Dispute Resolution Section

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

COMMITTEE MEETINGS

ADR in the Courts Committee  
May 2, 2018 - Speaker - Sarah Rudgers-Tysz, Executive Director, Mediation Matters 
June 6, 2018 - Speaker - Julie M. Loesch, Esq., Director, Center for Resolution and Justice (CRJ) at Child & Family Services and Bridget M. O'Connell, Esq., JD/MSW, Chair, ADR Committee Bar Association of Erie County
Meetings are held every 1st Wednesday of the month. 

Arbitration Committee  
April 19, 2018 
May 16, 2018 
June 13, 2018 

Diversity Committee 
May 3, 2018

Ethics Committee
April 20, 2018 - Speaker - Sarah Jo Hamilton, Esq., Presenting Ethics of Social Media Use
May 29, 2018 - Speaker - Hon. Ariel Belen (ret'd), JAMS, Presenting Ethics Issues I have encountered in Mediation

Executive Committee 
April 11, 2018  
May 9, 2018 

Mediation Committee
May 14, 2018 

Negotiation Committee
April 16, 2018 
May 21, 2018 
June 18, 2018 

WEBINARS 

November 29, 2017 - When Arbitration Goes to New York Courts -- Recording is posted in communities under "quick links" on the home page.
December 12, 2017 - Arbitration at Work -- Recording is posted in communities under "quick links" on the home page

To RSVP any of these meetings, please email Sydney Joy at sjoy@nysba.org. 

SAVE THE DATE

Social Event - April 25, 2018
In-Camera Breakfast Series - Part I - April 26 & Part II - May 23, 2018
3 Day Commercial Mediation Training - March 26-28, 2018 
3 Day Arbitration Training - June 18-20, 2018 

ADR in the Courts & Mediation Committee Meeting Recap On April 4th, the ADR in the Courts and Mediation committees held a joint dinner meeting at Davis Polk.  The guest speaker was Prof. Donna Shestowsky of UC Davis Law

A LOT HAPPENED AT THE NYSBA DISPUTE RESOLUTION SECTION FALL MEETING HELD ON OCTOBER 26, 2017

On October 26, 2017 the New York State Bar Association’s (NYSBA) Dispute Resolution Section Fall Meeting: Brave new World in Dispute Resolution was held at New York Law School.  Record breaking attendance of over 150 registrants came to this event. Seasoned national and international ADR professionals had an interactive discussion with the attendees on topics covering arbitration, mediation, ethics, diversity, and new innovations in the dispute resolution which included dispute resolution system design and hybrid processes. A highlight of the meeting was the appearance of former New York Governor David Patterson. The audience related to his words when he said: “In multi-party negotiations it doesn’t matter whether the mediator is the head of the chamber of commerce, head of civil rights organizations, congressman, person who lost to the congressman, former congressman or recovering governor. The point is really just that different parties even on the same sides somehow have different interests and as the mediator you have to somehow resolve the problems even internally. “ 

If you were unable to attend in person, a Live Webcast can still be purchased at the following link: 

http://www.nysba.org/store/detail.aspx?id=VDRSFA17

NEW YORK STATE BAR ASSOCIATION AND WESTCHESTER COUNTY BAR ASSOCIATION'S DISPUTE RESOLUTION SECTIONS  

JOIN US AT OUR SOCIAL EVENT 

April 25, 2018
6:00 p.m. – 8:00 p.m.  

Yonkers Brewing Co. 
92 Main Street, Yonkers, NY  

Cost: $20; includes one complimentary glass of wine or beer and hors d'oeuvres. 

View flyer

REGISTER NOW 

Questions? Contact Sydney Joy.  

THE IN CAMERA BREAKFAST SERIES: EXPLORING INTRA-TRIBUNAL DYNAMICS AND DECISION-MAKING

Please join the International Dispute Resolution Committee of the NYSBA's Dispute Resolution Section for a two-part breakfast series on the inner workings of arbitral tribunals.

SESSION I
THE TRIBUNAL'S CRYSTAL BALL: MODELS, EXPERTS, AND ESTIMATES IN HIGH-STAKES CASES 

April 26, 2018
8:00 a.m. - 8:30 a.m. - Registration and Breakfast
8:30 a.m. - 10:00 a.m. - Program

REGISTER NOW

Baker & McKenzie LLP
452 5th Avenue
New York City
Remote dial in available upon request

This program is informational only, no MCLE credits will be given. 

