Alternative Dispute Resolution CLE

Among the most important topics in immigration defense today is CRIMMIGRATION, that is, the consideration of how to contend with and explain criminal issues, including fraud, misrepresentation, illegal activity and crimes involving moral turpitude, for immigration clients. This seminar will consider how to tackle this extremely important issue separate and apart from proving hardship issues in 601-waiver petitions by using MITIGATION, just as criminal defense lawyers use mitigation to defend and explain their client’s criminal behavior with prosecutors or in court.

In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively prepare for a mediation, how to conduct yourself during the mediation session, and what steps should be taken after the mediation. Your goal as a lawyer should be to give your client the very best opportunity to successfully settle the case during or after the mediation.

This presentation covers tips and advice for attorneys preparing to represent their clients at mediation. In addition to suggesting best practices in terms of the mechanics of getting ready for a mediation session, the presenter will discuss other factors attorneys should take into consideration including, but not limited to, intangible aspects such as managing clients’ expectations and energy, and the attorneys’ psyche.

This 60 minute course discusses a variety of Mediation Strategies from selection to preparing for and conducting the mediation. This course will provide an in-depth discussion of the mediation process in order to provide a better understanding for the effective use of mediation as a tool.

This one hour module provides an overview of negotiation fundamentals and explores strategies and techniques for attorneys who routinely engage in negotiations on behalf of private clients, corporate organizations, or administrative agencies. In addition to suggesting best preparation practices, the presenter will discuss other factors that should be taken into consideration including, but not limited to, communication styles, intangible influences, behind-the-table negotiations, cross-cultural factors, and negotiating in unstable contexts (such as a pandemic).

How great would it be if you could walk into any negotiation feeling confident and walk away satisfied that you had the best possible outcome? In this presentation, Susan Borke will teach you three elements that you can use to improve your negotiations with your clients, managers, team members, contractors, vendors, and even friends or family.

Parties often complain that arbitration costs too much money, tiered dispute resolution clauses force mediation too early, and it generally takes too long to get to resolution. All of these issues can be addressed in the clause that parties negotiate. This program will highlight options for parties to consider in drafting fair and efficient dispute resolution clauses.

Mediation is the parties’ process. So, it makes sense for inhouse counsel to spend time in advance to design the best process for each dispute. This program will address ways to bring recalcitrant parties to the table, mediator selection, and negotiation planning strategies.

The pandemic forced lawyers and clients to use virtual platforms to resolve their legal disputes. Although courts and ADR Provider Organizations are opening their facilities for arbitration proceedings on location; lawyers, their clients, and arbitrators are finding ways to leverage the benefits of a virtual technology into their case presentations. This course will provide lawyers with strategies and tactics to optimize the integration of a virtual platform into their cases so their message is persuasive and cohesive. The course covers the use of technology and the substantive as well as procedural issues that must be covered.

It has always been the case that the onus of enforcing intellectual property rights falls principally on the shoulders of the holders of such rights. Thus, when a case of unauthorized use is discovered (or is looming), the intellectual property owner usually must act quickly to stop the offending conduct, regain control over the property, and secure adequate compensatory relief. But is commencing a lawsuit in court the most effective and efficient way to achieve those ends? What considerations play into the decision over whether arbitration or mediation, for example, might be better options? Should arbitration or mediation even be a consideration during a negotiation over a dispute resolution clause before any conceivable dispute has even arisen? With over 20 years of experience as a commercial and intellectual property litigator, coupled with over 10 years of experience as an arbitrator and mediator, Theo Cheng will explain the advantages and disadvantages of using arbitration or mediation in connection with resolving intellectual property disputes so that you and your clients can be better informed before deciding to choose one of those alternative methods over court litigation.

The goal of an arbitration management conference is to set the stage for an expeditious and cost-effective proceeding, anticipate issues or problems that might frustrate an arbitration hearing, and pave the way for a possible settlement of the dispute. Theo Cheng is an experienced advocate and arbitrator who will explain what counsel can expect from an arbitration management conference and provide practical strategies to optimize what you can realize from the event, as well as manage the costs of an arbitration, secure the discovery needed, and gather the information necessary to present your case effectively at the evidentiary hearing.

The best advocates understand that they will convince arbitrator(s) to rule in their favor with a compelling story that is supported by witness testimony and documents. Critical to success is telling the arbitrator what you want them to do and how your arbitration story supports this action. This course will provide lawyers with strategies and tactics to develop a theme for a compelling arbitration story that is delivered through witness testimony and documents after careful planning.

