Dispute Resolution Section

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    Register Today! Dispute Resolution Section Meeting - Thursday, January 25, 2018
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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.
  • DRS Mediation Program Fordham
    Register Today! March 26-28, 2018 | 3 Day Commercial Mediation Training
  • DRS Arbitration Program Cardozo
    Save the Date! June 18-20, 2018 | 3 Day Commercial Arbitration Training
  • Upcoming Events
    • Upcoming Events and Committee Meetings

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

      COMMITTEE MEETINGS

      ADR in the Courts Committee  
      December 6, 2017  - Speaker - Leslie Berkoff, Bankruptcy Mediator
      January 3, 2018 - Speaker - Hon. Milton Tingling, NY County Clerk
      February 7, 2018 - Speaker - Melissa B. Ringel, Special Master, Supreme Court of the State of New York
      March 2018 - NO MEETING
      April 4, 2018  - Speaker - Prof. Donna Shetowsky, US Davis Law School Author of a forth coming article on ADR in Court programs
      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  
      December 14, 2017  
      January 18, 2018 
      February 14, 2018 
      March 14, 2018 
      April 19, 2018 
      May 16, 2018 
      June 13, 2018

      Diversity Committee 
      January 11, 2017
      February  21, 2017

      Executive Committee 
      December 7, 2017  
      January 25, 2018 (in conjunction with the Annual Meeting) 
      March 7, 2018 
      May 9, 2018 

      Mediation Committee
      December 11, 2017  -- Joint meeting with the Negotiation Committee 
      January 8, 2018 
      February 12, 2018 
      March 12, 2018 
      April 9, 2018 
      May 14, 2018 

      Negotiation Committee
      December 11, 2017  -- Joint meeting with the Mediation Committee
      January 15, 2018 
      February 20, 2018 
      March 19, 2018 
      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

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

      SAVE THE DATE

      Annual Meeting - January 25, 2018  
      3 Day Commercial Mediation Training - March 26-28, 2018 
      3 Day Arbitration Training - June 18-20, 2018 

    • Fall Meeting Recap

      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

    • December 12, 2017 - Webinar: Arbitration at Work: The Supreme Court's Visit to the Office

      WEBINAR: ARBITRATION AT WORK: THE SUPREME COURT'S VISIT TO THE OFFICE 

      December 12, 2017
      12:30 p.m. - 1:30 p.m.

      Cost:
      NYSBA Members: Free
      Non-NYSBA Members: $20.00

      REGISTER NOW

      In a battle between the enforceability of arbitration collective and class action waiver clauses in employment agreements and the right of employees under the National Labor Relations Act to engage in “concerted activities” for “mutual aid or protection,” which side will win?  In October, the U.S. Supreme Court heard oral argument on this very question in the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young. In this lunchtime webinar, experienced counsel in the field will give us their take on the oral argument and consider the potential implications of the forthcoming decision not only in the context of employment agreements, but for arbitration agreements generally.

      Moderator:
      Steven Skulnik, Practical Law - Thomson Reuters, DRS Arbitration Committee Co-Chair

      Speakers:
      John Halebian, Lovell Stewart Halebian Jacobson LLP
      Tracey Salmon-Smith, Bressler, Amery & Ross, P.C.

      Jointly presented by the Dispute Resolution and Labor & Employment Law Sections.

      *This webinar is informational only, MCLE credits will not be given.

      REGISTER NOW

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

    • Dispute Resolution Section Meeting (Live Attendee)

      DISPUTE RESOLUTION SECTION MEETING

      Thursday, January 25, 2018 2:00 PM
      2:00 PM - 6:00 PM
      Total MCLE Credits: 3.00 (Professional Practice 1.50, Ethics 1.50)
      #nysba18

      Register Here or Download The Registration Form Here.
       

      12:00 p.m. - 1:30 p.m. - Luncheon at Paul, Weiss, Rifkind, Wharton & Garrison LLP

      2:00 p.m. – 2:05 p.m.    Welcome 
       
      2:05 p.m. – 3:15 p.m.   Ethics and Business Development for Mediators and Arbitrators:  Distinguished mediators and arbitrators will lead a discussion on best practices for developing your ADR practice.  The panel will address ethical considerations specific to mediators and arbitrators in setting up and building a successful practice, including social media approach, insurance considerations, and cyber security protections.
       
      •John Bickerman, Bickerman Dispute Resolution
      •Harrie Samaras, ADR Office of Harrie Samaras
      •Stephanie Cohen, Cohen Arbitration
       
      3:15 p.m. - 4:00 p.m.     Coffee break
       
      4:00 p.m. - 4:30 p.m.    Remarks by John Kiernan on the New York City Bar Association President’s Committee on Enhancing Efficiency in Dispute Resolution.
       
      4:30 p.m.  – 5:55 p.m.  Judicial Perspectives on Dispute Resolution: A dialogue among members of the judiciary on trends in dispute resolution.  Panelists will provide their thoughts and perspectives on pursuing early settlement strategies, proactive use of dispositive motions, mediation, and arbitration, along with practical advice for advocates and neutrals in driving efficiency into the litigation process.  
       
      • Hon. Robert Levy, United States Magistrate Judge for the Eastern District of New York
      • Hon. Lawrence K. Marks, Chief Administrative Judge of the Courts of New York State
      • John S. Kiernan, Partner, Debevoise and Plimpton, and President of the New York City BAr Association
      • Hon. Victor Marrero, United States District Judge for the Southern District of New York
       
      5:55 p.m. – 6:00 p.m.  Wrap up

      6:00 p.m. - 7:30 p.m. - Cocktail Reception honoring the Judith S. Kaye Arbitration Competition Winners at Dorsey & Whitney, LLP 



    • March 26-28, 2018 - 3-Day Commercial Mediation Training

       DISPUTE RESOLUTION SECTION AND FORDHAM UNIVERSITY SCHOOL OF LAW
       3-DAY COMMERCIAL MEDIATION TRAINING

      March 26-28, 2018 

      Fordham University School of Law
      140 West 62nd Street
      New York, NY 10023 

      REGISTER NOW

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

      CLE Credits:
      Earn up to 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.

      This three-day course will present a thorough examination of mediation principles and techniques. The program faculty will analyze the structure of a typical mediation, highlight ethical issues that may rise in mediation, and explore solutions for generating movement and overcoming impasse.

      The program faculty will explore the differences between facilitative and evaluative or directive approaches in mediation, both from a practical and from an ethical perspective, and will discuss the advantages and disadvantages of these styles. The instructors will focus on experiential learning through role plays and dialogue to help prepare you for the real world of commercial mediation.

      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

      REGISTER NOW

      View program brochure

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

    • June 18-20, 2018 - 3-Day Commercial Arbitration Training


      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

    • Call for Speakers!


      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

  • 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>