Justice Marie L. Garibaldi American Inn of Court Programming
September 2021 - August 2022
May 12, 2022 - The Future of the ADR Field
We bookend our exploration of the ADR field with another visit from our good friend and colleague Colin Rule, who will provide us with his prescient thoughts on where he sees the ADR field headed and his reasons for why and how. Mr. Rule is currently the President and CEO of Mediate.com and Arbitrate.com. In 2011, he co-founded Modria.com, an Online Dispute Resolution (ODR) provider based in Silicon Valley, which was acquired by Tyler Technologies in 2017. From 2017 to 2020, Mr. Rule served as Vice President of ODR at Tyler, and, from 2003 to 2011, he was Director of ODR for eBay and PayPal. Mr. Rule has worked in the dispute resolution field for 25 years as a mediator, trainer, and consultant. Interviewed by Inn Member Peter Phillips.
In Zoom We Trust Designing Ethical Online Dispute Resolution Systems: The Rise of the Fourth Party Technology and the Future of Dispute Resolution
Online Dispute Resolution for Smart Contracts ODR in the Metaverse
April 19, 2022 - Common Mediation Issues from New Jersey to Tennessee (Remote Joint Meeting With Memphis, Tennessee American Inn of Court)
Issues that arise in mediation confront mediators across state boundaries and provide topics for discussion among members of the only two ADR American Inns Of Court in the United States. Topics including pre-mediation information exchange, building rapport in remote mediations, perceiving and addressing emotions in remote mediations, and impasse breaking techniques. These topics will be introduced with a brief orientation, and then explored in small group sessions allowing the members of both inns to exchange ideas while they become acquainted.
Speakers include Inn Members Felicia T. Farber and Richard Byrnes, and Memphis Inn Members Justice Janice Holder (Ret.) and Autumn Chastain.
Dickstein - The 12 Fastest Ways Why You Should Avoid Putting a Dollar Amount Five Tips for an Effective Mediation Statement
Graham Ross - Building Trust Online Phyllis Pollack - Trust and Rapport Creating the "Personal Touch" Online: Building Rapport and Managing Emotions in ODR
April 14, 2022 - The Art of Taking Notes for Arbitrators and Mediators
We have taken notes since we were students. As ADR neutrals we take notes to prepare for a mediation session or arbitration, to record hearing evidence or the back and forth in a mediation, to preserve our impressions while they are fresh, and to assist in the preparation of an arbitration award. Often, our notes help us recollect what was adduced days, weeks, and even months after the hearing, even if a full transcript also is available. But are there good or best practices for taking notes? Hear about some perspectives, including the results of a survey of our own group members, learn some note-taking tips, and share some of your favorite approaches as we delve into this often overlooked aspect of arbitration and mediation practice.
This program is moderated by Inn Member Laura Kaster and features guest speaker Mark Morril.
Cornell Notes Don't Ditch the Laptop Laptop versus Longhand Translation: The Conversation Trial Judge's Notes
March 10, 2022 - Ethics in the Evolving World of Remote, Hybrid, and In-Person ADR
This program will examine ethical challenges facing arbitrators, mediators, and advocates relating to evolving technology-driven ADR processes, including remote, hybrid, and in-person proceedings. The panel will review ethical guideposts for lawyers and neutrals most relevant to use of tech in ADR proceedings; identify challenges and solutions regarding those ethical duties applied in remote proceedings; preview issues with rising use of hybrid proceedings combining remote and in-person elements; and provide several key takeaways for ADR participants as technology and its use in ADR continue to evolve. The program will include two opportunities for small-group discussions among attendees regarding experiences with these issues and shared best practices.
The program is being moderated by Inn Member Steven Bierman and features the following distinguished panel of speakers:
Paul Genender, Susan Guthrie, Jill Pilgrim, and Ellen Waldman.
