Justice Marie L. Garibaldi American Inn of Court Programming
2023-2024 Programming Calendar
November 9, 2023 The Secret to Getting Along
Setting Up the Sandbox: Pre-Mediation to Transcend Intractable Conflict Using the Y.E.S. Method
Join us a for a special, interactive program led by best-selling author, attorney, mediator, consultant, and speaker Gabrielle Hartley, Esq., who has developed a unique, non-toxic approach to divorce that is applicable to conflict resolution in a wide variety of other settings. Learn how to resolve conflict in ways that strengthen relationships, reflect values, and lead to positive outcomes for everyone involved, with tips and techniques on reframing the approach to conflict, creating better outcomes even in the most difficult relationships, and strengthening skills in resolving conflicts of all shapes and sizes. Inn Members will receive a free copy of her latest book, The Secret to Getting Along (And Why It's Easier Than You Think): 3 Steps to Life-Changing Conflict Resolution.
Attendance Form Gabrielle Hartley Bio
Essential Inquiries For Pre-Session How You Can Solve Tough Problems
The Critical Importance of Pre-Session Preparation
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December 14, 2023 Annual Holiday Party
We hope all members and a guest will attend our Annual Holiday Party, with live entertainment provided by the trio of Hector, Williams and Braham, led by Inn Member Bruce Hector!
January 11, 2024 Fact Witness Memory In ADR
How do we think about evaluating witness testimony in arbitration? In 2020, the ICC issued a report on The Accuracy of Fact Witness Memory in International Arbitration. All of its insights relate to fact witnesses and memory in domestic arbitration (and mediation as well). We will be fortunate to have a dialogue with Jose I. Astigarraga, Esq., one of the Co-Chairs of the Task Force that created the report and Professor Elizabeth Loftus, a world renowned Stanford professor whose experiments reveal how memories can be changed by things that we are told. Facts, ideas, suggestions and other post-event information can modify our memories. The legal field, so reliant on memories, has been a significant application of her memory research. Her work on memory was cited in the report. We will learn about the latest thinking on memory and discuss how neutrals should evaluate witnesses, potential "lying", and how we may minimize unintended impacts on witness memory. This program will be conducted only via Zoom.
February 8, 2024 Rethinking Mediation
(Joint Meeting with NJSBA DRS and NJAPM)
Professor Ava Abramowitz will continue “Rethinking Mediation” leading a discussion of ways that mediators can increase their effectiveness by using the results of consultative selling research, applying behavioral analysis and scientific based insights to mediation and negotiation, and examining communication behaviors of mediators, negotiators, mediating parties, and counsel. We welcome our sister ADR organizations in NJ to join us for this highly insightful program which will be conducted only via Zoom.
February 20, 2024 Joint Program with Reitman Employment Inn (In Person)
Details and location for this just-added bonus program will be forthcoming!
March 14, 2024 Multigenerational Teams:
In this session, which picks up the generational theme explored in last year’s Millenials program, our panelists, led by Inn Member Andrew Smith, MBA, Esq., discuss divisions that can happen when up to five generations find themselves working alongside each other in a typical organization or firm for the first time in history.
Interactions between people from different generations can resemble a cross-cultural relationship. Both usually possess different values and customs. At times, each generation is literally speaking a different language!
Employers need perspective and guidance to get the most out of the strengths of each age group on a team and to foster effective communication instead of isolation among employees. Our panelists will explore how we, as attorneys and neutrals can facilitate understanding and the building of bridges rather than walls, to foster a competitive advantage, and effectively work towards resolution when conflicts occur. This program will be conducted only via Zoom.
April 11, 2024 A Different Take On Global Arbitration
Or, “Lessons To Be Learned from “Non-Traditional” Arbitration Frameworks.” Although our members are familiar with court enforcement of contractual pre-dispute and post-dispute arbitration agreements, as well as statutory or rules-based arbitration programs enacted by courts or legislatures, there are a host of other dispute resolution regimes out there, often involving religious or cultural institutions, that also encourage or impose ADR outside of the traditional court processes. Join Inn Member Peter Phillips and others as we discuss some of those programs, how they may intersect with the court system (and the relevant court cases), and what arbitrators may learn from the processes of these alternative dispute resolution regimes, both in managing their own arbitrations and in handling these disputes in court should they arise in our practices.
