Best Commercial Arbitration Practices
A review of best practices and practical suggestions for making your service as an arbitrator more cost effective and productive. Consideration of procedures designed to minimize problems with counsel and parties and to maximize efficiency and understanding of the core issues. Analysis of specific practice tips for use at the preliminary hearing, during discovery, regarding motion practice (if any), at the hearing, and in drafting the award. Reference to the College of Commercial Arbitrators' Protocols and Best Practices Guide.
Edna Sussman, College of Commercial Arbitrators, Scarsdale, NY
Tyrone Holt, College of Commercial Arbitrators, Denver, CO
Eugene Farber, Farber, Pappalardo & Carbonari, White Plains, NY
Healthcare Dispute Resolution: Innovative Approaches that Bring the CCA Protocols to Life
The growth in healthcare industry disputes has spurred calls for more efficient and appropriate dispute resolution approaches. A panel of healthcare neutrals, scholars and legal advisers to some of the nation’s largest healthcare industry constituencies explore the creation of new customized conflict management tools by stakeholders that define the College of Commercial Arbitrators’ Protocols for Expeditious, Cost-Effective Commercial Arbitration, allowing healthcare companies to resolve their disputes more efficiently while maintaining ongoing business relationships. The discussion examines innovative methods for resolving disputes between healthcare providers and payors as well as models for improving collaboration and communication between opposing sides in the wake of expanding healthcare industry reforms.
Michelle M. Skipper, American Arbitration Association, Charlotte, NC
Thomas J. Stipanowich, Straus Institute for Dispute Resolution - Pepperdine University School of Law, Malibu, CA
Craig H. Smith, Hogan Lovells, Miami, FL
Alan D. Lash, Lash & Goldberg, LLP, Miami, FL
Using Technology to More Effectively Manage Arbitration
Technology is changing the way business is conducted and can be used to manage arbitration more efficiently. This presentation will review techniques such as: online repository for the storage of common documents, electronic linking, bookmarks of exhibits, indexes and videotaped testimony; remote testimony using Skype/GoToMeeting or similar for all conferences which allows real time discussion and display. In addition we will look at search and retrieval of electronically stored information (ESI), special e-discovery masters, vendors and methodologies, discovery requests applicable to social media and the Cloud as well as how to address who pays for it all. Join us for a look into the evolving world of technology to find new ways of making arbitration more efficient.
Paul Burns, Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA
Mark Lassiter, The Lassiter Law Firm, Tempe, AZ
David Cox, American Arbitration Association, Phoenix, AZ
Getting Arbitration Back on Track
This program will look at arbitration from the various perspectives of plaintiffs prosecuting consumer claims, and corporations involved in contentious business-to-business disputes. How can the drafting of arbitration clauses respond to the different parties’ needs and requirements? And what creative devices can be used by arbitrators to facilitate a just balance between a streamlined cost-efficient process and the right to a full and fair hearing?
Linda DeBene, JAMS, San Francisco, CA
Harvey Kirsh, JAMS, Toronto, ON, Canada
Jay Edelson, Chicago, IL
Mercedes Bach, JAMS, Miami, FL
Arbitrator Judgement - Can Neuroscience and Psychology Help Us Improve?
Mediators have long followed new insights from neuroscience and the psychology of decision-making. What do these fields provide for arbitrators? Can they lead to better decisions? This panel will focus on information about cognition that has direct bearing on the arbitral process. We will explore bias and anchoring – and their impact on applying rules of evidence and damage analysis. We will discuss the arbitrator reactions to parties, counsel, and co-arbitrators. And we will explore the methods of discussion and cooperation among the panel members. Do we have a feeling about what is fair followed by justification or do we actually decide facts first?
Laura A. Kaster, Appropriate Dispute Solutions, Princeton, NJ
Edna Sussman, Edna Sussman, Esq, Scarsdale, NY
Harold Coleman, Jr., Harold Coleman, Jr., Ltd, San Diego, CA
Arbitration Law Update
This panel will discuss the most important arbitration issues of the past year. During this session Supreme Court rulings dealing with arbitration issues, as well as notable federal and state court decisions will be reviewed. Panelists will consider issues related to labor and employment, as well as give a legislative update.
