Program

Friday, March 16, 2012

9:00 - 9:15 a.m. Welcome & Opening Remarks
9:15 - 10:30 a.m. Recent Developments In Arbitration Law
  Speakers: Leslie A. Bailey, Jeffrey L. Needle & Cliff Palefsky
This session will provide an analysis of recent U.S. Supreme Court, administrative agency and lower court decisions in the area of employment arbitration, as well as insight about where we go from here from experienced practitioners.
10:45 a.m. - 12:15 p.m.
Mediation Part 1: Preparing Yourself & Your Client For Mediation
  Speakers: Anne Golden, Diane S. King & Mary Anne Sedey
This basic session will explore topics including pre-mediation negotiation; what types of cases are best suited to mediation; how to talk with your client and opposing counsel about mediation; identifying and avoiding tricks and traps; determining when to mediate; choosing the right mediator for your case; and pre-mediation statements of position. It will also provide an overview of the variety of mediation formats you may encounter.
12:15 - 1:30 p.m. Lunch (On Your Own)
1:30 - 2:45 p.m. Mediating & Arbitrating In Federal And Public Sectors
 

Speakers: Kristin D. Alden & Cathy Harris
This panel will be devoted to exploring the nuances of mediation and arbitration practices in the federal and public sectors. Our speakers will provide you with tools to represent federal and public sector employees effectively in these processes.

3:00 - 5:00 p.m. Mediation Part 2: Advanced Topics In Getting To Settlement
  Speakers: Cliff Palefsky, Jeffrey A. Ross, Mark S. Rudy & William R. Tamayo
Building on the topics in Mediation Part 1, our expert panelists will address advanced topics that will help participants achieve resolution through mediation and judicial settlement conferences, including how to get the right decision makers involved; issues in mediation with insurance coverage; whether to participate in a mediation joint session and maximizing its utility; breaking impasses through mediator proposals, bracketing, and other techniques; how to use exhibits, demonstrative evidence, and experts in mediation; documenting the resolution; and how to avoid and respond to practices that undermine successful mediations and settlements.
5:00 p.m. Reception - Co-sponsored by The Employee Rights Advocacy Institute For Law & Policy
Saturday, March 17, 2012
9:00 - 10:30 a.m. Arbitration Essentials: What To Know Before You Go
  Speakers: Susan Grody Ruben, Joyce L. Thomas & Robert J. Truhlar
Our expert panel will explore introductory topics concerning arbitration, including how to craft the demand for arbitration; the rules and goals of arbitration; what to request in discovery; whether and when to bring dispositive motions; how to prepare witnesses to testify at the arbitration; recovering attorney fees; and how to prepare pre-hearing and post-hearing briefs.
10:45 a.m. - 12:15 p.m.
Using Arbitration To Your Advantage
  Speakers: Joseph D. Garrison, Michael J. Leech & Kathryn E. Miller
Arbitrators are consistently taught that arbitration should combine speed and efficiency, and that they should reject the "litigation mentality." Our experts will teach you how to take advantage of this philosophy, and will provide practical suggestions to help you level the playing field. They will include discussion of arbitrator selection; how to use agency procedures to your advantage; persuasive arguments to arbitrators especially for discovery; how to avoid motions by defense counsel; tips for persuasion at arbitration hearings; and enforcing arbitration awards when you win.
12:15 p.m. - 1:15 p.m. Boxed Lunch Pick-Up
12:45 - 1:45 p.m. Faculty Workshop
 

Faculty members and participants will have an opportunity to share their experiences and ideas for dealing with alternative dispute resolution in employment cases. .

2:00 - 3:30 p.m. Mediating & Arbitrating Class And Collective Actions
  Speakers: Michael J. Loeb, Toby Marshall & Cyrus Mehri
Mediating and arbitrating class and collective action claims requires resolution of complex and difficult issues, where the stakes are higher than in individual cases. In the wake of U.S. Supreme Court decisions in AT&T Mobility, LLC v. Concepcion and Wal-Mart Stores, Inc. v. Dukes, resolution of multiparty claims through mediation and arbitration has become even more complicated. Our experts will explore the unique characteristics of mediation and arbitration of class and collective actions, and in particular, how to avoid some of the pitfalls presented by recent Supreme Court cases.
3:45 - 4:45 p.m. Ethical Considerations In Alternative Dispute Resolution
  Speakers: Cara Greene, William E. Hartgering & Ellen J. Messing
ADR requires its own set of rules, and attorneys are often not trained in the ethical tricks and traps that await them. Our panelists will provide a roadmap for navigating the critical issues, and explore case law on such issues as conflicts of interest, third party neutral liability, and immunity. They will also discuss attorney fees, confidentiality, and accountability for ADR outcomes.

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