Dispute Resolution Section

Dispute Resolution Section

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

COMMITTEE MEETINGS

ADR in the Courts Committee  
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 -- POSTPONED until June 15
Meetings are held every 1st Wednesday of the month. 

Arbitration Committee  
June 13, 2018 

Diversity Committee 
TBD

Ethics Committee
May 29, 2018 - Speaker - Hon. Ariel Belen (ret'd), JAMS, Presenting Ethics Issues I have encountered in Mediation

Executive Committee 
June 6, 2018
July 10, 2018
August 15, 2018
September 12, 2018
October 22, 2018
November 14, 2018
December 12, 2018

Mediation Committee
TBD

Negotiation Committee
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

Advanced Mediation Training - June 12-13, 2018
Advantages of Mediation in Resolving Wills, Trusts, Estates, and Adult Guardianship Matters - June 14, 2018
3 Day Arbitration Training - June 18-20, 2018 

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. 

Advanced Commercial Mediation Training

June 12-13, 2018
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


REGISTER NOW



 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.

REGISTER NOW



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

For information about joining the Dispute Resolution Section, please contact Sydney Joy, Section Liaison at sjoy@nysba.org.

If you have questions about this program, please contact Katherine Suchocki, Director of Continuing Legal Education at ksuchocki@nysba.org

Advantages of Mediation in Resolving Wills, Trusts, Estates and Adult Guardianship Matters

CLE Program

Thursday, June 14, 2018 | 9:00 a.m. - 1:00 p.m.
Pace Law School | 78 North Broadway | White Plains, NY

4.0 MCLE Credits (2.0 areas of professional practice, 2.0 skills)

Sponsored by the Dispute Resolution Section, the Trusts and Estates Law Section and the Elder Law and Special Needs Section of the New York State Bar Association and the Westchester County Bar Association ADR Commitee


Registration Fees

$50 for NYSBA Dispute Resolution, Trusts & Estates Law Section  and Elder Law and Special Needs Section Members and the Westchester County Bar Association ADR Committee Members
$75 NYSBA Members | $175 Non-Members
$15 Law Students

REGISTER NOW


Topics include:

How Mediation Differs from Adversarial Proceedings - Benefits of the Mediation Process

What Behavioral Economics Can Teach Us about Successful Court-Annexed Mediation

Westchester County Surrogate’s Court Mediation Program

Role Play 1: Sibling Estate Dispute after Death of Mother

What Types of Disputes are More Amenable to Mediation

A Discussion Among Trusts, Estates and Guardianship Attorneys and the Court

Role Play 2: Possible Guardianship Proceeding

Round Table: Summations from the Speakers

Feedback on Role Plays and Questions from Audience                            


Dispute Resolution Section Chair
Daniel F. Kolb, Esq.
David Polk & Wardwell
New York, NY

Program Chairs
Robert D. Steele, Esq.
Schwartz Sladkus Reich Greenberg Atlas LLP
New York, NY 

Leona Beane, Esq.
Mediator & Arbitrator
New York, NY  


View Program Agenda

View Program Faculty 


Registration Fees

$50 for NYSBA Dispute Resolution, Trusts & Estates Law Section  and Elder Law and Special Needs Section Members and the Westchester County Bar Association ADR Committee Members
$75 NYSBA Members | $175 Non-Members
$15 Law Students

REGISTER NOW


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

For information about joining the Dispute Resolution Section, please contact Sydney Joy, Section Liaison at sjoy@nysba.org.

If you have questions about this program, please contact Katherine Suchocki, Director of Continuing Legal Education at ksuchocki@nysba.org

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 25.0 MCLE Credits | 1.5 Diversity, Inclusion and Elimination of Bias, 4.0 credits in Ethics, 9.5 credits in Professional Practice, and 10 credits in Skills

Cost:
DR Section Members and Cardozo Alumni Fee: $795.00
Non DR Section Member Fee: $845.00
Non NYSBA Member Fee: $945.00

View the program brochure

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

ADR in the Courts & Mediation Committee Meeting Recap On April 4th, the ADR in the Courts and Mediation committees held a joint dinner meeting at Davis Polk.  The guest speaker was Prof. Donna Shestowsky of UC Davis Law

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


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

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

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>