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The A-Z of Alternative Dispute Resolution Explored!

Legal CLE

The A-Z of Alternative Dispute Resolution Explored!

Live Webcast Date: Friday, June 12, 2015 at 3:00 pm - 5:00 pm (ET)
LegalRecording

Alternative Dispute Resolutions (ADR) is a means of resolving disputes outside the courtroom. It includes negotiation, conciliation, evaluation, mediation and arbitration.  Mediation is also an informal alternative to litigation. Mediation is performed by trained negotiators who unite opposing parties to settle differences.  In contrast, arbitration is a simplified version of a trial involving examination by simplified rules of evidence and an arbitral panel. The expansion of international trade has led to a wide variety of international disputes. Resolving such disputes can be time consuming, frustrating, and costly. ADR has been used increasingly to resolves many of disputes in a shorter period of time with lower cost.

In this two hour, Webcast, a notable panel of professionals assembled by The Knowledge Group will review and discuss the various methods of Alternative Dispute Resolution, review its application to recent cases, and provide advice on the design and implementation of effective programs.

Key topics include:

  • Alternative Dispute Resolution (ADR):  An Overview
  • Tips for Parties and Advocates in Mediation
  • Drafting an Effective Arbitration Clause
  • Tips for Advocates in Arbitration
  • Enforcing an Arbitration Award
  • Recent Case Law on Arbitration

Who Should Attend

  • Attorneys 
  • Arbitrators 
  • Alternative Dispute Resolution Mediators 
  • ADR Specialists
  • Senior Counsel 
  • Corporate Attorneys 
  • Other Related/Interested Professionals 

Faculty

Joseph A. Ingrisano

Joseph A. Ingrisano
Partner
Kutak Rock LLP

Jane Michaels

Jane Michaels
Partner
Holland & Hart LLP

Stephen M. Marcellino

Stephen M. Marcellino
Partner
Wilson Elser

Charles J. Moxley Jr.

Charles J. Moxley Jr.
Adjunct Professor
Fordham Law School

Click Here to Read Additional Material

Joseph A. Ingrisano, Partner
Kutak Rock LLP

“A to Z – can be summed a up as a review of the Ps – Precedent, Policy, Practice and Procedure”

Precedent: historic judicial precedents supporting the use of agreements providing for arbitration of any future dispute

Policy:

  • The future of pre-dispute arbitration agreements
  • Report to Congress, pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act
  • FINRA Dispute Resolution Task Force (securities arbitration)

Practice and procedure:

  • Forum and Arbitrator selection issues
  • Awards; vacatur (limited review) and enforcement
  • Case management; pleadings and motions practice
  • Discovery
  • Use of experts
  • Presenting evidence and use of technology and digital formats
  • Expungement (securities arbitration)
  • Large claims; small claims
  • Class actions

Mediation:

  • Industry, availability of forums and organizations
  • Selecting a mediator
  • Cost
  • Binding or non-binding?
  • Tips on practice and management of process and expectations

Jane Michaels, Partner
Holland & Hart LLP
  • Tips for Parties and Advocates in Mediation
  • Drafting an Effective Arbitration Clause
  • Tips for Advocates in Arbitration
  • Enforcing an Arbitration Award
  • Recent Case Law on Arbitrations

Stephen M. Marcellino, Partner
Wilson Elser
  • Deciding whether and when to mediate a case;
  • Choosing the right mediator;
  • Pre-mediation communications with the mediator;
  • Preparing your client for mediation;
  • Mediation Memos; and
  • Conduct at the mediation conference.

Charles J. Moxley Jr., Adjunct Professor
Fordham Law School

Best Practices of Arbitrators in Conducting Effective Arbitrations

  • The arbitration difference
  • Requirements of arbitration clauses
  • Relations with other arbitrators
  • Listening and Hearing
  • Detailed pleadings, with the main supporting documents attached
  • Applications for interim relief
  • Focusing on the overall design of the case
    • The preliminary hearing/organizational meeting/scheduling conference/management conference
    • Whether to ask counsel in advance of the preliminary hearing to try to work out a schedule and protocol for the case
    • The possibility of having the preliminary hearing in person with clients present
    • The scope of the preliminary hearing
    • Standards as to discovery
    • Reliance documents
    • E-discovery
    • Depositions
    • Using a discovery master
    • Parties’ cooperation in making non-party witnesses available
    • Non-Party Subpoenas
    • Substantive motions
    • Witness statements
  • Confidentiality
  • Sanctions
  • Timing and length of the hearing
  • Evidentiary nature of designated hearing exhibits
  • Having as much of the case briefed on a pre-hearing basis as possible
  • Summaries, Chronologies and Dramatis Personae
  • Stipulated facts
  • Opening statements using PowerPoint
  • Disruptive counsel performance at the hearing
  • Rules of evidence
  • Heuristics
  • Mediation window
  • Motions to disqualify adversary counsel
  • Choosing counsel who will create a conflict with an arbitrator
  • Posing questions during the hearing
  • Form of award
  • Presenting one’s case as to costs and attorneys’ fees sooner rather than later

Joseph A. Ingrisano

Joseph A. IngrisanoPartnerKutak Rock LLP

Joseph A. Ingrisano, a litigation partner, heads Kutak Rock’s Washington, D.C. Litigation Department.  He received his B.A. in 1977 from State University of New York at Binghamton and his J.D. in 1980 from American University School of Law, where he served as an editor of the Law Review.  Upon graduation, Mr. Ingrisano joined the law firm of Cadwalader, Wickersham & Taft, where he spent five years as a litigation associate active in a full range of complex corporate litigation.  Since joining Kutak Rock in 1985, he has represented corporations, brokerage firms, investment banks, insurance companies, securities underwriters and insurers, and corporate officers and attorneys as lead trial counsel and co-counsel in complex commercial and securities fraud class actions, litigations and arbitrations throughout the country, as well as in enforcement matters brought by the Securities Exchange Commission and other federal agencies and regulatory bodies.  Mr. Ingrisano is admitted to practice in the District of Columbia, the United States District Courts for the District of Columbia and the District of Maryland, and the United States Court of Appeals for the Fourth, Eleventh and the District of Columbia Circuits.

