Dispute Resolution Section

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  • Upcoming Events
    • Executive Committee Meeting - Date Change!

      The next Executive Committee meeting has been changed from March 14, 2017 to March 21, 2017. The meeting will be held at the same place and time, 8 30 A.M. at Dorsey & Whitney, 51 W. 52nd St., New York,

    • March 3, 2017: Columbia Arbitration Day

      STRIKING A BALANCE: CONFRONTING TENSIONS IN INTERNATIONAL ARBITRATION

      March 3, 2017

      Columbia Law School 
      Jerome L. Greene Hall
      435 West 116th Street
      New York, New York 10027

      To register, click here

      MCLE Credits: 5.5 credits in Professional Practice; 1.5 credits in Ethics. 

      For additional information, visit the CAD website. To view flyer, click here.

      The Columbia International Arbitration Association (CIAA) will be hosting the eighth annual Columbia Arbitration Day (CAD), on Friday, March 3, 2017. CAD is one of the leading international arbitration conferences in New York, bringing together scholars, practitioners, and students from across the world for an annual discussion on the challenges that drive the international arbitration community. The theme of this year's event is "Striking a Balance: Confronting Tensions in International Arbitration." As in past years, CAD 2017 is NYS CLE accredited, and is expected to provide 5.5 Areas of Professional Practice credit hours, and 1.5 Ethics and Professionalism credit hours. To register or for more information on the conference format, speakers, sponsors, or CLE credits, please visit the CAD 2017 website

    • March 13, 2017: Joint Commercial and Federal Litigation Section and Dispute Resolution Section program held at Fordham Law School

      New York State Bar Association Joint Program of Commercial and Federal Litigation Section And Dispute Resolution Section

      Cross-Fertilization of Best Practices Recommendations by ComFed and the DR Section for Improving Dispute Resolution in the Courts and in Arbitration


      Fordham Law School
      | Costantino RM 2-02 | 150 W 62nd St | New York, NY 10023

      March 13, 2017

      7.5 CLE credits in professional practice, this program qualifies for newly admitted attorneys.

      REGISTER NOW

      Agenda:

      8:00-9:00 a.m. - Registration and Continental Breakfast

      9:00-9:15 a.m. - Welcome and Introductions

      Speakers: Charles J. Moxley, Jr., Program Co-Chair, Jeffrey T. Zaino, Program Co-Chair and Dean John D. Feerick

      9:15-10:55 a.m. - What the Litigation World Has Been Doing to Improve the Courts—and What the Arbitration World Can Learn from Those Effort
      This Panel will focus on a discussion of recent reports of ComFed and of the State Bar generally on how to improve the administration of justice in the courts—and then will focus on a discussion about what the arbitration world can learn from these efforts in order to improve the administration of justice in arbitration.
      Moderator: 
      Charles J. Moxley, Jr.
      ComFed Presenters: Jonathan D. Lupkin,   Paul D. Sarkozi, David H. Tennant  
      DR Section Commentators:
      William L.D. Barrett, Sasha Carbone, Abigail Pessen

      10:55-11:05 a.m. - Break

      11:05-12:45 p.m. - What the Arbitration World Has Been Doing to Improve Arbitration—and What the Courts Can Learn from Those Efforts
      This panel will focus on the flip side of panel 1:  It will present a discussion of the various reports and efforts of the Dispute Resolution Section and of other parts of the arbitration world to improve commercial arbitration and particularly to make it more expeditious and economical—and then will turn to the subject of what the courts can learn from these efforts by the arbitration world to aid the courts to improve the handling of individual cases in the courts.
      Moderator: Jeffrey T. Zaino
      DR Section Presenters: Hon. Ariel E. Belen (Ret., JAMS),  Edna Sussman, John H. Wilkinson     
      ComFed Commentators: Steven C. Bennett, Ignatius Grande, James M. Wicks

      12:45-1:40 p.m. - LUNCH

      1:45-3:00 p.m.- Electronic Discovery—The Current State of Play as to the Scope of Electronic Discovery in the Courts and in Arbitration: What the Rules Say and What is Actually Happening
      This panel will focus on the current rules as to electronic discovery, as applied in the courts and in arbitration.  The particular focus will be on both the rules themselves and how they tend to be applied in the courts and in arbitration generally.
      Moderator: Steven Skulnik
      ComFed Presenters:   Maura R. Grossman, Hon. Shira A. Scheindlin (Ret.), Hon. Ira B. Warshawsky (Ret.)                                                   
      DR Section Presenters:
      Sherman W. Kahn, Daniel F. Kolb, Richard L. Mattiaccio

      3:00-3:15 a.m. -Break

      3:15-4:15 p.m. - Search for a Solution—How the Arbitration World and the Courts Can Keep ESI Within the Limits of Proportionality, Efficiency and Economy
      This panel will take the discussion of Panel 3 one step further:  It will involve a discussion not only of how electronic discovery is handled today in the courts and in arbitration, but also of how we can improve the handling of such discovery, both in the courts and in arbitration, in order to deliver more expeditious and economical justice in both forums.
      Moderator: Charles J. Moxley, Jr.
      Speakers: Hon. Carolyn E. Demarest (Ret.), Hon. Ron J. Hedges (Ret.), Hon. Frank Maas (Ret.), Carla Miller, Aníbal Martin Sabater

