Expedited On-Line Arbitration: Justice on Demand

(66 Ratings)

Produced on: September 21, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 91 minutes
Difficulty Intermediate

This program, taught by Thomas B. Considine, the former Commissioner for the New Jersey Department of Banking & Insurance, and Richard S. Mills, a Partner with McElroy, Deutsch, Mulvaney & Carpenter LLP, will cover the historical development of arbitration through the present day, to provide context for the recent developments into fully digital ADR and how this will disrupt existing mediation and arbitration models. The course will examine how online arbitration will comply with existing legal requirements under the Federal Arbitration Act (FAA), the Model Uniform Arbitration Act, and international regulations, including the relevant rules of professional conduct. Viewers will learn practical tips on using online arbitration, and when to counsel clients to adopt this new dispute resolution method.


Learning Objectives:

  1. Review the history of ADR processes through the present day
  2. Discuss recent developments in online arbitration and the impact on industry laws and regulations
  3. Consider best practices in advising clients in the use of digital ADR

Faculty

Richard S. Mills

McElroy, Deutsch, Mulvaney & Carpenter LLP

Richard S. Mills is a graduate of The Pennsylvania State University (1982) and New York Law School (1986). He is admitted to practice in state and federal courts in New York, New Jersey and Pennsylvania. Mr. Mills focuses his practice on a full gamut of complex insurance issues including: company and captive formation, acquisition and regulatory compliance; policy drafting; claim review, coverage determination and litigation. He has successfully defended both insurers and their insureds through trial and on appeal, and has secured considerable recoveries in prosecuting subrogation and insurance fraud actions.

Mr. Mills has presented a number of seminars for both insurers and insureds including: “Avoiding Libel Liability,” “Developments in the Duty to Defend,” “Fundamentals of Lender Liability," and presented a white paper, "Some Good Deeds Go Unpunished: Payment of a Prior Claim Generally Will Not Estop an Insurer from Declining Coverage for Subsequent Similar Claims" to the 2005 Surety Claims Institute.

He is a member of the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section of the American Bar Association, as well as the New York and New Jersey State Bar Associations, and Pennsylvania Counsel for Change.

Thomas B. Considine

National Conference of Insurance Legislators

Thomas B. Considine is CEO of NCOIL, the National Conference of Insurance Legislators. He previously served the State of New Jersey as the Commissioner of the Department of Banking and Insurance (DOBI).

Prior to his current position, he was a Managing Partner of Gravilaur Solutions, LLC. Before Gravilaur, Considine also served as the chief executive officer of Meadowlands Hospital Medical Center (MHMC), the chief operating officer of Magnacare, and worked at MetLife, Inc. for nearly 17 years. He has also served on a number of professional boards and financial services industry-related organizations.

NCOIL named Commissioner Considine CEO effective January 1, 2016. NCOIL is a legislative organization composed principally of legislators serving on state insurance and financial institutions committees around the nation. NCOIL writes model laws in insurance, works both to preserve the state jurisdiction over insurance as established by the McCarran-Ferguson Act seventy years ago and to serve as an educational forum for public policy makers and interested parties.

As CEO of MHMC, Considine had overall responsibility for the operation of the 230-bed hospital and was accountable for the direction and coordination of all aspects of the facility. He sat on the hospital board of directors and his responsibilities included physician relations and oversight of budgeting, staffing, and contracting.

Commissioner Considine joined MHMC following his tenure at MagnaCare, a regional health plan, where he served as Chief Operating Officer (COO). He had direct responsibility for the company’s operations, medical management, hospital and professional networks, customer service, claims, actuarial and analytics, information technology, and legal and regulatory affairs.

Prior to his service as commissioner, he worked at MetLife, Inc., a global financial services company, beginning in 1993, where he served most recently as vice-president and government relations counsel. In this role, Considine was responsible for a broad range of state government relations and public policy issues for both the financial services and auto and home companies nationally. Considine managed a staff of attorneys and public policy analysts in the company's government and industry relations department. He directed government relations activity for the entire MetLife enterprise on all issues in New Jersey. He also managed these issues before the NAIC and co-managed them nationwide.

He coordinated MetLife's integration effort to secure national approvals for its $11 billion corporate acquisition of the Travelers life and health insurance companies.

In addition to this general government relations work, Considine served on a legal affairs diversity subcommittee, and as the Company's national point person on tort reform issues. He has taken a number of leadership positions throughout his career in national and state coalitions dedicated to achieving civil justice reform, including service on the Steering Committee of the Civil Justice Reform Group with the General Counsel of a number of the Fortune 200 companies. He also served as immediate past Chairman of the Board of Directors of the American Tort Reform Association.

Considine is an active member of the Board of Trustees of the Visiting Nurse Association Health Group, where he also Chairs the Audit Committee of this second largest multistate provider of home care and hospice services nationally. He also serves on the Board and Audit Committee of the American Property Insurance Company. Additionally, he served on the board of directors of the National Organization of Life and Health Insurance Guaranty Associations, the national coordinating group for the state guaranty system. He also served on the board of directors of the Life and Health Insurance Guaranty Association in New Jersey, where he was treasurer; and also in Pennsylvania. He also served as a founding appointee to the New Jersey Department of Banking & Insurance Financial Services Advisory Board.

He was involved in insurance associations throughout the states, serving as a member of the board of directors of the Insurance Federation of Pennsylvania, an organization that deals with all aspects of life, health, property and casualty insurance, as well as retirement issues, and on the Texas Association of Life and Health Insurers' board of directors and that organization's Legislative Policy Committee.

Before joining MetLife, Considine served as a litigation associate at Connell, Foley & Geiser, a major New Jersey law firm. Following law school, Considine served as Judicial Law Clerk to the Honorable Clarkson Fisher, Senior United States District Court Judge in New Jersey.

Considine received his J.D. cum laude from the Seton Hall University School of Law and his B.S. magna cum laude from the W. Paul Stillman School of Business Administration at Seton Hall University. Additionally, he recently served on the Seton Hall University Alumni Board of Directors.



Reviews

CM
Cynthia Coulter M.

This was a very good overview of the background of arbitration in general, in addition to on-line arbitration.

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