Dispute Resolution Section

Dispute Resolution Section

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


ADR in the Courts Committee  
January 9, 2019
February 6, 2019
April 3, 2019
May 1, 2019
Every first Wednesday of the Month, with exception to July which is a Holiday.

Arbitration Committee  
January 24, 2019
May 23, 2019

Diversity Committee 

Ethics Committee
November 30
February 6, 2019
March 27, 2019
April 17, 2019
May 29, 2019

Executive Committee 
December 12, 2018
January 17, 2019
February 13, 2019
March 13, 2019
April 10, 2019
May 8, 2019

Mediation Committee
December 10, 2018 (Joint meeting with Negotiation Committee)
January 14th, 2019
February 11, 2019
March 11, 2019
April 8, 2019
May 13, 2019
June 10, 2019

Negotiation Committee 
December 10, 2018 (Joint meeting with Mediation Committee)

To RSVP to any of these Committee meetings, please contact Kristina Gagnon.  


December 13, 2018 - The Global Currency of Mediation and Arbitration Awards: Introducing the Singapore Convention and Celebrating the New York Convention at Age 60


March 19-21, 2019: 3 Day Commercial Mediation Training
March 22-23, 2019: Inaugural Mediation Tournament

Dear DRS Members, Below is a copy of the note from Simeon H. Baum containing the Report of the DRS Nominating Committee.

Dear DR Section Members:  

Each year, the DRS Nominating Committee has the pleasure of reflecting on the wealth of contributions and demonstrated leadership of a good number of the Section's members, and selecting a slate of Executive Committee Officers for recommendation to the Section members.  It is always highly gratifying to see the high level of engagement and service demonstrated by so many of our members.  Below, for your consideration, is the Report of the Nominating Committee with this year's recommended slate for the 2019-2020 term, to be voted on at the Dispute Resolution Section's Annual Meeting:  

Report of the Nominating Committee  

            The following shall constitute the Report of the Nominating Committee:  

             Pursuant to Article IV, Section 3 of the by-laws, the following shall constitute the slate of candidates proposed by the Nominating Committee to serve as officers of the Dispute Resolution Section for a one-year term, commencing June 1, 2019:  

                                Chair:            Theodore K. Cheng

                               Chair-Elect:   Laura A. Kaster

                               Vice-Chair:   Ross J. Kartez

                               Secretary:   Alfreida B. Kenny

                               Treasurer:    Krista Gottlieb  

            Article IV, Section 3 of the By-laws provides that, within ten business days after the date hereof, “other qualified candidates may be added to the ballot by presenting the Secretary with a petition requesting the inclusion of those other candidates on the ballot endorsed by the signature of at least twenty-five Section members.”  

            The election of officers shall be held at the Annual Meeting of the Section scheduled for January 17, 2019.


                                                                         Respectfully submitted,   

                                                                        Simeon H. Baum, Co-chair

                                                                        Stephen A. Hochman, Co-chair

                                                                        Deborah Masucci

                                                                        Daniel F. Kolb

                                                                        Rona G. Shamoon

Dated: December 3, 2018 


Organized by the International Dispute Resolution Committee

December 13, 2018
12:00 p.m. - 1:00 p.m.

NYSBA Members: Free
Non-NYSBA Members: $25.00

This webinar will explore global enforcement regimes for arbitration awards and mediated settlement agreements.  The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been described as the most successful multilateral treaty in private international law. As the New York Convention celebrates its 60th year, UNCITRAL approved the final draft of a new Convention on the Enforcement of Mediation Settlements (the “Singapore Convention”). What accounts for the success of the New York Convention and is there a need for reform at age 60? Will the Singapore Convention give mediation the same credibility as arbitration as an effective means of international dispute resolution? Tune in on December 13 for the insight of two experienced practitioners.

Carolyn E. Hansen, Esq.
Nancy M. Thevenin, Esq.

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


To learn more about Dispute Resolution Section, please contact Kristina Gagnon.


