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Workshop + Program Descriptions

 

CLEs are approved on selected workshops for transitional/non-transitional credit. 

 

Presenters, panelists, and moderator biographies are listed at the bottom of this page in alphabetical order.


Check-in and Breakfast - 7:30 AM

Welcome Remarks - 8:30 AM 

 


Session One - 9:10 AM to 10:00 AM


1A: Knowing Where to Go:  The Importance of the Seat in International Arbitration

Format: Panel

Presenter: Alexandra Dosman and Charlene Sun

Materials: Click Here

NY CLE: 1.0 Professional Practice

Commercial parties seeking to use international arbitration as a dispute resolution mechanism must make a series of critical decisions about the arbitral procedure they will use.  Much consideration is given to the rules, number of arbitrators, language, and other factors.  But what of the seat?  Many parties view the designation of an arbitral seat as merely a matter of geography or convenience, but the selection of a seat can have a significant impact on the effectiveness of arbitration as a means of resolving international disputes.  This panel will discuss the importance of that decision and identify factors that contracting parties should bear in mind.  


1B: 3rd Annual ACR-GNY Writing Competition Winning Presentations

Format: Panel/Lecture  
Presenters:
Joseph Kammerman, Alexandra A. Mitropoulos, Danielle Scott

Moderator: Brian Farkas

Join us as winners of the ACR-GNY Student Writing Competition present their papers. Building upon the popularity of last year’s competition, students throughout North America were invited to submit scholarly work addressing topical issues in the field of conflict resolution. Student submissions were assessed in three categories – Undergraduate, Graduate and Law – to ensure meaningful participation at various levels of scholarship. Papers were blind-judged on 4 criteria (significance of the topic, originality and creativity, quality of analysis, and quality of writing) by experienced professionals in our field. Among the 3 first place prizes awarded is a year membership to ACR-GNY, publication of their work on the ACR-GNY website and $500. Additionally, all first place prize-winners received an invitation to present their paper at the conference.


1C: The New York City Stop and Frisk Program: Progress and Dialogue

Format: Panel/Lecture

Presenter: Hon. Ariel Belen (Ret.) JAMS 

Materials: Click Here

NY CLE: 1.0 Professional Practice

Judge Ariel E. Belen (Ret.) of JAMS is the court appointed Facilitator for all Remedial Process Facilitation to be done in association with Floyd v. City of New York, 959 F. Supp. 2d 668 (SDNY 2013) (the New York City Stop and Frisk Program).  As Facilitator, Judge Belen is charged with assisting the citizenry and City of New York with developing sustainable reforms through a community based resolution process to the Stop and Frisk Program of the New York City Police Department.  The Facilitator’s job is to gather and met with “stakeholders” in the litigation – members of the community and relevant institutions – who will take part in a remedial process that will include town meetings.   In this session, Judge Belen will provide a briefing on his progress and experiences as Facilitator and will welcome questions from the audience.


1D: Finding your Voice: A Workshop for Conflict Resolution Trainers

(Full-Morning Workshop - 9:00 AM to 12:15 PM)

Format: Workshop

Presenter: Dan Kos

As a conflict resolution field we have many vehicles for supporting people and communities in addressing and transforming conflict. While much of our time is spent learning to become more effective as mediators, facilitators, and arbitrators, comparatively little time is spent exploring how we provide conflict resolution training. Practioners, academics. professional associations and state agencies have developed comprehensive lists of topics to be taught; training activities, curricula, manuals, and powerpoint presentations are shared on web-sites, listserve, and social media. The difference between an ordinary and extraordinary trainer, however, has little to do with these things. The best conflict resolution trainers are those who have found their voice and display the authenticity, alignment, and clarity that comes with it. Based on years of experience working with trainers to help them find their voice, this session will give participants an opportunity to explore the most common barriers that keep even the most experienced conflict resolution trainers from reaching their potential as teachers. 

