on the Dodd-Frank Act (Adobe PDF File)
April 2011, The Section approved comments to be
submitted to the Consumer Financial Protection Bureau with respect to the study
of arbitration mandated by the Dodd Frank Act. The Section takes no position as
to the appropriate treatment of consumer disputes, but strongly supports a
thorough examination of dispute resolution processes to ensure that they are in
the public interest and fair to consumers. The Section's comments identify
issues that it is urged should be considered by the Bureau in its study.
on the Uniform Collaborative Law Act (Adobe PDF File)
January 2011: The Dispute
Resolution Section of the New York State Bar Association (“NYSBA”) submits this
Report on the Uniform Collaborative Law Act and Uniform Collaborative Law Rules
(referred to herein collectively as the “UCLA”) promulgated by the National
Conference of Commissioners on Uniform State Laws (“NCCUSL”) for the purpose of
standardizing for those states choosing to adopt it the form of dispute
resolution known as Collaborative Law.
Through the Eyes of New York Litigators
The Mediation Committee of the State Bar Dispute Resolution Section and the Alternative Dispute Resolution Committee of the New York City Bar surveyed New York civil itigators to explore their views on mediation.
for the Arbitrator's Conduct of the Pre-Hearing Phase of International
Arbitrations (Adobe PDF File)
November 2010: International Arbitration is a substantial
practice in New York. Many international contracts provide for applicability of
New York law, and such contracts often specify New York as a venue for
international arbitration. However, there has been concern in recent years that
the choice of New York as the site of an international arbitration might prompt
the arbitral tribunal to depart from normal international practice by imposing
American style discovery on the parties. It is the view of the international
arbitration bar in New York that these concerns are not justified.
Report on Mediator Quality
May 2010: This report examines the issue of
mediator quality/credentialing and makes recommendations for specific action
steps for adoption by the Section.
on the Arbitration Fairness Act
April 2009: The Dispute Resolution
Section of the New York State Bar Association ("the DR Section") urges Congress
to carefully review arbitration bills introduced in Congress to ensure that they
do not interfere with general commercial arbitration. This most particularly
applies in the international context where arbitration is often the only
practicable choice for dispute resolution.
on Arbitration Discovery in Domestic Commercial Cases
April 2009: As
discovery proceedings have exploded in civil actions in the United States, there
has been a trend to inject into arbitration expensive elements that had
traditionally been reserved for litigation — interrogatories; requests to admit;
dispositive motions; lengthy depositions; and massive requests for documents,
including electronic data. This has particularly been the case as the use of
arbitration has grown for the largest, most complex commercial cases.
Section White Papers
of Employment Arbitration in Employment Law
February 2011: Alternative
dispute resolution presents the only proven alternative to litigation of
employment and workplace cases. Voluntary arbitration, at the option of an
employee after a dispute has arisen, is non-controversial and of some benefit.
Unfortunately, many times after a dispute has arisen, the parties become less
flexible, gird for battle, and are less inclined to step back from judicial
Disputes Among Small Business Owners
January 2011: Under current law, a
court has relatively few options available to it to resolve disputes between
partners, shareholders or managing members of business entities. Those options
are often limited to a determination as to whether dissolution is appropriate,
as that may be the only remedy that a court can provide. Derivative actions,
too, are complex and uncertain in the closely-held entity context. Mediation and
arbitration, on the other hand, are flexible procedures which can be focused on
the issues and interests that are key to the parties, offer a whole range of
remedial options and do so in an expeditious and cost effective manner.
of Mediation and Arbitration for Dispute Resolution in Securities Law
January 2011: Mediation and arbitration have particular applicability in the
field of securities law. Securities arbitrators are knowledgeable in the field.
