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Alternative Dispute Resolution: A Comprehensive And Practical Review (Part 2)

(1k+ reviews)

Produced on April 30, 2019

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Course Information

Time 1h 3m
Difficulty Intermediate
Topics covered in this course: Alternative Dispute Resolution

Course Description

This program, jointly presented by a neutral and an advocate, will guide attorneys through best practices in connection with Alternative Dispute Resolution (ADR), and is geared to both private practice and in-house attorneys. In the second of two segments, the course will focus on how to effectively prepare for and participate in both arbitration and mediation, while addressing the trends toward mediation in both Federal and State Courts. The program will include practical and experience-based suggestions and advice.

Learning Objectives:

  1. Review best practices in preparing for both mediation and arbitration
  2. Discuss what to expect in connection with mediation and arbitration
  3. Effectively advocate for your client in an ADR forum

Credit Information

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Michael H. Masri

Meltzer, Lippe, Goldstein & Breitstone, LLP

Michael is a Partner in the Firm's Employment & Labor and Litigation Practice Groups.

Michael has extensive experience counseling and representing employers in employment discrimination and other labor and employment issues before Federal Courts, State Courts, Administrative Agencies and Arbitration Panels. Michael also has extensive litigation experience representing businesses in connection with trade secret, unfair competition, dissolutions and other commercial matters. In addition, Michael has unique knowledge regarding the use of electronic data in modern litigation.

Michael's successes include obtaining an award of compensatory damages, punitive damages, attorneys' fees and costs in an unfair competition litigation where, among other things, Michael persuaded the Court to order electronic discovery of defendants' computers in a case of first impression which resulted in the Court finding an adverse inference ruling.

In addition to advising clients with respect to commercial, corporate and other matters, Michael regularly counsels clients concerning separation of employment, reductions in force, leave policies, computer policies, personnel practices, wage hour, union representation elections, collective bargaining, strikes, picketing, OSHA and other matters. Michael's clients include technology, communication, healthcare, securities, construction, manufacturing, not for profit, real estate, food service and transportation businesses.

Michael has represented employers in connection with investigations, charges, hearings, complaints and appeals before Federal and State Administrative Agencies including but not limited to the National Labor Relations Board, the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, the United States Department of Labor, the New York State Department of Labor and the New York State Workers Compensation Board.

Michael drafts employment handbooks, employment agreements and separation agreements affecting thousands of employees throughout the country and provides management training for both large and small companies.

Michael also counsels and represents insureds and insurance companies in connection with employment practice liability matters.

Michael regularly teaches continuing education courses and lectures to professional groups and the business community concerning employment and electronic data issues.

Michael previously worked at the National Labor Relations Board where he investigated unfair labor practice charges and conducted union representation elections. Michael also served as a clerk for the Chief Administrative Law Judge for the Regional Office of the Equal Employment Opportunity Commission.

Loretta M. Gastwirth

Meltzer, Lippe, Goldstein & Breitstone, LLP

Loretta Gastwirth is a seasoned litigation partner and chair of the Alternative Dispute Resolution practice group at Meltzer, Lippe, Goldstein and Breitstone, LLP, involved in commercial, contract, insurance, intellectual property, trade secrets, securities, employment, business ownership, construction and Indian Gaming law litigation, arbitration, mediation and appeals. Long Island Business News has recognized Loretta as one of the Top 50 Business Women on Long Island in 2005 and 2013 and “Who’s Who” in Women Professional Services in 2010. In 2018, Loretta was honored by the Long Island Press as a Long Island Power Woman in Business.

Loretta has become well known for her work in mediation and arbitration – i.e., alternative dispute resolution. She serves as an arbitrator on the prestigious Commercial and Construction Arbitration Panels of the American Arbitration Association since 2005, determining construction and commercial matters in various industries including complex matters involving oil and gas, brokerage, software and manufacturing industries.

Loretta is also a Certified Mediator for the New York State Supreme Court with additional qualifications in commercial disputes. She serves on the Panel of Mediators for the American Arbitrators Association, the New York, Nassau, Westchester and Queens County Court Commercial Divisions, and the Nassau County Bar Association Panel of Arbitrators and Mediators.

Loretta has provided continuing education lectures to attorneys on mediation and arbitration. Loretta’s “inside” experience as an arbitrator and mediator has enabled her to provide invaluable insight to her clients who are involved in arbitration, trials and mediation. Loretta has arbitrated and mediated cases on behalf of her clients in many venues and before many domestic tribunals, most often the AAA and FINRA, as well as international tribunals.

Loretta started her career at Simpson, Thacher & Bartlett, litigating large securities fraud matters. She moved to a premiere entertainment litigation firm, representing such clients as Mick Jagger, Luther Vandross and Leona Helmsley, and later left Manhattan to join Meltzer Lippe in 1993. Loretta was a Notes and Comments editor for the Cardozo Law Review, graduated magna cum laude from both Cardozo Law School and SUNY Albany, School of Business and clerked for U.S. District Judge Jerry Buchmeyer in Dallas, Texas, who was voted Best District Judge by the American Law Journal her clerkship year.

