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