Dispute Resolution Section

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    Annual Meeting 2017
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  • Upcoming Events
    • Dispute Resolution Offsite Lunch at Annual Meeting

      DISPUTE RESOLUTION SECTION'S OFFSITE LUNCHEON

      12:00 p.m. - 1:30 p.m. | Dorsey & Whitney | 51 West 52nd Street, New York, New York 10019

      Walking Directions from Dorsey & Whitney to New York Hilton Midtown:

      • Head Northwest on W 52nd Street toward 6th Ave
      • Turn right onto 6th Ave
      • Turn left onto W 53rd Street 
      • Destination will be on the right - New York Hilton Midtown, 1335 6th Avenue, New York, NY 10019


    • Dispute Resolution Section Annual Meeting Program

      Under New York’s MCLE rule, this program has been approved for 1.0 credit hours in Professional Practice and 2.0 MCLE credit hours in Skills. This program is transitional and is suitable for MCLE credit for newly-admitted attorneys. 

      Section Chair
      Abigail J. Pessen, Esq.
       
      Dispute Resolution Services 
      New York City 

      Program Co-Chair 
      Conna A. Weiner, Esq.
       
      Dispute Resolution Services  
      Boston 

      Program Co-Chair 
      Gary Shaffer, Esq. 

      Shaffer Mediation
      Brooklyn 

       FORECASTING THE FUTURE OF DISPUTE RESOLUTION

      2:00 p.m. -2:05 p.m. Welcoming Remarks: Abigail J. Pessen, Esq., Section Chair; Conna A. Weiner, Esq. and Gary Shaffer, Esq., Program Co-Chairs

      Court-Annexed Mediation: Where Are We and Where Are We Headed?
      2:05 p.m. - 3:10 p.m. 

      The panel includes three experts in court-annexed mediation: an experience mediator from the Western District of New York mediation panel, a litigator who has participated in numerous mediations in the Northern District of New York's mediation program, and the Chief Second Circuit Mediator of the newly expanded Second Circuit mediation program. They will discuss their experiences with those programs and provides insights into how other courts, could implement successful mediation programs. In addition, the panel will address mediator and advocacy skills related to court-annexed programs when cases are best suited to go to mediation. 

      Gary Shaffer, Esq.
      Shaffer Mediation 
      Brooklyn

      Panelists:
      Michael Menard, Esq.

      Western District of New York Mediatior
      Buffalo

      John E. Higgins, Esq.
      Jackson Lewis, P.C.
      Albany

      Kathleen Scanlon, Esq.
      Chief Circuit Mediator, Second Circuit Court of Appeals
      New York City 

      Coffee Break
      3:10 p.m. - 3:20 p.m.

      Inside Counsels' Current Thinking About Dispute Management, Resolution and Neutrals 
      3:20 p.m. - 4:25 p.m. 

      Experienced inside counsel and an outside counsel specializing in advising corporate counsel on dispute resolution management will share key insights – including the skills they are looking for in an effective neutral -- and describe new ways of managing business disputes.

      Co-Moderators and Panelists:
      Conna A. Weiner, Esq.

      Dispute Resolution Services 
      Boston

      Beth Trent, Esq.
      New York City

      Panelists:
      Duncan MacKay, Esq.

      Eversource Energy
      Hartford

      Jonathan Slonim, Esq.
      McKinsey & Company, Inc.
      New York City

      Kurt Hansson, Esq.
      Paul Hastings, LLP
      New York City 

      Coffee Break
      4:25 - 4:35

      Key Developments in Arbitration
      4:35 p.m. - 5:40 p.m.

      Experts in consumer and employment arbitration issues will discuss and debate hot topics and recent trends in arbitration law, including the legal status of executive agency attempts to bar or restrict pre-dispute arbitration agreements (including efforts by the Center for Medicaid and Medicare Services and the Consumer Finance Protection Bureau) and the current circuit split relating to the interplay between the Federal Arbitration Act and the National Labor Relations Act.  The prognosis for these trends, especially in light of the change in administration and the eventual appointment to fill the vacancy on the Supreme Court, will be examined.

      Moderator:
      Jyotin Hamid, Esq.

      Debevoise & Plimpton, LLP.
      New York City

      Panelists:
      Archis A. Parasharami, Esq.
      Mayer Brown LLP
      Washington, D.C.

      Matthew Wessler, Esq.
      Gupta Wessler PLLC
      Washington, D.C.

      Juno Turner, Esq.
      Outten & Golden LLP
      New York City 

      Closing Remarks
      5:40 p.m. - 5:45 p.m.

    • Dispute Resolution Offsite Reception at Annual Meeting

      COCKTAIL RECEPTION AT DORSEY & WHITNEY

      Come join us in toasting to the law student winners of the 2016 Judith Kay Arbitration Moot Competition!

      This event is a joint event with NYIAC.