Kristen Blankley, University of Nebraska Law College, Lincoln, NE
Maureen Weston, Pepperdine University School of Law, Malibu, CA
James Madison, Madison Mediation, Menlo Park, CA
Ariana Levinson, University of Louisville, Louis D. Brandeis School of Law, Louisville, KY
Herding Cats? The Case for Joined or Collective Arbitration
Arbitration is traditionally bi-lateral: Claimant versus Respondent. At the other end of the spectrum is class arbitration: representative Claimants versus Respondent. Between them is joined or collective arbitration, where multiple Claimants with common but separate agreements assert unified claims in their own names. Are joined or collective arbitrations proper? Do they run afoul of the expectations of one-on-one arbitration, including confidentiality and individual rights of neutral selection? On the other hand, do they preserve the benefits that class arbitration offers? How does this differ from consolidated arbitrations? And who decides if it is proper? The panel of arbitrators, including a federal judge with such experience, will discuss this cutting edge arbitration topic.
Stuart Widman, Miller Shakman & Beem, LLP, Chicago, IL
Peter Silverman, Shumaker, Loop & Kendrick, LLP, Toledo, OH
Richard Neville, JAMS, Inc., Chicago, IL
Joan Lefkow, Judge, Eastern Division USDC-Northern District of Illinois, Chicago, IL
What Clients Really Want From Their Arbitrators
Company dissatisfaction with domestic arbitration has been increasing. The Cornell/CPR/Pepperdine Fortune 1000 Survey comparing 1997 arbitration satisfaction and usage to 2010 practices shows a steep decline in use of arbitration across all types of commercial disputes. This panel of highly experienced in-house arbitration specialists from different industries will talk about the specific actions they want to see from the arbitrators they hire. Specific and direct recommendations about case management practices, discovery, scheduling, addressing conflicts, and many other aspects of concern will be addressed in detail. These company lawyers want arbitrators to understand exactly what will bring repeat business and increase their company satisfaction with arbitration. Rather than a typical panel talking about dissatisfaction, these arbitration specialists will provide the prescription for increasing use of arbitration.
Kathleen Bryan, CPR Institute, New York, NY
David Burt, DuPont, Wilmington, DE
Lester W. Scheifelbein, Jr., Lockheed Martin Corporation, Sunnyvale, CA
Patricia Connell, Ernst & Young, New York, NY
Vindicating Statutory Rights In Arbitration - Where Do We Stand Since Concepcion
The limitations on class arbitration in Concepcion are well known. But that decision has also called into question a core principle of arbitration. For over 20 years the Supreme Court has reaffirmed that for arbitration agreements to be enforceable they must permit the effective vindication of statutory rights. Recent lower court decisions relying on Concepcion, however, have cast doubt on this rule -- one which formed an important part of the Court’s analysis in the landmark Gilmer decision. This experienced panel will examine this important principle of arbitration law, explain how the leading arbitration administering organization is looking ahead in light of these new court rulings, and explore how these decisions will impact the future of arbitration.
Sarah Cole, Ohio State University College of Law, Columbus, OH
Bruce Meyerson, Bruce Meyerson PLLC, Phoenix, AZ
Eric Tuchmann, American Arbitration Association, New York, NY
Arbitration: We Are Your Panel and We Are Here to Help
Success in arbitration requires understanding the "rules of engagement" -- the strategy and tactics that advocates and arbitrators follow. This interactive panel of arbitrators, former state and federal trial and appellate judges and a highly experienced lawyer-arbitrator, will share perspectives, successful techniques and helpful tips. These tips will enable attendees to: draft arbitration clauses that will make the process more efficient and cost-effective; recognize and adopt ‘best practices’ at the Demand, Preliminary and Hearing Stages; structure case management orders that will move the case along on a reasonable, but efficient and cost-effective, schedule; present cases in a manner that will focus the attention of, and not alienate, the panel; make and preserve your record; fashion closing arguments and briefs designed to persuade the panel.