 



Session Two - 10:10 AM to 11:00 AM

 

2A: Small Business and Small Investors - Arbitration Considerations

Format: Panel/Lecture  

Presenters: Ken Andrichik, Elizabeth Clemants, Jill Gross, and Giulio Zanolla

Materials: Click Here

NY CLE: 1.0 Professional Practice

This panel will discuss the unique experience of small investors and small businesses when using arbitration for their conflicts. We will look at the pros and cons of the available arbitration centers, as well as the available pre-dispute arbitration agreements, and their impact. In this workshop, we will learn about new hybrid arbitration processes from the Small Business Arbitration Center of New York, and how the rules are written to advantage small business owners and partners as well as employees, consumers and investors and vendors.


2B: Marketing for Peacebuilders: Peacebuilders Hear Stories, Marketers Tell Stories, Let's Meet in the Middle

Format: Workshop

Presenters: Jesan Sorells

Many peacebuilding professionals are hesitant to use the available social tools to their fullest extent in order to market their services, approach, process and philosophy to a world in need of peace. Traditionally, lawyers and other members of the legal profession were hesitant to market, but in a world gone social, how does the established practice and the new professional leverage the greatest marketing tools offered in history? Attendees of this presentation will learn how to analyze the metrics behind their social media platforms, understand the importance of content creation through effective blogging and will gain a greater appreciation of the importance of digital marketing in order to build a peace oriented brand.


2C: The Effectiveness of Mediation in Providing Remedy for Corporate Human Rights Harms

Format: Interactive Presentation  

Presenters: Joanne Bauer, Taylor Fulton, Eva Lerner

Any number of international mechanisms purports to provide remedies to people whose human rights have been negatively impacted by company operations. These include processes of OECD National Contact Points as well as the World Bank’s Compliance Advisor Ombudsman (CAO) and similar dispute mechanisms of the regional development banks. An important question is whether the mechanisms in fact provide effective remedies to human rights violations for those who access them. The question of what constitutes “effective remedy” in a particular case is far from simple, particularly in the context of a fundamentally consensual process. The panel will feature findings from new fieldwork that investigates complainants' retrospective viewpoints on "closed cases" of dispute mechanisms following dialogue-­based processes.


1D (continued): Finding your Voice: A Workshop for Conflict Resolution Trainers

(Full-Morning Workshop - 9:00 AM to 12:15 PM)




Session Three - 11:15 AM to 12:15 AM

3A: Dealing with the "Underground" Economy in Mediation, and helping Fashion Settlements, Involving Cash Businesses, Barter, Bitcoin, Unreported Income, and Improper Tax Deductions.

Format: Interactive Presentation

Presenters: Jeffrey Kofsky and Eli Uncyk

Materials: Click Here

NY CLE: 1.0 Professional Practice

This program will try to help mediators give useful direction in mediations in which they must personally avoid the risk of becoming complicit in fraudulent or other illegal activity, or aiding or abetting fraudulent activity.
The "underground" economy is often the subject of family and divorce, business and partner and estate disputes. Dealing with resolving issues in mediation and helping fashion settlements is difficult and dangerous for a mediator when the subjects involve cash businesses, barter, Bitcoin, unreported income, improper tax deductions; and there is a need to avoid participation in improper activity and giving illegal advice. What are the obligations and risks in mediating disputes in such areas?


