The ABA Section of Dispute Resolution

The ABA Section of Dispute Resolution
17th Annual Spring Conference
April 15-18, 2015

Programs Tracks with JAMS speakers appear below.

Thursday, April 16 | 9:30 AM - 10:45 AM
Topic: Awarding Attorneys' Fees -- The Art and the Science
Spotlight on JAMS Speakers: Richard Chernick and Michael Young

It is common for arbitration agreements and arbitration rules to provide for the shifting of arbitration and attorneys’ fees and costs. It is often the case that arbitrators consider these issues in the process of issuing the Award. It is unfortunately all too common for arbitrators to apply contractual provisions, rules and legal principles incorrectly; not to provide a thoughtful process to the determination of these issues, and to fail to give sufficient attention in the Award to the proper determination of these issues. A panel of expert arbitrators and a highly regarded attorney fee expert will address these issues and will comment on common errors and best practices.

Thursday, April 16 | 9:30 AM - 10:45 AM
A View From the Trenches: What's Working and What's Not Working with Mediators
Spotlight on JAMS Speaker: Gina Miller
This program features an insider discussion about how mediators manage the mediation process.  Learn from a panel of lawyers with diverse practices about what makes a good mediator stand out from the pack. Hear techniques that work and don’t work with counsel and their clients.  The panel will feature 3 to 4 lawyers who use mediation, and will be moderated by Gina Miller, VP at JAMS, and Mark Travis, mediator/arbitrator with Travis ADR.  Topics include: Mediator interpersonal skills/style; Evaluative v. facilitative mediator; Preparation/follow up; Pros/cons of joint sessions and ex-parte sessions; Best/worst practices for navigating through impasse; Mediator's proposal.

Thursday, April 16 | 11:00 AM - 10:45 AM
The Appropriate Relationship Between Arbitration, Mediation and Settlement
Spotlight on JAMS Speaker: Larry Mills
This interactive session will be led by three experienced arbitrators and mediators. The presenters will discuss the appropriate relationship between mediation, arbitration and settlement as those processes exist along the dispute resolution continuum. We will address the following questions: (1) How can mediation be used to promote earlier, more effective settlement of  disputes in pending arbitrations? (2) What interaction (if any) should the arbitrator(s) have with the mediator? (3) Can mediation or other cooperative approaches be used to set the stage for more  appropriately tailored dispute resolution processes, including   arbitration  procedures? (4) Can med/arb (including variations like mediation and last-offer arbitration) be an effective alternative for resolution of some disputes? (4) What, if any, safeguards need to be established in such approaches?

Thursday, April 16 | 1:30 PM - 2:30 PM
Topic: What You Must Know About Branding Your Practice in 2015
Spotlight on JAMS Speaker: Mark Smalls
In today’s legal market, ADR buyers are sophisticated, well-informed, and have more competent ADR professionals to choose from than ever. In the age of increased competition, shrinking legal budgets, and evolving lawyer media consumption you must strategically position your firm and your practice in the marketplace. You already have a brand, whether you know it or not, now learn how to effectively harness its power. Hear first-hand from frequent ADR users and established experts, how to increase your brand equity, attract the right clients, navigate the changing media landscape, and utilize strategic and compelling marketing tactics.

Friday, April 17 | 7:00 AM - 8:00 AM
ADR Practice Management, Business, and Skills Development Committee
Spotlight on JAMS Speaker: Gina Miller

Friday, April 17 | 7:00 AM - 8:00 AM
International Committee Meeting
Spotlight on JAMS Speaker: Kim Taylor

Friday, April 17 | 9:30 AM – 10:45 PM
Mediation Convening and Intake Best Practices
Spotlight on JAMS Speaker: Kim Taylor

Confidentiality, neutrality, voluntariness and self-determination are critical elements of the mediation process. These principles potentially are challenged when one party wants to mediate, the other party (or parties - family, elder or complex commercial disputes, etc.) has not yet agreed to participate and an ADR provider or individual mediator is asked to help persuade the part(ies) to come to the table. Additional issues pile on when a mediator hears about a dispute and wants to sell the mediation process (and the mediator) to potential parties. Ethics experts and practitioners will conduct an interactive session discussing best practices in convening a mediation.

Friday, April 17 | 11:00 AM - 12:00 PM
Effective Advocacy and Management in Arbitration: Pre-Hearing Preparation
Spotlight on JAMS Speaker: Larry Mills

The second program in a five-part series exploring the role of the "Managerial Arbitrator" and the Advocate's responsibility to the client and the process. Part two will address Prehearing Preparation, including narrowing issues, preliminary hearings and orders, relevant and efficient discovery, dispositive motions, and realistic and effective scheduling. Presented by Fellows of the College of Commercial Arbitrators.

Friday, April 17 | 1:30 PM - 2:45 PM
Topic: The Joint Session is Disappearing -- What’s Your Plan B?
Spotlight on JAMS Speaker: Jay Folberg
It began on the West Coast and has now spread east: “All-caucus” is becoming the norm for commercial mediation. After hellos and a mediator’s opening words, if that, each side goes to separate rooms. What should a mediator do when disputants strongly oppose having a meaningful joint session? What’s behind the trend, and should mediators try to buck or work around it? You’ll hear the results of a special JAMS survey and about techniques suggested by leading mediators. We'll then exchange ideas about how to deal with this new reality in our work.

Saturday, April 18 | 10:45 – 12:00 PM
Asia Pacific International Mediation Summit Roundtable
Spotlight on JAMS Speaker: Kim Taylor

The Westin Seattle
1900 Fifth Avenue
SE 2nd Avenue
Seattle, Washington 98101

For detailed information and to register, visit the ABA Section of Dispute Resolution website.