Audio

Sound Advice

Preparing For Your First Arbitration Pre-Hearing
By Joan Stearns Johnsen
Arbitration advocacy is the same as litigation advocacy and completely different. The Pre-Hearing Conference is the first opportunity to interact with your panel. Here are some tips so that even if it is your first arbitration pre-hearing conference, the panel will not know it. (3:24 min)

Should You Take Discovery Before Mediating?
By Joan Stearns Johnsen
How much is enough? The earlier you mediate the greater the savings for your client. How can you take just enough so your settlement is rational and your client is happy. (2:35 min)

Becoming a Dispute Resolution Counselor for Your Client's Business Agreements
By Conna Weiner
This Sound Advice will provide valuable tips for how to use ADR skills to resolve disputes in business agreements.

Introducing the Equal Representation in Arbitration Pledge
By Harout J. Samra and Noiana Marigo
The Equal Representation in Arbitration Pledge is an unprecedented movement directed at improving diversity among arbitrator appointments that has taken the arbitration world by fire. In addition to the ABA's Sections of Litigation and Dispute Resolution, hundreds of organizations around the world have signed. This Sound Advice podcast will explore what the Pledge is, how it came into being, and how you can be a part of it. (09:21 min)

Integral Part Exception and Compelling Arbitration
By Stuart M. Boyarsky
Boyarsky talks on the integral part exception to section 5 of the FAA, including a discussion of the December 2015 cert petition in Golden Living Center v. Wert. (9:22 min)

Expected Impact of the Trans-Pacific Partnership
By Harout Samra
Listen as Harout Samra discusses the recent and surprising developments with regard to the T.T.P. and the sweeping changes in how investors state disputes are going to be resolved. (7:34 min)

Opportunities Through Paradoxes
By Bernie Mayer
Too often people view conflict as an either-or proposition. Professor and author Bernie Mayer describes seven key polarities that can all lead to conflict resolution—not simply a "winner" and a "loser." (11:24 min)

Jury Verdict Surveys
Longtime litigator and expert witness Bruce Rubin shares why using survey results of comparable settlement cases is not always the best way to determine the numbers.

Arbitration and Mediation in Securities and Commodities Cases
As fewer cases go to trial, more lawyers are developing their skills of ADR.  Louis Burke explains how securities and commodition

Unilateral Arbitration Provisions
Though arbitration agreements are now fairly common, unilateral arbitration provisions are not.  Listen to Neal Eiseman explain the difference and how, if possible, to obtain an unilateral arbitration agreement for your clients.

Arbitration Panels: Choose Wisely!
Bound to arbitrate?  Before you begin, listen to Rob Remington, 22 year veteran of numerous arbitrations and mediations, and a partner at the Cleveland firm of Hahn Loeser and Parks, LLP, review the risks and benefits of sole vs. panel arbitrations, the value of expanded arbitrator discovery, and the strict rules for arbitration appeals.

Lawyering with Planned Early Negotiations
Hear law professor and author John Lande outline the advantages of working closely with opposing counsel––before and during a trial.  Despite attorney fears of appearing weak this type of strategy often serves both the attorneys and their clients. (11:28 min) 

Settlement Counsel—It Just Makes Sense
Hear Eric English and Paul Genender as they describe the use of settlement counsel during trials.  Although they are not always needed, hiring settlement counsel can make life easier for the trial counsel and may help your client achieve their desired outcome. (11:28 min)

Timing Discovery and Motion Practice to Make Mediation Work
It is said that timing is everything. Matthew Bakota outlines how that is especially true as you prepare a mediation.

Improve the Outcome of Your Next Arbitration
Increase the likelihood of a positive outcome to your next arbitration by listening to former Chair of the ABA Section of Litigation, Louise LaMothe, a practicing arbitrator and mediator in Santa Barbara, California, as she highlights key differences between litigation and arbitration.

Challenges of Entering the Field of International Arbitrations
Hear Harout Samra of DLA Piper as he shares how life changes when moving from working on litigation to international arbitration. Is it better or worse? Hear some of the differences, and decide for yourself. (8:45 min)

Keeping Your Cool with Difficult Adversaries
Facing a difficult and unprofessional adversary?  Don’t lose your cool!  Listen as Paulette Brown, partner at Edwards Angell Palmer & Dodge LLP in Madison, New Jersey, and seasoned employment and labor law attorney gives practical advice for how to remain in control and professional when those around you are not!

United States Supreme Court 2010 Round-up: 5 New Cases Concerning Federal Practice
Hear New York attorney Greg Joseph, an expert in Federal Practice, analyze five decisions issued in 2010 by the United States Supreme Court concerning Federal Practice, including issues regarding:  arbitration clauses:  Rent-a-Center West, Inc. v. Jackson and Stolt-Nielsen, S.A. v.  Animal Feeds Int’l Corp.; statutes of limitations:Merck & Co. v. Reynolds; Federal Rule of Civil Procedure 15c(1)C)(ii)’s relation back doctrine:  Krupski v. Costa Croiere, S.p.A.; and  the determination of corporate citizenship for purposes of establishing federal diversity jurisdiction: Hertz Corp. v. Friend.

Mediation Opening Statements: Strategies for Success
As more and more cases go to mediation, your client’s success depends on your ability to perform in a setting that is distinctly different from the courtroom.  Listen to Lorna Schofield, Chair of the ABA Section of Litigation, who has both served as a Mediator in the Southern District of New York, and who has represented clients in mediation, as she advises on whether and how to give an opening statement in the mediation of a matter.  Chair Schofield addresses the differences between opening statements at trial and in mediation settings, emphasizing how to make the most of the mediation opportunity. 

Powerful Speech
JoAnne A. Epps
Temple University Beasley School of Law
Philadelphia, PA

Secrets of Opening Statements
Paul Mark Sandler
Shapiro Sher Guinot & Sandler
Baltimore, MD

Psychology for Lawyers
Authors Jean Sternlight and Jennifer Robbennolt explain how, through various psychology techniques, you can become a more successful attorney and negotiator.


Disclaimer:

The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.

Roundtables

New Techniques in AI that Save Your Clients Time and Money
Keyword search, the most widely used method of e-discovery, has built in flaws and weaknesses. It’s cumbersome, imprecise, expensive—and limited. New, more robust machine learning allows parties to power through document collection with incredible speed, efficiency, and validity saving your clients time and money. This program will introduce you to the newest technologies as well as how to employ these technologies early and effectively. (58:34 min)

How to Teach Your Arbitrator
By Harold Coleman Jr and Joan Stearns Johnsen
How should you present your case to your arbitrator or arbitration panel? Will you reach them best by using demonstrative exhibits or with a riveting opening or closing? Should you use a different approach? The latest research has identified differences in our brains, which influence how we process information and learn. We explore this research and provide practical tips to account for the way different people absorb and process information cognitively. (1:00:13 min.)

How to Work with an Expert in Mediation: Practice Tips from the Mediator, Expert, and Lawyer
By Alternative Dispute Resolution and Securities Litigation Committees
We know that in complex commercial litigation choosing the correct expert is an essential step in putting your case together. What happens when you mediate the resolution of your case? Under what circumstances should you bring your expert to the mediation? This practical Roundtable will explore the various ways of using your expert in connection with mediating the settlement of your case. Join us for a lively discussion between seasoned litigators, an expert and a mediator on this important issue. (56:25 min)