Dispute Resolution Section

  • Health Law Section Fall 2013 Meeting
    Wednesday, May 4, 2016 | 8:45 am-1:00 pm New York State Bar Association | 1 Elk Street, Albany, NY 12207
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    Join the Section Join the Dispute Resolution Section Today!
  • DRS Arbitration Program Cardozo
    Commercial Arbitration Training Monday, June 27, 2016 - Wednesday, June 29, 2016 | Benjamin N. Cardozo School of Law, 55 Fifth Avenue, New York, NY 10003
  • Upcoming Events
    • April 19th: Dispute Resolution Section Executive Committee Meetings

      The Executive Committee Meets from 8:30 am-10:00 am at Dorsey and Whitney LLP (51 West 52nd Street, New York City) 

      April 19, 2016

      June 2, 2016

    • May 4, 2016: Mediation and Arbitration: Insights From Neutrals, Advocates and the Judiciary

      MEDIATION AND ARBITRATION: INSIGHTS FROM NEUTRALS, ADVOCATES, AND THE JUDICIARY

      Wednesday, May 4, 2016 
      8:45 am-1:00 pm

      New York State Bar Association
      1 Elk St. Albany, NY 12207

      Cost to attend: Dispute Resolution Section Member-$40 | NYSBA Member-$75 | Non-Member-$100 | Section Law Student Member-$20 Not a section member? Join today for only $30 if you're a NYSBA member.

      This program qualifies for 3.5 MCLE Credits (1.5 in skills, 1 in ethics and 1.5 in professional practice.)

      REGISTER NOW


      AGENDA: 

      8:45 am – 9:15 am:    Registration and Networking Breakfast

      9:15 am – 9:25 am:    Opening Remarks

      9:25 am – 10:45 am:  A Comparison of Mediation Dynamics and Issues in the Judicial Setting versus Private Mediation, and Across Commercial, Matrimonial and Personal Injury Litigation (1.5 Credits in Skills)
      Resolution of legal disputes is not a one size fits all proposition.  Different types of disputes and forums may require different approaches by the advocates, judges and mediators involved, to maximize results.  This program will discuss the differing perspectives of the advocates, judges and mediators who handle commercial, matrimonial and personal injury matters, as they relate to the frequent problems--and solutions—typically presented in these types of disputes.
      Speakers: Hon. Mae D’Agostino, Hon. Richard T. Aulisi, LaMarr Jackson, Esq., Carolyn Hansen, Esq., Jeff Anderson, Esq., and Jim Hacker, Esq. 

      10:45 am – 11:35 am: The Upstanding Neutral - Mediation Ethics Workshop (1.0 Credits in Ethics)
      This interactive discussion will involve a few case studies identifying ethical issues for mediators and advocates.
      Speaker: Paul Jureller, Esq. and Mario Cometti, Esq.  

      11:30 am – 11:45 am: Networking Break

      11:45 am – 12:45 pm: A Primer on Arbitration in the Commercial, Employment and Personal Injury Context  (1.0 Credits in Skills)
      Advocates and arbitrators will discuss the pros and cons of Arbitration and the Arbitration process, comparing and contrasting how Arbitration works in these different substantive areas of law.
      Speakers: David Singer, Esq., Brian Selchick, Esq., Dan Hurteau, Esq., Dana Salazar, Esq., and Mark Sonders, Esq. 

      12:45 pm – 12:50 pm Conclusion/Closing Comments by Program Chair, Paul Jureller and Section Chair, David Singer

      To register over the phone please contact the Member Resource Center at 1-800-582-2452. For questions please contact Beth Gould at bgould@nysba.org

    • June 27-29, 2016: Commercial Arbitration Training


      June 27-29, 2016
      Benjamin N. Cardozo School of Law
      55 Fifth Avenue
      New York, NY  10003

      REGISTER Online or complete Registration Form

      VIEW PROGRAM


      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 Adriana Favreau at 518-487-5669 or by email at afavreau@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>