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

COMMITTEE MEETINGS

ADR in the Courts Committee  
February 6, 2019
April 3, 2019
May 1, 2019
Every first Wednesday of the Month, with exception to July which is a Holiday.

Arbitration Committee  
May 23, 2019

Diversity Committee 
February 25, 2019

Ethics Committee
February 6, 2019
March 27, 2019
April 17, 2019
May 29, 2019

Executive Committee 
February 13, 2019
March 13, 2019
April 10, 2019
May 8, 2019

Mediation Committee
February 11, 2019
March 11, 2019
April 8, 2019
May 13, 2019
June 10, 2019

Negotiation Committee 

To RSVP to any of these Committee meetings, please contact Kristina Gagnon.  

WEBINARS 

SAVE THE DATE

March 19-21, 2019: 3 Day Commercial Mediation Training
March 22-23, 2019: Inaugural Mediation Tournament
April 12 & 15, 2019: Advanced Commercial Mediation Training

Dear DRS Members, Below is a copy of the note from Simeon H. Baum containing the Report of the DRS Nominating Committee.

Dear DR Section Members:  

Each year, the DRS Nominating Committee has the pleasure of reflecting on the wealth of contributions and demonstrated leadership of a good number of the Section's members, and selecting a slate of Executive Committee Officers for recommendation to the Section members.  It is always highly gratifying to see the high level of engagement and service demonstrated by so many of our members.  Below, for your consideration, is the Report of the Nominating Committee with this year's recommended slate for the 2019-2020 term, to be voted on at the Dispute Resolution Section's Annual Meeting:  

Report of the Nominating Committee  

            The following shall constitute the Report of the Nominating Committee:  

             Pursuant to Article IV, Section 3 of the by-laws, the following shall constitute the slate of candidates proposed by the Nominating Committee to serve as officers of the Dispute Resolution Section for a one-year term, commencing June 1, 2019:  

                                Chair:            Theodore K. Cheng

                               Chair-Elect:   Laura A. Kaster

                               Vice-Chair:   Ross J. Kartez

                               Secretary:   Alfreida B. Kenny

                               Treasurer:    Krista Gottlieb  

            Article IV, Section 3 of the By-laws provides that, within ten business days after the date hereof, “other qualified candidates may be added to the ballot by presenting the Secretary with a petition requesting the inclusion of those other candidates on the ballot endorsed by the signature of at least twenty-five Section members.”  

            The election of officers shall be held at the Annual Meeting of the Section scheduled for January 17, 2019.

 

                                                                         Respectfully submitted,   

                                                                        Simeon H. Baum, Co-chair

                                                                        Stephen A. Hochman, Co-chair

                                                                        Deborah Masucci

                                                                        Daniel F. Kolb

                                                                        Rona G. Shamoon

Dated: December 3, 2018 

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

March 19-21, 2019

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

REGISTER NOW

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:
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 Kristina Gagnon at 518-487-5669 or by email at kmgagnon@nysba.org

New York State Bar Association
Dispute Resolution Section | New York International Arbitration Center | American Arbitration Association

INAUGURAL MEDIATION TOURNAMENT
FRIDAY, MARCH 22 AND SATURDAY, MARCH 23, 2019

AAA-ICDR Dispute Resolution Center and NYIAC
150 East 42nd Street
17th Floor
New York, NY

View Program Flyer

Championship Round Judges:

Hon. Elizabeth J. Stong, Federal Judge, Eastern Bankruptcy Court of New York
Hon. Jeffrey K. Oing, Associate Justice, Appellate Division, First Department, New York State Supreme Court
Claire P. Gutekunst, Esq., Independent Mediator and Former President of the New York State Bar Association
Nancy M. Thevenin, Esq., Independent International Arbitrator and Mediator and Former Chair of the International Section of the New York state Bar Association

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Cash Prizes totaling $5,000.00

1st Place Team - $2,000.00
2nd Place Team - $1,250.00
3rd Place Team - $750.00
Mediation Advocate Award - $1,000.00

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Open to students from all law school in New York State
Registration Fee:  $150.00

 

Breakfast and lunch will be provided. There will also be cocktail reception after the Awards Ceremony.

This is a great opportunity to gain valuable mediation experience, attend trainings led by the top experts in the field, and to network with top mediation enthusiasts.