3B: Sustainable Peace around the Globe: Utilizing Forgiveness and Meaning-Making

Format: Interactive Presentation

Presenters: Dr. Ani Kalayjian

How does a country, community, family or an individual learn to heal from trauma, betrayal, humiliation, war, or a heartbreak caused by another during historical crisis, political conflicts, trauma of a devastating earthquake, or in interpersonal relationships? How can the generational transmission cycle be transformed into a healing journey and lessons learned?
In this lecture Dr. Kalayjian will present research findings demonstrating how practicing forgiveness is essential for not only individual health, but for collective health and transformation of horizontal violence. Forgiveness releases people from a paralyzing past by helping them to enjoy the present, and envision a future without judgment, resentment, anger or sadness. According to Kalayjian’s research conducted 70 years after the Ottoman Turkish Genocide of the Armenians, resentment and anger continued in the hearts of many survivors as well as their offspring’s due to the ongoing Turkish government’s denial of the Genocide. Validation of a traumatic experience is an essential step toward resolution and closure. An explicit expression of remorse by a perpetrator to a victim has enormous healing value (Sullivan, 1953).
Individual case studies in psychotherapy practices have revealed that holding a grudge or anger is detrimental to one’s physical, mental, emotional, ecological, and spiritual health. When individuals have anger against themselves, against someone else or a group of people (such as perpetrators) this anger forces them to feel helpless, aggressive, withdrawn, depressed, or revengeful. Anger after all is one word away from danger, and violence and aggression is like burning one’s own home while trying to kill a rat in their house.
One therapeutic way to shift this helplessness and anger into empowerment is through forgiveness, empathy, self-validation, and meaning-making. In spite of all the positive findings regarding the effectiveness of practicing forgiveness there is growing confusion about how to practice forgiveness, if forgiveness is indicated when the perpetrator does not express remorse, or even when there is denial, or when there is no identified enemy.
This presentation will discuss step-by-step how to practice forgiveness, how all religions promote forgiveness, how if one is challenged one can start with compassion and gratitude.
Emphasis will be placed on post trauma growth, meaning-making and the challenges of practicing forgiveness. The challenge of how to integrate past traumas into our psyche, how not to react to old hurt and pain, as well as, building peace in one’s self and therefore, building peace in the community and the globe. Dr. Kalayjian was threatened to be tortured and to be killed by extremists in Turkey while she was attempting to present her research findings on the survivors of Ottoman Turkish Genocide of the Armenians. She had the choice of fear and anger, or forgiveness; and she chose to forgive and to commit her life to guiding others into this amazing healing tool (Kalayjian, 1999).  


3C: Restorative Justice: Beyond Conflict Resolution, Toward Relationship Transformation

Format: Interactive Presentation
Presenters: Rochelle Arms A.,
 Hasshan Batts, Mika Dashman, Rachel Davidson, Shamor Deleon, Marcy May

Materials: Click Here

Some restorative practitioners prefer not to use the term "conflict resolution." They suggest that when we talk about resolving conflict it implicitly stigmatizes conflict. But as restorative practitioners we don't place a value judgment on conflict. Rather than trying to resolve it, we create space for people to address their conflict directly but constructively. Also, the term resolution implies that there is a beginning and an end to the conflict. But restorative practices tend to focus less on a single incident and more on the ongoing relationships between the participants in which conflict may come and go. And finally, it is quite possible to achieve resolution of a specific conflict without also achieving justice. Restorative justice seeks a just outcome for all parties which must include repairing harm. Restorative practices encourage creative solutions that look beyond what may appear on the surface to be the central issues in a given conflict.


Participants will sit in circle with six experienced mediators who are also restorative justice practitioners. The facilitators will pose questions to the group about their experience with and responses to conflict. The restorative practitioners will reflect on the difference between their approach to conflict in a mediation and in a restorative process. We will address the role of the mediator/facilitator/circle keeper, the value of self-determination of the parties and the importance of achieving resolution and/or agreement in mediation and in restorative processes.  All are welcome who would like to learn more about restorative practices and where they fall within the dispute resolution spectrum. 


1D (continued): Finding your Voice: A Workshop for Conflict Resolution Trainers

(Full-Morning Workshop - 9:00 AM to 12:15 PM)


 



AWARDS LUNCHEON and KEYNOTE ADDRESS: 12:15 PM - 2:15 PM

 

Keynote speaker: Farai Chideya


This year we are proud to honor Gary Friedman, Jack Himmelstein and Danny Weinstein for their achievements in advancing the field of ADR in New York and worldwide.  


