Dispute Resolution Section

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    Join the Section Join the Dispute Resolution Section Today!
  • DR Section Brain
    Register Today! Fall Meeting | Brave New World in Dispute Resolution | New York Law School
  • 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
    Save the Date! 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
    • 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

    • Thursday, October 26, 2017 - Fall Meeting

      DISPUTE RESOLUTION FALL MEETING | BRAVE NEW WORLD IN DISPUTE RESOLUTION

      THURSDAY, OCTOBER 26, 2017

      New York Law School 
      185 West Broadway (corner of West Broadway and Leonard Street)
      New York, NY 10013-2921

      REGISTER NOW 

      In-person and LIVE Webcast pricing: 
      DRS Section Member: $75*/$125 | NYSBA Member: $175*/$225 | Non-Member: $250*/$300 | Newly Admitted Attorney: $75 | NYSBA Member Law Student: $50  
      Not a member of the Dispute Resolution Section? Dues are only $35 per year with NYSBA membership. Join today to save on this program! (Join online or call the Member Resource Center at 1-800-582-2452, M-F, 8AM-5PM) 
      *early registration fee if you register before October 13, 2017.
      **if you wish to attend via webcast and reside 100 miles outside of New York City, please send registration form directly to Sydney Joy to receive 50% discount.

      This program provides up to 5.5 MCLE credit hours (3.0 in skills, 1.0 in professional practice and 1.5 in ethics), this program is transitional and does qualify for newly admitted attorneys.

      Newly Admitted Attorneys—Permitted Formats
      In accordance with New York CLE Board Regulations and Guidelines (section 2, part C), newly admitted attorneys (admitted to the New York Bar for less than two years) must complete Skills credit in the traditional live classroom setting or by fully interactive videoconference. Ethics and Professionalism credit may be completed in the traditional live classroom setting; by fully interactive videoconference; or by simultaneous transmission with synchronous interactivity, such as a live-streamed webcast that allows questions during the program. Law Practice Management and Areas of Professional Practice credit may be completed in any approved format.

      View program brochure and registration form

      Agenda
      8:00 AM 
      Registration
      8:30 AM  Executive Committee Meeting:  All Attendees Welcome!
      10:00 AM – 10:10 AM Welcoming Remarks -  Daniel F. Kolb, Esq., Section Chair

      10:10 AM – 11:10 AM  Panel 1: Challenges to the Authority of an Arbitrator 

      - Case study of “exceeding powers” and grounds for vacatur 
      - Common examples giving rise to claims of “exceeding authority”

      Panelists will discuss how they would resolve challenges to arbitral authority covering both domestic and international jurisdictions. When does an arbitrator exceed his or her authority? What is deemed to be a problem award? A case study on motions to vacate will also be discussed. 
       
      Moderator: Neal Eiseman, Esq., Goetz and Fitzpatrick LLP
      Panelist: Lea Haber Kuck, Esq., Skadden, Arps, Slate, Meagher & Flom LLP; Derek Soller, Esq., Baker McKenzie LLP            
       
      11:10 AM - 11:20 AM Break

      11:20 AM – 12:30 PM  Panel 2: Multi-party Mayhem
      The panelists will lead a discussion on unique challenges presented by Multi-party mediations. Drawing on experience with construction, insurance, investor fraud claims, and other matters that have multiple parties on either side on the "v," we will consider preparation; ways to structure a productive process; how to address group dynamics; ways to handle mutual finger pointing and pre-existing expectations for percentage contributions; cross-purpose caucuses; scapegoating; and challenges in consensus building with multi-interest, multi-issue and multi-party matters. 

      - Multi-party mediation challenges within construction, insurance and investor fraud cases
      - Best practices to structure productive processes
      - Addressing group dynamics
      - Techniques to mitigate mutual finger pointing
      - Managing pre-existing expectations for percentage contributions
      - Cross-purpose caucuses
      - Building consensus in multi-interest, multi-issue, and multi-party matter

      Panelists: Simeon H. Baum, Esq., Resolve Mediation Services, Inc.; Michele Kern-Rappy, Esq., Senior Settlement Coordinators NYS Court System; David Paterson, Esq., Former NY Governor
       
      12:30 PM - 1:30 PM - Lunch

      1:30 PM – 2:40 PM – Panel 3: Finally Shattering the Glass Ceiling -- Selecting to Enable Diversity

      Noah Hanft, President of the International Institute for Conflict Prevention and Resolution, will discuss how corporate counsel, providers and neutrals can – and must – work together to help qualified women and minorities secure neutral appointments in ADR Proceedings.

      Following Noah Hanft, there will be an interactive session on diversity and how to attack implicit bias. Introductions by Laura Kaster, Appropriate Dispute Solutions and facilitated by Katherine E. Miller, Understanding Conflict. 
       
      Symphonies expanded the diversity of their performers by having potential candidates audition behand a screen. In this way, selections were based on the talent heard and not visually. What process can me instituted by in house counsel, outside counsel, providers or even neutrals establish to increase the appointment of women and minorities. This will be a facilitated brainstorming session with concrete actions for the future as the goal.
       
      Panelists: Noah Hanft, Esq., International Institute for Conflict Prevention and Resolution; Laura Kaster, Esq., Appropriate Dispute Solutions; Katherine E. Miller, Esq., Understanding Conflict 
       
      2:40 PM – 4:00 PM - Panel 4: Ethical Quandaries in the ADR World: What to do? What not to do?
      This will be an interactive session. Attendees will be presented with 5 real life ethical dilemmas faced by neutrals and advocates in mediation and arbitration proceedings. Attendees will be broken down into groups to discuss how they would address the dilemma followed by a facilitated discussion.
       