Loretta’s commercial litigation often involves high technology and intellectual property cases, including a large international telecommunications arbitration representing the government of Taiwan, software infringement, development and implementation cases for private as well as publicly traded companies and copyright and trademark infringement and unfair competition cases for Ross Perot, book publishers, the manufacturer of Red Stripe Beer, an airplane motor parts manufacturer and distributor of commercial washers and dryers. She has also developed an expertise in Indian Gaming law representing a developer and manager of an Indian casino in actions against an Indian tribe and a major gaming company and a number of important Indian gaming law decisions were issued in her cases. Her commercial litigation experience is varied, encompassing actions involving breach of contract, trade secrets, construction matters, insurance, zoning law, equipment leasing, securities, licensing disputes, partnership, member and shareholder disputes, derivative and dissolution actions and proceedings, petroleum pollution, wetlands issues, employment matters and intellectual property litigation. The firm’s clients are often confronted with employment issues and Loretta has counseled and successfully defended them before agencies, courts, arbitration panels and mediators. She is experienced in matters involving defamation claims, trade secrets, covenants not to compete or solicit, qui tam whistleblower cases, discrimination claims and compensation claims, including those of highly compensated employees.

Loretta is the chair of the Executive Committee of the Cardozo Alumni Association, consisting of 14,000 alumni. She is Co-Chair of the Cardozo Long Island Alumni Club, is active in the Red Ground Civic Association and plays golf with the Executive Women’s Golf Association of Long Island. She is also a member of the ABA and Nassau County Bar Association where she is a former chair of the ADR Committee and currently serves on the Advisory Council for its Mediation and Arbitration Panels. The author of “Words of Wisdom: Getting the Best Results in the ADR Process”, “Despite ADR Consent, IP Cases End Up In Court,” “Beware of Ideas,” “Preventing Inevitable Disclosure of Internet Company Trade Secrets,” “The Benefits of Arbitration are Many; Shouldn’t be Dismissed,” and “To ADR or Not to ADR: That is the Question,” many of Loretta’s cases have also been featured in the New York Law Journal and Long Island Business News.

Brooklyn born Loretta, and her husband, Lenny, a tax accountant and Bronx native, live in East Hills where they have volunteered a great deal of time to school, community affairs, local charities and sports programs.  Lenny & Loretta are proud parents of their sons, Paul and Brian Rogofsky, graduates of The Wharton School of the University of Pennsylvania.


John N.

The presentation was very effective in providing both the litigator's (advocate) and the mediator's (neutral) point of view. Distinctions between mediation (compulsory/non-binding) and arbitration (Voluntary/binding) were helpful for determining which alternative to litigation may be the best solution.

Julie R.


Robin B.

Good course. Thank you.

Mark D.


Randall M.

Just as good as part 1!

Anthony M.

The supplemental materials will be useful when I prepare for arbitration. Good reminders about the differences between trial and arbitrations and the finality of arbitrations with rare circumstances to reverse an arbitors award. Instructors were knowledgeable and easy to listen to.

Sherri M.

Very enlightening and practical.

kirstin s.

She was outstanding

Robert S.

great presentayion

Paul I.

Parts 1 and 2 were a great introduction.

Francine C.

Comprehensive and informative.

Todd P.

I'd listen to these two talking about anything.

Kristin W.

Some of the content was covered in Part 1 but this course offered more details and having an arbitrator’s input on the process was helpful.

Charlene L.

Great information, well presented.

Jay G.

Equally as good as Part I.

Michael D.

good insights

James W.

Nicely done; thanks.

Erin L.

Very good! Thanks

joelle w.

These two speakers worked really well together. The back and forth conversation was not only easier to listen to than a sole speaker, the questions/answers had practical applicability. Highly engaging. About the best course I have ever listened to.

Peter P.

Great follow-up to part one; informative and helpful!

Rachel S.

Great discussion. Very informative.

Benjamin W.

This part filled in what I thought was missing from Part I.

Roy B.

I found their approach - two practitioners talking shop - very effective and engaging. They used their outline as jumping off points and did not do a dry reading of prepared notes. Very enjoyable as well as informative.

Bethanni F.

This one was just as good as first part with two people doing the presentation and interacting with each other.

Carol C.

highly recommend the course as presented; a lot of useful info

Elizabeth I.

Great team presenters. I appreciated Differences of opinion/position and perspective. And those were managed well and welcomed between the presenters. Wealth and breadth of knowledge shared was awesome.

Robert H.

Grear discussion and interactions between presenters

Michel L.

Part 2 was just as terrific and informative as Part 1 so please review my comments for that session. They apply here also

maria v.

The female attorney was excellent

michael g.

Great CLE program on arbitration and mediation. Very useful and pragmatic information.

Frank M.

Presenters were great together. Enjoyed both parts.

John B.

This course on ADR is the best course I have seen on Lawline. The reason the course is so good is because you have two very knowledgeable and seasoned practitioners engaged in a fruitful dialog regarding their vast ADR experience. The dialog, as opposed to the usual monolog, allows for a more dynamic, interesting and 'real' experience. You may consider asking your presenters to experiment with a two-person presentation approach. Thank you - John

Margaret O.

best part was the easy to understand breakdown as to the benefits/limitations of arbitration from the various perspectives.

Kevin S.

Good course

Steve H.

Nicely done

Marsha W.

Excellent presentation.

alan l.

Better than Part 1.

Mark M.

Effective balanced presentation

Kena C.

Presenters provided valuable information.

Jeffrey G.

Great course

Amy B.

Fantastic presentation, very helpful to prep my client. Highly recommend!

Cari R.

Nice program

Kevin R.

Part I and II were presented with excellence by both presenters with compelling points of view.

Khristine M.

The speakers' disagreement on some of the topics was very helpful. It gave me some warning of where conflicting ideas/strategies are likely crop up in real world application.

Elizabet M.

Very, very well done.

John P.

These two webinars have been some of the best Lawline has produced. I will hold these two exceptional presenters as the template on ratings for all future webinars. Please use the professionalism and effective but simple presentation of these attorneys as your model. Excellent job.

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