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Arbitration has become one of the most lucrative practice areas in recent years. It is seen as an efficient and simplified manner to resolve civil lawsuits. Many contracts now require that disputes be arbitrated rather than tried to a traditional jury. There has been a significant and remarkable shift as courts and practitioners that once shunned arbitration have heralded the ease, transparency, and economic savings that arbitration affords to advocates and their clients. The rising popularity of arbitration can also be explained by the rapid increase of caseloads of courts, the sense that it is less costly than standard litigation, a preference for confidentiality, and the desire of many parties and their attorneys to play a greater role in selecting the individual or individuals who will resolve their dispute. This seminar provides an overview of techniques that attorneys may easily follow in arbitration settings to win cases and build a reputation. The nationally recognized seminar faculty will discuss best practices, effective methods to best advantage clients, and perspectives from corporate counsel, private practice, as well as a law professor. Our three distinguished lecturers are widely recognized as the masters in the field and will share their experience and insight so attendees have an understanding of the latest trends and tools to grow their practice and win at arbitration. Agenda:Thomas J. Stipanowich on an Overview of Arbitration
1. What Does Arbitration Mean for Your Practice?
2. Using Arbitration to Win Cases
3. Best Practices on the Current State of Arbitration
4. Arbitration across Cultures
5. Arbitration and "The Vanishing Trial"Michelle Leetham on Arbitration from the Corporate Perspective
1. Influencing the Selection of the Decision Maker
2. Avoidance of “Home Town” Effect of Local Courts
3. Ensuring Privacy of the Proceedings
4. Advantages to Clients
5. Effective Timing & StrategyLarry Harris on Enforcing & Appealing Arbitration Decisions and Ethical Considerations
1. Effectively Dealing with Bad Arbitration Awards
2. Best Practices on Preserving Errors in the Alternative Dispute Resolution Setting
3. Efficiently Communicating with Clients in the Arbitration Setting
4. The Treasure Trove of Resolving Construction Disputes with Arbitration
5. Ethical Pitfalls of ArbitrationQuestion & Answer SessionBiography of Seminar Faculty:
1. Thomas J. Stipanowich
is the William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University, as well as Academic Director of the Straus Institute for Dispute Resolution. The Straus Institute was ranked number one among academic dispute resolution programs each of the last five years by U.S. NEWS & WORLD REPORT. He was co-author, with Ian Macneil and Richard Speidel, of the groundbreaking five-volume treatise FEDERAL ARBITRATION LAW: AGREEMENTS, AWARDS & REMEDIES UNDER THE FEDERAL ARBITRATION ACT, cited by the Supreme Court and many other federal and state courts, which was named Best New Legal Book by the Association of American Publishers. He also co-authored RESOLVING DISPUTES: THEORY, LAW AND PRACTICE, and is the author of many other much-cited publications on arbitration and dispute resolution, and has twice won the CPR Institute’s First Prize for Professional Articles. Prof. Stipanowich was recently bestowed with the D’Alemberte/Raven Award, the ABA Dispute Resolution Section’s highest honor, for contributions to the field.
Professor Stipanowich has extensive experience as a commercial and construction arbitrator, mediator, facilitator and special master, with emphasis on large and complex cases. He was among the inaugural members of the new JAMS Construction and Engineering Group of neutrals. He has often served on panels for the American Arbitration Association (AAA), the International Center for Dispute Resolution (ICDR), and the International Institute for Conflict Prevention & Resolution (CPR), often as chair. He has trained arbitrators or mediators for the AAA, CPR, the Chartered Institute of Arbitrators and the Straus Institute; has facilitated internal and inter-organizational problem-solving and consensus-building efforts; and has helped develop corporate programs for avoiding or resolving disputes. From 2001 to 2006, Stipanowich was President and CEO of the New York-based International Institute for Conflict Prevention & Resolution (CPR Institute), one of the world’s leading dispute resolution organizations, and remains on the CPR Board. He served on the Board of Directors of the AAA, and was the first AAA International Visiting Scholar.
2. Michelle Leetham
is Vice President, Principal Counsel, and Manager of Litigation for Bechtel Corporation. Ms. Leetham has led the effort to develop Alternative Dispute Resolution Programs for Bechtel, and she is a regular contributor to bar association and other legal group efforts to promote the use of ADR in both domestic and international venues. She is a member of the CPR Arbitration Committee and Advisor to the American Law Institute project to develop a Restatement of the U.S. Law of International Commercial Arbitration. Ms. Leetham recently completed a two-year term as President of a regional International Arbitration Club, a group formed to study, support and promote international arbitration to resolve global business disputes. The department she manages is responsible for Bechtel’s global caseload of uninsured lawsuits and arbitrations, including class actions, complex construction disputes, employment and other commercial matters. Bechtel is a global provider of engineering, construction and procurement services to a wide variety of market sectors. A graduate of Boalt Hall School of Law in Berkeley and former law clerk for the California Supreme Court, Ms. Leetham joined Bechtel in 1993 from Brobeck, Phleger & Harrison, where she litigated commercial, employment and insurance coverage matters.
3. Larry Harris
is a shareholder at Greenberg Traurig and concentrates on construction and public contract negotiation, dispute resolution and serves as a construction mediator and arbitrator. He has assisted contractors in construction, supply, aerospace and service contract disputes arising out of federal, state, quasi-public and private projects and contracts. Additionally, he has represented public and private owners in construction disputes with general contractors and their subcontractors. He has counseled domestic and international companies, contractors, subcontractors, owners, design professionals and sureties in matters involving changes, specification conflicts, construction defects, acceleration, delay and disruption and termination of construction and supply contracts. He has litigated matters in federal and state courts in numerous jurisdictions, before boards of contract appeals and in arbitration tribunals. In addition to his dispute resolution experience, Mr. Harris has represented contractors, owners and lenders in the drafting and negotiation of construction contract documents on a variety of projects to include heavy civil, power, building and transportation. Mr. Harris has extensive ADR experience to include arbitration, mini-trials and mediation. Who should attend this seminar?
Attorneys, paralegals, and legal professionals.
Only registered attendees will receive CLE credit for attending this course. Sign-up today to listen & learn with this 24/7 Downloadable Seminar! Attend this on-demand seminar for approved and pending CLE & MCLE credit for members in the following jurisdictions:
1. State Bar of California for 1.5 MCLE credits
2. The Florida Bar for 2.0 CLE credits
3. Georgia Bar for 1.5 CLE credits
4. 1.5 CLE credits for members of the New York State Bar (through approved jurisdiction policy)
5. Wisconsin State Bar for 1.5 CLE credits
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