Dispute Resolution Section

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    Register Today! Dispute Resolution Section Meeting - Thursday, January 25, 2018
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    Join the Section Join the Dispute Resolution Section Today!
  • DRS/FED March 13th Program
    On March 13, 2017, the Dispute Resolution and Commercial and Federal Litigation Sections collaborate in Fordham Symposium on Best Practices from Bar to Bench.
  • DRS Mediation Program Fordham
    Register Today! March 26-28, 2018 | 3 Day Commercial Mediation Training
  • DRS Arbitration Program Cardozo
    Save the Date! June 18-20, 2018 | 3 Day Commercial Arbitration Training
  • Upcoming Events
    • Upcoming Events and Committee Meetings

      Mark your calendars for the following Committee meetings and upcoming events! 

      COMMITTEE MEETINGS

      ADR in the Courts Committee  
      December 6, 2017  - Speaker - Leslie Berkoff, Bankruptcy Mediator
      January 3, 2018 - Speaker - Hon. Milton Tingling, NY County Clerk
      February 7, 2018 - Speaker - Melissa B. Ringel, Special Master, Supreme Court of the State of New York
      March 2018 - NO MEETING
      April 4, 2018  - Speaker - Prof. Donna Shetowsky, US Davis Law School Author of a forth coming article on ADR in Court programs
      May 2, 2018 - Speaker - Sarah Rudgers-Tysz, Executive Director, Mediation Matters 
      June 6, 2018 - Speaker - Julie M. Loesch, Esq., Director, Center for Resolution and Justice (CRJ) at Child & Family Services and Bridget M. O'Connell, Esq., JD/MSW, Chair, ADR Committee Bar Association of Erie County
      Meetings are held every 1st Wednesday of the month. 

      Arbitration Committee  
      November 16, 2017  
      December 14, 2017 
      January 18, 2018 
      February 14, 2018 
      March 14, 2018 
      April 19, 2018 
      May 16, 2018 
      June 13, 2018 

      Diversity Committee 
      November 20, 2017 

      Executive Committee 
      December 7, 2017  
      January 25, 2018 (in conjunction with the Annual Meeting) 
      March 7, 2018 
      May 9, 2018 

      Mediation Committee
      November 13, 2017 -- Meeting Canceled
      December 11, 2017 
      January 8, 2018 
      February 12, 2018 
      March 12, 2018 
      April 9, 2018 
      May 14, 2018 

      Negotiation Committee
      December 18, 2017  
      January 15, 2018 
      February 20, 2018 
      March 19, 2018 
      April 16, 2018 
      May 21, 2018 
      June 18, 2018 

      WEBINARS 

      November 29, 2017 - When Arbitration Goes to New York Courts
      December 12, 2017 - Arbitration at Work

      To RSVP any of these meetings, please email Sydney Joy at sjoy@nysba.org. 

      SAVE THE DATE

      Annual Meeting - January 25, 2018  
      3 Day Commercial Mediation Training - March 26-28, 2018 
      3 Day Arbitration Training - June 18-20, 2018 

    • November 14, 2017 - Commercial Arbitration: Domestic vs. International

      Commercial Arbitration: Domestic vs. International - How Different Are They in Practice?
      Tuesday, November 14, 2017 | 6:00 p.m. – 8:00 p.m.
      Program Fee: Free for Members and Members of Sponsoring Organizations | $15 for Non-Members
      Location: New York City Bar Association, 42 West 44th Street, New York, NY 10036

      REGISTER NOW

      If you are a member of the American Arbitration Association; the Chartered Institute of Arbitrators New York Branch (CIArb NY); College of Commercial Arbitrators; New York State Bar Association Dispute Resolution Section; CPR Institute; New York International Arbitration Center (NYIAC); New York State Bar Association International Section; New York State Bar Association Commercial and Federal Litigation Section; or the U.S. Council for International Business (USCIB), please call Customer Service at 212.382.6663 to register. 

      Description: 
      International commercial arbitration differs from domestic commercial arbitration for practical as well as legal reasons. The focus of this program will be on preparing for and representing clients at international commercial arbitration hearings and on how that differs from domestic arbitration. Panelists experienced in representing U.S. and foreign based clients in arbitration will discuss arbitrator selection, discovery or disclosure, and differing approaches to witness preparation, direct and cross-examination. The program will include a mock cross-examination to illustrate international vs. domestic U.S. style.  Arbitration practice guidelines and protocols, sometimes referred to as “soft law,” will be mentioned to the extent they can have an impact on case preparation and presentation. Panelists may also refer to certain treaties and statutes (New York Convention, Panama Convention, Federal Arbitration Act Chapters 1 and 2, NY CPLR Article 75) to the extent they may influence practical considerations. This program will be useful to a broad spectrum of lawyers, including in-house counsel involved in cross-border transactions and arbitration, domestic and international arbitration practitioners and arbitrators, among others.   

