American Bar Association Section of Dispute Resolution 16th Annual Spring Conference

The ABA Section of Dispute Resolution
16th Annual Spring Conference

Programs Tracks with JAMS speakers appear below.

Managing the Complex Business Case in ADR
Concurrent Session D | Thursday, April 03, 2014 | 3:00 PM-4:15 PM
JAMS Speakers: Joseph Farina (Retired Chief Judge 11th Judicial Circuit); Jeffrey Grubman, Esq.; and Ronald Ravikoff, Esq.
Actions to be taken by the mediator and counsel to ensure that the mediation of a complex business dispute is successful for all involved. The presentation will address actions that counsel and the mediator should be taking after scheduling the mediation but before the mediation session and actions to be taken during the formal mediation session. The importance of pre-mediation session communications between the mediator and counsel (and/or the parties), the use of the joint session including whether and how counsel should make opening statements, and tools to be utilized to avoid impasse will all be discussed.

Party-Appointed Arbitrators in Tri-Partite Arbitration: Rules, Ethics, Myths and Realities
Concurrent Session B | Thursday, April 03, 2014 | 11:15 AM-12:15 PM
JAMS Speaker: Zela Claiborne, Esq.
The use of party-appointed arbitrators (neutral and non-neutral) in tri-partite arbitrations has always been an important—and now growing—part of major commercial dispute resolution. This interactive panel discussion, led by three experienced arbitrators who have served collectively both as party-appointed neutrals and as panel chairs in a substantial number of major cases in many industries nationally and internationally, will address the following issues in tri-partite cases: pros/cons of panels versus solo arbitrators; applicable rules and ethical restraints; potential controversies; selection of party-appointed arbitrators; chair selection; panel functioning; and related topics.

"Exceeded Powers": Exploring Recent Trends in Cases Challenging Arbitration Tribunal Authority
Concurrent Session F | Friday, April 04, 2014 | 9:00 AM-10:15 AM
JAMS Speakers: Zela Claiborne, Esq. and Lawrence Mills, Esq.
The most frequently asserted, and most frequently successful, statutory ground for vacatur of an arbitration award is that the arbitrators "exceeded their powers." Building on their past statistical studies of the results of post-arbitration court cases in which the losing parties sought to vacate arbitration awards, the presenters recent study of "exceeded powers" cases suggests certain recurring themes where challenges to awards were successful as well as when they were not. This program will identify risky actions to be avoided by arbitrators and provide guidance for award drafting to protect the finality of the award.

Exploring the Crossroads of Diversity and Psychological Issues in Mediation and Negotiation
Concurrent Session I | Friday, April 04, 2014 | 2:30 PM-3:45 PM
JAMS Speaker: Marvin Johnson, Esq.
This interactive workshop will focus on diversity issues in mediation and negotiation, especially the impact of emotions and such psychological phenomena as cognitive biases on diversity issues. The presenters will describe four pathways that meet at the crossroads of diversity and psychology. The first pathway is the internal psychological awareness of the mediator or negotiator. The second is the psychological dynamic among the participants. The third is the diversity awareness of the mediator or negotiator. The final pathway is the diversity dynamic among the participants. The workshop will include short presentations, small group discussions, and skill-building exercises.

The Mystical Art of Mediation Ethics-Does the Success of a Settlement Justify the Means?
Concurrent Session A | Thursday, April 03, 2014 | 9:45 AM-11:00 AM
JAMS Speaker: Kimberly Taylor, Esq., Senior VP and Chief Operating Officer
An interactive discussion session will be led by three experienced mediators, dealing with the prickliest ethical issues encountered in mediation: for experienced mediators, advocates and in-house counsel, who should come prepared to weigh in. Among the topics: What should be the limits of the requirement for good faith participation? Where are the lines drawn between puffing and outright lies and who determines and enforces those lines? Is the confidentiality of mediation sacrosanct and what are the duties of the various participants to each other to maintain that confidentiality? Plus other similar conundrums.