      4:15-5:15 p.m. - What the Institutions Can Do to Foster the Objective of Expeditious and Economical Dispute Resolution in Arbitration and in the Courts
      This panel will attempt to pull together the entire day’s discussion, from the perspective of arbitration providers and the courts, as to what steps can be taken by those institutions to improve the administration of justice in commercial cases in both types of forums.
      Moderator: Rekha Rangachari
      Speakers: Rocío Digón, Helena Tavares Erickson, Clara Flebus, Luis M. Martinez, Matthew York

      5:15-5:45 p.m. Closing Comments/Final Wrap-Up

      Moderator: Gregory K. Arenson
      Speakers:
      Rekha Rangachari, Program Co-Chair and Steven Skulnik, Program Co-Chair, Mark C. Zauderer

      5:45-7:00 p.m. Wine and Cheese Reception  

    • 3 Day Commercial Mediation Training: March 14-16, 2017

      Dispute Resolution Section and Fordham University School of Law
      3 Day Commercial Mediation Training

      March 14-16, 2017
      Fordham University School of Law
      140 West 62nd Street, New York, NY 10023 

      Register Online or View the Program Brochure.

      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

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

      CLE Credits:
      Under New York’s MCLE rule, this program will provide you with a total of 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.

      Written Materials: 
      Complete course materials are distributed via email to registered attendees in downloadable, digital PDF searchable format at least one week prior to the program date, providing flexibility in using these materials in their day-to-day practice. A hard copy version is available for purchase, please select hard copy materials when registering online or indicate as directed on registration form.

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

    • Save the Date! June 19-21, 2017: Commercial Arbitration Training

      June 19-21, 2017
      Benjamin N. Cardozo School of Law
      55 Fifth Avenue
      New York, NY  10003

      REGISTER Online

      The Dispute Resolution Section of the New York State Bar Association and the Benjamin N. Cardozo School of Law present:
      COMMERCIAL ARBITRATION TRAINING
      Comprehensive arbitration training for neutrals and advocates as to the Best Practices in conducting commercial arbitrations.

      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 training should be of interest not only to arbitrators, but also to litigators who serve as counsel in arbitrations, bringing them up to date on contemporary Best Practices, including as to such matters as discovery, motion practice, preliminary hearings, and hearings in commercial arbitration.

      In effect, contemporary arbitration Best Practices constitute a bedrock as to the type of process parties and arbitration counsel are entitled to expect – and demand from arbitrators. Understanding arbitration Best Practices will enable litigators to demand from arbitrators the type of arbitration process to which their clients are entitled. The training will be provided by experienced litigators as well as arbitrators.

      In addition to interactive sessions on managing an arbitration from the preliminary conference through the hearing and award, the program will include presentations on the law of arbitration, the ethical rules relating to service as an arbitrator, e-discovery, international arbitration, award writing, and the development of an arbitration practice.

      Topics and Skills: 
      Conducting Conflicts Searches                              
      Conducting the Preliminary Hearing
      Conducting Hearings on Applications for Preliminary Injunctions and Other Interim Relief
      Determining the appropriate scope of discovery, including documents, electronic documents and depositions
      Determining the appropriate scope of motion practice
      Setting deadlines for discovery and motion practice
      Hearing discovery and substantive motions
      Addressing motions to disqualify counsel
      Special considerations for pro se parties
      Determining what non-party subpoenas to sign
      Running the hearing effectively
      Determining what evidence to admit and exclude
      Dealing with difficult counsel and parties
      Issues as to the authority or not of arbitrators to award sanctions
      Preparing awards, both standard and reasoned
      Handling requests to submit additional evidence after the closing of the hearing
      Deciding applications to amend awards
      Arbitration ethics

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

      Read what our previous attendees have to say about the training:

      “The DRS Commercial Arbitration Training Program is a rich and well-engineered course, providing invaluable practical learning. Two years on, I find myself continually relying on those very lessons and examples when encountering thorny issues. Well worth the price of admission.”

       “As a lawyer with 42 + years of practice I have rarely found a CLE presentation more bracing and useful than the NYSBA Commercial Arbitration course.  The uniform quality of the instructors and the depth of material left me 100% confident I knew what I needed regarding commercial arbitration, period.  This was a no nonsense three days of solid learning and the venue of Cardozo could not have helped more, it was a thrilling environment for me to be in such an up and coming law school in our nation.”

      "NYSBA's comprehensive commercial arbitration program held at Cardozo last year was a wonderful way for me to explore and ultimately enter the field of commercial arbitration.  The program faculty was extremely knowledgeable, and the materials provided were (and still are) of direct practical use and application.  Anyone who wishes to enter the field or who even wants to just learn about it should not hesitate to sign up."

      "As an experienced arbitrator, I can say without reservation that the NYSBA Commercial Arbitration Program is the gold standard for people new to arbitration -- whether advocates or neutrals -- and those of us who know there is always something new to learn from knowledgeable insiders about the law and lore of arbitration.  I attend every year and come away enlightened.  The hefty and well-organized program materials are a great value.  The program is invaluable."


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

  • 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>