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 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  
      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  
      March 14, 2018  
      April 19, 2018 
      May 16, 2018 
      June 13, 2018 

      Diversity Committee 
      Additional Dates TBD

      Executive Committee 
      March 7, 2018  
      May 9, 2018 

      Mediation Committee
      March 12, 2018  
      April 9, 2018 
      May 14, 2018 

      Negotiation Committee
      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 -- 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

      Diversity Symposium - February 26, 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

    • February 22-23, 2018: Mediation and Arbitration Clinic for Advocates - POSTPONED

      MEDIATION AND ARBITRATION CLINIC FOR ADVOCATES

      February 22-23, 2018 -- POSTPONED; new date TBD
      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
      Dispute Resolution Section Member: $100.00
      NYSBA Member: $125.00
      Non-NYSBA Member: $150.00
      Student: $50.00  

      CLE Credits: TBD 

      REGISTER NOW

      Purpose 
      The purpose of this clinic to train new lawyers, transactional attorneys, and law students interested in pursuing a career as advocates in commercial mediation and arbitration.

      Who Should Participant? 
      New lawyers, transactional attorneys, and law students who are looking for real-world experience as advocates in commercial mediation and arbitration.

      Function 
      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 advocates in commercial mediations and arbitrations by representing parties who otherwise would have no representation. Participants will be supervised and mentored by an experienced ADR practitioner during the process.   

      REGISTER NOW

      For more information, please contact Sydney Joy.   

    • February 26, 2018: Symposium on Diversity in Dispute Resolution

      SYMPOSIUM ON DIVERSITY IN DISPUTE RESOLUTION: "THE SEARCH FOR SOLUTIONS"

      Brainstorm with the Chief Diversity Officers of Metropolitan Life, Bloomberg, and  Paul Weiss and the former Chief Diversity Officer of MasterCard 

      February 26, 2018
      6:00 pm - 7:15 pm; reception to follow
       

      Paul, Weiss, Rifkind, Wharton & Garrison LLP 
      1285 Avenue of the Americas, New York, NY 10019 

      1.5 Total MCLE Credits; 1.5 Diversity, Inclusion and Elimination of Bias. This program is complimentary.  

      Free for both NYSBA and Non-NYSBA Members*, but registration is required.
      *recommended contribution for attendees is $50-$100

      REGISTER NOW

      The Diversity Committee of the New York State Bar Association Dispute Resolution Section in conjunction with the International Institute for Conflict Prevention and Resolution is pleased to invite you to an exciting upcoming event on February 26, 2018. Much has been said and written about diversity in dispute resolution, but the input has largely been insular with the main focus being on the problem rather than the solution.  We will take a different approach by exploring the diversity achievements of others outside of the dispute resolution community.  A group of the country's leading diversity experts from a wide array of industries will help the dispute resolution community learn from their experience and leverage their successes to find implementable solutions to address our challenges.  It promises to be a highly interactive session. The only ticket to admission is the willingness to be honest and open-minded. 

      Program Co-Chairs 
      Noah Hanft, Esq. | CPR Institute  
      Jennifer Kim, Esq. | Trammo Inc.  

      Program Faculty 
      Erica Brown | Chief Diversity Officer of Bloomberg  
      Donna Johnson | Former Chief Diversity Officer of MasterCard  
      Elizabeth Nieto | Chief Diversity Officer of MetLife  
      Danyale Price | Diversity Director of Paul Weiss  

      View program flyer


      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.  

      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. 

    • March 22, 2018: The Litigative DNA - The Underutilization of Mediation in New York and What Can Be Done About It

      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

      March 22, 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


    • 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.

    • Save the Date: April 26, 2018 & May 23, 2018: In-Camera Breakfast Series

      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.

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

      April 26, 2018
      8:30 a.m. - 10:00 a.m.

      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. 

      Part I will explore how tribunals analyze and resolve tricky 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 conferece?

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

      Moderator:
      David Zaslowsky, Baker & McKenzie LLP


      PART 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.  

      Part 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

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

    • 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

    • Diversity Mentorship Program

      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. 

  • 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>