ABA Formal Opinion 498
Cheng, Practical Law - Virtual Mediation - Key Issues and Considerations CIArb Framework Guidelines on use of Technology in Int'l Arb
CPR Code of Ethics for Arbitrators in Comm'l Disputes ABA Model RPCs (Excerpts) ICODR Video Arbitration Guidelines
Hooker & Pill, Ethical Issues in a Cyberworld ICC Arb and ADR Comm'n Report on Leveraging Technology for Fair Effective Arb
ICODR Video Mediation Guidelines Mediate.com Online Training Task Force Report April 2005 Model Standards of Conduct
Model Standard of Practice for Family and Divorce Mediation (2001) NCTDR Ethical Principles for ODR Initiatives
NJ Standards of Conduct for Mediators in Court-Connected Programs (2000)
February 10, 2022 - Let's Get Evaluative . . . But When and How?
Good mediators constantly evaluate what is happening in our cases. And we keep our opinions hidden—or do we? We’ll show video of leading mediators conveying viewpoints, directly and indirectly, and ask you to discuss in small groups: When do you provide direction to parties and on what topics? If so, how do you do it? And do you ever "leak" a viewpoint? Featuring guest speaker Professor Dwight Golann of Suffolk University.
- You will become more aware of the wide variety of topics mediators evaluate.
- You will become aware of how mediators convey opinions, including nonverbally and unconsciously.
- You will learn the viewpoints and practices of colleagues.
- You become better able to monitor how you express opinions in mediation.
- You will become better able to modify your tone of voice, facial expression, and gestures to make evaluations more effective and acceptable to disputants.
Dwight Golann bio How Mediators Evaluate, Through Words, Gestures and Sometimes Silence
Beyond Abstinence: Safe and Impartial Evaluation Can Be Effective in Mediation
Let’s Get Evaluative (PowerPoint) Mediator - Evaluation Videos
November 11, 2021 - Considerations and Tips for Arbitration Award-Writing
Writing arbitration awards requires not only the skill of putting down on paper the arbitrator’s reasoning and applying the evidence adduced at the hearing to the applicable law, but also ensuring that the ultimate work-product – the final award – is enforceable and not susceptible to post-award challenges in court. Securing an enforceable award validates the parties’ agreement to have their dispute heard through a final and binding arbitration process and also continues the promise of arbitration as a cost-effective and expeditious process for resolving disputes. Join us as we explore some best practices and tips for writing bullet-proof arbitration awards. The featured speaker is Canadian arbitrator Julie Hopkins who will engage in a dialogue with Inn Member Laura Kaster and with you.
Julie Hopkins bio Julie Hopkins' Award Writing Checklist Additional Resources
AAA Award Preparation Fact Sheet Federal Plain Language Guidelines IBA Toolkit for Award Writing
CPR Guidelines for Arbitrators Conducting Complex Arbitrations CPR Protocol on Determination of Damages in Arbitration
Chartered Institute of Arbitrators Drafting Arbitral Awards
October 14, 2021 - Collaborative Law and ADR
Collaborative law offers a cost-effective and sensible alternative to the adversarial litigation process for parties who seek to be represented by counsel, yet still make their own decisions and maintain control over the resolution of their disputes. New Jersey adopted the collaborative process for family law cases, in which self-determination is particularly critical for families planning their futures. Inn Members Amy Wechsler and Denise Wennogle will provide you with an understanding of the collaborative process, and you will learn how New Jersey law addresses collaborative practice, the role of attorneys and other professionals in the collaborative process, and how many of the basic principles of mediation and collaborative practice are related.
Amy Wechsler bio Denise Wennogle bio Litigation to Collaboration: The Paradigm Shift
Advising Clients about CDR Options and Litigation - What Is a Lawyer's Responsibility?
NJ Ethics Opinion No. 699 NJ Family Collaborative Law Act Collaborative Family Law Participation Agreement
Roadmap of the Collaborative Divorce Process Collaborative Divorce Self-Inventory Tool
September 23, 2021 - The Importance of Developing Cultural Competency in ADR – Part 2
Join us for this engaging follow-up to our introductory program in July of the importance of developing cultural competency as a separate and distinct skillset in ADR proceedings. Inn Member Theo Cheng will interview featured guest Rajeh A. Saadeh to get his perspectives on how cultural competency issues and skills have arisen in his varied practice as a criminal defense, civil, and family law litigator, real estate attorney, family law mediator, and devout Muslim. This program offers 1.0 CLE credit in NJ Diversity, Inclusion, and Elimination of Bias.