    • March 13, 2017: Joint Commercial and Federal Litigation Section and Dispute Resolution Section program held at Fordham Law School

      New York State Bar Association Joint Program of Commercial and Federal Litigation Section And Dispute Resolution Section

      Cross-Fertilization of Best Practices Recommendations by ComFed and the DR Section for Improving Dispute Resolution in the Courts and in Arbitration


      Fordham Law School
      | Costantino RM 2-02 | 150 W 62nd St | New York, NY 10023

      March 13, 2017

      7.5 CLE credits in professional practice, this program qualifies for newly admitted attorneys.

      REGISTER NOW

      Agenda:

      8:00-9:00 a.m. - Registration and Continental Breakfast

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

      Speakers: Charles J. Moxley, Jr., Program Co-Chair, Jeffrey T. Zaino, Program Co-Chair and Dean John D. Feerick

      9:15-10:55 a.m. - What the Litigation World Has Been Doing to Improve the Courts—and What the Arbitration World Can Learn from Those Effort
      This Panel will focus on a discussion of recent reports of ComFed and of the State Bar generally on how to improve the administration of justice in the courts—and then will focus on a discussion about what the arbitration world can learn from these efforts in order to improve the administration of justice in arbitration.
      Moderator: 
      Charles J. Moxley, Jr.
      ComFed Presenters: Jonathan D. Lupkin,   Paul D. Sarkozi, David H. Tennant  
      DR Section Commentators:
      William L.D. Barrett, Sasha Carbone, Abigail Pessen

      10:55-11:05 a.m. - Break

      11:05-12:45 p.m. - What the Arbitration World Has Been Doing to Improve Arbitration—and What the Courts Can Learn from Those Efforts
      This panel will focus on the flip side of panel 1:  It will present a discussion of the various reports and efforts of the Dispute Resolution Section and of other parts of the arbitration world to improve commercial arbitration and particularly to make it more expeditious and economical—and then will turn to the subject of what the courts can learn from these efforts by the arbitration world to aid the courts to improve the handling of individual cases in the courts.
      Moderator: Jeffrey T. Zaino
      DR Section Presenters: Hon. Ariel E. Belen (Ret., JAMS),  Edna Sussman, John H. Wilkinson     
      ComFed Commentators: Steven C. Bennett, Ignatius Grande, James M. Wicks

      12:45-1:40 p.m. - LUNCH

      1:45-3:00 p.m.- Electronic Discovery—The Current State of Play as to the Scope of Electronic Discovery in the Courts and in Arbitration: What the Rules Say and What is Actually Happening
      This panel will focus on the current rules as to electronic discovery, as applied in the courts and in arbitration.  The particular focus will be on both the rules themselves and how they tend to be applied in the courts and in arbitration generally.
      Moderator: Steven Skulnik
      ComFed Presenters:   Maura R. Grossman, Hon. Shira A. Scheindlin (Ret.), Hon. Ira B. Warshawsky (Ret.)                                                   
      DR Section Presenters:
      Sherman W. Kahn, Daniel F. Kolb, Richard L. Mattiaccio

      3:00-3:15 a.m. -Break

      3:15-4:15 p.m. - Search for a Solution—How the Arbitration World and the Courts Can Keep ESI Within the Limits of Proportionality, Efficiency and Economy
      This panel will take the discussion of Panel 3 one step further:  It will involve a discussion not only of how electronic discovery is handled today in the courts and in arbitration, but also of how we can improve the handling of such discovery, both in the courts and in arbitration, in order to deliver more expeditious and economical justice in both forums.
      Moderator: Charles J. Moxley, Jr.
      Speakers: Hon. Carolyn E. Demarest, Hon. Ron J. Hedges (Ret.), Hon. Frank Maas (Ret.), Carla Miller, Aníbal Martin Sabater

      4:15-5:15 p.m. - What the Institutions Can Do to Foster the Objective of Expeditious and Economical Dispute Resolution in Arbitration and in the Courts
      This panel will attempt to pull together the entire day’s discussion, from the perspective of arbitration providers and the courts, as to what steps can be taken by those institutions to improve the administration of justice in commercial cases in both types of forums.
      Moderator: Rekha Rangachari
      Speakers: Rocío Digón, Helena Tavares Erickson, Clara Flebus, Luis M. Martinez, Matthew York

      5:15-5:45 p.m. Closing Comments/Final Wrap-Up
      Speakers: Rekha Rangachari, Program Co-Chair and Steven Skulnik, Program Co-Chair, Mark C. Zauderer

      5:45-7:00 p.m. Wine and Cheese Reception  

    • 3 Day Commercial Mediation Training: March 14-16, 2017

      Dispute Resolution Section and Fordham University School of Law
      3 Day Commercial Mediation Training

      March 14-16, 2017
      Fordham University School of Law
      140 West 62nd Street, New York, NY 10023 

      Register Online or View the Program Brochure.

      Topics & Skills Presented by: Simeon H. Baum, Esq., litigator, mediator & President, Resolve Mediation Services, Inc. (www.mediators.com) and Stephen A. Hochman, Esq., mediator & arbitrator
      • 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

      Rates:
      $795 for Dispute Resolution Section Members and Fordham Alumni
      $845 for NYSBA Members
      $945 for Non-NYSBA Members
      Includes continental breakfast, lunch, coffee, and electronic online program materials. 

      CLE Credits:
      Under New York’s MCLE rule, this program will provide you with a total of 24 CREDIT HOURS. The breakdown is as follows: 6.0 MCLE Credits in Areas of Professional Practice, 12.5 in Skills, 4.0 in Ethics, and 1.5 in Law Practice Management. THIS PROGRAM IS TRANSITIONAL AND THEREFORE SUITABLE FOR NEWLY ADMITTED ATTORNEYS.

      Written Materials: 
      Complete course materials are distributed via email to registered attendees in downloadable, digital PDF searchable format at least one week prior to the program date, providing flexibility in using these materials in their day-to-day practice. A hard copy version is available for purchase, please select hard copy materials when registering online or indicate as directed on registration form.

      For additional information contact Sydney Joy at 518-487-5630 or by email at sjoy@nysba.org. 

  • 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.

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