Discovery is limited in arbitration and sanction very rare. Securities mediation
can quickly resolve the dispute, reduce customer anger and provide for a
of Mediation and Arbitration for Dispute Resolution in Trusts and Estates
January 2011: Mediation and arbitration, both of which are
responsive to party needs in a way that is not possible in a court proceeding,
are two of the most frequently utilized forms of dispute resolution. They have
particular applicability in the field of Trusts and Estates, which by its very
nature often involves family members and has significant emotional components.
of Alternative Dispute Resolution for Resolving Municipal Disputes
January 2011: When a dispute involves a municipality, the costs of resolving
it will typically be borne by the taxpayers either directly through taxation, or
indirectly through increased insurance premiums. No matter who ultimately
prevails in the action, it is the taxpayer who pays. Arbitration and mediation
can be used as an expeditious, more cost-effective means to remedy these
Introduction to Alternative Dispute Resolution for the LGBT Community
January 2011: Mediation and arbitration have particular applicability in disputes involving the LGBT (Lesbian, Gay, Bisexual and Transgender) community, where confidentiality and discretion may be of particular interest to the parties and where courts may be insensitive or even hostile to parties. In LGBT family issues there is a dearth of applicable law and traditional family law can be inapplicable.
Insurance/Reinsurance Arbitration and Mediation
January 2011: Where insurers and re-insurers find themselves consistently involved in matters that are heading towards or involved in litigation, it is no surprise that the industry currently makes extensive use of a variety of dispute resolution processes.
to Resolve Workplace Disputes: A User's Guide
January 2011: Any lawyer
asked to handle an employment dispute – whether on the plaintiff’s side or
employer’s side –should consider the alternative of mediation and should also be
aware of the possible existence of an agreement requiring mediation or
arbitration of a particular dispute.
Resolution of Co-op, Condo and Homeowners Association Disputes
2010: Mediation and arbitration, both of which are responsive to party needs in
a way that is not possible in a court proceeding, are two of the most frequently
utilized forms of dispute resolution. They have particular applicability in the
field of Cooperatives and Condominiums since the process may result in
preserving relationships and enhancing a sense of community among neighbors.
of Mediation and Arbitration for Dispute Resolution in Entertainment Law
January 2011: Litigation requires a huge investment of time and money for an
uncertain verdict. Clients in the entertainment industry must also risk
irreparable damage to their reputation. Mediation and arbitration have
particular applicability in the field of entertainment law.
of Mediation and Arbitration for Dispute Resolution in Health Care
January 2011: Healthcare providers, insurers and suppliers rely to a large
extent on professional relationships to fulfill their Missions and advance their
business models. When disputes arise, preservation of the underlying
relationship is often critical to the parties. Arbitration has become very
common in the resolution of commercial disputes and is routinely incorporated
into such contracts as a method of choice for resolving disputes.
of Mediation for Dispute Resolution in Elder Law
January 2011: Mediation
has particular applicability in the field of Elder Law, specifically, mediating
end of life issues; mediating guardianship disputes; mediating elder care issues
between children/siblings of the parent and getting the elder person’s voice
of Arbitration and Mediation for Dispute Resolution in Intellectual Property
January 2011: Mediation and arbitration are no longer alternative
dispute resolution (ADR) mechanisms, but have become common in the resolution of
commercial and non commercial disputes between business entities and/or
individuals. Mediation and arbitration are routinely incorporated into contracts
as the methods of choice for resolving disputes that may arise in the future and
are also routinely used after problems arise and the parties are seeking a means
to resolve their disputes.
Guide and Notable Section Brochures
Choose New York for International Arbitration Brochure
This brochure explains the benefits as choosing New York as the venue for International Arbitration.
Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of Domestic Commercial Arbitrations And Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of International Arbitrations
Guidelines for The Arbitrator’s Conduct of the Pre-Hearing Phase of: (i) domestic commercial arbitrations, and (ii) international arbitrations. The Domestic Guidelines were unanimously approved by Executive Committee and House of Delegates of the New York State Bar Association (“NYSBA”) in April 2009, and the International Guidelines were similarly approved in
November 2010. The Guidelines were developed by NYSBA’s Dispute Resolution Section Arbitration Committee.