Rajeh A. Saddeh bio
Developing Skills to Address Cultural Issues in Arbitration and Mediation 10 Basic Principles of Cultural Competency
Mediating Multiculturally: Culture and the Ethical Mediator What's a Cross-Cultural Mediator to Do?
Gender Equity in 2020 (Women in the Profession Section Newsletter) Becoming a Culturally Competent Neutral
September 9, 2021 - Lessons Learned from Remote Proceedings
Almost immediately after the pandemic caused a complete lockdown in this country, the ADR community was a pioneer in leading the charge to convert dispute resolution to the online world. Eighteen months later, there is hardly anyone who has not at least heard of Zoom and countless thousands have experienced participating in remote mediations and arbitrations. What have we learned through this rapid acceptance and transformation? As the economy opens up and more people are vaccinated, will our appetite for remote proceedings decrease? Or will new modalities take their place? Join Inn Member Richard Byrnes, Mediator Susan Guthrie, and Arbitrator Richard Silberberg in an interactive panel discussion led by Inn Member Suzanne McSorley as we explore and highlight some lessons learned from this unique time in both American and ADR history. We will also be bestowing the Jeydel Award, which is given annually in memory of Richard K. Jeydel, a founding Master of the Inn, to a current member of one of the American Inns of Court located in New Jersey in recognition of his/her demonstrated civility, professionalism, ethics, and excellence in and service to ADR.
Suzanne McSorley bio Richard Byrnes bio Susan Guthrie bio Richard Silberberg bio
NADN 2021 Member Survey (June 2021) Updated Zoom Settings and Best Practices (SDNY July 2021)
A Neutral's Perspective on Using Remote Proceedings Virtual Mediation: Key Issues and Considerations (July 2021)
Paths Forward for Online Mediation (Online Mediation Training Task Force Report)
Improving and Streamlining the Presentation of Evidence: Court Hearings The Efficient Arbitrator in the Post-Pandemic Era
National Academy of Arbitrators Videoconferencing Task Force Year in Review
AAA Hybrid Hearing Room Video Hybrid Tech Solutions (with links)
September 2020 - August 2021
July 22, 2021 - The Importance of Developing Cultural Competency in ADR
The globalization of commerce, changing demographics in this country, the difficult financial constraints on both national and personal economies, and, not least of all, the rippling effects of the pandemic have resulted in an increased use of mediation and arbitration to resolve any number of different types of disputes involving commercial/business, employment, and family matters. Increasingly, participants in these processes hail from different legal systems, social traditions, faith-based customs, and family backgrounds. These disparate perspectives raise the issue of whether mediators and arbitrators can truly afford participants access to justice if they are not aware of and sensitive to the cultural issues that are nascent in these proceedings. Inn Members Felicia Farber and Margie Echevarria, joined by Rajeh A. Saadeh, will lead an interactive discussion of the importance of developing cultural competency as a separate and distinct skillset in ADR proceedings.
Felicia Farber bio Margie Echevarria bio Rajeh A. Saadeh bio
Developing Skills to Address Cultural Issues in Arbitration and Mediation 10 Basic Principles of Cultural Competency
Mediating Multiculturally: Culture and the Ethical Mediator What's a Cross-Cultural Mediator to Do?
Gender Equity in 2020 (Women in the Profession Section Newsletter) Becoming a Culturally Competent Neutral
Felicia Farber's PowerPoint Slides Margie Echevarria's PowerPoint Slides
May 13, 2021 - Restorative Justice: A Holistic and Healing Approach in Preventing and Managing Conflict
This 75-minute-long program will focus on the interconnected nature of restorative justice (RJ) and its focus on addressing victim, offender and community harm and needs, with an emphasis on its transformative value particularly with young people. With roots in indigenous practices, restorative justice continues to evolve as an effective, integrated and humane criminal and youth justice response. The discussion will address its advantages, review applicable approaches, and reflect on the benefits of restorative practices through the unique insights of a personal lens. Inn Member Caroline Petrilla, a veteran mediator, educator and author who has worked most recently with Youth Advocate Program, Inc., an international nonprofit promoting youth-focused restorative justice, will team up with Carmen Y. Day, a dynamic new lawyer and inspirational champion intimately familiar with the powerful potential of restorative practices, to share a compelling look at the promise of restorative justice.
