Dispute Resolution Section

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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 Arbitration Program Cardozo
    June 19-21, 2017 Commercial Arbitration Training Register now!
  • Upcoming Events
    • June 6, 2017: Mediation's Advantages in Resolving Wills, Trusts, Estates and Adult Guardianship Matters

      MEDIATION'S ADVANTAGES IN RESOLVING WILLS, TRUSTS, ESTATES AND ADULT GUARDIANSHIP MATTERS 

      Monday, June 6, 2017
      9:00 A.M. - 1:15 P.M.

      New York Law School
      185 West Broadway
      New York, NY

      REGISTER NOW


      Mediation of disputes involving trusts, estates, probating Wills, and adult guardianship matters is becoming increasingly popular due to the varied benefits that dispute resolution processes provide. In other parts of the country mediation is the more usual process utilized for these disputes. 

      The movement towards mediation is a reflection of its unique utility and benefit in this context. Disputes in these areas generally involve emotionally charged interpersonal relations; the disputing parties quite frequently are siblings, close relatives and other family members. Mediation can be more suited than litigation in resolving these interpersonal matters, which prove a more intimate setting and allows for creative solutions. For these reasons, mediation is a valuable tool that should be considered whenever possible. It can be of great benefits in dealing with issues relation to cultural diversity. 

      A distinguished panel of recognized mediators, litigators, trusts, estates and elder law practitioners, and judges will reveal mediation's benefits and advantages and demonstrate why meditations time has come upon us for those practicing in these areas. 

      This program will be of particular interest to trusts and estates attorneys and elder law attorneys who litigate in the Surrogate's Court and Supreme Courts dealing with wills, trusts, estates, guardianship disputes and the elderly, and those who confronted with these disputes in their planning practice. Attorneys may be seeking better utilization of their time and efforts - and that of their clients as well. Those attending will gain an understanding of the advantages mediation offers over litigation, including time and cost efficiencies, acting and meaningful client participation and the potential for tailored resolutions, which leads to improved client satisfaction. 

      Topics will include:

      How Mediation Differs from Adversarial Proceedings - Benefits of Mediation - The Mediation Process 
      Speaker: Professor Lela P. Love, Director, Cardozo Mediation Clinic, Benjamin N. Cardozo School

      Challenges of Mediating High Conflict Family Disputes - Cognitive and Emotional Barrier to Resolution 
      Speaker: Daniel Weitz, State-wide Coordinator of ADR, New York State Court System

      Different Mediation Programs and Models for Use in Surrogate's Court and Supreme Court Litigation 
      Moderator: Leona Beane, 
      Arbitrator and Mediator, and Trusts and Estates and Guardianship Attorney 
      Speakers: Surrogate Brandon Sall, Surrogate, Westchester County Surrogate's Court | Daniel Weitz, State-wide Coordinator of ADR, New York State Court System

      Role Play 1: Sibling Estate Dispute After Death of Mother 
      Moderator: Professor Lela Love, Director, Cardozo Mediation Clinic, Benjamin N. Cardozo School 
      Speakers:  Gary B. Friedman, Partner, Greenfield Stein & Senior, LLP | Eric Penzer, Trusts and Estates Litigator, Partner, Farrell Fritz P.C. | Leona Beane, Arbitrator and Mediator, and Trusts and Estates and Guardianship Attorney | Robert D. Steele, Partner, Schwartz Sladkus Reich Greenberg Atlas LLP

      What Types of Disputes are More Amendable to Mediation- A Discussion Among Trusts, Estates and Guardianship Attorney's and the Court  
      Moderator: Robert D. Steele, Partner, Schwartz Sladkus Reich Greenberg Atlas LLP 
      Speakers: Surrogate Brandon Sall, Surrogate, Westchester County Surrogate's Court  | Gary B. Friedman, Partner, Greenfield Stein & Senior, LLP  | Eric Penzer, Trusts and Estates Litigator, Partner, Farrell Fritz P.C. | Pauline Yeung-Ha, Partner, Grimaldi & Yeung, LLP

      Role Play 2: Possible Guardianship Proceeding 
      Speakers: Leona Beane, Arbitrator and Mediator, and Trusts and Estates and Guardianship Attorney | Daniel Weitz, State-wide Coordinator of ADR, New York State Court System| Robert D. Steele, Partner, Schwartz Sladkus Reich Greenberg Atlas LLP | Pauline Yeung-Ha, Partner, Grimaldi & Yeung, LLP

      For more information, please contact Sydney Joy at sjoy@nysba.org. 

    • June 19-21, 2017: Commercial Arbitration Training

      June 19-21, 2017
      Benjamin N. Cardozo School of Law
      55 Fifth Avenue
      New York, NY  10003

      REGISTER Online or complete the PDF Registration Form

      View the program brochure

      The Dispute Resolution Section of the New York State Bar Association and the Benjamin N. Cardozo School of Law present:
      COMMERCIAL ARBITRATION TRAINING
      Comprehensive arbitration training for neutrals and advocates as to the Best Practices in conducting commercial arbitrations.

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

      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.   

      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.

      In effect, contemporary arbitration Best Practices constitute a bedrock as to the type of process parties and arbitration counsel are entitled to expect – and demand from arbitrators. Understanding arbitration Best Practices will enable litigators to demand from arbitrators the type of arbitration process to which their clients are entitled. The training will be provided by experienced litigators as well as arbitrators.

      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

      This will be an interactive program with active participation by those taking the training. 

      Read what our previous attendees have to say about the training:

      “The DRS Commercial Arbitration Training Program is a rich and well-engineered course, providing invaluable practical learning. Two years on, I find myself continually relying on those very lessons and examples when encountering thorny issues. Well worth the price of admission.”

       “As a lawyer with 42 + years of practice I have rarely found a CLE presentation more bracing and useful than the NYSBA Commercial Arbitration course.  The uniform quality of the instructors and the depth of material left me 100% confident I knew what I needed regarding commercial arbitration, period.  This was a no nonsense three days of solid learning and the venue of Cardozo could not have helped more, it was a thrilling environment for me to be in such an up and coming law school in our nation.”

      "NYSBA's comprehensive commercial arbitration program held at Cardozo last year was a wonderful way for me to explore and ultimately enter the field of commercial arbitration.  The program faculty was extremely knowledgeable, and the materials provided were (and still are) of direct practical use and application.  Anyone who wishes to enter the field or who even wants to just learn about it should not hesitate to sign up."

      "As an experienced arbitrator, I can say without reservation that the NYSBA Commercial Arbitration Program is the gold standard for people new to arbitration -- whether advocates or neutrals -- and those of us who know there is always something new to learn from knowledgeable insiders about the law and lore of arbitration.  I attend every year and come away enlightened.  The hefty and well-organized program materials are a great value.  The program is invaluable."


      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.

    Read Now>