| Thursday, April 8, 2010 |
| |
Series A |
10:00 - 11:30 a.m. |
A2 The Managerial Arbitrator
Three experienced arbitrators will discuss key issues confronting arbitrators in managing arbitrations from preliminary hearing through evidentiary hearing. Topics include neutrality and disclosure issues, parallel arbitration or court proceedings, subpoena issues, pre-hearing exchanges, motions and briefs, time management and logistics, hearing and managing the evidence, and closing the record. The panel will use video clips from a hypothetical arbitration as demonstrations.
JAMS Speaker: Richard Chernick, Los Angeles, CA
|
|
Series A |
10:00 - 11:30 a.m. |
A10 Mandatory Employment Arbitration: Experience Shows Unexpected Results for Employers and Employees
Employers that have experimented with mandatory arbitration provisions find that discovery issues, parallel litigation, arbitrator's fees and other elements sometimes make arbitration not the expeditious and inexpensive panacea they hoped it would be. For employees, many of whom expected to suffer from the curse of repeat player syndrome and low awards, the limited use in arbitration of dispositive motions, post-award motions, and limited grounds for appeal has made arbitration a preferred forum for winning and retaining damages. The panel will discuss how mandatory employment arbitration is and is not living up to its expectations. (Co-sponsored by the ABA Labor & Employment Section)
JAMS Speaker: Michael Lewis, Washington, DC
|
|
Series C |
2:45 - 4:15 p.m. |
C9 Mediating Healthcare Disputes and Conflicts That Arise in Hospital Settings
A hospital setting is a world of its own and quite unlike that of most other corporations. We propose to open the door to this world and introduce mediators to hospital mindsets and hierarchies. Our proposal discusses specialized training in healthcare mediation, for certified mediators with healthcare backgrounds. The training, while specifically aimed at conflict resolution in the area of interpersonal disputes, employment and transactional issues in a healthcare institutional setting will provide an overview of the rules and regulations in healthcare, and an in-depth understanding of the particular problems which give rise to disputes in this arena. The session will address the roles of physicians, administrators, lawyers and policy-makers, and their interaction, or more likely, non-interaction, which is frequently the basis for significant conflict. In a changing healthcare world, increasing communication and understanding are necessary changes which skilled mediators can help to develop, while building lasting relationships that will eventually benefit all parties and the patients they serve.
JAMS Speaker: Jerry Roscoe, Washington, DC
|
|
|
|
|
| |
Series D |
4:30 - 6:00 p.m. |
D3 Gazing Into the Crystal Ball -- What Will Business Conflict Look Like in 25 Years?
Twenty-five years ago very few businesses used mediation and ADR wasn't mainstreamed into business law. Few had heard of the Internet, almost no one did business on it, and the idea of resolving business disputes on it was barmy. With the understanding that 25 years hence will look nothing like what we can imagine today, let's imagine it anyway. What will business dispute resolution look like in 25 years?
JAMS Speaker: Jay Folberg, University San Francisco School of Law, San Francisco, CA
|
| Friday, April 9, 2010 |
| |
Arbitration Plenary |
8:30 - 10 a.m. |
Let’s Get the Lead Out!
How Arbitrators, Outside Counsel, Clients and Providers Can Make Business-to-Business Arbitration Faster and Less Expensive
JAMS Moderator: Judge Curtis E. von Kann (Ret.), President, College of Commercial Arbitrators, Washington, DC
JAMS Keynote Speaker: Thomas J. Stipanowich, Professor and William H. Webster Chair in Dispute Resolution, Pepperdine University School of Law, Malibu, CA
|
| |
Series E |
10:15 - 11:45 a.m. |
E3 Weinstein International Fellows - A Visitor's View of ADR in the U.S.
The Weinstein International Fellowship Program, inaugurated in 2008, provides opportunities for outstanding ADR professionals from diverse countries to observe and study the practice of ADR in the U.S. Their activities vary but include observing mediations at multiple JAMS centers, visiting court ADR programs, and interviewing community mediators, all for the purpose of advancing dispute resolution in their home countries.
JAMS Foundation Executive Director: Jay Folberg, University San Francisco School of Law, San Francisco, CA
JAMS Foundation Weinstein International Fellows:
Badri Bhandari, Nepal
Ximena Bustamante, Ecuador
Tsisana Chamlikashvili, Russia
Orouba Qarain, Jordan
Srdan Simac, High Commercial Court of the Republic of Croatia
|
| |
|
10:15 - 11:45 a.m. |
E5 Stories Mediators Tell
Stories are powerful! Their capacity to engage listeners and to generate understanding is immense. Veteran mediators in this session will talk about a case (or a fictionalized version of a case if confidentiality requires) designed to make a point regarding mediation's potential to shift parties towards more constructive engagement with one another. An opportunity for audience questions and interactions will follow each story.
JAMS Speaker: Margaret L. Shaw, New York, NY
|
| |
Series F |
12:45 - 2:15 p.m. |
F2 Deal or No Deal: Overcoming Multi-Dimensional Barriers to Effective and Efficient Mediation of Disputes
Decisional errors are costly – especially in litigation. Drawing on law, economics, and psychology, we will explore ways to identify and reduce decisional errors while improving party communication. Using animated outcome scenarios and conventional decision trees as a vehicle to process and communicate dynamic information, we test evolving models with new information while recognizing that they are no substitute for rigorous case analysis. Visual scenarios focus parties on future outcomes. That future focus often helps litigants crystallize decisions and move from impasse to efficient deal.
JAMS Speakers: Fern M. Smith and Jay Folberg, San Francisco, CA
|
| |
Series G |
2:30 - 4 p.m. |
G12 Resolving Construction Disputes in the Recession Tri-fecta (No money, No Insurance and No Customers)
Although the housing market may be poised for a turnaround, the construction industry may never return to the way things were. New legislation, judicial pressures, failing insurance companies and desperate litigants have all converged to create a resolution morass. Our panel of experts will delve into the current and likely future states of construction disputes and will share their insights as to what has and has not worked in their attempts to resolve them.
JAMS Speaker: Michael Timpane, Walnut Creek, CA
|
| |
Series H |
4:15 - 5:45 p.m. |
H12 Reining in Costs and Delays in Commercial and Construction Arbitration
Experienced arbitrators and advocates will share effective strategies for containing costs and managing the clock in arbitration. Topics include: discovery shortcuts that work (and those that don't); effective use of a bifurcated proceeding; balancing the parties' need for information with the arbitration goal of less discovery; how to manage delay-causing tactics; how to pre-select arbitrators who will commit to a faster hearing date; plus, contract drafting tips to prevent disputes after the arbitration proceeding has begun.
JAMS Speakers: R. Wayne Thorpe and John W. Hinchey, Atlanta, GA
|
| |
Awards Dinner |
7:00 - 10:00 p.m. |
Awards Dinner Gala and a Night at the Mediation Improv!
2010 D’Alemberte-Raven Award
The Honorable Warren Knight (Ret.), JAMS Founder
Awards Dinner Venue:
The Julia Morgan Ballroom at the Merchant Exchange Building
465 California Street, 15th Floor
San Francisco, CA |
| |
|
|
|
April 7-10, 2010
Hyatt Regency San Francisco
5 Embarcadero
San Francisco, CA
For the complete conference agenda and to register, visit: www.abanet.org. |
| |
|
|
|