Dispute Resolution Section

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    Join the Section Join the Dispute Resolution Section Today!
  • DRS/FED March 13th Program
    On March 13, 2017, the Dispute Resolution and Commercial and Federal Litigation Sections collaborate in Fordham Symposium on Best Practices from Bar to Bench.
  • DR Section Brain
    Register Today! Fall Meeting | Brave New World in Dispute Resolution | New York Law School
  • Upcoming Events
    • Thursday, October 26, 2017 - Fall Meeting

      DISPUTE RESOLUTION FALL MEETING | BRAVE NEW WORLD IN DISPUTE RESOLUTION

      THURSDAY, OCTOBER 26, 2017

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

      REGISTER NOW 

      DRS Section Member: $75*/$125 | NYSBA Member: $175*/$225 | Non-Member: $250*/$300 | Newly Admitted Attorney: $75 | NYSBA Member Law Student: $50  Not a member of the Dispute Resolution Section? Dues are only $35 per year with NYSBA membership. Join today to save on this program! (Join online or call the Member Resource Center at 1-800-582-2452, M-F, 8AM-5PM) 
      *early registration fee if you register before October 13, 2017.

      This program provides up to 5.5 MCLE credit hours (3.0 in skills, 1.0 in professional practice and 1.5 in ethics), this program is transitional and does qualify for newly admitted attorneys.
       
      Agenda
      8:00 AM Registration
      8:30 AM  Executive Committee Meeting:  All Attendees Welcome!
      10:00 AM – 10:10 AM Welcoming Remarks -  Daniel F. Kolb, Esq., Section Chair

      10:10 AM – 11:10 AM  Panel 1: Challenges to the Authority of an Arbitrator 

      - Case study of “exceeding powers” and grounds for vacatur 
      - Common examples giving rise to claims of “exceeding authority”

      Panelists will discuss how they would resolve challenges to arbitral authority covering both domestic and international jurisdictions. When does an arbitrator exceed his or her authority? What is deemed to be a problem award? A case study on motions to vacate will also be discussed. 
       
      Moderator: Neal Eiseman, Esq., Goetz and Fitzpatrick LLP
      Panelist: Lea Haber Kuck, Esq., Skadden, Arps, Slate, Meagher & Flom LLP; Derek Soller, Esq., Baker McKenzie LLP            
       
      11:10 AM - 11:20 AM Break

      11:20 AM – 12:30 PM  Panel 2: Multi-party Mayhem
      The panelists will lead a discussion on unique challenges presented by Multi-party mediations. Drawing on experience with construction, insurance, investor fraud claims, and other matters that have multiple parties on either side on the "v," we will consider preparation; ways to structure a productive process; how to address group dynamics; ways to handle mutual finger pointing and pre-existing expectations for percentage contributions; cross-purpose caucuses; scapegoating; and challenges in consensus building with multi-interest, multi-issue and multi-party matters. 

      - Multi-party mediation challenges within construction, insurance and investor fraud cases
      - Best practices to structure productive processes
      - Addressing group dynamics
      - Techniques to mitigate mutual finger pointing
      - Managing pre-existing expectations for percentage contributions
      - Cross-purpose caucuses
      - Building consensus in multi-interest, multi-issue, and multi-party matter

      Panelists: Simeon H. Baum, Esq., Resolve Mediation Services, Inc.; Michele Kern-Rappy, Esq., Senior Settlement Coordinators NYS Court System; David Paterson, Esq., Former NY Governor
       
      12:30 PM - 1:30 PM - Lunch

      1:30 PM – 2:40 PM – Panel 3: Finally Shattering the Glass Ceiling -- Selecting to Enable Diversity
      Noah Hanft, President of the International Institute of Conflict Prevention and Resolution, will discuss how to move women and minorities in ADR Proceedings from wall flowers to the dance floor by setting the stage to secure neutral appointments and the responsibility of corporate counsel and providers.
       
      Following Noah Hanft, there will be an interactive session on diversity and how to attack implicit bias. Introductions by Laura Kaster, Appropriate Dispute Solutions and facilitated by Katherine E. Miller, Understanding Conflict. 
       
      Symphonies expanded the diversity of their performers by having potential candidates audition behand a screen. In this way, selections were based on the talent heard and not visually. What process can me instituted by in house counsel, outside counsel, providers or even neutrals establish to increase the appointment of women and minorities. This will be a facilitated brainstorming session with concrete actions for the future as the goal.
       
      Panelists: Noah Hanft, Esq., International Institute for Conflict Prevention and Resolution; Laura Kaster, Esq., Appropriate Dispute Solutions; Katherine E. Miller, Esq., Understanding Conflict 
       
      2:40 PM – 4:00 PM - Panel 4: Ethical Quandaries in the ADR World: What to do? What not to do?
      This will be an interactive session. Attendees will be presented with 5 real life ethical dilemmas faced by neutrals and advocates in mediation and arbitration proceedings. Attendees will be broken down into groups to discuss how they would address the dilemma followed by a facilitated discussion.
       
      Moderator: Eugene Farber, Esq., Farber Segall & Pappalardo, LLP
      Panelists: Hon. Carolyn Demarest, JAMS - The Resolution Experts, Devika Kewalramani, Esq., Moses & Singer LLP
       
      4:00 PM – 4:10 PM   Break
       
      4:10 PM - 5:10 PM Panel 4: New Bottles for Old Wine: Innovation in the Dispute Resolution World

      - Introducing innovative dispute resolution processes (DRS)
      - Best methods of DRS incorporation
      - Discussing Mixed Mode Task Force sponsored by the College of Commercial Arbitration

      Disputes are as old as history, yet the search continues for effective and efficient dispute resolution processes. So-called “alternative” dispute resolution now is well engrained in the business and legal cultures in many parts of the world and often are highly effective. At the same time, disputes are increasingly complex and they remain at times expensive and time-consuming to resolve.   Is it time to think about some new horizons? Can we make more effective use of available neutral talent and the strong skill sets and experience they bring to complex legal and business disputes? This panel of distinguished professionals will focus on innovative processes – some new, some redeployed to new areas and some combined in new ways. You will hear about the groundbreaking work of the Mixed Mode Task Force sponsored by the College of Commercial Arbitrators and the ways in which innovative processes might be incorporated in your practice.  
       
      Moderator: Mark Morril, Esq., Morril ADR LLC
      Panelists: Edna Sussman, Esq., Sussman ADR LLC; Kathleen Harmon, Esq., Harmon York Associates, Inc.; Patrick Green, Esq., Henderson Chambers
       
      5:10 PM - 6:30 PM Networking Reception

      REGISTER NOW

      For questions contact Sydney Joy at sjoy@nysba.org | To register over the phone contact the Member Resource Center at 1-800-582-2452.


  • 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>