the CPR DateBook

January 20, 2021

Welcome to the "CPR DateBook." Each issue provides information on upcoming events and other news and resources to help you advance your dispute resolutions goals.

To print the DateBook, first open it in your browser here.

SAVE THE DATE FOR CPR’S 2021 ANNUAL MEETING

Join us on January 27-29, 2021, for CPR’s virtual Annual Meeting, Prevent! Resolution without Dispute. This year’s meeting is better than ever: eight panels, two legendary speakers, one live performance, and next-level networking.  

This year’s keynote speaker is Dana Bash, CNN’s chief political correspondent. Dana’s career has covered conflict and disruption both in current events and politics over the past two decades.

In addition, former United States Secretary of Defense General James Mattis will discuss: “Leading In Conflict and Lessons Learned” during a lunchtime presentation on Thursday, January 28.   

Three days, nine and a half CLE credits. And, thanks to the generosity of our sponsors, it's free to attend!

Don’t delay; take a look at the full agenda and register now HERE.

IN OUR LATEST ISSUE:

Twists and Turns in Arbitrator Selection: The Labor‐Management Context

By Arthur Pearlstein

Part 1 of this series last month established that there is a market for arbitration that exhibits some special characteristics. Among other things, it is a “matching market” where the buyers come in adversarial pairs, and it tends to be a “superstar market” subject to a type of “Matthew Effect” where success breeds success for arbitrators, while many highly qualified ones can be left behind.

Here, Part 2 explores the arbitrator selection process in more detail. There is a wide array of potential factors that may go into a party’s preference for one or another arbitrator in each case, but empirical research gauging the weight given any of these is quite limited in number and reliability, and most of it is somewhat dated.

To read the full article, click HERE.

RECAP:

LEGAL INNOVATION TOURNAMENT

Last week, CPR was honored to co-sponsor the New York State Bar Association/Hofstra University Legal Innovation Tournament. Our CEO & President Allen Waxman and Vice President of Programs and Public Policy & Corporate Counsel Anna Hershenberg both participated as dispute resolution instructors and had the pleasure of working with the first place team, made up of Hofstra law students Veronica Patel, Suzanne Hassani, Nicole Kelly, Jordon Flanigan and Reina Eustache.

The objective of the tournament was to design an app that would provide vulnerable groups additional ways to resolve disputes or increase/enhance dispute resolution processes. 

CPR would like to congratulate both the first and second place winners (Jade Garza, Avery Brogan, Leigh Merrill, Nicole Wong and Alexander Sutter) for their hard work and great ideas! We would also like to thank the hosts of the tournament, New York State Bar Association, Hofstra’s Maurice A. Deane School of Law and Fred DeMatteis School of Engineering and Applied Science, as well as our fellow co-sponsors: NYSBA’s Dispute Resolution Section, AAA, and JAMS. 

SIGN CPR’S DIVERSITY COMMITMENT

CPR is committed to encouraging all forms of diversity and inclusion in dispute resolution, in particular by increasing the participation of women and people of color in mediation, arbitration and other dispute resolution processes.

Signing this commitment takes little time and is an easy way to show your dedication to making dispute resolution a more inclusive industry.

Our plan to accomplish this comprises four points. To find out more about our plan in-depth, click HERE.

To sign our diversity commitment, click HERE.

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LOVE’S NEW MEDIATION DATA: WHITHER THE JOINT SESSION?

New York Law School’s Alternative Dispute Resolution Skills Program kicked off its first 2021 round of biweekly Wednesday lunch conversations featuring mediator Lela Porter Love, a law professor and director of the Kukin Program for Conflict Resolution at New York’s Benjamin N. Cardozo School of Law.

Love opened by emphatically noting that dialogue is currently dying or impoverished, even on the political scene. Mediation, she said, “is the last bastion,” with mediators trained to promote dialogue. But even in mediation, there is “less and less mandate for mediators to bring parties together into joint sessions.”

READ THE FULL ARTICLE ON OUR BLOG HERE.

CPR IN THE NEWS: CPR FILES AMICUS BRIEF BEFORE SUPREME COURT

CPR filed an amicus brief before the U.S. Supreme Court in Servotronics Inc. v. Rolls-Royce PLC, et al., No. 20-794.

CPR did not take a position on the merits of the case, but asked the Court to grant certiorari to resolve a circuit court split on an issue of great importance to the international arbitration community: whether 28 U.S.C. § 1782 allows federal district courts to order discovery for private commercial arbitration abroad.

In its friend-of-the-Court brief, CPR argues that current circuit split regarding the availability of 28 U.S.C. § 1782(a) for discovery before international arbitral tribunals “leads to extensive, time-consuming and tremendously expensive litigation over the threshold issue of simply whether district courts can entertain an application to obtain evidence from a United States party”, which CPR explains “undermines its goal of fostering efficient and effective resolution of cross-border business disputes through international commercial arbitration.”

CPR also argues that the court should set the case for argument this term to avoid the likelihood that it will become moot prior to decision. 

The full brief is available HERE and a CPR Speaks blog post covering the brief is available HERE.

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OTHER NEWS & DEVELOPMENTS

CPR Files Amicus Brief Before Supeme Court

Mia Levi Named Vice President of Global Development for DRS

Letter from CEO and President Allen Waxman

International Institute for Conflict Prevention & Resolution

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