ADR Leaders' Roundtable: Views from the Top about Key Issues for Successful Arbitrations and Mediations

This unique program will provide insights from two of the best-known and most-experienced ADR leaders about key practical and ethical issues for arbitrations and mediations. The speakers have shaped and are shaping the ADR world because of their positions in their respective organizations, which have collectively conducted millions of arbitrations and mediations. Those speakers are Matt York and Jeff Zaino. 

Matt is a Senior Vice-President at Veritext, LLC and the executive in charge of all its alternative dispute resolution (ADR) services. Veritext recently acquired three leading ADR providers: Resolute Systems, LLC; UWWM; and The McCammon Group, Ltd.

Jeff is the American Arbitration Association's Vice President of the Commercial Division of the American Arbitration Association in New York. He oversees administration of the large, complex commercial caseload, user outreach, and panel of commercial neutrals in New York. 

Paul Gupta will be the moderator and a commentator for the program. He serves on the arbitration and mediation panel of Veritext's Resolute Systems, LLC. His long-time ADR work started three decades ago when he was invited to serve as a neutral for the AAA, and he currently serves on several AAA panels. He was also appointed by the NYS Chief Judge to serve on the Statewide Committee for ADR.

The program will offer expert views on the key issues that drive current ADR proceedings and will drive the future of ADR. We are already at the point where hundreds of thousands arbitrations, and in addition hundreds of thousands mediations, are commenced each year. The numbers for ADR proceedings are growing rapidly year-to-year, in part because of court-sponsored ADR programs.  Arbitrations and mediations are considered by virtually all companies that are involved with disputes, and so virtually all law firms have partners and associates involved with ADR proceedings.

The program will cover the following topics:

1. Why is ADR growing so fast? The speakers will discuss the practical benefits of ADR including: experienced neutrals; confidentiality; enhanced processes; cost and time savings; more predictability than litigation for timelines to resolution and for quarterly budgeting.

2. How are neutrals chosen? The speakers are highly experienced with choosing neutrals, and will offer candid comments about the factors that are considered in choosing neutrals, and the processes in their organizations.

3. What are the current best practices for the use of AI and technology tools? The speakers will discuss their organizations' guidelines and expectations for counsel and for neutrals. They will also discuss new caselaw in this area.

4. What are effective techniques for a successful mediation? After defining success for mediations, the speakers will discuss the potential uses of pre-mediation briefs, plenary and break-out sessions, and mediator's proposals.

5. What are effective techniques for a successful arbitration? After defining success for arbitrations, the speakers will discuss: preliminary hearing issues that should be covered; discovery limitations; rules for technical evidence and experts; when to issue "reasoned awards"; and when to award fees and expenses.

6. How is it decided whether a dispute is arbitrable? The speakers will discuss who decides arbitrability (arbitrators or Judges); issues when there is no fully-executed agreement to arbitrate; multiple contracts with inconsistent provisions; and res judicata.

7. How are arbitration awards enforced? The speakers will discuss: confirmation of awards under the Federal Arbitration Act (FAA); allegations of fraud,"undue means,"evident partiality,"misconduct, and  exceeding authority; "manifest disregard of the law" as a test in some jurisdictions; enforcement in states or countries other than the seat of the arbitration.

This program will benefit anyone who is involved with dispute resolution. If you are, or want to be, an arbitrator or mediator, this program will help you understand the expectations of leading arbitration providers. If you are, or expect to be, counsel in an ADR proceeding, this program will help you present your clients' positions more effectively. If you are a corporate counsel or businessperson who has responsibility for dispute resolution matters, this program will help you understand how to make ADR proceedings more successful and cost-effective. 

Learning Objectives:

1.  Avoid traps for the unwary when disputes arise, and there is an arbitration provision in the relevant contract(s)

2. Understand that when disputes arise, mediation should be considered as an efficient and cost-effective method that can benefit all parties

3. Learn the processes involved with how arbitrators and mediators are selected

4. Obtain the benefits of using AI and technology generally, while navigating the practical and ethical challenges