REGISTER NOW!

FOR ANY QUESTIONS REGARDING THIS EVENT OR THE DISPUTE RESOLUTION SECTION, PLEASE CONTACT KRISTINA GAGNON.

Arbitration 2019 – What Parties and Their Counsel Have a Right to Expect and Arbitrators Should Be Delivering: Arbitration at Its Best 
Sponsored by the Commercial and Federal Litigation Section, Dispute Resolution Section, Corporate Counsel Section and the Committee on Continuing Legal Education of the New York State Bar Association.

Fordham Law School
150 West 62nd Street (between Amsterdam & Columbus Aves)
New York, NY 12203

CLE Program - 9:00 a.m. – 5:30 p.m.
Reception - 5:30 p.m. – 7:00 p.m.
 

7.0 MCLE Credits: 3.0 Skills, 4.0 Areas of Professional Practice

NYSBA Member: $175 | Non-Member: $275
Co-Sponsoring Section Member: $150

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Learn More About The Future of Arbitration: Domestic & International Trends
Please click here to view the program brochure. 
 

REGISTER NOW!

Program Chairs
Charles J. Moxley, Jr., Esq. | MoxleyADR LLC
Jeffrey T. Zaino, Esq. | American Arbitration Association

Agenda & Faculty

8:30-9:00 a.m.                     Registration
9:00-9:15 a.m.		Welcome and Introductions Prof. John D. Feerick, Fordham Law School Charles J. Moxley, Jr., Program Co-Chair Jeffrey T. Zaino, Program Co-Chair
9:15-10:30 a.m.		The Ten Most Important Things in Arbitration for an Effective, Economical and Fair Process Moderator:  Charles J. Moxley, Jr., MoxleyADR LLC Panel Members Noah Hanft, CPR Robert N. Holtzman, Kramer Levin Naftalis & Frankel LLP Elizabeth Shampnoi, Shampnoi Dispute Resolution and Management Services, Inc. Peter Stroili, D’Amato & Lynch, LLP Michael D. Young, JAMS Jeffrey T. Zaino, American Arbitration Association 1.5 Skills
10:30-10:45 a.m.		Break
10:45 a.m.-11:45 a.m.		Provider Perspectives on Arbitrator and Counsel Best Practices in Arbitration Moderator:  Jeffrey T. Zaino, American Arbitration Association Panel Members Citlalli Grace, CPR J. Brian Johns, International Case Counsel, ICDR Mansi Karol, AAA Director of ADR Services Marek Krasula, Counsel, ICC Katherine Bayer, Office of Dispute Resolution, FINRA Matthew P. York, General Manager, JAMS 1.0 Areas of Professional Practice Credit
11:45 a.m. -12:45 p.m.		Distinctive Differences Between International and Domestic Arbitration – What Each Can Learn from the Other Moderator:  Rekha Rangachari, NYIAC Panel Members Luis Martinez, ICDR Richard L. Mattiaccio, Allegaert Berger & Vogel LLP Dana MacGrath, Bentham Capital LLC  William H. Taft, Debevoise & Plimpton LLP    Nancy K. Thevenin, General Counsel, United States Council for International Business 1.0 Areas of Professional Practice Credit
12:45-1:45 p.m.                   Lunch
1:45-2:15 p.m.		Keynote Address:  The Compelling Role of Arbitration in Domestic and International Dispute Resolution – Some Suggestions for Making it Better Prof. John D. Feerick, Fordham Law School 0.5 Areas of Professional Practice Credit
2:15-2:30 p.m.		Report by John S. Kiernan, Debevoise & Plimpton LLP Chair of Chief Judge’s Advisory Committee on Advancing ADR in the New York Court System
2:30-4:00 p.m.		Workshop as to Notable Recurring Areas Requiring Close Attention: >Handling multiple related claims in employment and health insurance arbitrations; >Things arbitration might learn from court practice, including:   - The administration of ESI;   - Proportionality---What does it really mean? To what extent do we really require it? Should we require it more?   - The role of the hearsay rule; and   - Limiting cross and redirect; >Recurrent legal issues of significance to arbitration   - Scope of attorney/client privilege;   - Parol evidence that never eventuates - and potential cost        consequences; and Comparative fault in contract vs. tort law; >Justice versus efficiency – the balance between running an efficient process and hearing people out: Should we sometimes permit more process than is efficient? >Technology Cases   - Special challenges of high-tech cases; and   - Mitigating the risks of cyber intrusion into the arbitration process. Moderator:  Charles J. Moxley, Jr., Esq., MoxleyADR LLC Panel Members  Albert M. Appel, Appel ADR Alfred G. Feliu, Feliu Neutral Services, LLC Stephen P. Gilbert, Independent Arbitrator and Mediator Hon. Faith Hochberg (Ret.), Judge Hochberg ADR 1.5 Skills Credit
4:00-4:15 p.m.                 Break
4:15-5:30 p.m.		Practice Development – How to Get More and Bigger Cases as a Neutral Moderator: Prof. Jacqueline Nolan-Haley, Fordham Law School Panel Members Hon. Carolyn E. Demarest (Ret.), JAMS Ross J. Kartez, Ruskin Moscou Faltischek, P.C. Deborah Masucci, Masucci Dispute Management and Resolution Dani Schwartz, Wachtel Missry LLP David C. Singer, Singer ADR 1.5 Areas of Professional Practice Credit
5:30 p.m.                              Adjourn
5:30-7:00 p.m.		Wine and Cheese Reception