For the materials corresponding to Jack Himmelstein's remarks, please click here





Session Four - 2:15 PM to 3:30 PM

4A: Fresh Perspectives: Insights from In-House/Corporate Counsel on Arbitration and Mediation

Format: Panel/Lecture  

Presenters: Erin Gleason Alvarez, Theodore Cheng, William H. Crosby Jr. and Chelley E. Talbert

Materials: Click here

NY CLE: 1.5 Professional Practice

Moderated by Theodore K. Cheng, Partner, Fox Horan & Camerini LLP, this program features four prominent in house counsel: William H. Crosby, Jr., VP, AGC and Managing Attorney, Interpublic Group; Erin Gleason Alvarez, Assistant VP, Global Head of ADR Programs, AIG; and Chelley E. Talbert, Litigation Counsel, NBC Universal.

 

The choice to use ADR techniques to resolve legal and business disputes often ultimately falls on the in-house counsel responsible for managing the company’s disputes and their resolution. What do in-house counsel really think about using arbitration and mediation to resolve their disputes? What insights can they share about drafting dispute resolution clauses and how different administrator rules influence their selection of an ADR provider? How do in-house counsel go about selecting the arbitrator(s) or mediator? A distinguished panel of corporate counsel will share their insights and perspectives on how corporations view the current landscape of arbitration and mediation as a mechanism to resolve their legal and business disputes.


4B: Isn’t There a Broader Way? Offering a Fresh Perspective to Address ADR Professionals' Dissatisfaction with the Profession

Format: Interactive Presentation  

Presenters: Sheila Sproule and Dan Weitz

Materials: Available at session

NY CLE: 1.5 Professional Practice

At the 1976 Roscoe Pound Conference, formally titled “National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Chief Justice Warren Burger famously asked the question: “Isn’t there a better way?” Justice Burger went on to address the need for non-judicial dispute resolution and speedier and lesser expensive procedures for judicial administration. The Pound Conference itself served as a springboard to the more widespread adoption of alternative dispute resolution in the courts and beyond. Today, much has been accomplished in the field of ADR. However, many believe that the profession is still not where it should be in terms of broad utilization. A general dissatisfaction has emerged, which includes displeasure with the proliferation of trainings that are offered without the opportunity to practice or make a living; a continued albeit lesser degree of resistance to ADR from segments of the legal community; and a perceived undue reliance on the volunteer mediation model and resulting devaluing of the services provided. In looking to the future, perhaps we need to ask a new question: isn’t there a broader way? The possibilities for ADR practitioners going forward include further steps to professionalize the field as well as exploring legislation and court rules to expand the use of ADR. However, we need to find ways to better capitalize on the transferable skills associated with ADR and conflict resolution. We must look for new ways to build mainstream appreciation for the value of ADR and perhaps increase demand for what many believe to be an oversupply of ADR practitioners. Through interactive dialogue, the presenters will share ideas on the possibilities for the future advancement of the field and the role of ADR practitioners. This presentation also serves as a work-in-progress, as the presenters are developing an article on this topic.


4C: Police-Community Relations: US and Brazil

Format: Panel/Lecture  
Presenters: Akira Ninomia and Reinaldo Rivera, Jr.

Moderator: Mark Kleiman

This workshop will outline and review the multiple complexities present when the tragic deaths of community residents emerge as high profile civil rights public controversies.  Strategies for addressing the need for more effective police-community engagement will be shared.  The significant overlays of race and urban life in modern policing, the shifts in orientation between younger emerging activists and more established civil rights organization will set the context for presentation and discussion.  The practical, on the ground experience of the United States Department of Justice, Community Relations Service (CRS) will be joined with the dialogue of moving toward sustainable capacity building in police departments and communities. We will also explore how Brazil dealt with similar controversy in 2013 which began in the State of Goiás, in the heart of Brazil, where a year later was created the Social Pacification Project which became a state public policy in 2014. We will hear about the culture shift Brazil and how they are dealing with conflicts around race. 