Richard Levie, JAMS, Washington, DC
Ricardo Urbina, JAMS, Washington, DC
Thomas Phillips, Baker Botts L.L.P., Austin, TX
Julia Nowicki, Cook County Circuit Court, Chicago, IL
Evan Karnes II, Karnes Law Chtd., Chicago, IL
Difficult Issues for Arbitrators
This interactive program will address a series of new hypothetical scenarios arising during the pre-hearing, hearing and post hearing phases of arbitrations. Some scenarios are not covered by arbitration law or rules. The problems will challenge, engage and inform the audience and prepare arbitrators for difficult situations. This program is a sequel to the 2012 Spring Conference program of the same title.
Richard Chernick, JAMS, Los Angeles, CA
William Fitzgerald, American Arbitration Association, Los Angeles, CA
Abigail Pessen, New York, NY
Your Worst Nightmare: Arbitrating a Case with a Poor ADR Clause
Those of us who have been arbitrating for a while can write a good ADR clause in our sleep. But how do you arbitrate a case when you are handed an arbitration with a poorly-drafted arbitration clause? Join this interactive program to learn from experienced arbitrators and arbitration service providers the dos and don’ts of arbitrating under difficult, ambiguous or challenging parameters.
Maureen Beyers, Osborn Maledon PA, Phoenix, AZ
David Cox, American Arbitration Association, Phoenix, AZ
Tamra Moore Facciola, Arizona State University School of Law, Tempe, AZ
International and U.S. Arbitration from a Business Perspective: Importance of the Arbitration Clause
This presentation willl promote the use of arbitration by business to resolve disputes. It will relate why in today's global economy involving diverse cultures, in addition to arbitration's attractiveness as being a flexible, cost effective process, arbitration is best-suited to resolve disputes. International and U.S. arbitration experiences will be shared to demonstrate how a business-minded arbitration clause will result in a better managed dispute resolution process that provides value to business unmatched by the public court system. The inclusion of the Lessons Learned into the all-important arbitration clause will make arbitration more attractive to business for resolving disputes.
Gerry DeNotto, DeNotto ADR Services, Mount Prospect, IL
The Court of Arbitration for Sport's Decisions Related to the Recent Olympics
This session will discuss the issues heard by the Court of Arbitration of Sport (CAS) relating to the London 2012 Olympic Games. Specifically, we will be discussing the precedential value of these decisions including important cases related to doping and their impact on the arbitrator's role to create law. These cases allowed athletes with past doping offenses to compete in the Olympics and have inspired actors in the Olympic world to revise the World Anti-Doping Code. There will also be discussion of cases heard by the CAS Ad-Hoc Division, which was on-site during the games. The presenter will briefly touch on the issues but hopes to have a discussion with the members of the audience about their opinions.
Daniel Gandert, Northwestern University School of Law, Chicago, IL
Teaching and Writing About "Fixing" the FAA
(Legal Educators’ Colloquium Program)
The U.S. Supreme Court’s recent Federal Arbitration Act decisions on such controversial issues as class arbitration and enforcing pre-dispute arbitration agreements -- embraced by some and criticized by others -- have ignited a robust debate about the future of arbitration law. They have also inspired proposals in Congress and the academy to amend the FAA or regulate arbitration through other statutory or regulatory means. The panel will discuss these recent proposals and ways that law professors can integrate them into how they teach arbitration or ADR survey courses
Ronald Aronovsky, Southwestern Law School, Los Angeles, CA
Sarah Cole, The Ohio State University, Moritz College of Law, Columbus, OH
Jean Sternlight, University of Nevada Las Vegas, William S. Boyd School of Law, Las Vegas, NV
Stephen Ware, University of Kansas School of Law, Lawrence, KS