May 9, 2024 Generative AI and ADR
In this lively program a panel, including Dan Guadelupe, Esq. will discuss generally what artificial intelligence (AI) is and how it works, then demonstrate how generative AI – specifically Chat GPT -- works and explore some of the ethical issues attorneys and neutrals may encounter when using AI in representing clients and/or resolving disputes. This is a fast-changing field and the program will be sure to include any cutting edge developments and discuss where the future of this technology seems to be going.”
May 21, 2024 (Tuesday) - Joint meeting with Memphis ADR American Inn of Court
The Memphis ADR American Inn of Court is the only other Inn of Court in the country exclusively devoted to alternative dispute resolution. We will present a joint program which will be conducted only via Zoom. Details to follow.
September 14, 2023 Lying for the Sake of the Deal: What "Zeal for the Deal" Can Cause Mediators and Counsel to do In Mediation
What is a lie? Is it just an affirmative misstatement or does it include such things as puffing, exaggeration, understatement, partial truth and non-disclosure? Is it accepted that there will be some level of deception or lack of full truth in any mediation? If so, where should the line be drawn and how should the standard of truthfulness be defined for mediators? For parties? For parties’ counsel? In this rigorous, interactive, live discussion facilitated by Harold Coleman, Jr., AAA Senior Vice President, we will use a number of real-life case scenarios where we will discuss (i) whether a lie has been committed or whether deception is in the air, and (ii) what the mediator’s response should be.
At a future date 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 Inn Member Caroline Petrilla in recognition of her demonstrated civility, professionalism, ethics, and excellence in and service to ADR.
Fillable Attendance and Evaluation Form Harold Coleman, Jr. Bio
CLE Program Materials A Reminder About Ethics In Negotiations
October 12, 2023 The Finish Line--Mediating the Actual Settlement Agreement
What do you do after the parties settle and the memorandum of agreement is signed? This program, led by Inn members Laura Kaster, Suzanne McSorley, and William Sanders will draw on our Inn's collective insights about how to help the parties to a final agreement – sometimes “boilerplate” causes a new negotiation – sometimes negotiators slip new terms into a draft – do you leave them to their own devices or do you have techniques and approaches to this stage of events? This will be a highly interactive session to see if we can share the insights of our membership and provide new techniques or burnish the ones we use.
Fillable Attendance Form Settlement Checklist
Willingboro Mall Murphy
Laura Kaster Suzanne McSorley
Link to ABA Article
NYSBA - Dispute Resolution Journal Article:
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2022-2023 Programming Calendar
May 11, 2023 Redefining the Legal Landscape: An Arbitration Law Update
When discussing developments in the law relating to arbitration, the focus tends to be on the latest U.S. Supreme Court rulings. But consequential developments are occurring on a daily basis on less lofty plains. This session will explore the top ten substantive areas in which recent court decisions – both federal and state – have impacted and at times transformed the arbitration law environment in which counsel and neutrals practice. Alfred Feliu will be our featured speaker.
Attendance and Evaluation Form
Alfred Feliu Bio
Alfred Feliu Case Studies
April 18, 2023 Mediation’s Dirty Little Secrets: A Case Study in Institutionalization
(Joint meeting with Memphis ADR American Inn of Court)
This program is presented by Professor James R. Coben. For the year 1993, some three decades ago, 263 federal and 327 state court decisions are available on Westlaw that mention the word mediation. Fast-forward to last year (2022): the word mediation appears in 3,999 federal and 1732 state decisions. Not all of these database “hits” involve situations where federal and state judges actually decided a disputed mediation issue. But roughly fifteen to twenty percent of the time over the last three decades, that is exactly what happens. Using short video recreations of famous (infamous) cases, this presentation will explore this litigation history, as well as bar and advisory committee ethical opinions, to tease out practical lessons to be learned about the evolution of our field. This program presented only via Zoom.