4D: Keep Calm and Carry On: Dealing with High Conflict Couples in Mediation

Format: Workshop

Presenters: Dr. Lisa Freudenberger, Dr. Rebecca Mannis, and Diane Rosen, Esq.

The workshop focuses on the stages of divorce and how to address underlying family, psychosocial, developmental and educational stressors that can derail the mediation process; integrating a team approach to working with high conflict families that facilitates mediation and identifying predictable triggers and patters that interfere with conflict resolution. Understanding predictable patterns and realistic solutions enable mediators to advance the divorce process. Case illustrations will be used to address monitoring the mental health of the parties as stress milestones arise, collaborating with parents and others (i.e. schools, therapists, etc.) to be attuned to developmental and legal priorities and educating parents about how to approach next steps. Clinical examples will be used to discuss key developmental stages and issues of children such as school change and advocacy, homework, vacation, extracurricular activities, the college application process, as well integrating specialists in the process, dealing with marriage and re-partnering, identifying substance abuse and incipient mental health issues in early adulthood. 







Session Five - 3:45 PM to 5:00 PM

5A: The Evolution of Arbitration in Asia

Format: Panel/Lecture

Presenters: Victoria Ashworth, Melody Wang

ModeratorJames Berger

Materials: Click Here

NY CLE: 1.5 Professional Practice

Dispute resolution has many cultural aspects, and Asian culture incorporates many ideas about dispute resolution that differ from those we take for granted in the West.  As commerce has become increasingly borderless and East-West trade has continued to increase, international arbitration has become an increasingly prominent and important feature of the Asian business landscape.  Our panelists will discuss the development and evolution of arbitration in Asia, and discuss trends that parties doing business, or considering doing business, in Asia should be aware of.


5B: Is Mandatory Mediation an Oxymoron?

Format: Panel/Lecture

Presenters: N. Janine Dickey, Rebeccca Price, Barry Radlin

ModeratorGary Shaffer

Materials: Click Here

NY CLE: 1.5 Professional Practice

Automatic/Mandatory court-annexed mediation programs are being increasingly used. Many of these programs appear highly successful at resolving a large number of cases, saving time and money for litigants, and allowing for more creative solutions in resolving disputes than may be possible in a trial courts. This presentation will explore where such programs have been implemented, the success, or lack thereof of such programs, what works and does not work, and what particular issues (practical and ethical) such programs may present to mediators, lawyers, and parties. In addition the process for implementing these programs will be explored, including what impediments may exist in their adoption and implementation.


5C:  The Role of ADR in Police-Community Relations:  Approaches to Reconciling Relationships and Rebuilding Reliance in Police Departments

Format: Interactive Presentation  

Presenters: Lisa Grace Cohen, Allison McCrary, Maria Volpe

Moderator: Marquita James 

Seldom does a week go by where we do not hear alarming reports about alleged police misconduct in the local and national news. At the root of many community­-police conflicts are poor communication, misunderstandings, incomplete understanding of police work among other concerns.  Countless suggestions have been made about how to improve troubled police-community relationships which have been dominating the news.  Mediation is gaining attention as an additional tool for addressing police community concerns in a variety of contexts.  This session will discuss the role of mediation in responding to complaints from community members including the mediation of centuries-old conflict between the New Orleans Police Department and indigenous cultural communities, the creation of the New Orleans community-­police mediation program use of the inclusive model of mediation, and the practice and culture of NYC’s Civilian Complaint Review Board. In addition to these existing models of conflict management, we will hear about the role of ADR in policing on the scene and the effort to address parties' concerns through referrals to mediation.


 


COCKTAIL RECEPTION: 5:00 PM - 6:30 PM

 

Featuring remarks from honored guest Carmelyn P. Malalis, Commissioner and Chair,

New York City Commission on Human Rights

 

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