Thursday, January 17, 2019
10:00 AM - 8:00 PM
Total MCLE Credits: 4.00 (Professional Practice 3.5, Ethics 0.5)
Sutton Center and North, 2nd Floor

Register for the 2019 Annual Meeting Here or Download The Registration Form Here.


Under New York's MCLE rule, this program has been approved for up to 4.0 credit hours (3.5 credits in Professional Practice and 0.5 in Ethics). This program will qualify for credit for newly-admitted attorneys.

Section Chairs
Deborah Masucci, Esq., Masucci Dispute Management and Resolution Services
Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution and Management Services, Inc.

Program Chairs
Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution and Management Services, Inc.
Jeffrey T. Zaino, Esq., American Arbitration Association
Ross J. Kartez, Esq., Ruskin Moscou Faltischek

10:30 AM - 12:00 PM
Executive Committee Meeting
Paul Weiss | 1285 Avenue of the Americas

12:00 PM -1:30 PM
Paul Weiss | 1285 Avenue of the Americas

2:00 PM - 2:05 PM
Welcome Remarks
Dispute Resolution Section Membership Vote

2:05 PM - 3:20 PM
Navigating ADR Through the #MeToo Movement and the Legislative Response
A flurry of legislative action in response to the #MeToo movement has put confidentiality, non-disclosure, and mandatory arbitration under scrutiny and limited tax deductions as it relates to sexual harassment claims. Workplace internal dispute resolution programs intended to protect employees and companies alike are being reexamined. This panel will examine those new requirements, the pros and cons of the new legislation (including the impact to companies, employees, and dispute resolvers), and practical considerations to ensure compliance.   
Panelists: Jill L. Rosenberg, Esq., Orrick, Herrington & Sutcliffe LLP
                  Gregory S. Chiarello, Esq., Outten & Golden LLP

3:20 PM - 3:30 PM

3:30 PM - 4:20 PM
Class Action Simplicity Under Challenge
Topics to be discussed by this panel: (1) administrative challenges faced by ADR Providers, including the handling of class actions and best practices; (2) in-house considerations when drafting class action-related policies, the benefits and detriments of class action waivers, the costs associated with multiple proceedings, and other related matters; (3) strategies by the plaintiffs’ bar to counter class action waivers, litigation or otherwise; and (4) arbitrator perspectives on the foregoing issues. 

The panel will address what motivates companies to adopt processes to avoid class actions or prefer class action processes in arbitration; how they formulate the procedures; challenges in arbitration, including coordination, discovery, sharing testimony across cases and other process/administrative issues; and the law developing in the area.
Panelists: Alfred G. Feliu, Esq., Feliu Neutral Services, LLC
                  Ann Lesser, Esq., American Arbitration Association
                  Mitchell F. Borger, Esq., Macy's, Inc.

4:20 PM - 4:45 PM
The Power of Inclusion: Treating Others Well Enhances Our Well-Being
Inclusion is an invitation to reduce our stress and that of our colleagues by becoming more conscious leaders.  Join a Chief Diversity and Inclusion Officer in a discussion of today's best practices. If you are not actively including, then you are excluding.  
Speaker: Cecilia B. Loving, Fire Department of New York City

4:45 PM - 5:00 PM

5:00 PM - 6:00 PM
Trends, Successes and Strategies on Mediating Cases in Judicial and Arbitration Forums
Leading judges, neutrals, and advocates will discuss trends and preferred strategies for zealous representation of clients in mediation. Of particular note is the controversial topic of using a sitting judge or arbitrator as the mediator or settlement judge to resolve the case. Attorneys must consider the possibility that the judge or arbitrator may, at some point, try to mediate the underlying dispute. In fact, the New York Commercial Division Rules were recently amended to recognize this possibility and to offer the services of justices other than the justice assigned to the case – but are attorneys and judges utilizing this protocol? 
Panelists: David A. Shargel, Esq., Westerman Ball Ederer miller Zucker & Sharfstein, LLP
                  Hon. Shirley Werner Kornreich (Ret.), JAMS
                  Hon. Richard M. Berman, United States District Court, Southern District of New York
                  Michael A. Cardozo, Esq., Proskauer Rose LLP
                  Jeffrey L. Kessler, Esq., Winston & Strawn LLP

6:00 PM - 8:00 PM
Location to be determined 


Discounts and Scholarships
New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 3rd, 2019. For more details, please contact Kristina Gagnon in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or kmgagnon@nysba.org

Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Kristina Gagnon at 518-487-5669.