Caroline Petrilla bio Carmen Day bio From Juvenile Court to Award-Winning Attorney
She Once Stood Before a Judge as a Juvenile Delinquent. Now, She’s Practicing Law.
Healing Lives and Communities: How Can NGOs Support Restorative Justice Involving Youth?
Restorative Justice - Presentation PPT
April 8, 2021 - Upgrading Lawyer Performance: One Book at a Time
In this program, Randall Kiser will discuss his extensive research on lawyer and law firm performance, ranging from decision errors in settlement negotiations to deficiencies in case valuation and client communication. Mr. Kiser is the author of four books on professional performance, and he has been recognized as "the preeminent scholar of the U.S. legal profession and the world’s leading authority on legal decision making.”
Randall Kiser bio Summary of DecisionSet® Research on Adverse Litigation Outcomes
Top Skills for Attorneys Soft Skills for the Effective Lawyer (excerpt)
Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations
A Neural Link Between Affective Understanding and Interpersonal Attraction
Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement
March 11, 2021 - Adaptive Mediation: An Evidence-Based Approach to Navigating Changes in Conflict Dynamics and Derailers
(Joint Meeting with NJSBA DRS and NJAPM)
Although mediation has increased considerably in popularity and usage around the world, it has lacked a coherent framework and evidence base to illuminate the conditions under which different types of mediation strategies are most effective. This has resulted in a wide array of strategies and tactics being available to mediators, with little sense of which may work best under different conditions. This session will introduce participants to an evidence-based model of adaptive mediation, developed over the last several years in Dr. Peter Coleman’s lab at Columbia University.
In this session, Dr. Coleman will present the findings of his award-winning research on mediation, and present his integrative model on adaptive mediation. It suggests that mediators are best served when they are able to: a) understand the conditions when mediation is most effective, appropriate and feasible, b) identify basic differences in the task versus relationship nature of the presenting case, c) employ strategies that are fitting and conducive to mediating such cases, d) identify the four basic challenges or derailers to mediation when they occur, and e) employ strategies to address the challenges effectively in order to return to mediation.
Peter Coleman bio Adaptive Mediation Chapter (Getting Beyond Win-Lose and Win-Win)
Dr. Coleman's PowerPoint Slides
February 11, 2021 - Tackling the Problem of Valuation and Damages in ADR Processes
In this program, we take a look at another vexing problem in ADR processes, namely, valuation and damages. In an interactive presentation led by Dr. Christopher W. Young, we will explore these issues and identify those circumstances where additional support from outside experts can be of assistance to mediators, arbitrators, and the participants. Dr. Young is a founding partner of Red Maple Economics, a forensic economic and forensic accounting firm that provides services for business owners and executives, attorneys, accountants, investors, investment bankers, and government organizations. Red Maple Economics’ team of Ph.D. and highly trained economists, financial professionals and strategists provide economic and strategic advisory services in litigation, mediation and arbitration matters, investment transactions, public policy analyses, and other research projects.
Christopher Young bio C. Young PPT Deck Breaking Up is Hard To Do
Revisiting The S-Corporation Premium: Further Evidence
Incongruent Court Advice: Examining Fair Value and Fair Market Value Standards in Commercial Damage Cases Pursuant to Minority Claims
Integrating Dividends, Interest and Value in Commercial Damage Cases: Toward a Comprehensive Methodology
Business Valuation Methods Concerning the Forced Sale of Close Corporations (National Business Institute)
Business Valuation Methods Concerning the Forced Sale of Close Corporations (Sobel & Co.)