Session I will explore how tribunals analyze and resolve complex damages questions. Is it wise, for example, to ask party experts to provide arbitrators with calculations in excel spreadsheets so the arbitrators can manipulate them? Should damages questions be a topic at the preliminary conference?

Speakers:
Catherine Amirfar, Debevoise & Plimpton LLP
Mark Kantor, Independent Arbitrator
Kathleen Paisley, Ambos, NBGO

Moderator:
David Zaslowsky, Baker & McKenzie LLP

REGISTER NOW

View program flyer

SESSION II
THE LAW ACCORDING TO WHOM? HOW ARBITRATORS 'GET IT RIGHT'

May 23, 2018
8:30 a.m. -10:00 a.m.

Hogan Lovells LLP
875 3rd Avenue
New York City 

This program is informational only, no MCLE credits will be given.  

Session II will consider how arbitrators find and determine applicable law. Is "the law" in arbitration confined to what the parties submit? Are there different norms and expectations in domestic vs. international arbitrations as to how far an arbitrator can or should go in researching the law or the extent to which such research must be shared with the parties?

Speakers:
Samaa Haridi, Hogan Lovells LLP
Judge Faith Hochberg, Judge Hochberg ADR
Robert Smit, Independent Arbitrator

Moderator:
Marc J. Goldstein, Independent Arbitrator

This series was organized by the International Dispute Resolution Committee Co-Chairs: Stephanie Cohen & Marc J. Goldstein

REGISTER NOW

View program flyer 

Thank you to our co-sponsors:
Baker & McKenzie LLP
Chartered Institute of Arbitrators, New York Branch
Hogan Lovells LLP
New York International Arbitration Center

THE LITIGATIVE DNA - THE UNDERUTILIZATION OF MEDIATION IN NEW YORK AND WHAT CAN BE DONE ABOUT IT

Co-sponsored by New York State Bar Association Commercial and Federal Litigation and Dispute Resolution Sections

May 9, 2018 | 8:30 a.m. - 600 p.m.

Fordham University School of Law
Constantino & Bateman Rooms
150 W 62nd St.
New York, NY 10023

8.0 MCLE Credits: 1.0 Ethics, 7.0 Areas of Professional Practice

NYSBA Member: $225 | Non-Member: $325

Commercial and Federal Litigation Section Member: $150
Dispute Resolution Section Member: $150

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

REGISTER NOW

8:30-9:00 a.m.                         Registration

9:00-9:15 a.m.                         Welcome and Introductions

9:15-10:15 a.m.                       Effectiveness of Mediation––and Efforts of the New York Bar to Increase the Use of Mediation in the New York Courts: The Ethical Imperative

                                                1.0 MCLE Credits in Ethics

10:15-10:30 a.m.                     Break

10:30 a.m.-11:30 p.m.             Levels of Use of Mediation by Private Providers and in the Ad Hoc World––and Reasons There is Not a Greater Level of Use

11:30-12:45 p.m.                     The User Perspective––How Parties and their Counsel in New York Feel About the Level of Mediation Offered and/or Required by the Courts and ADR Providers

12:45-1:30 p.m.                       Lunch

1:30-2:00 p.m.                         Keynote Address:  The Compelling Case for Increasing the Use of Mediation in New York Dean John D. Feerick, Fordham Law School

2:00-3:30 p.m.                         Levels of Use of Mediation in Various Court Systems, Analysis of the Success, and Reasons for the Differences

3:30-3:45 p.m.                         Break

3:45-5:30 p.m.                         The Future of Mediation in New York: What to Do

5:30 p.m.                                 Adjournment

5:30-7:00 p.m.                         Wine and Cheese Reception

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 segment WILL NOT receive credit for that program segment.

REGISTER NOW

2018 Mediation and Arbitration Clinic for Advocates and New Lawyers

Friday, May 18 and Saturday, May 19, 2018
8:00 a.m. - 5:00 p.m.; reception to follow at the conclusion of day 2 

St. Johns University - Manhattan Campus 
101 Astor Place 
New York, NY 10003  

Cost
Law Students: $50.00  
Dispute Resolution Section Members, Newly Admitted Attorney and Sponsoring Organization Rate: $100
NYSBA Members: $125 | Non-NYSBA Members: $250

CLE Credits: 16.0 Credits | 12.5 in Skills | 3.0 in Professional Practice | .5 in Ethics 
This program is transitional and is approved for all attorneys, including those newly admitted. 