For questions about this specific program, please contact Kristina Gagnon at 518-487-5669. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.


March 19-21, 2019

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


$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:
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


View program brochure

For additional information contact Kristina Gagnon at 518-487-5669 or by email at kmgagnon@nysba.org

New York State Bar Association
Dispute Resolution Section | New York International Arbitration Center | American Arbitration Association


AAA-ICDR Dispute Resolution Center and NYIAC
150 East 42nd Street
17th Floor
New York, NY

View Program Flyer

Championship Round Judges:

Hon. Elizabeth J. Stong, Federal Judge, Eastern Bankruptcy Court of New York
Hon. Jeffrey K. Oing, Associate Justice, Appellate Division, First Department, New York State Supreme Court
Claire P. Gutekunst, Esq., Independent Mediator and Former President of the New York State Bar Association
Nancy M. Thevenin, Esq., Independent International Arbitrator and Mediator and Former Chair of the International Section of the New York state Bar Association

Cash Prizes totaling $5,000.00

1st Place Team - $2,000.00
2nd Place Team - $1,250.00
3rd Place Team - $750.00
Mediation Advocate Award - $1,000.00

Open to students from all law school in New York State
Registration Fee:  $150.00


Breakfast and lunch will be provided. There will also be cocktail reception after the Awards Ceremony.

This is a great opportunity to gain valuable mediation experience, attend trainings led by the top experts in the field, and to network with top mediation enthusiasts.



Advanced Commercial Mediation Training

June 11-12, 2019
Fordham University School of Law
150 West 62nd Street, New York, NY 10023

16.0 Credits | 10.0 Skills, 4.0 Areas of Professional Practice, 2.0 Ethics\

Registration fee includes continental breakfast, lunch, coffee breaks, and program materials.
$530 for Dispute Resolution Section Members or Fordham Law Alumni
$580 for NYSBA Members
$680 for Non-NYSBA Members

Section Chair:
Deborah Masucci, Esq.

Program Chairs:
Evan J. Spelfogel, esq.
M. Salman Ravala, Esq.

Simeon H. Baum, Esq.
Stephen A. Hochman, Esq.


View Program Brochure

 The Dispute Resolution Section of the New York State Bar Association is proud to offer a special program designed for mediators who have completed — or plan to complete — a minimum of three days of basic mediation training and who desire to enhance their commercial mediation skills. This program will focus on identifying the barriers to settlement and the ways to overcome them. In addition to refining and deepening facilitative skills and orientation, the program will address ways of  facilitating evaluative analyses or offering evaluative feedback to help the parties reach a resolution. This can include refining the handling of risk and transaction cost analysis, including the use of decision trees, as well as utilizing a variety of impasse breakers. The program will offer approaches to problems that arise when there are multiple parties or when one or more of the defendants has, or may have, insurance coverage with one or more insurance companies as well as ways to overcome impasse. Finally, the program will discuss the ethical issues that arise under various scenarios and how to deal with them. 

Program Topics

• 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 

About the Presenters

Simeon H. Baum, Esq.
Mr. Baum is a 30+ year litigator and President of Resolve Mediation Services, Inc. 
(www.mediators.com); serving as mediator, arbitrator and neutral evaluator in over 1,000 disputes 
since 1992. His mediations include the highly publicized Studio Daniel Libeskind-Silverstein 
Properties dispute over architectural fees for redevelopment of the World Trade Center site, and 
Trump’s $ 1 billion suit over the West Side Hudson River development. He served as founding Chair 
of NYSBA’s Dispute Resolution Section. He was Chair of the Federal Bar Association's ADR Section, 
past President of the FBA's SDNY Chapter, and on the FBA's national Board of Directors. He has 
served on ADR Advisory Groups to the New York Court system and trained their Commercial Division 
mediators for the last 20 years. In 2011, 2014, and 2018, Best Lawyers selected Mr. Baum as New 
York’s ADR “Lawyer of the Year.” He teaches on the ADR faculty at Benjamin N. Cardozo School of Law 
and is a frequent speaker and trainer on ADR.