January 14, 2021 - Mediating Employment Claims – Challenges & Strategies
This interactive video program will utilize an employment litigation case scenario as a discussion starter for current common challenges faced by the employment bar and its neutrals during mediation. Topics will include common mistakes made by plaintiffs’ and defense counsel which impede settlement, steps neutrals can take to overcome barriers to settlement, strategies for effective mediation preparation by advocates and neutrals, effective process strategies for video remote mediations, and more. Participants will be assigned to breakout rooms for small group discussion of each topic. All participants will be rejoined to share discussion highlights. The program is geared to be valuable to newer members of the bar as well as experienced practitioners and neutrals.
Brett Anders (bio) Maureen Binetti (bio) Melissa H. Biren (bio) N. Janine Dickey (bio)
Felicia Farber (bio) Judge John Harper (bio) Brian Kronick (bio) Marla Moss (bio)
Fact Pattern New Jersey Courts Civil Mediation Program Resource Materials Uniform Mediation Act
Establishing “Mediator-Attorney Synergy” (N. J. Dickey) Video Mediations of Employment Claims in a Post-Covid World
December 10, 2020 - Agreements to Arbitrate: The Good, The Bad, and The Ugly
This program addresses everything you wanted to ask about agreements to arbitrate, but didn’t know who to ask! We have assembled a panel of pre-eminent practitioners with deep experience as advocates, arbitrators, and researchers to answer your questions about agreements to arbitrate, including minimum requirements, types of arbitrations, favorite provisions by advocates and by arbitrators, choosing a governing statute, appeals, and enforceability. Our esteemed panel comprises Robert Bartkus, John Holsinger, and Lea Haber Kuck, moderated by Robert Lenrow. You will be able to ask your questions, too, as we engage in problem-solving and brainstorming using the shared experiences of the Inn membership.
Speaker bios Arbitration Deskbook Materials List - Issues - Resources Sample Arbitration Clauses
November 12, 2020 - Mediating in the Era of Polarization
Ethical mediation rests on the mediator’s ability to provide a quality process by which parties can resolve disputes with the assistance of an impartial third party. The mediator’s impartiality can often be jeopardized in the face of challenging behavior (e.g., hostility, arrogance, stubbornness, etc.) or even their own implicit biases towards attorneys and parties. On the flip side, parties and attorneys may form their own judgments of the mediator. Join us as Alexandra Carter, Clinical Professor of Law and Director of the Mediation Clinic at Columbia Law School, along with her stellar team of law students, presents an interactive and thoughtful exploration of how mediators can maintain impartiality in this current era of polarization, where assumptions and biases are more salient than ever. Professor Carter has spent over a decade helping thousands of people improve their negotiation and mediation skills and is a world-renowned negotiation trainer for the United Nations. She is also the author of the recent book Ask for More: 10 Questions to Negotiate Anything.
Speaker bios Citations List PowerPoint Presentation
* Transference (4 articles)
Counselors’ Stress Appraisals as Predictors of Countertransference Behavior With Male Clients
Transference and Countertransference in Cognitive Behavioral Therapy Political Identity and Countertransference
The Working Alliance and the Transference-Countertransference Relationship
* Case Development (6 articles)
Attitude Transference Positive Expectations Encourage Generalization from a Positive Intergroup Interaction to Outgroup Attitudes
Universal Dimensions of Social Cognition Initial Impression Formation First Impressions Matter - A Model of Confirmatory Bias
Perceptions of Others’ Political Affiliation Are Moderated by Individual Perceivers’ Own Political Attitudes
* Summarizing (4 articles)
Living With No - Political Polarization and Transformative Dialogue A Divided Nation - Political Polarization and Dispute Resolution
Transforming News - How Mediation Principles Can Depolarize Public Talk What Are the Solutions to Political Polarization?
