Arbitration And Mediation 2021: Best Practices Working Through And Beyond Covid

This one-day conference sponsored by the New York State Bar Association and Fordham Law School will take a comprehensive look at Arbitration and Mediation Best Practices in the time of COVID and beyond—what we have learned and how we can improve ADR in the upcoming post-COVIDS era.

Made up of panels of leading providers, clients, arbitrators mediators, and academics in the ADR field, the conference will conduct an in-the-weeds appraisal of our COVID experiences and how we can use them to improve our delivery of ADR from the perspectives of all interested parties.

The program will include a report by John Kiernan, Chair of the Chief’s Judge’s presumption mediation initiative  and Hon. Lawrence K. Marks, Chief Administrative Judge, New York Court System, as to what we can expect in the coming years by way of increases of cases to be mediated through the court system across the various substantive and geographical areas, including upstate.

The keynote address will be given by Fordham Dean Emeritus John Feerick, one of the founders and foremost leaders of New York’s ADR world for many decades and national leaders in initiating and developing ADR into law school curriculums.

The conference will also take a look at the ethics and inclusion issues that have arisen during COVID and how such issues will  impact arbitration and mediation practice in the coming years, hopefully for the benefit of parties and all who serve them.

The program will close with a panel on ADR practice development in the time of COVID, examining what has worked during this period and what is likely to work going forward in the post-COVID world as we all strive to solidify our practices and the ADR services offered.

Following the close of the formal program, we will have a virtual networking reception for those who would like to attend.

Event Co-Chairs Jeff Zaino and Charlie Moxley have expressed the hope that this joint State Bar/Fordham conference––the 5^th in the series––will have the same impact as prior programs in taking a fresh look at a key contemporary ADR issue, crystalizing our understanding of the area and transmuting our experience into key Best Practices going forward for the benefit of users and all concerns.

CLE Program – 9:00 a.m. – 5:15 p.m.

Virtual Reception – 5:15 p.m. – 6:15 p.m.

8:30-9:00 a.m.
Virtual Check-In

9:00-9:15 a.m.

Welcome and Introductions

Prof. John D. Feerick, Fordham Law School

Laura Kaster, Chair, Dispute Resolution Section

Jonathan Fellows, Chair, Commercial and Federal Litigation Section

Charles J. Moxley, Jr., Program Co-Chair

Jeffrey T. Zaino, Program Co-Chair
Edward K. Lenci, Incoming Chair of the International Section

9:15-10:30 a.m.

The Perspective of Major Arbitration Providers as to Arbitration and Mediation Beyond COVID

Moderator: Jeffrey T. Zaino, American Arbitration Association (AAA)

Panel Members

Marek Krasula, Director, Arbitration and ADR, North America, International Court of Arbitration®  

Mia Levi, CPR: International Institute for Conflict Prevention and Resolution  

Chrystal Loyer – FINRA Dispute Resolution Services

Michal Marra, American Arbitration Association (AAA); International Centre for Dispute Resolution (ICDR) 

Matthew York – JAMS
1.0 Professional Practice; 0.5 Skills

10:30-10:40 a.m.

Break 

10:40-11:35 a.m.

User Perspectives: How Users View the Innovations Brought by COVID and Their Impact Going Forward

Moderator:  Noah Hanft, Acumen ADR LLC

Panel Members  

James Cowan, Associate General Counsel Global Litigation-Americas Shell Oil Company

David M. Goldman, Esq., General Counsel, GAMCO Investors, Inc.

James Masterson,  Senior Vice President and Head of Global Litigation, MasterCard 

Susan Stone, General Counsel, Marsh LLC, Marsh & McLennan Companies
0.5 Professional Practice; 0.5 Skills 

11:35 a.m. – 12:30 p.m.

Perspectives of Arbitrators and Mediators –– Lessons Learned from COVID and Best Practices Going Forward

Moderator: Charles J. Moxley, Jr., MoxleyADR LLC

Panel Members

Hon. Ariel Belen (Ret.), JAMS

William H. Crosby, Jr., Vice President, Associate General Counsel, Interpublic Group

Hon. Carol E. Heckman, Esq. (Ret.), Lippes Mathias Wexler Friedman LLP

Laura A. Kaster, Independent Arbitrator and Mediator
0.5 Professional Practice; 0.5 Skills 

12:30-1:15 p.m.

Lunch

1:15-1:45 p.m.

Keynote Address: The Impact of Our COVID Experience and Contemporary Social Events on Best Practices in Arbitration and Mediation Going Forward

Speaker: Prof. John D. Feerick, Fordham Law School

1:45-2:15 p.m.     

Report on the Chief Judge’s Presumptive Mediation Initiative: What We Can Expect Going Forward

Moderator: Charles J. Moxley, Jr., MoxleyADR LLC

Speakers: 

John S. Kiernan, Esq., Debevoise & Plimpton LLP; Chair, Chief Judge’s Advisory Committee on ADR in the New York Court System

Dan M. Weitz, Esq., NYS Office of Court Administration
0.5 Professional Practice

2:15-3:30 p.m. 

ADR Ethics and Inclusion in the Time of COVID and Beyond

Moderator:  Prof. Jacqueline Nolan-Haley, Fordham Law School

Panel Members 

Theo Cheng, ADR Office of Theo Cheng

Benjamin Davis, Professor of Law, University of Toledo Law School (retired)

Ingeuneal Gray, Co-Chair, Diversity Committee of the American Arbitration Association

Deborah Masucci, Masucci Dispute Management and Resolution Services

David C. Singer, Singer ADR Neutral Services
1.5 Ethics

3:30-3:45 p.m.

Break

3:45-5:00 p.m.  

ADR Practice Development in the Time of COVID – Lessons Learned

Moderator: Elizabeth J. Shampnoi, Shampnoi Dispute Resolution & Management Services, Inc.

Panel Members

Todd L. Drucker, Esq., Regional Practice Development Director, JAMS

Mansi Karol, Esq., American Arbitration Association

Jisook Lee, Associate Director, FINRA Dispute Resolution Services

Helena Tavares Erickson, Senior Vice President, CPR: International Institute for Conflict Prevention and Resolution
1.5 Professional Practice

5:00 p.m.
Q&As, followed by Virtual Networking Reception until 6:15 p.m.