Stephen A. Hochman, Esq.
Mr. Hochman, a founding partner in the firm now known as Kramer, Levin, Naftalis & Frankel, 
practiced law for over 40 years, specializing in corporate, commercial and securities law. He has 
successfully mediated over 400 commercial and other types of disputes, including class actions and 
financial, employment, insurance, real estate, partnership and bankruptcy disputes, approximately 
98% of which have settled. Mr. Hochman now practices exclusively as a mediator and arbitrator and 
writes, consults and lectures frequently on ADR subjects. Over the last 20 years, Mr. Hochman, 
together with Mr. Baum, has trained the mediators in New York County and various other downstate 
counties. He also served on the boards and investment committees of various non-profit 
corporations, including several hospitals and a
captive insurance company.


To register by phone, please call 1-800-582-2452.

For information about joining the Dispute Resolution Section or questions about this program, please contact Kristina Gagnon Section Liaison at kmgagnon@nysba.org



The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the Third Annual NYSBA/ACCTM National Championship Alternative Dispute Resolution Law Student Writing Competition for 2019.
 Once again, a $10,000 CASH PRIZE will be awarded to the winning submittal as determined by a panel judges from the Editorial Board of the ACCTM American Journal of Mediation, select Fellows of the College and members of the NYSBA Dispute Resolution Section. Winning entries will be published in the ACCTM Journal of Mediation and the NYSBA New York Dispute Resolution Lawyer.
To our knowledge, this is the richest Law Student Writing Competition in the United States.  The competition is open to all North American JD and LLM law students enrolled as of December 15, 2018.
Subject matter focus for entries can be on any aspect within the full range of alternative dispute resolution – reconciliation systems (e.g., negotiation, mediation), consensus based adjudicative processes (e.g., early neutral evaluation, arbitration and private judging), or mixed processes (e.g., arb-med, med-arb, high low arbitration, baseball arbitration etc.). Papers can also focus on ADR process design, practice techniques, specific case studies, related legislation, and ethical dilemmas and standards for dispute resolution professionals.
Submittals will be judged on timeliness and importance of topic, clarity of writing, innovation, and appropriate research supporting assertions and conclusions. Manuscripts must be the work of a single author and previously unpublished. All judging will be in the blind; judges will not be provided information on the author’s identity or school. NYSBA and ACCTM reserve the right not to award any prize and to reject any submission.  
While there are no firm page limits, there is an expectation that submitted works will be between fifteen and thirty double spaced pages, including footnotes. The work should be presented in 12 point Times New Roman font, on 8 ½ X 11 inch paper with one inch margins. Footnotes may be single spaced and presented in accordance with The Blue Book: A Uniform System of Citation (20th Edition). 
Entries are due no later than 5:00 pm EST June 1, 2019 and should be electronically submitted in Microsoft Word Format to:
American College of Civil Trial Mediators
c/o KATHY TALBOT, Executive Administrator
20 North Orange Avenue, Suite 704
Orlando, FL  32801


View Flyer

For questions, please contact Kristina Gagnon

This past Friday and Saturday (May 18-19,2018), the NYSBA’s Dispute Resolution Section held a training program focused on preparing advocates for representing clients in mediation and arbitration. This was the first program of its kind and was designed to be the first step in approving attending participants to represent clients through the Dispute Resolution Section’s newly-formed ADR pro bono clinic. The program was organized and co-chaired by Alexander Bachuwa (Bachuwa Law PLLC), Randall Tesser (Tesser, Ryan & Rochman, LLP), and Ross J. Kartez (Ruskin Moscou Faltischek, P.C.). Thank you to St. John’s University and the Hugh L. Carey Center for Dispute Resolution for providing the space and co-sponsoring the event. 

The program was a huge success. The event was overbooked and the organizers scrambled to find a larger room to house the audience – the enthusiastic crowd made for a fun and engaging program. 

