Resolution Roundtable

What might an effective "Mediation readiness" agenda contain?

Please provide your thoughts/comments below.

Thank you Harold Coleman of AAA Mediation.org for contributing this week's question.

The American Arbitration Association® (AAA®) and its international division, the International Centre for Dispute Resolution® (ICDR®), announced the establishment of the AAA-ICDR Foundation® in May 2015. The Foundation has awarded more than $1.6 million since inception. In June 2019, the Foundation issued a press release announcing the sixteen grants it funded in the most recent grant cycle and publicizing that it is now accepting Initial Descriptions of Grant Requests for its 2020 funding cycle.

In its review in this new funding cycle the Foundation's focus will be on innovative and replicable proposals in one or more of the following areas: ADR for vulnerable and underserved populations, ADR for community focused dispute resolution, providing opportunities for dialogue in situations involving racial, ethnic and religious conflict, restorative justice and access to justice in arbitration.

The Foundation remains committed to funding innovative programs in furtherance of its broader mission which includes supporting research and education for promoting high-quality, efficient and fair dispute resolution. Interested organizations or individuals should submit a 1-2-page Initial Description of Grant Requests for its fourth funding cycle no later than October 11, 2019. Go to Foundation for process and forms. For information about the Foundation's mission and the grants it has funded, please visit the Foundation's website at Foundation.

Best,

Edna
Edna Sussman, Esq.
Chair AAA-ICDR Foundation

How can arbitration/mediation of pro se matters be improved?

Please provide your thoughts/comments below?

On July 3rd, the Appellate Division, First Department of New York issued a decision that analyzes the availability of attorneys' fees to the prevailing party in an arbitration. See the following LINK.

What is your view on the discussion of arbitration attorneys' fees laid out in the Appellate Division, First Department's recent decision in Steyn v. CRTV, LLC?

Please provide your thoughts/comments below.

Last week, Arbitrator Michael Lampert wrote a Practical Law Arbitration Blog posting about third party funding and the obligation of the ADR institutions, see the following Link.

What should the institutions do, if anything, with respect to disclosures and third party funding?

Please provide your thoughts/comments below.

Download the below two booklets to have all of the NYSBA Resolution Roundtable blog postings from August 2015 to December 2017. NYSBA is currently putting together the 2018 blog booklet and it should be available shortly.

Blog - DR Roundtable Booklet (003).pdf

DR Insights (1).pdf

If a contract calls for parties to mediate in good faith before arbitrating, what does that mean? Should there be minimum standards and/or acceptable norms?

Please provide your thoughts comments below.

Should there be a rule of thumb for how arbitrators approach repeat appointments? The IBA Guidelines on Conflicts of Interest suggest that appointment as an arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties within the past three years is a conflict that must be disclosed, but can be waived.

Do you think this rule is too strict or too lenient? Are you comfortable with an arbitrator accepting "repeat" appointments if the repeat party (or counsel) is before that arbitrator in an existing case? Would it matter if the existing case was in the beginning stages or on the eve of a hearing?

Please provide your thoughts/comments below.

After an arbitrator issues an award, one of the lawyers who appeared before the arbitrator sends a LinkedIn request. Should the arbitrator accept it? If not, how long should the arbitrator wait before accepting the online connection (if ever)? Would your answer be the same if the lawyer asked the arbitrator for coffee (clearly for networking purposes)?

Please provide your thoughts/comments below.

How should mediators set the stage for positive engagement at mediation?

Please provide your thoughts/comments below.

Thank you Harold Coleman of AAA Mediation.org for this week's question.