Attendance and Evaluation Form Trick or Treat
James R. Coben Barnacles, Aristocracy and Truth
Straight Talk About Mediation Litigation About Mediation
Professor James Coben's PowerPoint
April 13, 2023 ADR Ethics Through Movies and Television
Inn Member Theo Cheng will present scenes from some well-known movies and television shows depicting negotiations, mediations, and arbitrations. The cinematic moments that create the drama and comedy in these films and shows often hinge on the actions of neutrals (and sometimes, lawyers), raising interesting (and sometimes troubling) ethical issues for consideration. Popcorn will be provided. This program offers 2.0 CLE credits in Ethics.
Model Standards of Conduct for Mediators Model Standards of Practice for Family and Divorce Mediation
NJ Standards of Conduct for Mediators in Court-Connected Programs D.N.J. L. Civ. R. 301.1
Code of Ethics for Arbitrators in Commercial Disputes Code of Professional Responsibility for Arbitrators in Labor-Management Disputes
NJ Rules of Professional Conduct Attendance and Evaluation Form
Program Outline Program PowerPoint
March 9, 2023 Venting: Is it a Catalyst or an Impediment to Resolution?
Mediation is often promoted as an opportunity for the disputants to participate in an alternate, less formal process to reach a resolution of their conflict. But to what extent should participants be allowed to “blow off steam” or “get it off their chest” during a mediation? Professor (and Honorary Inn Member) Jon Hyman and Inn Member Terri Reicher will lead an interactive discussion addressing the benefits and disadvantages of venting in mediation in this remote program. This program presented only via Zoom.
Attendance and Evaluation Form
February 9, 2023 Tools and Tips for Mediating High Conflict Disputes
(Joint Meeting with NJSBA DRS and NJAPM)
Bill Eddy, co-author with Michael Lomax, of “Mediating High Conflict Disputes: A Breakthrough Approach with Tips and Tools and the New Ways for Mediation,” will introduce us to new thinking and specific new methods for approaching mediation when high conflict personalities are involved. Susan Guthrie, who has sponsored and attended Bill's trainings and adopted his techniques in her mediations (high conflict and not so high) will comment. Bill's new and revolutionary insights and his techniques and tips apply to both family/matrimonial cases and civil disputes and will be of interest to our entire mediation community.
Attendance/Evaluation Form Program PowerPoint Bill Eddy bio Susan Guthrie bio
12 Paradigm Shifts of High Conflict Mediation Calming Upset People with E.A.R.
When Storytelling Hurts Conflict Resolution Yes, No, or I'll Think About It
January 12, 2023 Lost in Translation – Understanding “Millennial Speak” in ADR Settings
(Joint meeting with the Sidney Reitman Employment Law American Inn of Court)
As ADR professionals, we continually seek to increase our communication skills and expand our cultural competencies. Understanding ever-changing generational perspectives and relating to younger millennial parties, representatives, and attorneys is increasingly crucial to effective communications in litigation, mediation, and arbitration settings and has particular significance in resolving work-place disputes. Join our national panelists as we seek to gain a deeper cultural understanding of "Millennial Speak": Garibaldi Inn member N. Janine Dickey. Esq. APM, mediator and arbitrator of workplace and business disputes; Jennifer M. Lankford, Esq., Associate General Counsel overseeing national legal and employee relations at Cracker Barrel Old Country Store, Inc., Lebanon, TN; Barath S. Raman, Esq., of Lewis Wagner, LLP in Indianapolis, IN; and Allen Sydnor, senior litigator with Huie Fernambucq & Stewart, LLP in Birmingham AL.
This program offers 1.0 CLE credit in Diversity, Inclusion & Elimination of Bias and will be presented only via Zoom.
Attendance and Evaluation Form Program PowerPoint Slide 8 Embedded Video Slide 9 Embedded Video
Lingo of Millennials and/or GenZs Mediation and Millennials: A Generational Shift in Dispute System Preferences
December 8, 2022 Annual Holiday Party
We hope all members and a guest will attend our Annual Holiday Party, with live entertainment provided by the trio Hector, Williams and Braham, led by Inn Member Bruce Hector!