* Reframing (4 articles)
Reframing and its Uses Frame Changes and the Management of Intractable Conflicts
Morally Reframed Arguments Can Affect Support for Political Candidates
Moral Reframing: A Technique for Effective and Persuasive Communication Across Political Divides
* Acknowledgment and Stroking (4 articles)
Implicit Bias and the Illusion of Mediator Neutrality Building Conflict Resilience
The Media, a Polarized American & ADR Tools to Enhance Conflict Resolution Why We Can't Just All Get Along
* Agenda Setting (4 articles)
Public Policy Mediation Living With No: Political Polarization and Transformative Dialogue (see above)
Implicit Bias and the Illusion of Mediator Neutrality (see above)
A Divided Nation: Political Polarization and Dispute Resolution (see above)
* Caucusing (4 articles)
Contributions of Caucusing and Pre-Caucusing to Mediation The Role of Caucusing in Community Mediation
Raising Awareness of Potential Biases and Microaggressions The Strategic Use of Caucus to Facilitate Parties' Trust in Mediators
* Polarization (3 articles)
The Law of Group Polarization Group Polarization and 12 Angry Men Political Polarization Is About Feelings, Not Facts
October 8, 2020 - Winning Communication Strategies: Building Rapport and The Strategic Art of Listening
The tone, volume and inflection of our voice affects 38% of how we communicate. How can we use this to our advantage? What tools can we use to build better rapport and be more convincing? And how does being a good listener benefit us? Dr. Debra Dupree will provide an engaging and interactive presentation on how to improve communication strategies, along the way building rapport and trust with mediation participants. Dr. Dupree is the founder and president of Relationships at Work, Inc., a San Diego-based consulting firm specializing in mediation and leadership development for more than 20 years. She holds a PsyD. in Psychology and is both an accomplished mediator and trainer.
Dr. Debra Dupree (bio) The Magic (and Zen) of Mediation
The Psychology of Conflict and Art of Compassion Spice Game -- Communication Guide
September 10, 2020 - Emotions: The Secret Path to Resolution
One of the most important yet overlooked aspects of a mediation process is how to respectfully and skillfully handle the various emotions in the room. Neurosciences show that emotions are unavoidable and provide the energy to make any decision. How can mediators use emotions to help parties resolve their differences? Renowned mediation and negotiation trainer Thierry Garby will provide his perspectives on this critical skill set for all mediators.
Thierry Garby (bio) De-Escalation: The Key to Peace (D. Noll)
AGREED! Negotiating/Mediating in the 21st Century (T. Garby) (excerpts)
Are You Talking to Me? (W. Steinel, G. van Kleef, Harinck) Emotion and the Art of Negotiation (A. Brooks)
Emotional Triggers: How Emotions Affect Your Negotiating Ability (Harvard PON)
Emotions in Negotiation (D. Druckman, M. Olekalns)
Negotiating with Emotion (K. Leary, J. Pillemer, M. Wheeler)
September 2019 - June 2020
September 12, 2019 ADR in the European Union: An Insider's Perspective
We start our Inn Year with a special visit from Wolf von Kumberg, now an independent international arbitrator and mediator from the United Kingdom who previously spent nearly three decades as in- house/corporate counsel for Litton International S.A. and Northrop Grumman Corporation. Inn Member Peter Phillips brings his inimitable interviewing skills as he sits down with Mr. von Kumberg to explore how ADR is being used and expanded in the European Union and in cross-border issues.
Peter Phillips (bio) Wolf von Kumberg (bio)
26th UIA Mediation Forum - Developments in Switzerland (Business Conflict Blog) (2019.03.09)
2008 EU Directive re mediation in civil and commercial matters
Concerns on the New Singapore Convention (Business Conflict Blog) (2018.10.09)
New Swiss Rules of Mediation (Business Conflict Blog) (2019.08.09)
UN Convention on Mediated Settlement Agreements
World Mediation Forum Part 2 (Business Conflict Blog) (2019.03.09)
October 10, 2019 Sharpening Up on the Latest Decisional Law: An Update on Arbitration Law
We are pleased to welcome back Eric Tuchmann, Senior Vice President, General Counsel, and Corporate Secretary of the American Arbitration Association, who will present a program highlighting the current arbitration case law, as well as touch upon legislative developments in arbitration, cybersecurity in ADR, and caseload trends.
