Dispute Resolution Section 2026 Fall Meeting: Dispute Resolution – The Evolving Landscape

12:15 – 1:50 pm (1 ¼ hrs – 1.5 CLE Credits – Professional – Skills)

Arbitration Pre-Hearing Filings and Merits Evidentiary Hearings Through the Lens of Arbitrators 

Program Description:

This program on arbitration pre-hearing filings and evidentiary merits hearings provides insight as to the different approaches taken by arbitrators with respect to pre-hearing filings including witness lists, witness statements, exhibit lists, exhibits, pre-hearing memoranda and the final pre-hearing conference. We will also be discussing the various practices used by arbitrators in conducting the evidentiary hearings including, among other topics, opening and closing statements, admission of documentary evidence, use of demonstratives, direct and cross-examination of witnesses, expert witness testimony and post-hearing briefs. You will hear from arbitrators as to what they need and want in order to conduct a full, efficient and fair hearing and to receive evidence that enables Arbitrators to render a thorough Award. 

Moderator: 

• Loretta Gastwirth, Esq.: Arbitrator & Mediator; Chair – NYSBA DR Section

Panelists: 

• William Crosby, Esq.: Former Chair – NYSBA DR Section; Chief Legal Officer, Litigation, Omnicom Group, Inc. 
• Jennifer Lupo, Esq., Chair Elect – NYSBA DR Section; Lupo Dispute Resolution Services, PLLC
• Richard Ziegler, Esq., Mediator, Arbitrator and ADR Advisor, Acumen ADR LLC

1:50- 3:05 pm (1 ¼ hrs – 1.5 CLE Credits – Professional – Skills)

Civil Collaborative Practice. The Evolution of Dispute Resolution

Program Description: 

Collaborative Practice is an internationally recognized sophisticated dispute resolution process whereby clients actively participate in a structured interest-based negotiation with the sole purpose of reaching a settlement outside of court. Clients, supported by their respective collaboratively trained attorneys and any jointly retained neutrals, actively contribute to the settlement process. 

Attendees will be introduced to the Civil Collaborative Practice structure, understand interdisciplinary teams and roles in a commercial setting, address its ethical compliance, learn about its application to the unique strengths and challenges of a family business and employment context, and discover how they too can make Collaborative Practice a part of their dispute prevention and conflict resolution offerings. 

Moderator:  

• Hon. Marilyn Genoa (ret.): Secretary-NYSBA DR Section; Synergist Mediation, Mediation Division of Genoa & Associates P.C.; Vice Pres.- Global Collaborative Law Council

Panelists: 

• Marc Sheridan, Esq.: Markus & Sheridan, LLP, Civil Collaborative Trainer; IACP Trainers Networking and Development Group; Board Member -Global Collaborative Law Council; Westchester County Bar Association – President-Elect 
• R. Paul Faxon, Esq.: R. Paul Faxon LLC; Civil Collaborative Trainer; President -Global Collaborative Law Council 

3:30- 4:15 p.m. (1 ¼ hrs – 1.5 CLE Credits -Diversity, Inclusion & Elimination of Bias) 

Neurodiversity in the ADR Room: Rethinking Accessibility and Engagement

Program Description:

As ADR continues to evolve, the field must recognize that traditional mediation and arbitration processes are not always designed with neurodiverse participants in mind. This panel will examine how conflict resolution professionals can create more accessible environments that foster equity and fairness. From sensory-sensitive hearing spaces to flexible communication methods and modified intake procedures, participants will explore practical strategies to enhance inclusion and reduce barriers. Panelists will also highlight case examples where adaptations led to more effective and empowering outcomes for all parties.

Moderator: 

• Robin Gise, Esq., JAMS Neutral and Adjunct Professor, Columbia and Cardozo Law Schools

Panelists:

• Shakiya Wright-McDuffie, National Senior Practice Development Manager, JAMS
• Iyana Y. Titus, Esq., NYC Parks, Ass’t Commissioner for Diversity, Equity, Inclusion & Belonging
• Tracy Powell-Rudy, M.S., Vice President of Corporate Engagement, Integrate Autism Employment Advisors
• Katrina Nobles, Esq., Mediator and Director of Conflict Programs at Cornell University

Program 4 – 4:15 – 5:15 p.m. (1 hr -CLE credit in Ethics and Professionalism and/or Cybersecurity, Privacy and Data Protection (Ethics) 

When the Neutral Gets Hacked: Cybersecurity and Ethical Obligations for Dispute Resolution Professionals

Program Description:

As alternative dispute resolution has firmly cemented itself in the digital realm, relying heavily on virtual platforms, cloud computing systems, and multiple digital communications technologies, arbitrators and mediators have become attractive targets for cyber criminals. Neutrals routinely handle highly sensitive commercial data, trade secrets, proprietary intellectual property, and personal information. But what happens when the security of the neutral itself is compromised? Breaches can compromise the confidentiality of the parties and their data and can call the integrity of the entire proceeding into question.

This program addresses the critical intersection of cybersecurity and professional responsibility uniquely tailored for dispute resolution professionals. Our panelists will examine the modern threat landscape confronting alternative dispute resolution, unpack a neutral's ethical duties regarding technological competence and confidentiality, and explore practical frameworks to prevent, mitigate, and respond to cyber incidents.

Panelists:

• Jenna F. Karadbil, Esq.: Founder, Law Office of Jenna F. Karadbil, P.C.
• Kaylin L. Whittingham, Esq.: Founder, Whittingham Law
• Cybersecurity Expert, TBA.

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