Thursday, April 27 2023, ADR

5:30 pm 

ADR: Everything you didn't know you didn't know re: arbitration and mediation!

Today alternative dispute resolution (ADR) is a regular part of every litigator’s practice. Many contracts now designate arbitration as the preferred form of dispute resolution and most courts now have mediation programs that require parties to mediate their case prior to final resolution in court.

Because you will all undoubtedly be participating in arbitrations and mediations in the next 12 months (!) our panel of experienced neutrals and attorneys will provide invaluable insights into best practices in both processes that will allow you to best represent your clients.

The panel will discuss key topics such as the selection of the neutral, who should be present at the proceeding, how to prepare for the proceeding in the most helpful way to the neutral, how best to confer with your adversary prior to the proceeding, how to succeed in each process, and how to memorialize that success with a term sheet (mediation) or an enforceable award (arbitration). The panel will also address questions submitted by all of you prior to the program. This is a real opportunity to obtain invaluable guidance which will improve your skills and chances of success in both methods of dispute resolution.

There will be two panels one on arbitration and one on mediation. The panelists for each session follows:

Arbitration: Moderator and Participant: Hon. Shira A. Scheindlin; participants: Bill Crosby; Richard Dolan; Lauren Moskowitz, Jay Safer

Mediation: Moderator and Participant: Nelson Timkin; participants: Hon. Helen Freedman; Herb Eisenberg; Rosalind Fink, Aaron Marks

Foley & Lardner LLP, 90 Park Ave, New York, NY 10016

Program Materials