      Welcome:
      Richard L. Mattiaccio, Partner, Allegaert Berger & Vogel LLP

      Panels:
      John L. Gardiner, Partner, Skadden, Arps, Slate Meagher & Flom LLP; ICDC Member
      D. Brian King, Partner, Freshfields Bruckhaus Deringer; ICDC Member
      Nancy M. Thevenin, General Counsel, USCIB 
      Jeffrey T. Zaino, Vice President, American Arbitration Association

      Moderator:
      Dana C. MacGrath, Counsel, Sidley Austin LLP

      Ank Santens, Partner, White & Case; CPR Board Member; ICDC Member
      Stephanie Cohen, Independent Arbitrator
      Grant Hanessian, Partner, Baker & McKenzie

      Moderator: 
      Rekha Rangachari, Executive Director, New York International Arbitration Center (NYIAC)

      Oliver J. Armas, Partner, Hogan Lovells US LLP
      Mark W. Friedman, Partner, Debevoise & Plimpton LLP
      Frances Bivens, Partner, Davis Polk & Wardwell LLP

      Moderator:
      Robert B. Davidson, JAMS Arbitrator and Mediator; ICDC Member

      Sponsoring Association Committees:
      Arbitration Committee, Dana MacGrath, Chair
      International Commercial Disputes Committee, Richard L. Mattiaccio, Chair

      Co-Sponsoring Association Committees:
      In-House/Outside Litigation Counsel Group, Anthony John Bosco and Louis A. Craco, Jr., Co-Chairs
      International Law Committee, Anibal Sabater, Chair

      Co-Sponsoring Organizations:
      American Arbitration Association (AAA)
      Chartered Institute of Arbitrators New York Branch (CIArb NY)
      College of Commercial Arbitrators 
      CPR International Institute for Conflict Prevention & Resolution
      New York State Bar Association Dispute Resolution Section
      New York International Arbitration Center (NYIAC)
      New York State Bar Association International Section 
      New York State Bar Association Commercial and Federal Litigation Section
      U. S. Council for International Business (USCIB), the U.S. Affiliate of the International Chamber of Commerce

    • November 16, 2017 - Arbitration Technopolis

      In Conjunction with the Fordham International Arbitration Conference:

      Arbitration Technopolis: Tips, Tools and Technology to Support a Modern Arbitration Practice 

      November 16, 2017
      2:00 - 5:00 P.M. - Program
      5:00 - 7:00 P.m - Reception

      NYIAC
      150 East 42nd Street, 17th Floor
      New York, NY 

      Member of NYIAC or other co-sponsoring entity: $75.00
      Non-Member - $95.00

      View program flyer for more information. 

      Register Here 

      Program Agenda
      1:45 p.m
      . Registration
      2:00-2:05 p.m. Co-Chairs’ Welcome
      2:05-3:05 p.m. Cybersecurity Solutions: Defensive Measures for All
      Regardless of one’s role in an arbitration, individual practice setting (BigLaw or solo), or access to IT support, everyone can readily take certain measures to improve the cybersecurity of arbitration-related information. After debunking prevalent myths about cybersecurity in the arbitration process, this session will provide practical, actionable cybersecurity advice relevant to everyone in the arbitration process.
      3:10–4:10 p.m. Tips and Tools Workshops: Arbitrator and Counsel Tracks Participants will choose between parallel tips and tools workshops for arbitrators and counsel that will offer practical take-aways for leveraging technology to effectively (and securely) manage arbitration cases. Counsel will also gain insight on topics such as issues to be considered when using third-party platforms to host arbitration-related information, while arbitrators will benefit from how-to, time-saving tips for tasks such as award drafting.
      4:15-5:00 p.m. Roundtable: Expectations and Frustrations in the Arbitration Technopolis
      There is no denying that the modern arbitration case lives in the digital world. But are we making the most of technology to reduce arbitration time and costs and living up to user wants and expectations?
      5:00-7:00 p.m. Cocktail Reception

