March 2017 Archives

Circulation of Draft Award - What are your thoughts?

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Should an arbitrator circulate to the parties a draft award (with explanation that it represents tentative conclusions) and provide an opportunity to respond in efforts to: (i) create compromise or conclusion on an issue or (ii) highlight issues as to law or fact, even towards misunderstands of the applicable law or faulty reasoning?

Please provide your thoughts/comments below.

Please see the following program flyer to register:

ComFed.pdf

A Parallel Between Celestial Navigation & Mediation

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By Giulio Zanolla, Esq.

Celestial Navigation Mediation.pdf

Giulio Zanolla is the owner and founder of Zanolla Mediation, an Adjunct Professor at the CUNY Law School Mediation Clinic and Mediation Mentor for the Brooklyn Law School Mediation Clinic. Giulio is a member of the panels of ADR neutrals of the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution (CPR) and the Mediation Program of the District Court for the Southern District of New York. Please visit www.zanollamediation.com for more information.

In August 2015, Resolution Roundtable, the blog site for the Dispute Resolution Section of NYSBA, began posting weekly questions to seek feedback and insights on various alternative dispute resolution (ADR) topics. Traffic to the blog site thereafter greatly increased by ADR users, providers and panelists, with varied responses depending on the topic. Topics included arbitrator selection, disclosures , depositions, ethics, ADR legislation and third-party funding.

Due to the popularity of the site and to promote academic discourse, the Dispute Resolution Section decided to publish the below compilation of all questions and responses, with attribution, from August 3, 2015 to February 21, 2017.

Enjoy!

DR Roundtable Pamphlet.pdf

If an arbitrator sees that an advocate has engaged in unethical conduct, can/should the arbitrator discipline counsel?

Please provide your thoughts/comments below.

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