We are proud to announce the James F. Henry Speaker Series. Offered in conjunction with the International Institute for Conflict Prevention and Resolution (formerly CPR Institute), the series honors James F. Henry, founder and first president of CPR. All events are open to the public, and offer 1.5 Continuing Legal Education credits. Refreshments are served starting at 5:00 pm. The program is offered 5:30 – 6:50 pm, followed by a wine-and-cheese reception and networking opportunity with the speakers.
International Commercial Dispute Resolution “Boot Camp”
In conjunction with the AAA/ICDR, this intensive 2-1/2 day program offers the fundamentals of drafting and enforcing cross-border commercial deals, taught by some of the most sophisticated practitioners in Europe.
Cutting Edge Topics in Commercial Arbitration. On April 11, 2018, Jeff Zaino, Senior Vice President of the American Arbitration Association, returned with an expert panel to address cutting edge issues that all commercial arbitrators need to be aware of. Speakers included Steven C. Bennett, Park Jensen Bennett LLP; Richard Mattiaccio, FCIArb; Steven Skulnik, Independent Arbitrator; Richard H. Silberberg, Dorsey & Whitney LLP; Rosemary A. Townley, Independent Arbitrator; and Conna Weiner, Independent Arbitrator. Three topics were addressed: whether independent research by an arbitrator constitutes grounds for vacatur; the role of the arbitrator in fostering efficient resolution of a dispute; and arbitrators’ assisting with settlement. To view a video of the event, click here.
Fourth Annual Symposium, Diversity in ADR. This special event on Wednesday January 17, 2018, explored the reasons why, in a diverse economy driven by diverse participants, the practice of arbitration and mediation has been persistently homogeneous. Faculty included Paulette Brown, Locke Lord LLP, Past President, American Bar Association; Prof. Ben Davis, University of Toledo, Chair, ABA Section of Dispute Resolution; Deborah Enix-Ross, Debevoise & Plimpton, Chair, ABA House of Delegates; William Johnston, Young Conaway Stargatt & Taylor, Past Chair, ABA Business Law Section; James A. Tricarico, former General Counsel Edward Jones; and Prof. Thomas J. Stipanowich, Straus Institute, Pepperdine University School of Law.
“Built to Last” — Creating Enduring Commercial Relationships. On Wednesday November 15, 2017, a panel hosted by President and CEO of the International Institute for Conflict Prevention and Resolution (“CPR”), Noah Hanft explored how a commercial relationship can be structured so as to limit conflict and optimize its likelihood of success, and the important role transactional lawyers can – and must — play in this process. Speakers included Prof. Joan Stearns Johnsen, University of Florida, Levin College of Law and Greg Gallopoulos, Senior Vice President, General Counsel and Secretary, General Dynamics Corporation. A video of the program is available here.
“The Lawyer as Facilitator.” On Thursday, October 19, 2017, a program was offered on skills of facilitation. In public discourse about essential matters of civic concern, we talk to each other with more skill than we listen to each other. In this session, Professor Bordone and Danielle Bart shared a new initiative at the Harvard Negotiation & Mediation Clinical Program investigating the role of lawyers in facilitating dialogue among communities to increase understanding, resolve a dilemma, or re-build trust. They discussed the purpose of the initiative, why it matters for law school students at this point in U.S. history, and some of the activities and teaching tools the initiative has created so far. A video of the program is available here.
“Transforming Justice, Lawyers, and the Practice of Law.” On Wednesday, September 6, 2017, Touro College Law Center Professor Marjorie Silver hosted a panel of contributors to her new and much discussed volume published by the Carolina Academic Press and challenging the very premises of adversarial client representation. The panel discussion addressed the abundant ways in which lawyers, judges, law professors and others are employing more communitarian, peaceful and healing ways to resolve conflicts and achieve justice. A video of the program is available here.
“International ADR Boot Camp” New York Law School teamed up with the International Centre for Dispute Resolution to offer 17.5 hours of CLE credits in two days at the Institute for Advanced Legal Studies in London, England. A variety of experts covered such topics as the practice of mediation and arbitration in the UK, Europe and China, and how to protect the value of cross-border deals by informed negotiation of dispute resolution agreements in contracts.
“Early Conflict Intervention Within NYC Agencies – UPDATE.” On April 18, 2017, Judge Raymond Kramer and his colleagues from several municipal agencies offered an update on New York City’s Center for Creative Conflict Resolution, which offers early intervention workplace conflict mediation and conflict resolution services to all City agencies and employees in an effort to improve workplace comity and effectiveness and avoid costly, adversarial, and time and resource intensive administrative proceedings.
