Dispute Resolution Section

Dispute Resolution Section

DRS DIVERSITY SCHOLARSHIP & MENTORSHIP PROGRAM

We are pleased to announce the Dispute Resolution Section Diversity Scholarship Program and Mentorship Program are accepting applications!

Scholarship Applications: Due January 19
Apply for one of a maximum of 5 mediation training scholarships and 5 arbitration training scholarships award each year to encourage greater opportunities for minorities and women in the field of dispute resolution. Click here for the Mediation Training application and here for the Arbitration Training application.

Our Section training dates are as follows:
3-Day Commercial Mediation Training - March 17-19 (click here to register)
2-Day Advanced Mediation Training - to be announced
3-Day Commercial Arbitration Training - June 15-17 (click here to register)
Please note the scholarships can be applied to these and other training programs in NY State.

Mentorship Applications: Due February 1
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. Click here for the application.

For more information about these programs click on the links below:
http://www.nysba.org/DRSDiversityScholarships/
http://www.nysba.org/DRSMentorship/

If you have any questions, contact Lara Nowicki at [email protected].

ALTERNATIVE DISPUTE RESOLUTION LAW STUDENT WRITING COMPETITION NATIONAL CHAMPIONSHIP 

Sponsored by the Dispute Resolution Section of the New York State Bar Association (NYSBA) and the American College of Civil Trial Mediators (ACCTM)

The purpose of this competition is to heighten interest in, and competence related to, student writing on the subject of Alternate Dispute Resolution. Aside from the $10,000 cash grand prize, and $1,000 prize for best NY paper, winning entries may be published in NYSBA’s New York Dispute Resolution Lawyer publication and/or the American Journal of Mediation. Papers initially prepared for class, journals, etc. are eligible for submission.

Details: There aren’t strict page count guidelines, however 15-30 pages, double-spaced is recommended.

Email papers to: [email protected] (any questions and inquiries can be sent here as well.)

Submission Deadline: June 1, 2020 

Click here to view the flyer. 

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

COMMITTEE MEETINGS

Arbitration Committee   

Diversity Committee  

Ethics Committee 
The Ethics Committee meets the second Tuesday of the month 

Executive Committee  
January 30, 2020 
February 11, 2020 
March 5, 2020 
April 14, 2020 
May 21, 2020 

Mediation Committee 
January 13, 2020 
February 10, 2020 
March 9, 2020 
April 13, 2020 
May 11, 2020 
June 8, 2020 

Negotiation Committee 

To RSVP to any of these Committee meetings, please contact Lara Nowicki.

*DISPUTE RESOLUTION LUNCH - OFF-SITE

Thursday, January 30, 2020
12:00 PM - 1:30 PM
Off site: Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of Americas
#nysba20

Register for the 2020 Annual Meeting Here or Download the Registration Form Here.

Be sure to select the Dispute Resolution Luncheon on your registration form.

DISPUTE RESOLUTION SECTION MEETING

Thursday, January 30, 2020
2:00 PM - 6:00 PM
Regent, 2nd Floor
#nysba20

REGISTER FOR THE 2020 ANNUAL MEETING HERE OR DOWNLOAD THE REGISTRATION FORM HERE.


VIEW THE AGENDA HERE.

*DISPUTE RESOLUTION OFF-SITE RECEPTION

Thursday, January 30, 2020
6:00 PM - 7:30 PM
#nysba20

REGISTER FOR THE 2020 ANNUAL MEETING HERE OR DOWNLOAD THE REGISTRATION FORM HERE.


Be sure to select the Dispute Resolution Section Reception when you register.

Join us from 6:00 p.m. - 7:30 p.m.

White & Case LLP | 1221 Avenue of the Americas

DISPUTE RESOLUTION SECTION AND FORDHAM UNIVERSITY SCHOOL OF LAW

3-DAY COMMERCIAL MEDIATION TRAINING

March 17-19, 2020 

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

View Program Brochure 

REGISTER NOW

Rates:
$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.  
*Hard copies of materials can be purchased for $25. 

CLE Credits: 
Earn up to 24 credit hours: 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 

REGISTER NOW

For additional information contact Lara Nowicki, Section Liaison, at 518-487-5669 or by email at   l[email protected]

Tuition Assistance: Any New York attorney who has a genuine financial hardship may apply for tuition assistance for a CLE program. Learn more at www.nysba.org/TuitionAssistance.

SECOND ANNUAL MEDIATION TOURNAMENT

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

March 20-21, 2020 

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

Cash Prizes totaling $6,000.00 
1st Place Team - $2,000.00 
2nd Place Team - $1,250.00 
3rd Place Team - $750.00 
Mediation Advocate Award - $1,000.00 
Best Brief - $1,000.00 


Open to students from all law schools in New York State and the New York Metropolitan Area. 
Registration Fee:  $150.00 

Please send checks to:
New York State Bar Association
attn: Lara Nowicki
1 Elk Street
Albany, NY 12207

More information will circulate in the coming months. For information, please contact Lara Nowicki, Dispute Resolution Section Liaison. 

REGISTER NOW

BUSINESS ARBITRATION MEDIATION & MEDIATION 2020 

Co-Sponsored by the Commercial and Federal Litigation Section, the Dispute Resolution Section and the Committee on Continuing Legal Education.

Monday, March 30, 2020
CLE Program - 9:00 a.m. – 5:30 p.m.
Reception - 5:30 p.m. – 7:00 p.m.

Fordham Law School
150 West 62nd Street (Between Amsterdam & Columbus Avenues) 
New York, NY 10023

7.0 MCLE Credits: 1.5 Skills, 4.0 Areas of Professional Practice; 1.5 Ethics

REGISTER NOW

3-DAY COMMERCIAL ARBITRATION TRAINING 

June 15-17, 2020

Benjamin N. Cardozo School of Law
55 Fifth Avenue
New York, NY  10003
 

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 Lara Nowicki at [email protected].

Tuition Assistance: Any New York attorney who has a genuine financial hardship may apply for tuition assistance for a CLE program. Learn more at www.nysba.org/TuitionAssistance.


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 Lara Nowicki.

To learn more about the Dispute Resolution Section, please contact Lara Nowicki.

The Litigative DNA: The Underutilization of Mediation in NY

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

PURCHASE TODAY!

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


CONGRATULATIONS TO THE WINNERS OF THE DRS & ACCTM NATIONAL CHAMPIONSHIP, ALTERNATIVE DISPUTE RESOLUTION LAW STUDENT WRITING COMPETITION!

Marsha Levinson, of Santa Clara University School of Law, won the National Championship prize of $10,000. Her article is titled: “Mandatory Arbitration: How the Current System Perpetuates Sexual Harassment in the Workplace.” Click here to read her paper. 

Rachel Schwartzman, of Benjamin N. Cardozo School of Law, won the prize for the Best New York Paper. Her article is titled: “Using Final Offer Arbitration to Settle Divorces: An Analysis.” Click here to read her paper.

Click here to read the NYSBA News Release

Click here for submission information for the 2020 Writing Competition!

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 [email protected].

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

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.

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