Dispute Resolution Section

  • DRS Fall Meeting 2015 Slider
    Dispute Resolution Section Fall Meeting October 30, 2015 New York Law School
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  • Upcoming Events
    • October 13, 2015: Mediation Settlement Day Kick Off Event

      Please save the date, Tuesday, October 13, 2015, for the annual Mediation Settlement Day Kick-Off Event, which will be held from 4:30PM-7:00PM at New York Law School, 185 W. Broadway, NY, NY.   Please complete an online form to nominate a Frontline Champion for 2015- an individual who has made meaningful contributions to the field of mediation.  (https://b4.caspio.com/dp.asp?AppKey=440120000251390726a0419a944b).  The deadline for submitting nominees is Friday, September 11, 2015.   

      Who Sponsors MSD? 

      Mediation Settlement Day is sponsored by the New York State Unified Court System, FINRA Dispute Resolution, and over 100 alternative dispute resolution programs, bar associations, community-based programs, schools, public and non-profit organizations.  

      What Happens at the Kick Off Event on Oct. 13? 

      The Mediation Settlement Day Kick-Off Event begins with informal networking.  Mediation organizations, law schools, and community groups get together and educate the public about their programs and services.  Next, a Frontline Champion Award is presented.  Finally, a keynote address is given by the Honorary Chairperson.  This year’s honorary chair will be announced at a later date.  

      What Should I Do Now? 

      To register for the event, to nominate an outstanding individual for the Frontline Champion Award, or to publicize an event for Mediation Settlement Day, please visit http://www.nycourts.gov/ip/adr/msd.shtml OR click on one of the links provided below. 

      *Submit a nomination ( https://b4.caspio.com/dp.asp?AppKey=440120000251390726a0419a944b ) for the Frontline Champion Award.  Deadline is Friday, September 11, 2015. 

      *Register as a sponsor ( https://b4.caspio.com/dp.asp?AppKey=44012000d14588ae92fa4ead8a52).  Sponsorship is FREE.

      *Submit information about an event ( https://b4.caspio.com/dp.asp?AppKey=4401200062c53941750c492e99ea ) to commemorate Mediation Settlement Day.  

      For additional information or questions, please send an email to sgraham@nycourts.gov or call (212) 428-2142. 

      We look forward to seeing you on October 13th!

      View flyer

    • October 20: Dispute Resolution Section Executive Committee Meetings

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

      October 20, 2015 

      December 10, 2015

      January 28, 2016 (at the Annual Meeting) 

      March 10, 2016 

      April 19, 2016

      May 26, 2016 

    • October 30, 2015: Fall Meeting



      Friday, October 30, 2015 

      New York Law School
      Rooms W400 and W401
      185 West Broadway (corner of West Broadway and Leonard Street)
      New York, NY 10013-2921


      DRS Section Member: $150 | NYSBA Member: $200 | Non-Member: $250 | Newly Admitted Attorney: $175 | 1st Time Attendee: $200 | NYSBA Member Law Student: $50  (After October 15th all price points increase by $50)

      This program provides up to 6.0 MCLE credit hours (4.5 in skills and 1.5 in ethics), this program is transitional and does qualify for newly admitted attorneys. 


      8:15 AM – 9:15 AM          Executive Committee meeting:  All Attendees Welcome!

      8:45 AM – 9:20 AM          Registration

      9:20 AM – 9:30 AM          Welcoming Remarks - David C. Singer, Esq., Section Chair 

      9:30 AM – 10:45 AM        Plenary 1: Judicial Involvement in ADR: Perspectives from On and Off the Bench
      When and why courts become involved in an arbitration or mediation may fundamentally alter the course and outcome of the process.  An all-star panel of former and sitting judges will “shed their robes” and share their invaluable insights on key issues arising from the interplay between ADR processes and the courts.

      Moderator:    Theodore K. Cheng, Esq., Fox Horan & Camerini LLP
      Panelists:       Hon. Ariel E. Belen (ret.), 
      Justice of the Appellate Division, Second Department, Hon. Judith Kaye (ret.), Chief Judge, New York Court of Appeals, Hon. Jeffrey K. Oing, Justice, Supreme Court, New York County, Commercial Division

      10:45 AM – 11:00 AM      BREAK

      11:00 AM – 12:15 PM      Plenary 2: The Dispute Resolution Continuum: Fresh Insights From Practitioners of Early Neutral Evaluation, Med/Arb, Arb/Med, and Ombuds
      Arbitration and mediation are well-established forms of dispute resolution outside of the formal court systems.  But the spectrum of ADR processes encompasses far more than just those two.  This panel offers an overview of the myriad means of resolving conflict within institutions and presents experts experienced in less familiar forms – early neutral evaluation, hybrid ADR, and ombuds – to highlight the benefits and challenges of each.

