-in Registration Form