August 15, 2017

NYSBA Dispute Resolution Section Fall Meeting

SAVE THE DATE - October 26, 2017, NYSBA Dispute Resolution Section Fall Meeting, Brave New World in Dispute Resolution, at New York Law School. Please see the following brochure for more information:

DR Program.pdf

To register, access the following link:http://www.nysba.org/DRS/

August 14, 2017

Emergency Measures - What are your thoughts?

Many arbitral institutions now incorporate emergency measures of protection into the rules. Is there a guiding practice when a party is better served filing for emergent relief in arbitral proceedings as against court? Where there is mutual party agreement, should an emergency arbitrator continue to serve on the case as part of the Tribunal?

Please provide your thoughts/comments below.

August 6, 2017

Review of Awards by ADR Institutions - What are your thoughts?

Some ADR institutions review/edit a Tribunal's award. To what extent, if any, should a Tribunal's award be reviewed and edited by an institution?

How does review/editing vary by institution and within institutions?

Please provide your thoughts/comments below.

July 30, 2017

Social Media and Arbitrators/Mediators - What are your thoughts?

Should arbitrators/mediators be active on social media?

If yes, consider also:

- Which social media platforms?

- Will social media involvement create potential conflicts?

- What should be disclosed when handling a case (i.e., friends, contacts, postings, etc.)? Suggest also any standard language for broad social media disclosure.

Please provide your thoughts/comments below.

July 22, 2017

Trial Time vs. Arbitration Time - What are your thoughts?

Please see the following link to a study on Trial Time v. Arbitration Time:

Study

What are your thoughts/comments on this study? Why are some still reluctant to arbitrate?

Please provide your thoughts/comments below.

July 20, 2017

A Call To Cyberarms: The International Arbitrator's Duty To Avoid Digital Intrusion

Article by AAA Arbitrators Stephanie Cohen and Mark Morril

A Call To Cyberarms.pdf

July 19, 2017

From the Q&A Section of the NYSBA Resolution Roundtable Blog (August 3, 2015 to February 21, 2017)

The Dispute Resolution Section of the New York State Bar Association updated the Resolution Roundtable blog booklet: From the Q&A Section of the NYSBA Resolution Roundtable Blog (August 3, 2015 to February 21, 2017). The booklet now has a searchable table of contents and is organized by various ADR topics. We hope you find this to be a valuable educational resource.

DR Roundtable Booklet.pdf

July 16, 2017

Mediating and Arbitrating the Same Dispute - What are your thoughts?

After a failed mediation, should the parties use the same neutral to then arbitrate the matter? Under what circumstances, given mutual party request and consent? Conversely, when should a neutral decline to serve as arbitrator?

Please provide your thoughts/comments below.

July 10, 2017

Wing Arbitrators - What are your thoughts?

What do you think is the proper role for a neutral wing arbitrator on a tribunal? Does your answer differ if the wing arbitrator is party appointed?

Please provide your thoughts/comments below.

June 25, 2017

Dispositive Motions and Expedited Arbitrations - What are your thoughts?

Should dispositive motions be permitted in expedited arbitrations (e.g. consumer arbitrations) that generally provide for 1 hearing day? Are such motions necessary/useful in this context, designed to obtain a quick result?

(Consider AAA Consumer Arbitration Rule R-33 providing that the Arbitrator may allow a dispositive motion when "the moving party has shown substantial cause that the motion is likely to succeed and dispose of or narrow the issues in the case.")

What are your thoughts/comments? Please provide below.