      Moderator:    Conna Weiner, Esq., Conna Weiner ADR
      Panelists:       Edna Sussman, Esq., SussmanADR LLC, Harold Coleman, Esq., Harold Coleman Jr. Ltd., American Arbitration Association   

      12:15 PM – 1:45 PM  Food, and Food for Thought “Emotional Minefields in Negotiating Commercial Disputes" 
      Remarks:  Dwight Golann, Esq., Professor of Law, Suffolk University Law School

      1:45 PM – 3:00 PM – Dual-Track Panels (choose one) 

      A. Mediation Panel: Timing is – Almost – Everything
      Expert mediators and academics will discuss the importance of timing in mediation; when to be aware of it and how to develop timing smarts.  Beginning with when in a dispute one should choose mediation, this panel will take participants through the life cycle of a mediation.  A special focus will be on the joint session, which many litigants now prefer to skip, and how to accomplish what it does if you do not have one.  Also considered will be group mediations or facilitations.

      Moderator:    Nancy Kramer, Esq., JAMS
      Panelists:       Dwight Golann, Esq., 
      Suffolk University Law School, Ruth D. Raisfeld, Esq., Ruth D. Raisfeld, P.C., Allen Zerkin, Esq., New York University Robert F. Wagner School of Public Service

      B. Arbitration Panel:  Spotlight on Arbitration: The Changing Contours of Conducting Arbitration Proceedings
      Are arbitration proceedings keeping abreast of new provider rules, case law developments, and changing best practices?  This panel will provide an update on recent developments and trends, including virtual proceedings, policing of counsels’ conduct, and challenges that arise when parties fail to pay their share of the arbitration fees.

      Moderator:    Stephanie Cohen, Esq., Independent Arbitrator
      Panelists:       Tai-Heng Cheng, Esq., Quinn Emanuel Urquhart & Sullivan, LLP, William H. Crosby, Jr., Esq., Interpublic Group, Eric Tuchmann, Esq., American Arbitration Association

      3:00 PM – 3:15 PM           BREAK

      3:15 PM – 4:30 PM           Plenary 3: Does it Really Stay in Vegas?  The Limits of Confidentiality in Mediation and Arbitration
      Confidentiality is the hallmark of mediation, but is it over-promised?  Must arbitrators maintain confidentiality under all circumstances?  Are confidentiality stipulations always enforceable?  This panel of experts will tackle these and other difficult ethical questions relating to confidentiality in ADR.

      Moderator:    Paul Radvany, Esq., Fordham University School of Law
      Panelists:       Eugene I. Farber, Esq., Farber, Pappalardo & Carbonari, John E. Higgins, Esq., Jackson Lewis P.C., Vivien B. Shelanski, Esq., JAMS    

      4:30 PM – 6:00 PM           Networking Reception


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

    • November 12: NYSBA CLE Securities Arbitration 2015

      November 12, 2015: NYSBA CLE Securities Arbitration 2015 

      Thursday, November 12, 2015
      9:00 a.m. to 4:35 p.m. – New York City & Webcast

      New York State Society of CPAs
      14 Wall Street |  New York, NY 10005 

      7.0 MCLE Credits: 4.0 Professional Practice, 2.0 Skills, 1.0 Ethics

      Topics to Be Covered Include:
      - FINRA Developments and Trends Nationwide
      - Pleadings and Opening Statements
      - Whether and When to Settle
      - Selecting and Managing Your Arbitration Panel
      - Arbitrators’ Perspective
      - Experts and Closing
      - Ethical Issues in Arbitration

      Who Should Attend:  
      Attorneys practicing securities law; Attorneys interested in expanding their practice to include representing clients in securities arbitrations and mediations; Attorneys involved in arbitration and mediation; Arbitrators; Mediators.

      NYSBA Members: $175 
      Non Members: $275
      Note: Registration fees increase ten days prior to the program date.

      Register today!

    • November 13th and 14th: NYSBA/AAA Arbitration Competition



      Competitors will receive a hypothetical fact pattern based on a domestic commercial dispute, created by leading practitioners in the field. The Competition will be administered and conducted as a real arbitration — organized under the supervision of the AAA, governed by the AAA’s Commercial Arbitration Rules, and Judged by the best AAA arbitrators in the State.

      Save the Date Flyer (pdf file) 

    • January 28, 2016: Dispute Resolution Section Annual Meeting


      Details coming soon - Save the date!

    • March 21-23, 2016: Commercial Mediation Training

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

      March 21-23, 2016
      Fordham University School of Law
      140 West 62nd Street, New York, NY 10023 

      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

      Save the Date - Registration and Program will be available in the coming months.
      For additional information contact Adriana Favreau at 518-487-5630 or by email at afavreau@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
      Early Bird Special - Register before February 15th, 2016 and receive $100 off

      The Dispute Resolution Section of the New York State Bar Association and the Benjamin N. Cardozo School of Law present:
      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. View the Program from 2015

      For additional information contact Adriana Favreau at 518-487-5630 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


    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>