      Moderator: Eugene Farber, Esq., Farber Segall & Pappalardo, LLP
      Panelists: Hon. Carolyn Demarest, JAMS - The Resolution Experts; Paul Bennett Marrow Esq., Paul Bennett Marrow, Attorney and Arbitrator
       
      4:00 PM – 4:10 PM   Break
       
      4:10 PM - 5:10 PM Panel 4: New Bottles for Old Wine: Innovation in the Dispute Resolution World

      - Introducing innovative dispute resolution processes (DRS)
      - Best methods of DRS incorporation
      - Discussing Mixed Mode Task Force sponsored by the College of Commercial Arbitration

      Disputes are as old as history, yet the search continues for effective and efficient dispute resolution processes. So-called “alternative” dispute resolution now is well engrained in the business and legal cultures in many parts of the world and often are highly effective. At the same time, disputes are increasingly complex and they remain at times expensive and time-consuming to resolve.   Is it time to think about some new horizons? Can we make more effective use of available neutral talent and the strong skill sets and experience they bring to complex legal and business disputes? This panel of distinguished professionals will focus on innovative processes – some new, some redeployed to new areas and some combined in new ways. You will hear about the groundbreaking work of the Mixed Mode Task Force sponsored by the College of Commercial Arbitrators and the ways in which innovative processes might be incorporated in your practice.  
       
      Moderator: Mark Morril, Esq., Morril ADR LLC
      Panelists: Edna Sussman, Esq., Sussman ADR LLC; Kathleen Harmon, Esq., Harmon York Associates, Inc.; Patrick Green, Esq., Henderson Chambers
       
      5:10 PM - 6:30 PM Networking Reception

      REGISTER NOW

      For questions contact Sydney Joy at sjoy@nysba.org | To register over the phone contact the Member Resource Center at 1-800-582-2452.

    • November 17, 2017 - Fordham International Arbitration Conference

      Fordham International Arbitration Conference

      Facing the Future in International Arbitration: Evolving Issues, Practices and Solutions

      November 17, 2017

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

      8:15 a.m. - 9:00 a.m. - Registration
      9:00 a.m. - 5:30 p.m. - Conference
      5:30 p.m. - 7:30 p.m. - Reception

      Topics to include:

      • Emerging Expectations for Arbitrators? Duties, Accountability and Transparency
      • A Mock Arbitration for Your Case: Optimizing Your Strategies and Maximizing Success
      • Third-Party Funding: What Are the Issues for International Arbitration?
      • Determining Value in Arbitration: The Special Role of the Expert
      • Arbitrator Remedies: What Should the Tribunal Order and Why?

      For more information view the program brochure

    • November 29, 2017 - Webinar: When Arbitration Goes to New York Courts

      WEBINAR: WHEN ARBITRATION GOES TO NEW YORK COURTS: RECENT DEVELOPMENTS IN THE RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS

      November 29, 2017
      12:30 p.m. - 1:30 p.m.

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

      REGISTER NOW

      In this 60-minute webinar, experienced counsel will take you on a tour of recent cases from New York’s federal and state courts concerning the recognition and enforcement of domestic and international arbitration awards, bringing you up to speed on the latest developments in the manifest disregard of the law doctrine as well as trends in the treatment of awards annulled at the seat of arbitration. This program is not to be missed by arbitration practitioners or litigators who regularly appear in New York courts to enforce or challenge arbitration awards!

      Speakers:

      Frances Bivens, Davis Polk & Wardwell LLP
      Derek Soller, Baker McKenzie

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

      For more information about the Dispute Resolution Section, please contact Sydney Joy.

    • Upcoming Events and Committee Meetings

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

      COMMITTEE MEETINGS

      ADR in the Courts Committee 
      November 1, 2017
      December 6, 2017
      January 3, 2018
      March 7, 3018
      April 4, 2018
      May 2, 2018
      June 6, 2018
      Meetings are held every 1st Wednesday of the month.

      Arbitration Committee 
      October 19, 2017
      November 16, 2017
      December 14, 2017
      January 18, 2018
      February 14, 2018
      March 14, 2018
      April 19, 2018
      May 16, 2018
      June 13, 2018

      Diversity Committee
      November 10, 2017

      Executive Committee
      October 26, 2017 (in conjunction with the Fall Meeting)
      January 25, 2018 (in conjunction with the Annual Meeting)
      March 7, 2018
      May 9, 2018

      Mediation Committee
      November 13, 2017
      December 11, 2017
      January 8, 2018
      February 12, 2018
      March 12, 2018
      April 9, 2018
      May 14, 2018

      Negotiation Committee
      November 20, 2017
      December 18, 2017
      January 15, 2018
      February 20, 2018
      March 19, 2018
      April 16, 2018
      May 21, 2018
      June 18, 2018

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

      SAVE THE DATE

      Fall Meeting - October 26, 2017
      Annual Meeting - January 25, 2018
      3 Day Commercial Mediation Training - March 26-28, 2018
      3 Day Arbitration Training - June 18-20, 2018

    • Join the U.S. District Court for the Western District of New York for Settlement Week


      Join the U.S. District Court for the Western District of New York for "Settlement Week."

      Settlement Week is an attempt to review some of the older cases on the Court's docket. This program will run from October 30, 2017 - November 8, 2017 in Buffalo and then again from November 13 through November 22, 2017 in Rochester. Mediators from the Courts ADR Program will be assigned to mediate the cases selected for Settlement Week.

      For more details, click here


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

      SAVE THE DATE | MARCH 26-28, 2018 | 3-DAY COMMERCIAL MEDIATION TRAINING 

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

      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.

      More information and registration coming soon!

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

      SAVE THE DATE |  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

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

      More information and registration coming soon! 

  • 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>