CLE Programs Offered by the New York Law School Alternative Dispute Resolution Skills Program
The Program plans a series of one-hour courses for attorneys, ADR practitioners, alumni and students. Continuing Legal Education credit will be granted to participants. In addition, these courses are available to law departments, law firms, government agencies, and other organizations that wish to enhance the sophistication of their departments by bringing a Program instructor on-site. Those interested should contact the Program at firstname.lastname@example.org.
Negotiation 101: This 1-hour presentation introduces participants to the fundamental concepts of principled, interest-based negotiation. The course conveys skills and strategies that can elicit useful information from counterparties without revealing one’s own bottom line. It shows that there is a time to be collaborative and a time to be competitive in negotiating a deal that addresses all parties’ interests. Ethics credit available. [THIS PRESENTATION CAN BE MODIFIED AS A MULTI-SESSION COURSE]
Ethics in Negotiation: This presentation can be presented in a 1-hour or 2-hour course. It raises issues in everyday commercial negotiation that may implicate ethical considerations, particularly under Rules 4.1 and 1.2. Suitable for both younger and more experienced attorneys. Ethics credit available.
Mediation 101: This 1-hour presentation introduces participants to the fundamental concepts of facilitated negotiation. Emphasis is placed on the statutory, ethical and regulatory context of mediation. The goal of the course is to give advocates a much more nuanced understanding of what goes on in the process, how mediators approach problems, and how to get the best outcome for the client.
Representing Clients in Mediation: Lawyers receive formal training as counselors and as advocates, but few have been trained to represent clients in facilitated negotiation. What skills are called for to help your client get the most from a mediation? How do you know when what’s on the table is more valuable than the risks and costs of not accepting it? What is the mixture of collaboration, firmness, and flexibility that marks a sophisticated mediation advocate? Available as a 1-hour or 2-hour course.
Domestic Arbitration 101: This course, available in 1-hour or 2-hour modules, introduces participants to the statutory scheme set forth in the Federal Arbitration Act. It also provides an overview of Arbitration Rules promulgated by some of the leading providers of arbitration services in the United States and touches on current developments in Supreme Court jurisprudence in the field. [THIS PRESENTATION CAN BE MODIFIED AS A MULTI-SESSION COURSE]
International Arbitration 101: This course, available in 1-hour or 2-hour modules, introduces participants to the provisions of the New York Convention and the requirements to enforce or vacate awards rendered by international arbitral tribunals. It describes salient features of the arbitration rules of certain leading arbitration providers and notes procedural differences between American litigation and international arbitration.
Courses for Transactional Attorneys
Preserving the Value of the Deal: At Home: A 1-hour interactive presentation on drafting conflict management and dispute resolution clauses in domestic contracts. Participants will learn how to spot issues that counterparties might overlook, and to negotiate dispute resolution processes that add value to their clients and preserve the value of the deal.
Preserving the Value of the Deal: Away: A 1-hour presentation focusing on the challenges of drafting enforceable agreements that comply with the requirements of the New York Convention. Options will be presented that informed and sophisticated counsel will need to consider in order to ensure that the reps, warranties and other assurances of the deal can in fact be enforced in a jurisdiction in which the counterparty has assets.
Courses for Dispute Managers
Trends in Corporate ADR: Trial Down, Arbitration Down, Mediation Up: This presentation explains some of the findings of a recent survey of Fortune 1000 companies, noting trends away from arbitration and towards other forms of dispute resolution during the past 15 years. Emphasizing differences among industry sectors, the survey reveals disenchantment with traditional commercial arbitration and a more result-oriented, party-controlled practice in conflict resolution.
Designing Conflict Management Protocols: Whether in an employment context or in disputes involving vendors, customers, suppliers or regulatory agencies, enterprises of a certain size need to manage rather than merely react to legal and other kinds of disputes. This presentation conveys the principles of conflict management – as opposed to conflict resolution – and gives keys for more commercially rational and economically level-headed managerial approaches to disputes.
Managing Human Rights Disputes Between Companies and Communities: Often corporations acquire assets with an incomplete understanding of decades-long community resentments that are attached to the operations of the acquired business. New attention is being paid to “what works and what doesn’t” when companies are confronted with claims of human rights violations, often supported by NGO resources and clout. This 75-minute program includes an award-winning short film that documents real-world efforts by companies to engage in meaningful dialogue with indigenous communities effected by their operations.