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

COMMITTEE MEETINGS

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

Arbitration Committee  
May 23, 2019

Diversity Committee 

Ethics Committee
May 29, 2019

Executive Committee 
May 15, 2019

Mediation Committee
May 13, 2019
June 10, 2019

Negotiation Committee 

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

WEBINARS 

HEALTHCARE DISPUTE RESOLUTION: NAVIGATING A HIGHLY REGULATED INDUSTRY

May 15, 2019
Ruskin Moscou Faltischek P.C.
1425 RXR Plaza, East Tower, 15th Fl
Uniondale, NY 11556

1.5 Credits Area of Professional Practice

View Program Flyer

With the exponential growth of the healthcare industry, the way in which healthcare disputes are resolved has become an increasingly important aspect of legal practice. A proper understanding of applicable statute and regulation is essential to the appropriate resolution of these matters. This CLE program will examine current trends and circumstances in the healthcare dispute resolution setting, with a special focus on the MLMIC demutualization and mandatory arbitration clauses, with further focus on the U.S. Supreme Court’s decision in Kindred v. Clark. The panel will also discuss the need for competence among neutrals and advocates dealing with the complicated healthcare regulatory scheme in a dispute resolution context.

Moderated By:
Joan D. Hogarth, Esq., Law Office of Joan D. Hogarth

Presented By:
Andrew T. Garbarino, Esq., Ruskin Moscou Faltischek P.C.
Ross J. Kartez, Esq., Ruskin Moscou Faltischek, P.C.
Lori Rosen Semlies, Esq., Wilson Elser Moskowitz Edelman & Dicker LLP

Agenda:
1:00 p.m. - 2:00 p.m. - Lunch and Networking
2:00 p.m. - 3:30 p.m. - CLE Program
3:45 p.m. - 5:30 p.m. - Cocktail Reception

RSVP to lgrasso@rmfpc.com

NETWORKING RECEPTION WELCOMING JUDGE SCARPULLA

Save the Date: Tuesday, June 11, 2019

Join the NYSBA International Section in collaboration with the NYSBA Dispute Resolution Section for a joint program and reception welcoming Justice Saliann Scarpulla of the New York State Supreme Court Commercial Division, Part 39 (International Commercial Arbitration).

6:00 - 9:00 p.m.
New York International Arbitration Center (NYIAC)
150 East 42nd Street, 17th Floor
New York, NY 10017 (between Lexington and Third Avenues)

Complimentary Attendance as a Section Member

More details to follow shortly. 

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

JUNE 17-19, 2019 | 3-DAY COMMERCIAL ARBITRATION TRAINING

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

Earn up to 25.0 MCLE Credits | 1.5 Diversity, Inclusion and Elimination of Bias, 4.0 credits in Ethics, 9.5 credits in Professional Practice, and 10 credits in Skills

Cost:
DR Section Members and Cardozo Alumni Fee: $795.00
Non DR Section Member Fee: $845.00
Non NYSBA Member Fee: $945.00

Program Brochure Coming Soon!

REGISTER NOW

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.    

Who Should Attend?
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.

Description 
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

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

"I have never been to a better training seminar in my 29 year career." 

The level of information and energy was amazing. It covered the area from soup to nuts. The seminar should be used for prospective arbitrators by all of the various arbitration programs. The knowledge and willingness to answer questions of the speakers was awesome. Mr. Moxley's guidance resulted in a tremendous sharing of expertise by extremely experienced and knowledgeable panelists. They held the interest of the audience for three rather long sessions. The speaking were extremely giving and willing to share their experiences.  

I would recommend this seminar to everyone. It is a must."

"Great learning experience, superb presentations and excellent networking. This is one of the best three day CLE programs I have ever attended."

"As an experienced CLE lecturer I can tell you that this arbitration training program was excellent.  First class all the way!"

REGISTER NOW

For additional information please contact Kristina Gagnon.

      

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