In this course, Susan Borke shares how to use your growth mindset to learn new skills and become proficient in preparing for negotiations. We will learn strategies and tips for attorneys who want to become strategic negotiators, including how to shift from intuitive negotiating to intentional negotiating.

Nonparty discovery in domestic arbitration proceedings is an often misunderstood and overlooked aspect of case planning, management, and administration. As more domestic disputes are compelled to arbitration, either through company-sponsored programs in the employment and consumer context or through increased incorporation of contractual arbitration provisions in the commercial context, both advocates and neutrals need to understand how to properly address nonparty discovery in arbitration, which stands in stark contrast to similar processes in court litigation. With over 20 years of experience as a commercial and intellectual property litigator, coupled with over 10 years of experience as an arbitrator and mediator, Theo Cheng will explain the differences, provide an update on the legal landscape, offer practical tips, and share best practices to master this challenging aspect of arbitration proceedings.

The Supreme Court this past Term decided 5 Arbitration cases, each of which will be analyzed in depth. Among the questions decided were whether the “look through” doctrine adopted in Vaden v. Discover Bank to apply to motions to compel spies also to motions to confirm or vacate an arbitration award; whether a PAGA claim can proceed as a representative action and not be compelled to individual arbitration; whether an airline baggage handler is engaged in transportation and thus cannot be compelled to arbitration; and whether US court discovery rules can be used by foreign arbitration tribunals.

Culture and religion are at the forefront of the United States’ diverse population. Individuals hold true to their personal religious and cultural belief systems, even during the times of separation and divorce. Oftentimes, these individuals feel marginalized through the legal separation and divorce proceedings because their religious and cultural identities are not recognized. How do we give voice to these cultural and religious identities, so that our clients’ needs, and desires are heard and met in the divorce process? How do we make a legal divorce work for them, when their marriage is not? This program will provide an overview of the mediation process, and how it serves as a tool when approaching gray areas of diversity in religion, tradition, and customs that courts may not address in separation or divorce. These gray areas cover the topics of parenting, family dynamics in assets and debts, custody, and support.

This webinar lays out the elements of arbitration and compares the major provisions between court proceedings and the arbitration process. The regular people on the street often believe that court proceedings provide them with their day in court. However, arbitration may provide an easier and less expensive process to vindicate their rights and receive a decision. The arbitration process has evolved in the last twenty years to ensure that parties with disputes are provided due process rights but has this made the process litigation light? The benefits and drawbacks between court proceedings and arbitration will be discussed at length.

This one hour course will provide an in-depth overview of maritime arbitration claims. This course will provide attorneys with an historical background of maritime arbitration, explain the various statutory frameworks, defined the different types of disputes brought in maritime arbitration, as well as discuss the relevant format and procedures. We will also explore the enforceability of awards, including the potential challenges to an award.

To help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles. In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid. Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when to settle, walk away, or prepare for an expensive and time-consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator.

In this program, attorney Jeanann Khalife, will provide a detailed overview of the mediation process. This course will examine the key features of mediation, the three primary mediation styles, and multiple tools and techniques useful in a mediation. We will also analyze the duties of a mediator and walk through the stages of mediation. In closing, we will address mediation agreements and their key elements.

In international arbitration practice, it is common to see parties from various cultural backgrounds and a globalized pool of legal talent acting as counsel and arbitrators. The interaction between different cultural and legal approaches does not come without challenges. It may become difficult for practitioners to understand which ethical rules and guidelines are relevant and how they may apply. Indeed, over the past decade, the role of ethical rules, professional best practices, and other guiding principles has become a hotly debated topic for international arbitration practitioners.

This program provides U.S. licensed practicing lawyers with foundational guidance in these areas. It introduces international arbitration and the unique ethical challenges that a globalized practice may present. Then, it covers the mandatory ethical rules and recommended best practices that may guide practitioners through various pitfalls and challenges. Finally, it engages with how these guidelines might improve and support a forum for dispute resolution built on the concepts of neutrality, party autonomy, and procedural flexibility.

This program will help attorneys learn how to effectively prepare themselves and their clients for mediation. Michael Brusca will explain the pros and cons of mediation, how to choose the right mediator, and how to develop your mediation statement to set yourself and your client up for success in mediation.