REGISTER NOW 

The Dispute Resolution Section of the New York State Bar Association is proud to offer its inauguralMediation and Arbitration Training Clinic for Advocates and New Lawyers. The purpose of this 2-day clinic is to train attorneys and law students who are interested in pursuing a career as advocates in commercial mediation and arbitration. While this program is being presented by the New Lawyers and Law Students Committee, it is open to all New York licensed attorneys who have an interest in ADR.

The course will provide participants the fundamental skills needed to become an advocate in commercial mediation and arbitration disputes. Upon completing the program, participants will serve as pro bono advocates in commercial mediations and arbitrations by representing parties who otherwise would be pro se litigants. During the process, participants will be supervised and mentored by an experienced ADR practitioner. 

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

For information about joining the Dispute Resolution Section, please contact Sydney Joy, Section Liaison at sjoy@nysba.org.

If you have questions about this program, please contact Katherine Suchocki, Director of Continuing Legal Education at ksuchocki@nysba.org

Advanced Mediation Training

June 12-13, 2018
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

REGISTER NOW

 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 

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

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

For information about joining the Dispute Resolution Section, please contact Sydney Joy, Section Liaison at sjoy@nysba.org.

If you have questions about this program, please contact Katherine Suchocki, Director of Continuing Legal Education at ksuchocki@nysba.org

JUNE 18-20, 2018 | 3-DAY COMMERCIAL ARBITRATION TRAINING

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

Earn up to 25.5 MCLE Credits | 4.5 credits in Ethics, 10 credits in Skills and 11 credits in Professional Practice.

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

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 Sydney Joy. 

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 Sydney Joy. 

To learn more about the Dispute Resolution Section, please contact Sydney Joy. 

DISPUTE RESOLUTION SECTION |  DIVERSITY COMMITTEE MENTORSHIP PROGRAM

The NYSBA Dispute Resolution Section Diversity Committee (the “Diversity Committee”) encourages, fosters and supports the development of diverse talent and inclusion in all types of alternative dispute resolution, including mediation, arbitration, early neutral evaluation, mini trials, etc. both as neutrals and as representatives of parties in the processes. Diversity of those participating in the dispute resolution process enables the presentation of many views and provides a greater perspective on how and in what way to use dispute resolution to resolve problems, leading to more options and fairer results. Encouraging a diverse and inclusive environment also promotes respect and fosters treating individuals of diverse backgrounds fairly.

As part of the foregoing mission, the Diversity Committee, chaired by Noah Hanft and Jennifer Kim, initiated the Mentorship Program to provide mentorship, training, encouragement, and opportunities to attorneys who have been historically under-represented in the field of alternative dispute resolution. The goal of the Mentorship Program is to increase diversity in the alternative dispute resolution community by providing such attorneys with training, support, and connections to assist them in becoming active participants in the area of alternative dispute resolution. Through the Mentorship Program, mentees work with or “shadow” their mentors to gain first-hand experience and training in alternative dispute resolution, attend seminars on
alternative dispute resolution, and network with other professionals in the alternative dispute resolution community. The Mentorship Program duration is one (1) year.

ELIGIBILITY REQUIREMENTS FOR MENTEES
1. Be a member of a diverse group;
2. Licensed attorney;
3. Experience or Demonstrated Interest in Alternative Dispute Resolution: court annexed programs such as SDNY mediation, Attorney Client Fee program, or with a community mediation program such as Peace Horizons;
4. Membership in NYSBA (non-members must apply for membership within 30 days of approval to the Mentorship Program).

APPLICATION PROCESS
1. Statement of Interest, which should include details on the applicant’s experience or
demonstrated interest in Alternative Dispute Resolution;
2. Resume, and;
3. Supplemental documents the applicant feels would help the Diversity Committee evaluate the applicant’s interest, commitment, or achievements in the area of Alternative Dispute Resolution (not to exceed 10 pages).

Click here for the Diversity Mentorship Program Application

Completed applications with supporting documentation should be emailed in a PDF packet to Sydney Joy via email before February 01, 2018.