Jane Michaels

Jane MichaelsPartnerHolland & Hart LLP

With more than 35 years’ experience litigating sophisticated business and technology disputes, Jane Michaels keenly understands how the escalating costs of litigation, particularly during the discovery process, impact an organization’s bottom line and business goals. Jane is certified by the American Arbitration Association (AAA) as a mediator and arbitrator and serves on the AAA’s Complex Commercial Arbitration and Mediation Panels. She has served as an arbitrator and mediator in numerous complex commercial and intellectual property cases. Jane is a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the International Society of Barristers. She is also a member of the ADR Section of the American Bar Association. Corporations, business executives, and their counsel benefit from Jane’s ability to swiftly and critically assess intellectual property and commercial cases and to offer pragmatic solutions, with the ultimate goal of avoiding a prolonged legal battle.

Stephen M. Marcellino

Stephen M. MarcellinoPartnerWilson Elser

Stephen Marcellino, a partner in Wilson Elser’s New York offices, is chair of the firm’s ADR practice, co-chair of the firm’s General Liability & Casualty practice and a long-standing member of the firm’s Executive Committee. He is a seasoned litigator and strategic advisor who focuses on general, product and professional liability defense and insurance and reinsurance coverage matters.

During the last 40 years, Steve has handled some of the firm’s most complex, high-exposure litigations and arbitrations as a trial lawyer and manager of national and international cases. He has designed and implemented innovative alternative dispute resolution programs, bringing contentious multi-plaintiff and claim portfolios matters to expeditious and cost-effective conclusions. In addition, he has acted as a mediator on behalf of the U.S. federal court system in connection with high-profile matters for more than 20 years. 

Charles J. Moxley Jr.

Charles J. Moxley Jr.Adjunct ProfessorFordham Law School

Charles J. Moxley, Jr., Esq., the principal in Moxley ADR LLC, is an experienced arbitrator, mediator, litigator, and educator.  He is the Distinguished ADR Practitioner in Residence at Cardozo Law School and an Adjunct Professor of Law at Fordham Law School, teaching arbitration and international law.  A Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators, Mr. Moxley has presided over hundreds of large and complex arbitrations and is on panels of leading ADR providers.

Mr. Moxley trains arbitrators for the AAA and the New York State Bar Association (NYSBA) and has served as chair of NYSBA’s Dispute Resolution Section.  A graduate of Columbia Law School, Mr. Moxley started his career at Davis Polk & Wardwell and was a member of several leading litigation firms before becoming a full time neutral. 

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   143481

NASBA Field of Study:
   Specialized Knowledge and Applications

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Kutak Rock LLP specializes in complex civil litigation, primarily defending its clients’ interests in federal and state courts, in arbitrations and mediations, and before administrative tribunals throughout the United States.  Current and recently completed litigation engagements have involved major contract disputes, insurance coverage, business torts, securities, products liability, lender liability, directors’ and officers’ liability, professional liability, technology transfer and licensing, shareholder governance, construction, environmental liability, zoning, eminent domain, employment discrimination, white collar crime, intellectual property, trade secrets, antitrust and other complex commercial and business litigation.  The firm employs litigators with extensive experience in class actions and derivative lawsuits.  In addition to seeking successful resolution of disputes for our clients through pretrial motions, discovery and trial, Kutak Rock litigation attorneys recognize early and nonjudicial resolution of disputes which avoid the risk and cost of lengthy litigation may provide the best solution for our clients. The cumulative trial experience of Kutak Rock litigators also offers a honed approach to successful mediation.  Kutak Rock’s trial attorneys understand how to develop a mediation strategy, present the client’s position through effective demonstrative evidence, and skillfully negotiate favorable settlements.

Website: http://www.kutakrock.com/

Holland & Hart LLP delivers integrated legal solutions to regional, national, and international clients of all sizes. Since its inception in 1947, Holland & Hart’s more than 500 lawyers have consistently been recognized by leading national and international peer and industry review organizations for innovation and dedication to the practice of law.  The firm delivers a full range of services from 15 offices across the Mountain West and in Washington, D.C. For more information, visit www.hollandhart.com.

Website: http://www.hollandhart.com/

Wilson Elser, a full-service and leading defense litigation law firm (www.wilsonelser.com), serves its clients with nearly 800 attorneys in 27 offices in the United States and one in London and through a network of affiliates in key regions globally. Founded in 1978, it ranks among the top 200 law firms identified by The American Lawyer and is included in the top 50 of The National Law Journal's survey of the nation’s largest law firms. Wilson Elser serves a growing, loyal base of clients with innovative thinking and an in-depth understanding of their respective businesses.

Website: http://www.wilsonelser.com/

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