      Register Here 

    • November 17, 2017 - Fordham International Arbitration Conference

      Fordham International Arbitration Conference

      Facing the Future in International Arbitration: Evolving Issues, Practices and Solutions

      November 17, 2017

      Fordham University School of Law
      150 West 62nd Street
      New York, NY 10023

      REGISTER NOW

      8:15 a.m. - 9:00 a.m. - Registration
      9:00 a.m. - 5:30 p.m. - Conference
      5:30 p.m. - 7:30 p.m. - Reception

      Topics to include:

      • Emerging Expectations for Arbitrators? Duties, Accountability and Transparency
      • A Mock Arbitration for Your Case: Optimizing Your Strategies and Maximizing Success
      • Third-Party Funding: What Are the Issues for International Arbitration?
      • Determining Value in Arbitration: The Special Role of the Expert
      • Arbitrator Remedies: What Should the Tribunal Order and Why?

      For more information view the program brochure

    • November 29, 2017 - Webinar: When Arbitration Goes to New York Courts

      WEBINAR: WHEN ARBITRATION GOES TO NEW YORK COURTS: RECENT DEVELOPMENTS IN THE RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS

      November 29, 2017
      12:30 p.m. - 1:30 p.m.

      Cost:
      NYSBA Members: Free
      Non-NYSBA Members: $20.00

      REGISTER NOW

      In this 60-minute webinar, experienced counsel will take you on a tour of recent cases from New York’s federal and state courts concerning the recognition and enforcement of domestic and international arbitration awards, bringing you up to speed on the latest developments in the manifest disregard of the law doctrine as well as trends in the treatment of awards annulled at the seat of arbitration. This program is not to be missed by arbitration practitioners or litigators who regularly appear in New York courts to enforce or challenge arbitration awards!

      Speakers:

      Frances Bivens, Davis Polk & Wardwell LLP
      Derek Soller, Baker McKenzie

      *This webinar is informational only, MCLE credits will not be given. 

      For more information about the Dispute Resolution Section, please contact Sydney Joy.

    • December 12, 2017 - Webinar: Arbitration at Work: The Supreme Court's Visit to the Office

      WEBINAR: ARBITRATION AT WORK: THE SUPREME COURT'S VISIT TO THE OFFICE 

      December 12, 2017
      12:30 p.m. - 1:30 p.m.

      Cost:
      NYSBA Members: Free
      Non-NYSBA Members: $20.00

      REGISTER NOW

      In a battle between the enforceability of arbitration collective and class action waiver clauses in employment agreements and the right of employees under the National Labor Relations Act to engage in “concerted activities” for “mutual aid or protection,” which side will win?  In October, the U.S. Supreme Court heard oral argument on this very question in the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young. In this lunchtime webinar, experienced counsel in the field will give us their take on the oral argument and consider the potential implications of the forthcoming decision not only in the context of employment agreements, but for arbitration agreements generally.

      Moderator:
      Steven Skulnik, Practical Law - Thomson Reuters, DRS Arbitration Committee Co-Chair

      Speakers:
      John Halebian, Lovell Stewart Halebian Jacobson LLP
      Tracey Salmon-Smith, Bressler, Amery & Ross, P.C.

      Jointly presented by the Dispute Resolution and Labor & Employment Law Sections.

      *This webinar is informational only, MCLE credits will not be given.

      REGISTER NOW

      To learn more about Dispute Resolution Section, please contact Sydney Joy

    • March 26-28, 2018 - 3-Day Mediation Training

       DISPUTE RESOLUTION SECTION AND FORDHAM UNIVERSITY SCHOOL OF LAW
       3-DAY COMMERCIAL MEDIATION TRAINING

      March 26-28, 2018 

      Fordham University School of Law
      140 West 62nd Street
      New York, NY 10023 

      REGISTER NOW

      Rates:
      $795 for Dispute Resolution Section Members and Fordham Alumnihttp://
      $845 for NYSBA Members
      $945 for Non-NYSBA Members
      Includes continental breakfast, lunch, coffee, and electronic online program materials. 

      CLE Credits:
      Earn up to 24 CREDIT HOURS. The breakdown is as follows: 6.0 MCLE Credits in Areas of Professional Practice, 12.5 in Skills, 4.0 in Ethics, and 1.5 in Law Practice Management. THIS PROGRAM IS TRANSITIONAL AND THEREFORE SUITABLE FOR NEWLY ADMITTED ATTORNEYS.

