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The Litigative DNA - The Underutilization of Mediation in New York and What Can Be Done About It

  • Fordham Law School 150 West 62nd Street New York, NY, 10023 United States (map)

THE LITIGATIVE DNA | THE UNDERUTILIZATION OF MEDIATION IN NY

Date: 

Wednesday, May 09, 2018

Time: 

9:00 AM - 5:30 PM Eastern Daylight Time

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*This Program was originally scheduled for Thursday, March 22, 2018.  It has been rescheduled to Wednesday, May 9, 2018.*

The Litigative DNA - The Underutilization of Mediation in New York and What Can Be Done About It

Sponsored by the Commercial and Federal Litigation Section, the Corporate Counsel Section, and by the Dispute Resolution Section.

Wednesday, May 9, 2018
9:00 a.m. - 5:30 p.m.
Program with Reception to Follow

Fordham Law School
Constantino & Bateman Rooms
150 W 62nd St.
New York, NY 10023

8.0 MCLE Credits: 1.0 Ethics, 7.0 Areas of Professional Practice

View the program flyer here.

NYSBA Member: $225 | Non-Member: $325
Commercial and Federal Litigation Section Member: $150
Corporate Counsel Section Member: $150
Dispute Resolution Section Member: $150
Co-Sponsoring Organization Member: $150
Judicial Section Member: Free
(Contact the NYSBA Member Resource Center to Register at 800-582-2452)

Registration fee includes continental breakfast, lunch, and post-program reception.

Click here to view the full agenda.

This joint program of the Commercial and Federal Litigation, Corporate Counsel, and Dispute Resolution Sections will explore the contemporary role of mediation in New York and the potential expansion of that role along the lines of initiatives that have taken place in other jurisdictions.

The program will also address the substantial need for additional mediators and trained mediation counsel if the use of mediation is substantially increased in the courts in New York.

Speakers will include representatives of court systems from New York (Federal and State) and other jurisdictions to examine what happens when court systems substantially increase the number and types of cases that are sent to mediation.  Speakers will also include mediators, party representatives, and representatives of mediation providers, including the American Arbitration Association, JAMS, CPR, and FINRA.

Leading judges and Bar leaders will also speak at the conference to discuss the possible increase in the use of mediation in New York and how that might be caused to happen.

The program is appropriate for inside counsel, litigators, mediators, judges, ADR providers, and others interested in the present level of mediation provided by the courts in New York and the potential for expanding that level of mediation.

Agenda

8:30-9:00 a.m.                         Registration

9:00-9:15 a.m.                    Welcome and Introductions

                Prof. John D. Feerick, Fordham Law School

                Charles J. Moxley, Jr., Program Co-Chair

                Jeffrey T. Zaino, Program Co-Chair

9:15-10:15 a.m.                       Effectiveness of Mediation––and Efforts of the New York Bar to Increase the Use                                               of Mediation in the New York Courts: The Ethical Imperative

Moderator:  Charles J. Moxley, Jr., MoxleyADR LLC

Panel Members

Simeon H. Baum, Resolve Mediation Services, Inc.

Krista Gottlieb, ADR Center & Law Office

Chris Stern Hyman, Medical Mediation Group, LLC

Deborah Masucci, Chair, International Mediation Institute

Paul D. Sarkozi, Tannenbaum Helpern Syracuse & Hirschtritt LLP

David C. Singer, SingerADR

10:15-10:30 a.m.                     Break

10:30 a.m.-11:30 a.m.            Levels of Use of Mediation by Private Providers and in the Ad Hoc World                                                        – and Reasons There is Not a Greater Level of Use

Moderator:  Jeffrey T. Zaino, American Arbitration Association

Panel Members

Steven C. Bennett, Park Jensen Bennett LLP

Tracey B. Frisch, Esq., American Arbitration Association

Hon. Helen E. Freedman, JAMS

Noah J. Hanft, CPR International Institute for Conflict Prevention & Resolution

Chrystal Loyer, FINRA

William K. Slate II, Dispute Resolution Data

11:30 a.m.-12:45 p.m.                     The User Perspective – How Parties and Counsel in New York Feel About                                                the Level of Mediation Offered and/or Required by the Courts and ADR Providers

               Moderator:  Adam J. Halper, Legal Wellness Institute at the Family Center

Panel Members

Krista Gottlieb, ADR Center & Law Office

Yun G. Lee, American International Group, Inc.

Gary P. Shaffer, Shaffer Mediation

Elizabeth Shampnoi, NYC Commission on Human Rights

Stephen P. Younger, Patterson Belknap Webb & Tyler LLP

12:45-1:30 p.m.                       Lunch

1:30-2:00 p.m.                         Keynote Address:  The Compelling Case for Increasing the Use of Mediation in                                               New York

                                                Prof. John D. Feerick, Fordham Law School

2:00-3:30 p.m.                         Levels of Use of Mediation in Various Court Systems, Analysis of the Success, and                                           Reasons for the Differences

              Moderator:  Prof. Jacqueline Nolan-Haley, Fordham Law School

              Panel Members
             
             Stephen A. Marshall, Dentons U.S. LLP

Administrators of New York Court-Based Mediation Programs:

Lisa Courtney, NYS Unified Court System

Barry Radlin, U.S. District Court, WDNY

Kathleen M. Scanlon, U.S. Court of Appeals for the Second Circuit

Robyn Weinstein, U.S. District Court, EDNY

Other Jurisdictions (by videoconference):

Nicholas Hall (Texas)

Gail Killefer (California)

Susan C. Marvin (Florida)

3:30-3:45 p.m.                         Break

3:45-5:30 p.m.                         The Future of Mediation in New York: What to Do

Moderator:  Charles J. Moxley, Jr., MoxleyADR LLC

Judges

Hon. Lawrence K. Marks, N.Y. Chief Administrative Judge

Hon. George B. Daniels, U.S. District Judge, SDNY

Hon. William M. Skretny, U.S. District Judge, WDNY

              New York State Bar Association and City Bar Presidents

Sharon Stern Gerstman, President, NYSBA (via phone conference)

Claire P. Gutekunst, Former President, NYSBA

John S. Kiernan, President, City Bar Association

Stephen P. Younger, Former President, NYSBA

5:30 p.m.                                 Adjournment

Program Co-Chairs
Charles J. Moxley, Jr. , Esq. 
| MoxleyADR LLC
Jeffrey T. Zaino, Esq. |  American Arbitration Association

Please click here to view faculty biographies

Newly Admitted Attorneys: To receive skills credit, newly admitted attorneys must take accredited transitional CLE courses in traditional live classroom settings that have been approved by the CLE Board for use by newly admitted attorneys.  For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.

Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey.  If you require MCLE credit in other states, we can provide you a Uniform MCLE Form.

Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.

To register for this program please click on the link below or contact the NYSBA Member Resource Center at 800-582-2452 or mrc@nysba.org.

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To view the full list of Continuing Legal Education Programs, click here.

 IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.

Address:

Fordham Law School
Constantino & Bateman Rooms
New York, NY 10023

Earlier Event: February 9
THE AAA® HIGGINBOTHAM FELLOWS PROGRAM
Later Event: May 10
ADR Inclusion Network Meeting