Day one was all about mediation. Randall Tesser led the mediation program that included industry leaders Simeon Baum (Resolve Mediation Services, Inc.), Lew Tesser (Tesser, Ryan & Rochman, LLP), Prof. Elayne Greenberg (St. John’s University School of Law), and Robyn Weinstein (U.S. District Court, Eastern District of New York), who trained the attendees on how to effectively reach their adversaries without conceding their client’s interests. The presenters went through the full process, including voluntary vs. mandatory mediation, confidentiality, choosing a mediator, mediation philosophy, drafting a mediation statement, opening statements, communicating with the other side and the mediator, caucuses, joint sessions,  reaching agreements, follow-up efforts, and much more. There were plenty of exercises that kept the attendees on their toes, and everyone seemed to learn a lot about the process while having fun too. 

Day two was all about arbitration. Alex Bachuwa led the arbitration program, starting with the arbitration provision and moving all the way through post-award issues. Attendees received a comprehensive understanding of arbitration. The faculty included experienced arbitrators and advocates Alex Bachuwa, Ross J. Kartez, Charlie Moxley (MoxleyADR LLC), M. Salman Ravala (Criscione Ravala, LLP), David J. Abeshouse (Law Office of David J. Abeshouse), and Erica Garay (Garay ADR Services). The arbitration training included reviewing the arbitration clause, reviewing the provider’s rules, ascertaining arbitrability, selecting the arbitrator, preparing for the initial pre-hearing conference, streamlining discovery, preparing and submitting pre-hearing materials, presenting the case effectively, and issuing the award. The presenters made an effort to create a theme throughout the day that arbitration is a creature of contract, and that advocates must understand the flexible and streamlined nature of the process. The audience participated in various exercises that allowed them to utilize many of the tools learned throughout the day. 

The program was capped off with a networking cocktail reception giving the attendees a chance to relax and reflect on their experience. 

The organizers enjoyed the program and look forward to planning an encore next year. 

Click here to view photos from the program. 


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 Kristina Gagnon. 

To learn more about the Dispute Resolution Section, please contact Kristina Gagnon. 

The Litigative DNA: The Underutilization of Mediation in NY

Recorded: May 9, 2018
Total Credits: 8.0 (7.0 Professional Practice; Ethics 1.0)


Member: $225 | Non-Member: $325.00

This joint program of the Commercial and Federal Litigation, Corporate Counsel, and Dispute Resolution Sections will explore the contemporary role of mediation in New York and the potential expansion of that role along the lines of initiatives that have taken place in other jurisdictions.

The program will also address the substantial need for additional mediators and trained mediation counsel if the use of mediation is substantially increased in the courts in New York.

Speakers will include representatives of court systems from New York (Federal and State) and other jurisdictions to examine what happens when court systems substantially increase the number and types of cases that are sent to mediation.  Speakers will also include mediators, party representatives, and representatives of mediation providers, including the American Arbitration Association, JAMS, CPR, and FINRA.

Leading judges and Bar leaders will also speak at the conference to discuss the possible increase in the use of mediation in New York and how that might be caused to happen.

Speakers include: 
John. D. Feerick | Charles J. Moxley, Jr. | Jeffrey T. Zaino | Simeon H. Baum | Krista Gottlieb | Chris Stern Hyman | Deborah Masucci | Paul D. Sarkozi | David C. Singer | Steven C. Bennett | Helen E. Freedman |  Tracey B. Frisch | Noah J. Hanft | Chrystal Loyer | William K. Slate II | Adam J. Halper | Gary P. Shaffer | Elizabeth Shampnoi | Stephen P. Younger | Prof. Jacqueline Nolan-Haley | Stephen A. Marshall | Lisa Courtney | Barry Radlin | Robyn Weinstein | Kathleen Scanlon | Gail Killefer | Susan C. Marvin | Hon. Lawrence K. Marks | Hon. George B. Daniels | Hon. William M. Skretny | Sharon Stern Gerstman | Claire P. Gutekunst | John S. Kiernan

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.

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


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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