November 10, 2022 Considerations in Making Domestic Arbitrations More Economical and Efficient
Inn Member Bob Bartkus will moderate a lively debate between guest speakers persuasively arguing in favor of and against a number of interesting (and controversial) issues regarding domestic (U.S.) arbitration hearings, including (a) “hot tubbing” to manage competing expert witness testimony; (b) managing arbitration presentations using “Redfern” schedules more extensively than for traditional document or privilege disputes; and (c) permitting non-lawyers to present the case for entity parties (such as partnerships and LLCs). As is customary in such debates, the success of the speakers’ efforts will be gauged by a survey of attendees’ views before and after each debate topic. Join us and see if you will be persuaded!
“Hot tubbing” of expert witness technical opinion testimony is a useful and adaptable procedure in commercial arbitrations
Pro: J.H. Oliverio, Anselmi & Carvelli, LLP, Morristown, NJ
Con: Bruce I. Goldstein, Anselmi & Carvelli, LLP, Morristown, NJ
Redfern schedules are not only for discovery disputes and construction cases
Pro: Hon. Faith Hochberg (Ret.), New York, NY
Con: David Zaslowsky, Baker & McKenzie LLP, New York, NY
New Jersey arbitrators should be able to permit small commercial entities, such as partnerships and LLCs, to present their cases by non-lawyers, such as partners, experts, or managers
Pro: Stephen Falanga, Walsh, Pizzi, O’Reilly & Falanga, LLP, Newark, NJ
Con: Carol Johnston, N.J. Supreme Court Committee on the Unauthorized Practice of Law
Attendance and Evaluation Form Speaker Biographies Additional Resources
Appellate Division Decision UPL Opinion 57 UPL Opinion 43
RPC 5.5 NJ Court Rule 1:21 Polling Questions - Results
October 13, 2022 Ways to Be a Better Mediator
Inn Member Paula Bralow and Inn Counselor Robert Lenrow will moderate a panel discussion with John Lande, David Lopez and Ellen Waldman on Ways to Become a Better Mediator. The idea for the program arose out of an article authored by Mr. Lande entitled “How You Can Solve Tough Problems In Mediation.” The panel will discuss Party Engagement and Participation, the Mediation Process, Submissions and Pre-Session Work, Joint Sessions and Party Competency and Capacity. The panel will identify tools and techniques for mediators to enhance their effectiveness and analyze the issues against the applicable Standards of Conduct for Mediators. The goal of this program is to provoke a lively discussion among Inn members, as well as informative exchanges between members and the panel.
The following materials are resources to look further into the topics discussed. No need to read all before the Inn meeting.
Attendance and Evaluation Form How You Can Solve Tough Problems In Mediation "Breaking the Cookie Cutter"
Key Questions/Phrases ABA Mediation Guide - General ABA Mediation Guide - Complex Civil
ABA Mediation Guide - Family ABA Task Force Report On Improving Mediation CPR Tool Kit
Doing Best Mediation You Can LIRA Book, App. H Standards of Conduct For NJ Court Program Mediators
Websites of Interest
September 8, 2022 Mixing Modes to Resolve Disputes and the Problem of Neutrals “Switching Hats”
Mediators and arbitrators have historically been trained to carefully “stay in their lanes,” but parties with disputes often do not make or even understand the distinction between the various modes of ADR. Rather, parties often simply seek someone to assist them in resolving their dispute. The need to meet the parties’ needs has led to a robust discussion among neutrals regarding “mixing modes” to promote efficient and effective dispute resolution. This program will provide an introduction to this ongoing conversation, with a panel including Inn Member Steven Bierman, Debbie Masucci, and Edna Sussman, moderated by Inn Member Sue McSorley, addressing the process of working with parties to design an explicitly “mixed” dispute resolution process and specific ways in which adjudicative methods, specifically arbitration, can provide more opportunities for parties to pursue settlement in the midst of the arbitration. The panel will also explore the ethical issues embedded in neutrals “switching hats” (changing roles) in dispute resolution processes.
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.
Final Papers from the Mixed Modes Working Group as published in NJ Resolution Lawyer in April 2021:
Attendance and Evaluation Form Interactions Between Mediators and Arbitrators Dispute Resolution Process Planning
Group 2 - Using a Guiding Mediator Group 4 - Arbitrator Techniques Group 5 - Switching Hats
Group 7 - Considerations for Allowing Communications Between Arbitrators and Mediators Dilyara Nigmatullina, Empirical study
Tribunal Influence on More Accurate Case Evaluation
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