“Hot Topics in Arbitration Law and Practice” On Wednesday, March 15, 2017, a panel of experienced counsel, assembled and moderated by Jeff Zaino, Vice President of the American Arbitration Association, wrestled with some of the most challenging topics of ever-changing arbitration law and practice. Audience members posed issues of their own to the panel of experts, resulting in a stimulating exchange. A video of the event is available here.
“Third Annual Symposium: Diversity in ADR” On Wednesday, January 24, 2017, as part of a unique partnership with the ABA Business Law Section, New York Law School convened the leadership of the American ADR community to address the continuing challenge of making pools of mediators and arbitrators more closely resemble the diverse population they serve. The School acknowledges the support of FINRA, JAMS and the American Arbitration Association in making the Symposium possible.
A panel of corporate consumers of ADR services made the business case for diversity in ADR services. Panelists included representatives from DuPont Company, AIG, Avis Budget Group, and GE Oil and Gas, moderated by Bill Johnston, Chair of the ABA Business Law Section. A video of that panel is available here.
A group of scholars and commentators offered observations on the state of the current market, as reflected in the frequency of selection of diverse arbitrators and mediators in commercial matters. A video of that panel is available here.
Finally, the CEOs of JAMS, AAA and CPR discussed institutional responsibilities, and the challenges of meeting — or even influencing — market demand. A video of that panel is available here.
“Regulating Consumer Arbitration: Good, Bad or Complicated?” On Wednesday, November 16, 2016, practitioners of arbitration and consumer redress were brought up to date on the rules promulgated by the Consumer Financial Protection Bureau, and the policies informing them. A video of the event is available here.
“Dispute Resolution in Sports” On Wednesday October 5, 2016, a panel of experts explains the Court of Arbitration in Sport, the World Anti-Doping Agency, domestic collective bargaining arbitration, and other sports-related conflict resolution processes. A video of the event is available here.
“Introduction to International Mediation and Arbitration” On Wednesday, September 14, 2016, a program was offered for lawyers accustomed to domestic deals, whose clients are increasingly doing business across borders. Data was present from the New York Global Pound Conference, which had been held on September 12, and information was offered on the New York International Arbitration Center. A video of the event is available here.
“Early Intervention in Municipal Workplace Disputes” On April 14, 2016, Judge Raymond Kramer of the Office of Administrative Trials and Hearings (OATH) joined his colleagues from several municipal agencies to explain and discuss a new initiative offering early intervention workplace conflict mediation and conflict resolution services to all City agencies and employees in an effort to improve workplace comity and effectiveness and avoid costly, adversarial, and time and resource intensive administrative proceedings.
“Ethics for Negotiators, Ethics for Mediators” On March 30, 2016, NYLS ADR Skills Program Director F. Peter Phillips joined Alan Pralgever of Greenbaum Rowe Smith & Davis LLP for an engaging discussion of lawyers’ ethical obligations to third parties in negotiation, and mediators’ ethical obligations to the parties and to the profession. A video of the program may be viewed here.
“Student-Initiated Conflict Resolution in NYC Public Schools” On February 24, 2016, Charlene Bryant, former Director of Peer Mediation for the NYC Commission on Human Rights, joined Glen Parker of New York Peace Institute and a group of student mediators from M.S. 582 in Bushwick to offer a glimpse of what going to public school is really like, and how stdents, teachers and administrators are trying to make it better.
“Second Annual ABA/NYLS Symposium on “ADR and the Young Lawyer” A half-day of inspiring speakers, good food, and networking with the best in the business took place on January 29, 2016. The following speakers and panels were offered:
The 50-minute panel on judges’ expectations of young lawyers, featuring Hon. Jeffrey Jablonski, U.S. Magistrate Judge Peggy Kuo, former Vice Chancellor Donald Parsons, U.S. Bankruptcy Judge Elizabeth Stong, and U.S District Court Judge Gregory Woods, can be viewed here.
The 50-minute panel on training young lawyers to address the problems confronting tomorrow’s clients, featuring Anthony Crowell, Brian Farkas, Kris L. Franklin, William D. Johnston, and Stephen P. Younger can be viewed here.
“How Mediators Think” Even in a saturated market, there is always room for the best. Shelley Rossoff Olsen and Lorraine Brennan of JAMS shared tips on handling overbearing counsel, coaching business-oriented parties, breaking impasse, and keeping your ethical bearings. A video of the event is available for viewing here.
