ADR for the Tort Litigator: What is it? Which to Choose and How to Prepare
This program is only $50 for Dispute Resolution Section Members! Join the Section and save on this and other Section programs.
Whether you represent plaintiffs or defendants in a personal injury case, this program will inform and educate about the benefits of utilizing alternative dispute resolution (ADR) to achieve successful outcome of your case. In panel format, the wide menu of options available through both the New York State presumptive ADR program as well as private ADR providers will be explored.
The panel will be drawn from the Office of Court Administration, the Judiciary and experienced litigators who will engage in a lively and informative discussion to educate the tort litigator with the goal of being prepared to ethically and properly advise the client on the best form of ADR for the case; and will provide tips on how to best prepare for the mediation, conference or arbitration hearing.”
The agenda includes:
Alternative Dispute Resolution: What is it? Why consider it?
ADR Options in 2020: Public and Private
Which to Choose: How to Advise the Client
How to Prepare: Tips for the Litigator
- October 30, 2020
- 12:00 PM
- 3:00 PM
- Virtual Participation
12:00-12:15 -- Welcome and Introductions
12:15-12:45 – Alternative Dispute Resolution: What is it? Why consider it?
Alternative Dispute Resolution (ADR), most commonly mediation and arbitration, were once barely spoken words in the lexicon of personal injury litigation. But times have changed, and litigators on both sides have embraced these devices to resolve their clients’ disputes. Seasoned litigators will discuss how each works, and why each has its place in achieving the best result for the client.
12:45-1:30—ADR Options in 2020: Public and Private
In 2019, the New York State court system, under the leadership of Chief Judge Janet DiFiore, put into place a presumptive ADR program in its courts. ADR is now in the mainstream of litigated cases, to be administered by judges and personnel on a local level.
Alongside of the public initiative, litigators have a menu of private ADR options available, including organizations as well as practicing attorneys with a broad range of mediation and arbitration process and substantive experience.
Panel members of the court system and litigators and mediators will explain and discuss the options in the public and private spheres, and the relationship between them.
1:30-1:45—Which to Choose: How to Advise the Client
Which form of ADR is right for the case is an important subject of discussion for the attorney to have with the client. In addition, whether to choose a public option- through the court system, or opt for private ADR- involves a number of considerations.
Members of the Panel will weigh in with their thoughts on these important questions.
1:45-2:15—How to Prepare: Tips for the Litigator
Representing the client in mediation or arbitration should be given the same level of commitment as if the case is heading to the courtroom. Spending the time to fully evaluate the case, organize the file, and educating and preparing the client is crucial to success.
Members of the Panel will provide insight into how the attorney can best prepare both the case, and the client, to navigate the chosen ADR process.
In this final segment of the program, a mock personal injury mediation will be conducted, with a plaintiff, plaintiff’s attorney and defense attorney. It’s structure, process and issues commonly encountered will be addressed throughout.
- Jeffrey K. Anderson, Program Chair, Anderson, Moschetti & Taffany, PLLC
- John J. Hopwood, Speaker, Defense Attorney at Marks, O’Neill in NYC
- Justice Christine Ryba, Speaker, Supreme Court Third Judicial District (Albany)
- Lisa Denig, Speaker, Special Counsel for ADR Initiatives, Office of Deputy Chief Administrative Judge George Silver
- David P. Horowitz, Speaker, McNamara & Horowitz LLP
- Dispute Resolution Section