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Newly Admitted Attorneys: To receive skills credit, newly admitted attorneys must take accredited transitional CLE courses in traditional live classroom settings that have been approved by the CLE Board for use by newly admitted attorneys.  For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.

Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey.  If you require MCLE credit in other states, we can provide you a Uniform MCLE Form.

Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the program WILL NOT receive credit for that program segment.

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Follow NYSBA CLE on Twitter! @NYSBACLE for the latest program announcements.
To view the full list of Continuing Legal Education Programs, click here.
If you have any questions about this program, please contact staff attorney name (hyperlinked with e-mail), title, or coordinator name (hyperlinked with e-mail), title.

If you have any questions about this program, please contact CLE Program Manager Simone Smith, or the CLE Program Coordinator, Bridget Donlon.

REGISTER NOW!

Advanced Commercial Mediation Training

June 11-12, 2019
Fordham University School of Law
150 West 62nd Street, New York, NY 10023

16.0 Credits | 10.0 Skills, 4.0 Areas of Professional Practice, 2.0 Ethics\

Registration fee includes continental breakfast, lunch, coffee breaks, and program materials.
$530 for Dispute Resolution Section Members or Fordham Law Alumni
$580 for NYSBA Members
$680 for Non-NYSBA Members

Section Chair:
Deborah Masucci, Esq.

Program Chairs:
Evan J. Spelfogel, esq.
M. Salman Ravala, Esq.

Presenters:
Simeon H. Baum, Esq.
Stephen A. Hochman, Esq.

REGISTER NOW

View Program Brochure

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 The Dispute Resolution Section of the New York State Bar Association is proud to offer a special program designed for mediators who have completed — or plan to complete — a minimum of three days of basic mediation training and who desire to enhance their commercial mediation skills. This program will focus on identifying the barriers to settlement and the ways to overcome them. In addition to refining and deepening facilitative skills and orientation, the program will address ways of  facilitating evaluative analyses or offering evaluative feedback to help the parties reach a resolution. This can include refining the handling of risk and transaction cost analysis, including the use of decision trees, as well as utilizing a variety of impasse breakers. The program will offer approaches to problems that arise when there are multiple parties or when one or more of the defendants has, or may have, insurance coverage with one or more insurance companies as well as ways to overcome impasse. Finally, the program will discuss the ethical issues that arise under various scenarios and how to deal with them. 

Program Topics

• 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 

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About the Presenters

Simeon H. Baum, Esq.
Mr. Baum is a 30+ year litigator and President of Resolve Mediation Services, Inc. 
(www.mediators.com); serving as mediator, arbitrator and neutral evaluator in over 1,000 disputes 
since 1992. His mediations include the highly publicized Studio Daniel Libeskind-Silverstein 
Properties dispute over architectural fees for redevelopment of the World Trade Center site, and 
Trump’s $ 1 billion suit over the West Side Hudson River development. He served as founding Chair 
of NYSBA’s Dispute Resolution Section. He was Chair of the Federal Bar Association's ADR Section, 
past President of the FBA's SDNY Chapter, and on the FBA's national Board of Directors. He has 
served on ADR Advisory Groups to the New York Court system and trained their Commercial Division 
mediators for the last 20 years. In 2011, 2014, and 2018, Best Lawyers selected Mr. Baum as New 
York’s ADR “Lawyer of the Year.” He teaches on the ADR faculty at Benjamin N. Cardozo School of Law 
and is a frequent speaker and trainer on ADR.