Mediating Physician and Hospital Business Disputes in the Rapidly Changing Healthcare Environment
Concurrent Session D | Thursday, April 03, 2014 | 3:00 PM-4:15 PM
JAMS Speaker: Brian Parmelee, VP - Corporate Development and Panel Relations
Hospitals and physicians have long experienced employment-related business disputes that end up in civil litigation. With the Affordable Care Act and other factors driving consolidation and hospital acquisition of physician practices, the contractual and employment-like relationships between these two groups are expanding, and giving rise to active conflicts and litigation. This session will discuss how mediators and healthcare lawyers can effectively mediate these disputes, resolve or avoid litigation, and preserve the parties' business and professional relationships. This program will appeal to mediators interested in this growing business opportunity as well as healthcare lawyers and business litigation lawyers.

International Arbitration and Mediation: How is it Different from Domestic Arbitration and Litigation Practice?
Concurrent Session H | Friday, April 04, 2014 | 1:00 PM-2:15 PM
JAMS Speaker: Lorraine Brennan, Esq. - JAMS International
Session I: Overview of important practical and legal differences between international arbitration and U.S. domestic arbitration and U.S. domestic litigation, on the other hand. Experienced international arbitration practitioners will discuss significant differences in case management and process. Session II: Overview of core aspects of roles of the US courts with respect to international arbitrations, including (i) prior to and at initiation of the arbitration, (ii) during arbitral proceedings and (iii) after conclusion of the arbitration. Speakers will address the current state of the draft ALI Restatement (Third) of the Law of International Arbitration.

International Mediations: Why Are They Different?
Concurrent Session C | Thursday, April 03, 2014 | 1:30 PM-2:30 PM
JAMS Speaker: Lorraine Brennan, Esq. - JAMS International
This presentation will explain how international mediations differ from domestic mediations. Those differences include selection of the location, the mediator, the language, the approach, and the legal and cultural considerations. The presenters will compare the different customs or approaches in the United States, Europe and Latin America, from facilitative to evaluative, and how to prepare for those differences. It will also discuss how prevalent the use of mediation is in these regions of the world and how mediations can complement other forms of ADR where they are not as widely used.

Women in ADR : Two Generations Speak
Concurrent Session C | Thursday, April 03, 2014 | 1:30 PM-2:30 PM
JAMS Speaker: Mercedes Bach (Retired Judge)
Today's women law students learn the fundamentals of ADR theory and procedure in the classroom. Their views on the process and its place in the practice of law are very different from those of their lawyer mothers, women who pioneered ADR over the past 20 years. Our panelists are two mothers and daughters who engage in ADR. The mothers: The Hon. Mercedes Bach, a retired circuit court judge with JAMS in Miami and Carol Soret Cope, a former litigator. The daughters: Caroline A. Soret, Geico Staff Counsel at the law offices of Timothy W. Harrison, and Alexandra Bach Lago, who practices law in Miami.

How Law Firm Trends Affect ADR: Will the "New Normal" Impact ADR?
Concurrent Session H | Friday, April 04, 2014 | 1:00 PM-2:15 PM
JAMS Speaker: Chris Poole, President and CEO
Chris Poole, CEO of JAMS, will moderate a panel composed of a top legal consultant, a managing partner of a top 100 law firm and an executive from ALM, the leading publication covering the legal business around the world. Learn about what law firms are doing to compete in a more challenging and competitive global market, and how that may affect ADR and ADR professionals in the future.

Opportunities at Domestic Provider Organizations
Saturday, April 05, 2014 | 9:00 AM-9:45 AM
JAMS Speaker: Brian Parmelee, VP, Corporate Development and Panel Relations
How does one get on the roster of a domestic provider? Once on a roster, what are the criteria used to propose a neutral for a case? What suggestions can be made to improve the chances of being named a neutral? Panelists will discuss the process of getting nominated by a domestic provider organization.

Professional Organizations to Broaden Your Networking Opportunities
Saturday, April 05, 2014 | 11:00 AM-11:45 AM
JAMS Speaker: Lorraine Brennan, Esq. - JAMS International
What role do the professional organizations play in identifying and encouraging underrepresented talent in dispute resolution? How does one become involved and take on more significant roles within a given professional organization? Panelists will discuss the role of professional organizations in enhancing the careers of potential neutrals.

Guerilla Practice Development
Saturday, April 05, 2014 | 1:30 PM-2:30 PM
JAMS Speaker: Gina Miller, Vice President, Southwest Region
What does one do to develop one's practice? What are the pitfalls and opportunities in such efforts. Panelists will discuss the types of efforts that can lead to practice development.

Location:
Hyatt Regency Miami
400 SE 2nd Ave.
Miami, Florida