Eric Tuchmann (bio) Eric Tuchmann PowerPoint
GE Energy v. Outokumpu (cert petition) Outokumpu v. GE Energy (11th Cir. Aug. 30, 2018)
Atalese v. U.S. Legal Servs. Grp. (N.J. Supr. Ct. 2014) Itzhakov v. Segal (N.J. App. Div. Aug. 28, 2019)
Latif v. Morgan Stanley (S.D.N.Y. June 26, 2019) FAIR Act (H.R. 1423)
NJ A 1215 NJ A 4972 NJ A 584 (substituted) NJ S 3894
November 14, 2019 Managing Emotions Under High Pressure: A Crisis Negotiation Training Program
Join us as David M. White, law professor and Director of the Conflict Management Program at Seton Hall University School of Law, presents a special training program on crisis negotiation skills. Professor White is one of a discrete number of civilians to complete the FBI Basic Crisis Negotiation Course and has trained with the NYPD's Hostage Negotiation Team and the NYPD Crisis Intervention Team. He also collaborated with the FBI Crisis Negotiation Unit to design and subsequently implement the first crisis negotiation course to be offered at an ABA-accredited law school, an innovation that remains unique in American legal education. Learn how dispute resolution professionals can achieve superior results in both the boardroom and the courtroom by applying the law enforcement core competencies of active listening, emotion labeling, interest identification, and option generation.
David White (bio) Hostage Negotiation Team Skills Handout
Negotiation Under Extreme Pressure Hostage Negotiation Consultant
Crisis (Hostage) Negotiation: Current Strategies The Five Core Skills of Hostage Negotiators
Crisis & Hostage Negotiation Infographic Negotiating with the Unknown
Hostage Negotiation: The Divergence From Other "High Stakes" Negotiations
December 12, 2019 Annual Holiday Party
We plan to relax amongst friends and colleagues with food, drink, and the soothing sounds of Peter Lieberman, the "#1 One-Man Band in the Tri-State Area."
January 8, 2020 Joint Meeting with Justice Stewart G. Pollack Environmental American Inn of Court
Bringing together the expertise of two prominent New Jersey Inns of Court, this program will use a mock multi-party environmental dispute to explore the issues and challenges that arise in negotiating and mediating in these kinds of settings. Along with members of both Inns of Court, among the featured speakers will be a representative from the New Jersey Department of Environmental Protection.
Confidential Facts - Alvin Smith/Matilda Smith Joint Inn Meeting - Scenario 1
Confidential Facts - Big Top Oil, Inc. Environmental Statutes Glossary
Confidential Facts - DEP Hypothetical Linda Taylor (bio)
Confidential Facts - Insurance Company Confidential Facts - Ronald Strong
Confidential Facts - Jobber Fuel Company Joint Inn Meeting - handout
February 13, 2020 Joint Meeting with NJSBA DRS and NJAPM
The joint meeting will focus on a program to "Compare and Contrast the Development of New Jersey and Maryland Mediation Programs," featuring Jonathan Rosenthal, MACRO Director, and Emmett J. Ward, Maryland ADR Resource Coordinator, and hosted by Inn Members Laura K. Kaster and Robert E. Margulies. Don't miss this opportunity to interact with the other organizations and meet up with staff from AOC.
Cynthia M. Juurius (bio) Emmett J. Ward (bio)
Meeting Description and Additional Resources Maryland Standards of Conduct for Mediators
Impact of ADR on Responsibility, Empowerment, Resolution, and Satisfaction with the Judiciary
Joint Technology Committee Resource Bulletin - ODR for Courts (Nov 2017)
Joint Technology Committee Resource Bulletin - Case Studies in ODR for Courts (Jan 2020)
National Standards for Court-Connected Mediation Programs
March 12, 2020 There's No Better Time Than Now to Address Cybersecurity
In a time where data breaches seem to be a somewhat commonplace event, cybersecurity has become an important and, indeed, critical aspect of practicing as an arbitrator and/or mediator. Neutrals, who, more often than not, practice on their own and not in conjunction with large law firms or corporations, are particularly vulnerable targets amongst the various participants in ADR proceedings. This program will explore those risks and provide practical guidance for everyone who practices in the ADR field. Among the featured speakers will be Stephanie Cohen, an independent international arbitrator who has studied and written about best practices in cybersecurity.
