Event Overview
Tuesday, January 16, 2024
11:30 AM – 1:00 PM — Executive Committee Luncheon | Bryant, Second Floor
1:00 PM – 5:00 PM — CLE Program and Chuck Newman Award Presentation | Sutton South, Second Floor
5:00 PM – 6:00 PM — Reception and Meditation Tournament Awards Presentation | Murray Hill West, Second Floor
Timely Topics: Ethical Awareness; Power in Mediation; Arbitral Decision Making
There’s No Compromising When It Comes to Ethics
The use of mediation is experiencing widespread growth, and with the continuous expansion of mediation and the use of new technologies to address disputes, we face new ethical dilemmas. This panel will present hypothetical scenarios to spark discussion about ethical considerations when mediators (and/or advocates) face these dilemmas. The panel will seek the help of the audience to help navigate these tricky scenarios.
Pulling Back the Curtain on Arbitral Decision Making
Hear the insights of three seasoned arbitrators on the dynamics of arbitral tribunals, the interactions between tribunal members, how tribunals come to consensus (or fail to do so), and the resultant consequences to the arbitral process.
Power in Mediation—Shifting Sands of Getting to Yes
How does power in mediation impact the process, outcome and party satisfaction? What forms of power exist? Who has it, and does it shift during the process? This panel of experienced mediators will explore the concept of power, how it affects the mediation session and how it can promote both positive, productive impact to effect resolution–or be a destructive force, potentially leading to impasse.
Key Highlights and Objectives
- There’s No Compromising When It Comes to Ethics: The attendees will walk away with a heightened sense of awareness about ethical consideration in the mediation setting. The panel looks forward to exploring these issues with the attendees, so that our practitioners are not caught off guard when similar situations arise in actual practice.
- Pulling Back the Curtain on Arbitral Decision Making: Attendees will gain a greater appreciation of the variables influencing the arbitral tribunal’s deliberative process, and how communications among tribunal members may become more efficient and collaborative.
- Power in Mediation—Shifting Sands of Getting to Yes: The attendees will develop an understanding about how power is used in mediation, who has it and how it can be used by both litigator and mediator in a constructive manner to reach resolution. They will learn how and when to utilize or respond to this tool during the process, whether as an advocate or neutral.
Keynote Address By:
Deborah Enix-Ross
Senior Adviser, International Dispute Resolution Group, Debevoise & Plimpton
Keep an eye out for our follow-up Virtual Annual Meeting on February 8, from 1:00 to 5:00 p.m., followed by virtual networking.
The topics are:
- User Experience in Arbitration and Mediation
- Dispute Prevention: Lessons from the Industry
- Can We Collaborate?
General Registration Fee
Required for in-person attendees.
| NYSBA Members | $220 |
| Non-members | $305 |
+plus…
$120 Program Registration Fee
Tuesday, January 16, 2024
3.0 MCLE Credits
2.0 Areas of Professional Practice; 1.0 Ethics
This program is transitional and is suitable for all attorneys
including those newly admitted.
1:00 p.m. – 1:10 p.m.
Welcome and Introductions
Speaker
Jeffrey K. Anderson | Chair, Dispute Resolution Section Managing Partner Anderson, Moschetti and Taffany, PLLC Albany, NY
1:10 p.m. – 1:30 p.m.
Chuck Newman Award Presentation
The Chuck Newman Award, which we will present yearly at the Section's Annual Meeting, recognizes: the ADR practitioner who exemplifies the qualities of Chuck Newman-a devotion to the profession, brilliance of mind, generosity of heart, community-oriented, creative, selfless, compassionate, a mentor to many and a teacher to all.
This award honors each recipient who exemplifies Chuck’s commitment to community and profession.
1:30 p.m. – 2:00 p.m
Keynote Address
Speaker
Deborah Enix-Ross | Senior Adviser, International Dispute Resolution Group, Debevoise & Plimpton
2:00 p.m. – 2:50 p.m.
There’s No Compromising When It Comes to Ethics
The use of mediation is experiencing widespread growth, and with the continuous expansion of mediation and the use of new technologies to address disputes, we face new ethical dilemmas. This panel will present hypothetical scenarios to spark discussion about ethical considerations when mediators (and/or advocates) face these dilemmas. The panel will seek the help of the audience to help navigate these tricky scenarios.
Speaker
Dean W. M. Leslie | Circuit Mediator Civil Appeal Mediation Program U.S. Court of Appeals, Second Circuit New York, NY
Kaitlin Whitingham | NYS Commissioner, Ethics and Lobbying Referee, NYS Commission on Judicial Conduct Principal, Whittingham Law New York, NY
Moderator
Ross Kartez | Partner Ruskin Moscou Faltischek, P.C. New York, NY
1.0 Credit in Ethics2:50 p.m. – 3:05 p.m.
Break
3:05 p.m. – 3:55 p.m.
Power in Mediation—Shifting Sands of Getting to Yes
How does power in mediation impact the process, outcome and party satisfaction? What forms of power exist? Who has it, and does it shift during the process? This panel of experienced mediators will explore the concept of power, how it affects the mediation session and how it can promote both positive, productive impact to effect resolution--or be a destructive force, potentially leading to impasse.
Speaker
Loretta Gastwirth | Partner Meltzer, Lippe, Goldstein & Breitstone, LLP New York, NY
Krista Gottlieb | Resolutionary ADR Center & Law Office Buffalo, NY
Moderator
Jeffrey K. Anderson | Chair, Dispute Resolution Section Managing Partner Anderson, Moschetti and Taffany, PLLC Albany, NY
Mohamed Sweify | Doctor of Law Adjunct Professor Fordham Law School New York, NY
1.0 Credit in Areas of Professional Practice3:55 p.m. – 4:45 p.m.
Pulling Back the Curtain on Arbitral Decision Making
Hear the insights of three seasoned arbitrators on the dynamics of arbitral tribunals, the interactions between tribunal members, how tribunals come to consensus (or fail to do so), and the resultant consequences to the arbitral process.
Speaker
Theo Cheng | ADR Office of Theo Cheng Fellow, College of Commercial Arbitrators New York, NY
Laura A. Kaster | Appropriate Dispute Solutions Fellow, College of Commercial Arbitrators New York, NY
Al Feliu | Feliu Neutral Services Fellow, College of Commercial Arbitrators New York, NY
Moderator
Lorraine D. Mandel, Esq. | Mandel Arbitration and Mediation General Counsel (ret.), XL Group, plc New York, NY
1.0 Credit in Areas of Professional Practice4:45 p.m.– 5:00 p.m.
Concluding Remarks
Speaker
Jill Pilgrim | Chair-Elect, Dispute Resolution Section Founder and Managing Attorney Pilgrim & Associates Arbitration, Law & Mediation LLC New York, NY
5:00 p.m.—6:00 p.m.
Reception and Mediation Tournament Awards Presentation
Keynote Speaker
Deborah Enix-Ross
Deborah Enix-Ross, a senior adviser to the International Dispute Resolution Group of Debevoise & Plimpton in New York City, is the immediate past president of the American Bar Association, the world’s largest voluntary association of lawyers, judges, and other legal professionals.
Enix-Ross served as chair of the ABA’s policymaking House of Delegates and as chair of the ABA Center for Human Rights. As chair of the ABA International Law Section, she co-founded the Women’s Interest Network and worked with the International Bar Association to create its Women’s Interest Group.