      This three-day course will present a thorough examination of mediation principles and techniques. The program faculty will analyze the structure of a typical mediation, highlight ethical issues that may rise in mediation, and explore solutions for generating movement and overcoming impasse.

      The program faculty will explore the differences between facilitative and evaluative or directive approaches in mediation, both from a practical and from an ethical perspective, and will discuss the advantages and disadvantages of these styles. The instructors will focus on experiential learning through role plays and dialogue to help prepare you for the real world of commercial mediation.

      Topics & Skills Presented by: Simeon H. Baum, Esq., litigator, mediator & President, Resolve Mediation Services, Inc. (www.mediators.com) and Stephen A. Hochman, Esq., mediator & arbitrator
      • Cultivating ideal Mediator orientation, attitude & awareness
      • Effective Preparation
      • Effective Communication
      • Deep Listening Skills
      • Effective Openings
      • Maximizing Opportunities in Joint Session
      • Wise Caucusing
      • Power Risk Analysis – art, timing & tact in engaging in evaluative processes
      • Impasse Breaking
      • Coming to Closure
      • Theoretical tools to Grasp the underlying Negotiation
      • Mediation Ethics

      REGISTER NOW

      View program brochure

      For additional information contact Sydney Joy at 518-487-5630 or by email at sjoy@nysba.org.

    • June 18-20, 2018 - 3-Day Commercial Arbitration Training

      SAVE THE DATE |  JUNE 18-20, 2018
      3-DAY COMMERCIAL ARBITRATION TRAINING

      Benjamin N. Cardozo School of Law
      55 Fifth Avenue
      New York, NY  10003
       

      Earn up to 25.5 MCLE Credits | 4.5 credits in Ethics, 10 credits in Skills and 11 credits in Professional Practice

      This three-day program will focus on Best Practices in conducting commercial arbitrations. It is designed to introduce persons interested in becoming arbitrators as well as experienced arbitrators to contemporary Best Practices in arbitration, based upon recommendations by the College of Commercial Arbitrators, the American Arbitration Association, CPR, JAMS, and other arbitration thought-leaders.   

      This will be an interactive program with active participation by those taking the training. 

      More information and registration coming soon! 

    • Call for Speakers!


      WE ARE LOOKING FOR NEW VOICES: A CALL FOR SPEAKERS, PANELISTS AND WRITERS

      The Dispute Resolution Section is looking for speakers, panelists, and writers to participate and contribute to its meetings and publications. Please consider volunteering to speak, serve on a panel, write or otherwise contribute to one of our upcoming events or publications. We welcome new perspectives and are committed to presenting panels that are DIVERSE in terms of race, ethnicity, gender, sexual orientation, gender identity, age, disability and religion.

      If you are interested in participating or have any recommendations for future programs, please click here to fill out the form. Please email the filled out form to Sydney Joy

      To learn more about the Dispute Resolution Section, please contact Sydney Joy

  • Blog: Resolution Roundtable

    Resolution Roundtable, the official Blog of the Dispute Resolution Section of the New York State Bar Association. The Dispute Resolution Section focuses on negotiation, collaboration, mediation, neutral evaluation, arbitration and other new and hybrid forms of dispute resolution in all areas of legal practice. This blog will report on current developments in these areas, provide practice tips and techniques, highlight ways in which experienced practitioners have dealt with unusual or particularly difficult issues, report on section events and other matters of interest to all the participants in party-selected solutions. To view the blog click here

    Jeffrey T. Zaino, chair of the Dispute Resolution Section Blog Committee and Blog Administrator, is coordinating all blog posts for the Section.

    If you wish to participate as a blogger or want to propose blog topics, please contact Jeffrey T. Zaino at zainoj@adr.org.

  • Section Resources and Reports

    Dispute Resolution Section Resources & Reports

    The Dispute Resolution Section prides itself in the resources that it provides its members and the community.  Please click on the links below for our comprehensive resource guide, Section reports, white papers, ad other Section Publications. 

    ADR Resource Guide For Mediators and Arbitrators 

    Section Reports 

    Section White Papers

    Section Publications

  • New York Dispute Resolution Lawyer

    VIEW THE LATEST NEW YORK DISPUTE RESOLUTION LAWYER

    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. The New York Dispute Resolution Lawyer is published by the Dispute Resolution Section and distributed to Section Members free of charge.

    Read Now>