Stephanie Cohen (bio) A Call to Cyberarms
2020 ICCA Protocol on Cybersecurity in International Arbitration
April 23, 2020 Around the World in 80 Minutes: An International ADR Update
With the continued growth of international trade and commerce, mechanisms for resolving cross-border disputes become even more a part of the fabric of these transactions. Hear updates in the field of international ADR, including developments under the New Jersey International Arbitration, Mediation, and Conciliation Act, the signing and adoption of the United Nations Singapore Mediation Convention, and the UNCITRAL Working Group II's consideration of expedited arbitration processes. Featured speakers will be Inn Member Jennifer Brandt, an attorney and mediator who serves as a mediation ambassador with the Foundation for the Sustainable Rule of Law Initiative; Rekha Rangachari, the Executive Director of the New York International Arbitration Center; and Salman Ravala, a litigation partner with his own firm where his practices includes representing international clients in both court and arbitration matters. The program will be moderated by Inn Member Lisa Love.
Lisa D. Love (bio) Salman Ravala (bio) Mediation Quote
Jennifer Brandt (bio) Rekha Rangachari (bio)
New Jersey International Arbitration, Mediation, and Conciliation Act
UN Convention on Mediated Settlement Agreements (Singapore Convention)
UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements
UN General Assembly Resolution (Dec. 20, 2018) Singapore Convention - List of Signatory Countries
The Singapore Convention: A First Look (D. Masucci and S. Ravala)
UN General Assembly Draft Provisions on Expedited Arbitration (Nov. 21, 2019)
Responses to the UNCITRAL Questionnaire on Expedited Arbitration
Report of Working Group II (Dispute Settlement) (Feb. 12, 2020)
May 14, 2020 Third-Party Funding Part II: The Nuts and Bolts of the Funding Process
Following-up on our popular program from last spring about the ethical obligations of dispute resolution providers and neutrals when one of the parties in a mediation or arbitration is receiving financial backing from a third-party funder, this program will share real-life experiences from Dana MacGrath and Daniela Raz of leading funder Omni Bridgeway, along with Erika Levin, an accomplished advocate in arbitration proceedings, to explore the details of how funding arrangements are put into place and the take-aways for dispute resolution professionals.
Dana MacGrath (bio) Daniela Raz (bio) Erika Levin (bio)
Report of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration (April 2018) (full report)
Chapter 2 (Overview of Dispute Funding), Third-Party Funding Report, ICCA-Queen Mary Task Force (April 2018)
Five Commonly-Asked Questions About Omni Bridgeway's Litigation Funding Process
How Disputes Funding Works Across Jurisdictions
How Funding for International Arbitrations Equalizes Power and Reduces Risk
3 Recommendations For Cos. Considering Litigation Finance
June 18, 2020 We're Talking Arbitration Again! An Update on New Jersey and Federal Arbitration Law
We are delighted to welcome back Inn Member Robert Bartkus, Of Counsel at the firm of McCusker, Anselmi, Rosen, & Carvelli P.C., who will present a program on significant recent developments in arbitration law, both federal and New Jersey, addressing a host of issues, including contract formation, arbitrator delegation, remote hearings, confidentiality, attorneys’ fees, preemption, and amendments to governing statutes.
Robert Bartkus (bio) GE Energy Power Conversion v. Outkoumpu, 18-1048 (U.S. 2020)
List of Resources PowerPoint Slides Bacon v. Avis Budget Group (3d Cir. 2020)
In re Remicade Antitrust Litigation (3d Cir. 2019) Easterday v. US Pack Logistics (DNJ 2020)
Rubin v. Tress (NJ App Div 2020) Sharma v. Sky Zone (NJ App Div 2020)
A Multiplicity of Procedures for Enforcing or Challenging an Award
A Sleeper from the Third Circuit So, There is an Award; Now What?
New Jersey Supreme Court Rights Course of Arbitrability