Stephen A. Hochman, Esq.
Mr. Hochman, a founding partner in the firm now known as Kramer, Levin, Naftalis & Frankel, 
practiced law for over 40 years, specializing in corporate, commercial and securities law. He has 
successfully mediated over 400 commercial and other types of disputes, including class actions and 
financial, employment, insurance, real estate, partnership and bankruptcy disputes, approximately 
98% of which have settled. Mr. Hochman now practices exclusively as a mediator and arbitrator and 
writes, consults and lectures frequently on ADR subjects. Over the last 20 years, Mr. Hochman, 
together with Mr. Baum, has trained the mediators in New York County and various other downstate 
counties. He also served on the boards and investment committees of various non-profit 
corporations, including several hospitals and a
captive insurance company.

REGISTER NOW

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To register by phone, please call 1-800-582-2452.

For information about joining the Dispute Resolution Section or questions about this program, please contact Kristina Gagnon Section Liaison at kmgagnon@nysba.org

      

3RD Annual NYSBA/ACCTM NATIONAL CHAMPIONSHIP 
ADR LAW STUDENT WRITING COMPETITION 
2019

The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the Third Annual NYSBA/ACCTM National Championship Alternative Dispute Resolution Law Student Writing Competition for 2019.
 Once again, a $10,000 CASH PRIZE will be awarded to the winning submittal as determined by a panel judges from the Editorial Board of the ACCTM American Journal of Mediation, select Fellows of the College and members of the NYSBA Dispute Resolution Section. Winning entries will be published in the ACCTM Journal of Mediation and the NYSBA New York Dispute Resolution Lawyer.
 
To our knowledge, this is the richest Law Student Writing Competition in the United States.  The competition is open to all North American JD and LLM law students enrolled as of December 15, 2018.
 
Subject matter focus for entries can be on any aspect within the full range of alternative dispute resolution – reconciliation systems (e.g., negotiation, mediation), consensus based adjudicative processes (e.g., early neutral evaluation, arbitration and private judging), or mixed processes (e.g., arb-med, med-arb, high low arbitration, baseball arbitration etc.). Papers can also focus on ADR process design, practice techniques, specific case studies, related legislation, and ethical dilemmas and standards for dispute resolution professionals.
 
Submittals will be judged on timeliness and importance of topic, clarity of writing, innovation, and appropriate research supporting assertions and conclusions. Manuscripts must be the work of a single author and previously unpublished. All judging will be in the blind; judges will not be provided information on the author’s identity or school. NYSBA and ACCTM reserve the right not to award any prize and to reject any submission.  
 
While there are no firm page limits, there is an expectation that submitted works will be between fifteen and thirty double spaced pages, including footnotes. The work should be presented in 12 point Times New Roman font, on 8 ½ X 11 inch paper with one inch margins. Footnotes may be single spaced and presented in accordance with The Blue Book: A Uniform System of Citation (20^th Edition). 
 
Entries are due no later than 5:00 pm EST June 1, 2019 and should be electronically submitted in Microsoft Word Format to:
 
            
AMERICAN JOURNAL OF MEDIATION
American College of Civil Trial Mediators
c/o KATHY TALBOT, Executive Administrator
20 North Orange Avenue, Suite 704
Orlando, FL  32801

Acctm@Acctm.Org

View Flyer

For questions, please contact Kristina Gagnon

This past Friday and Saturday (May 18-19,2018), the NYSBA’s Dispute Resolution Section held a training program focused on preparing advocates for representing clients in mediation and arbitration. This was the first program of its kind and was designed to be the first step in approving attending participants to represent clients through the Dispute Resolution Section’s newly-formed ADR pro bono clinic. The program was organized and co-chaired by Alexander Bachuwa (Bachuwa Law PLLC), Randall Tesser (Tesser, Ryan & Rochman, LLP), and Ross J. Kartez (Ruskin Moscou Faltischek, P.C.). Thank you to St. John’s University and the Hugh L. Carey Center for Dispute Resolution for providing the space and co-sponsoring the event. 