“Family and Community Conflict Resolution: Teaching, Training and Practice” Mediation and other methods of conflict resolution are most pervasive — and arguably have the most social impact — within families, communities and schools. Yet the broad ADR community of scholars and practitioners sometimes overlooks the extent of this activity, and the challenges that teachers and trainers in the field confront. Antoinette Delruelle of the New York Legal Assistance Group joined Prof. Robert Collins of Cardozo School of Law to discuss community, family and school conflict resolution advocacy. A video of the event is available for viewing here.
“Managing and Resolving Disputes Over the Internet: Now Entering the Mainstream” Electronic communications have not only permitted more efficient filing and management of claims – they have prompted innovation in the processes by which claims are actually resolved, and enfranchised millions of consumers by enabling the satisfaction of low-value, high-volume claims arising from Paypal, E-Bay, credit card accounts, and other multi-jurisdictional e-commerce transactions. Colin Rule, COO of Modria, and Dean Leslie, Court Attorney with the New York State Supreme Court Law Department, explain trends that are re-shaping our legal practice, our economy, and our society. Registration details to come. A video of the event is available for viewing here.
“Mediation and the United Nations” Roxaneh Bazergan, Team Leader of the Support Unit for the United Nations Department of Political Affairs, explained the role of mediation in inter-cultural and transnational conflicts, including those bordering on violence.
“Court-Annexed Mediation” A definitive panel addressed the objectives, operations, metrics and outcomes of mediations that take place pursuant to court order. Speakers included Robert Margulies of Margulies Wind; Daniel Weitz of the ADR Program of the New York State Unified Court System; Rebecca Price, Mediation Supervisor for the U.S. District Court for the Southern District of New York; and Dean W.M. Leslie of the New York State Supreme Court Law Department. A video of the event is available for viewing here.
“First Annual ABA/NYLS Symposium on ADR and the Young Lawyer” A special half-day symposium on the opportunities facing young attorneys to advance their developing practice through competencies in negotiation, mediation and arbitration. A jointly sponsored event of New York Law School and the ABA Business Law Section. The Keynote Speaker was Paulette Brown, President-Elect of the American Bar Association. Ms. Brown’s comments may be viewed here.
Other Symposium topics included:
Transactional Representation: Opportunities for Young Lawyers to Close the Deal (view here);
Career Paths in ADR: Mediation and Arbitration as Professions (view here);
Hot ADR Practice Areas for Young Attorneys: Sports, Entertainment, International, and Securities (view here).
“Planned Early Intervention: Skills for In-House Litigation Managers” Roland Schroeder, Senior Counsel, Litigation and Policy for General Electric Company, joined a panel of experienced litigation managers including Paul Lurie of Schiff Hardin and Peter Benner of PWB Resolve to examine how early intervention in business conflicts can yield faster, cheaper and better results. Moderated by Noah Hanft, President of the International Institute for Conflict Prevention and Resolution (CPR). A video of the event may be seen here.
“Calling All Deal Lawyers” James Freund moderated a panel including Richard Hall, Richard Lutringerand Joan Stearns Johnsen on why deal lawyers may be better suited to resolve business disputes than litigators are. A video of the event may be seen here.
“General Counsel Roundtable” James Tricarico ’77, General Counsel to Edward Jones in St. Louis, Missouri, was joined by corporate counsel colleagues in an informal discussion of the challenges and opportunities of business-to-business disputes, from the perspective of the corporate client.
“Resolving Cross-Border Commercial Disputes Through Mediation: Challenges to Quality” A group of in-house counsel who serve on the Board of the International Mediation Institute discussed their experiences and learnings from seeking non-judicial resolution of disputes with companies in jurisdictions outside the United States. Representatives from Shell, Orange, Singapore Mediation Institute, and others spoke and entertained probing questions. A video of the event may be seen here.
“Current Trends on Commercial Litigation and Its Alternatives” Delaware Vice Chancellor Donald F. Parsons offered observations on recent trends in matters before the Delaware Court of Chancery, and discussed that Court’s arbitration program, which was recently struck down by the Third Circuit, casting doubt on the ability of courts to fashion alternatives to litigation.
“Mediating Human Rights Disputes in an International Context” Caroline Rees, President of Shift Project and former lead adviser to the Special Representative of the UN Secretary General on Business and Human Rights, offered a distillation of the work of the Special Representative and the challenges that international companies face when operating in environments where human rights violations may be alleged. She showed a short film of a case study in which mediation was used to spark dialogue and reparation of a generations-old dispute involving indigenous people in rural Philippines. The films and other related resources are available here.