Ethical Considerations in Dispute Resolution Practice Thursday, October 29, 2015 Kimberlee Kovach Kovach Dispute Resolution

Slides:

Advertisements

Similar presentations

Dispute Settlement Services offered by the WIPO Arbitration and Mediation Center Heike Wollgast, WIPO Arbitration and Mediation Center.

Advertisements

[Name of Organization] [Date]. What You Will Learn What is planned early dispute resolution (PEDR) How you can get good results in your disputes What.

To What Extent are US Firms Conflict Management Innovators? Alex Colvin, Cornell University ESRC Seminar Series – Belfast Apr. 18,

Conference on Dispute Resolution In International Science And Technology Collaboration Hon. Alice D. Sullivan (Ret.)

The Use of Alternative Dispute Resolution in Bankruptcy Proceedings * *Portions reprinted by permission of JAMS.

© 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 13 ALTERNATIVE DISPUTE RESOLUTION.

Mediating Corporate Governance Disputes An international Experts Workshop organised by the Global Corporate Governance Forum Mediation and Arbitration.

Actg 6100 Legal Issues Chapter 3 Courts and Alternative Dispute Resolution.

Introduction to Arbitration: How is arbitration relevant to the Surveyor? Glenn Haley Thursday, 28 th October 2010 © Clayton Utz.

BELMONT UNIVERSITY AMERICAN INN OF COURT SEPTEMBER 9, 2014 PRESENTED BY KRISANN HODGES DEPUTY CHIEF DISCIPLINARY COUNSEL - LITIGATION BOARD OF PROFESSIONAL.

HAMLINE UNIVERSITY SCHOOL OF LAW LEARNING OUTCOMES FOR LAWYER ACHIEVEMENT (L.O.L.A.)

ALTERNATIVE AND ONLINE DISPUTE RESOLUTION COPYRIGHT © 2010 BY JEFFREY PITTMAN.

© American Bar Association Effective Strategic Planning Henry F. White, Jr. Executive Director & Chief Operating Officer American Bar Association 10 th.

INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROME TRE FALL SEMESTER 14 October 2009.

Arbitration: The In-House Counsel’s Perspective

Andrew J. Mallon IBA Seminar, May 17, 2012 Ethical Quandaries For Government Attorneys.

Minnesota State Bar Association Mock Trial Training November 1, 2006 Minneapolis, Minnesota Honorable Janice M. Culnane State of Minnesota Office of Administrative.

Online Justice: Ethical Considerations for Online Dispute Resolution Practice Colin Rule Director of Online Dispute Resolution, eBay/PayPal Seattle University.

INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROMA TRE FALL SEMESTER 15 October 2010.

Business Law with UCC Applications, 13e

Resolution of disputes involving insurance companies in and outside of Russia: A comparative overview of the advantages and disadvantages of various options.

ANNUAL CONFERENCE CARRIBEA BAY RESORT, KARIBA 3 OCTOBER 2014.

Trial as Theatre Think of the following roles, which trial participant would best fit these: –Producer of the play: –Writers of the play: –Performers in.

Collective Bargaining. Case for Change As we have learned about the collective bargaining process, we have questions about the final option open to parties.

ACC Europe ADR Forum Shopping: What are the options for dispute resolution outside litigation?

© 2006 Prentice Hall Ch. 4-1 THE LEGAL ENVIRONMENT OF BUSINESS A Critical Thinking Approach Fourth Edition Nancy K. Kubasek Bartley A. Brennan M. Neil.

[Name of Organization] [Date]. What You Will Learn What is planned early dispute resolution (PEDR) How lawyers can get good results for clients using.

1 Agenda for 19th Class Admin – Handouts – Name plates – Mock mediation on Friday Remember to go directly to the assigned room (not this classroom) Review.

DR. KEVIN J. FANDL AMERICAN PUBLIC UNIVERSITY Treaty Law and Dispute Settlement.

