NYSBA Annual Meeting & Expo 2020
JANUARY 27–31 | NEW YORK HILTON MIDTOWN
DISPUTE RESOLUTION SECTION SCHEDULE
Date: Thursday, January 30, 2020
Luncheon: 12:00 p.m. - 1:30 p.m. | Off-site @ Paul, Weiss, Rifkind, Wharton & Garrison LLP | 1285 6th Ave, New York, NY 10019
Reception: 6:00 p.m. - 7:30 p.m. | Off-site @ White & Case LLP | 1221 Avenue of the Americas, New York, NY 10020
Meeting Program: 2:00 p.m. - 6:00 p.m. | Regent, 2nd Floor | 4.0 MCLE Credits
[This program is transitional and is suitable for all attorneys including those newly admitted.]
2:00 p.m. – 2:10 p.m. Welcome and Introduction
Chair: Theodore K. Cheng, Esq., ADR Office of Theo Cheng, Princeton Junction, NJ
2:10 p.m. – 3:00 p.m. Drafting Effective and Enforceable Mediation and Arbitration Clauses (1.0 Credit in Skills)
A well-drafted and enforceable mediation or arbitration clause is the foundation of an effective dispute resolution process. New and experienced arbitrators and mediators as well as ADR advocates will be reminded of the importance of such clauses and how to properly draft them to avoid enforceability concerns. There will be a discussion on the elements of the well-drafted mediation and arbitration clause to include what customizations are essential (ex. time, cost, scope of discovery, governing law and venue, administered or ad hoc, panel composition, etc.); and best practice guidance on what to avoid.
Panelists: Leslie A. Berkoff, Esq., Moritt Hock & Hamroff LLP, Garden City, NY; Edna Sussman, Esq., Sussman ADR LLC, Scarsdale, NY; Sven M. Volkmer, Esq., White & Case LLP, New York, NY
Moderator: Siddharth Bahl, Esq., McElroy, Deutsch, Mulvaney & Carpenter LLP, Rochester, NY
3:00 p.m. - 3:10 p.m. Break
3:10 p.m. – 4:00 p.m. Tactics for Negotiating and Dealing with Difficult People in Mediation: Using your EQ (1.0 Credit in Areas of Professional Practice)
This session will discuss strategies in dealing with the human aspect of mediation. People can seem difficult because they are misunderstood, or they are just difficult. When faced with this challenge, it is often helpful to understand the diversity, gender, religion, cultural, intellectual, psychological beliefs, and perspectives. Knowing how to identify, understand, and navigate through this can help ease the difficulty and secure a resolution or clearly unveil the reality that there will be no resolution today, saving time, money and further injury.
Panelists: James G. Ryan, Esq., Cullen and Dykman LLP, Garden City, NY; Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution and Management Services, Inc., Thornwood, NY; Dan M. Weitz, Esq., NYS Unified Court System, New York, NY
Moderator: Maria Hanford, Esq., Hanford Law Group, P.C. & Hanford ADR, New York, NY
4:00 p.m. - 4:10 p.m. Break
4:10 p.m. – 5:00 p.m. Where’s the Seat? How to Identify the Proper Law of the Arbitration Agreement: Domestic and Abroad (1.0 Credit in Skills)
Panelists in this session will discuss the seat of arbitration and how it is a critical facet of any arbitration proceeding. Those arbitrators and advocates who practice in either the international or domestic arena will benefit from understanding the importance of what may appear to be an innocuous element of the arbitration clause. Often it is mistakenly assumed that the seat is where an institution is based, or where the hearing will be held. Participants in this session will learn how to properly choose or identify the Seat that meets the parties’ goals and interests, e.g. knowing which courts have supervisory power over the arbitration proceeding and how much power they have; knowing where the judiciary experience and neutrality lies, understanding how the choice of the seat affects enforceability, and knowing its effects on arbitrator availability. These are just a few of the considerations for choosing the seat. Panelists also will define or explain different and interchangeable terms such as situs, host state, the extent of severability as well as implied and express choice.
Panelists: Ati Alipour, Esq., United Nations Development Programme, New York, NY; Dante Figueroa, Esq., Transnational Dispute Management, Washington, D.C.; Lisa D. Love, Esq., Love and Long, LLP, Newark, NJ
Moderator: Joan D. Hogarth, Esq., Law Office of Joan D. Hogarth, New York, NY
5:00 p.m. - 5:10 p.m. Break
5:10 p.m. – 6:00 p.m. Presumptive ADR in New York State Courts: Where Things Stand and What Practitioners Should Know (1.0 Credit in Areas of Professional Practice)
The session is geared for both the resistors and those who are participating in the State Court’s process. The objective is to give a brief tutorial for those who have little or no knowledge of the general rules that have been developed by the Court for the Presumptive ADR program. The panel will also to bring the attendees up to date with State’s program - what has worked and opportunities for improvement.
Panelists: Hon. Paula Feroleto, Administrative Judge of the Eighth Judicial District, Buffalo, NY; Hon. "John" Zhou Wang, New York City Civil Court, New York, NY; Lisa M. Denig, Esq., NYS Office of Court Administration, New York, NY
Moderator: Bart J. Eagle, Esq., Law Offices of Bart J. Eagle, PLLC, New York, NY
Section Chair: Theodore K. Cheng, Esq. | ADR Office of Theo Cheng | Princeton Junction, NJ
Program Chairs: Siddharth Bahl, Esq., McElroy, Deutsch, Mulvaney & Carpenter LLP, Rochester, NY; Maria Hanford, Esq., Hanford Law Group, P.C. & Hanford ADR, New York, NY; Joan D. Hogarth, Esq., Law Office of Joan D. Hogarth, New York, NY