The program was a huge success. The event was overbooked and the organizers scrambled to find a larger room to house the audience – the enthusiastic crowd made for a fun and engaging program. 

Day one was all about mediation. Randall Tesser led the mediation program that included industry leaders Simeon Baum (Resolve Mediation Services, Inc.), Lew Tesser (Tesser, Ryan & Rochman, LLP), Prof. Elayne Greenberg (St. John’s University School of Law), and Robyn Weinstein (U.S. District Court, Eastern District of New York), who trained the attendees on how to effectively reach their adversaries without conceding their client’s interests. The presenters went through the full process, including voluntary vs. mandatory mediation, confidentiality, choosing a mediator, mediation philosophy, drafting a mediation statement, opening statements, communicating with the other side and the mediator, caucuses, joint sessions,  reaching agreements, follow-up efforts, and much more. There were plenty of exercises that kept the attendees on their toes, and everyone seemed to learn a lot about the process while having fun too. 

Day two was all about arbitration. Alex Bachuwa led the arbitration program, starting with the arbitration provision and moving all the way through post-award issues. Attendees received a comprehensive understanding of arbitration. The faculty included experienced arbitrators and advocates Alex Bachuwa, Ross J. Kartez, Charlie Moxley (MoxleyADR LLC), M. Salman Ravala (Criscione Ravala, LLP), David J. Abeshouse (Law Office of David J. Abeshouse), and Erica Garay (Garay ADR Services). The arbitration training included reviewing the arbitration clause, reviewing the provider’s rules, ascertaining arbitrability, selecting the arbitrator, preparing for the initial pre-hearing conference, streamlining discovery, preparing and submitting pre-hearing materials, presenting the case effectively, and issuing the award. The presenters made an effort to create a theme throughout the day that arbitration is a creature of contract, and that advocates must understand the flexible and streamlined nature of the process. The audience participated in various exercises that allowed them to utilize many of the tools learned throughout the day. 

The program was capped off with a networking cocktail reception giving the attendees a chance to relax and reflect on their experience. 

The organizers enjoyed the program and look forward to planning an encore next year. 

Click here to view photos from the program. 

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 Kristina Gagnon. 

To learn more about the Dispute Resolution Section, please contact Kristina Gagnon. 

The Litigative DNA: The Underutilization of Mediation in NY

Recorded: May 9, 2018
Total Credits: 8.0 (7.0 Professional Practice; Ethics 1.0)

PURCHASE TODAY!

Member: $225 | Non-Member: $325.00

This joint program of the Commercial and Federal Litigation, Corporate Counsel, and Dispute Resolution Sections will explore the contemporary role of mediation in New York and the potential expansion of that role along the lines of initiatives that have taken place in other jurisdictions.

The program will also address the substantial need for additional mediators and trained mediation counsel if the use of mediation is substantially increased in the courts in New York.

Speakers will include representatives of court systems from New York (Federal and State) and other jurisdictions to examine what happens when court systems substantially increase the number and types of cases that are sent to mediation.  Speakers will also include mediators, party representatives, and representatives of mediation providers, including the American Arbitration Association, JAMS, CPR, and FINRA.

Leading judges and Bar leaders will also speak at the conference to discuss the possible increase in the use of mediation in New York and how that might be caused to happen.

Speakers include: 
John. D. Feerick | Charles J. Moxley, Jr. | Jeffrey T. Zaino | Simeon H. Baum | Krista Gottlieb | Chris Stern Hyman | Deborah Masucci | Paul D. Sarkozi | David C. Singer | Steven C. Bennett | Helen E. Freedman |  Tracey B. Frisch | Noah J. Hanft | Chrystal Loyer | William K. Slate II | Adam J. Halper | Gary P. Shaffer | Elizabeth Shampnoi | Stephen P. Younger | Prof. Jacqueline Nolan-Haley | Stephen A. Marshall | Lisa Courtney | Barry Radlin | Robyn Weinstein | Kathleen Scanlon | Gail Killefer | Susan C. Marvin | Hon. Lawrence K. Marks | Hon. George B. Daniels | Hon. William M. Skretny | Sharon Stern Gerstman | Claire P. Gutekunst | John S. Kiernan