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July 2018 Archives

July 9, 2018

Supplier diversity programs - What are your thoughts?

Supplier diversity programs have helped make marked improvements in the diversity of the attorneys who represent parties in court, arbitration, mediation, etc. Why do you think arbitrators and mediators are routinely overlooked or excluded from a company's supplier diversity program, such that those same criteria are not applied to the selection of neutrals?

Please provide your thoughts/comments below.

July 16, 2018

Final Pre-Hearing Conference - What are your thoughts?

What agenda items do you typically cover in a final pre-hearing conference before an evidentiary hearing? Do you send a checklist or agenda out in advance? Are there sources you would recommend for template agendas?

Please provide your thoughts/comments below.

July 17, 2018

AAA-ICDR Successful Diversity Initiatives

By Mansi Karol and Jeffrey T. Zaino

As part of the AAA-ICDR's continuing effort to expand diversity on the Panel of arbitrators and mediators, the AAA-ICDR collaborated with the Minority Corporate Counsel Association (MCCA) through sponsorship of the MCCA's annual meeting and presentation of an ADR program for its members. The AAA-ICDR also assisted with the conception of a new organization, the ADR Inclusion Network, which focuses on promoting diversity in the ADR community. Two AAA-ICDR staff are proud founding members of the ADR Inclusion Network.

The AAA-ICDR also continued to emphasize diversity in its recruitment of arbitrators and mediators. Executives across every division of the organization actively recruited women and minority candidates who met the criteria established for the AAA-ICDR's panels. As a result, in 2017, the AAA added 78 new women and minority candidates to its Roster. As part of its recruitment efforts, the AAA-ICDR continues to build coalitions and participate in events with national, minority, and local bar associations and law schools around the country in order to provide training and create opportunities for diverse practitioners. Among the initiatives launched in 2017 is a joint recruitment initiative with the National Association of Minority & Women Owned Law Firms (NAMWOLF) to recruit their members for inclusion on the AAA-ICDR's Roster. The AAA-ICDR also successfully partnered with the National Bar Association (NBA) to provide training and recruitment opportunities to its members, which resulted in several of its members being invited to apply to the AAA-ICDR's Roster. Another area of focus was on providing diverse lists of proposed arbitrators to parties on cases and prioritizing diversity in the selection of speakers for the AAA-ICDR's educational programs. Among the cases facilitated by the AAA-ICDR in 2017, 25% of them were managed by diverse panels.

July 22, 2018

Evidence Obtained Improperly - What are your thoughts?

What, if anything, should an arbitrator do if evidence is obtained improperly (e.g., through use of a subpoena signed by an attorney in a case governed by the FAA), but the other party does not object to its use and admission at the evidentiary hearing? Assuming the foregoing conduct qualifies as misconduct under NY RPC 8.4, if the arbitrator is an attorney, does s/he have to report that misconduct under NY RPC 8.3?

Please provide your thoughts/comments below.

July 29, 2018

Non-Neutral Arbitrators - What are your thoughts?

What are some of the practical differences in the manner in which an arbitration proceeding is conducted, and/or deliberations by the panel are handled, when one or more of the arbitrators on a panel are non-neutral (i.e., a Canon X arbitrator)?

Please provide your thoughts/comments below.

About July 2018

This page contains all entries posted to Resolution Roundtable in July 2018. They are listed from oldest to newest.

June 2018 is the previous archive.

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