ADR How did we get here?. Increase in court filings Increase demand due to increase population, growth in economy, greater regulation, access.

The Mediation Alternative Mr Des Ryan AM. The Mediation Alternative What is Mediation? n voluntary ( but see below) n assisted resolution of dispute n.

Principles of International Commercial Arbitration Allen B. Green McKenna Long & Aldridge, LLP.

Transborder Mediation Knowledge, ethics and skills Professor Dr Nadja Alexander Australian Centre of Peace and Conflict & European University Viadrina,

1 Agenda for 16 th /17th Class Admin – Name plates – Handouts Slides Shavell – Section F-J only F 10/24. Class rescheduled 8-9:50 in Rm 103 M 10/27. Class.

Maureen Gauci Ethics in Negotiation Law 341 and Law 342 October 28 th, 2013.

Alternative Dispute Resolution Ensure all mobiles are switched off Feel free to ask questions – just raise your hand first Have your précis notes (Ch.10.

1. 2 Introductions Biography 3 Agenda What is Conflict? Role of ADR ADR Continuum Benefits of ADR Case for Mediation Case Studies ADR Institute of Ontario.

ALTERNATIVE METHODS OF DISPUTE RESOLUTION (ADR). WHY IS ADR NEEDED? Courts expensive Courts time-consuming Courts traumatic Public hearings bring unwelcome.

A REPORT ON THE PUBLIC HEARING ON ACCESS TO JUSTICE Conducted by the ABA Standing Committee on the Delivery of Legal Services on August 10, 2002 ~Draft~

Resolution of Conflicts, Options under Mexican and Chinese Laws

Trials and Resolving Disputes

1 Agenda for 18th Class Admin – Name plates – Handouts Slides Shavell Mediation – Chart of teams and rooms – Guidelines for Students – Materials for Mediators.

ARBITRATION TASK FORCE ARIASU.S Spring Conference May 2013.

THE ADR PROCESS ~~~~~~~~~~ KEY ISSUES AND ELEMENTS PRESENTED BY: Anthony N. Palladino Associate Chief Counsel and Director FAA Office of Dispute Resolution.

Bilateral Action in Alternative Dispute Resolution

By Group D The Law of Arbitration by Group D The Law of Arbitration.

ALTERNATIVE DISPUTE RESOLUTION. King and Webb. Alternative dispute resolution facilitators. Are you involved in a dispute? Do you want a Speedy, cheap.

An Scoil Dli, UCDUCD School of Law Decision Making in the Context of the Administrative Sanctions Procedure A programme for Inquiry Members of the Financial.

Alternative Dispute Resolution Mediation. What is Dispute Resolution? Methods to resolve a conflict Methods to resolve a conflict May be referred to as:

What is ADR? The selection and application of a dispute prevention or resolution tool that results in a decision made by the.

© 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved.1 PowerPoint Slides to Accompany The Legal, Ethical, and International.

International Mediation Speaker: Colin Russ CEDR Solve Mediator & ADR Consultant.

The UNCITRAL Model Law on International Commercial Arbitration: 25 Years 4 June 2010 “The Influence of the UNCITRAL Model Law in Hong Kong and China”

1 ETHICAL LAWYERING CLASS 3. 2 Cal. Bus. & Prof (a) Any person advertising or holding himself or herself out as practicing or entitled to practice.

Introduction to Legal Studies LAWS 1000 – End of Year Review: 2 nd Semester Materials.

How to Change a Litigation Department Into a Dispute Resolution Service Glenn Jones Lane Neave AMINZ Conference 8 August 2009.

Regulation and Discipline. LAWYER’S ROLES Representative of the client Officer of the court Public citizen.

Choosing Suitable Mediation Tools and Achieving Results

Preparation/Pre-Mediation Learn about the case and the parties

Resolving Health Care Disputes

ARBITRATION IN INDONESIA

ALTERNATIVE DISPUTE RESOLUTION

ENSURING ACCESS TO JUSTICE IN A NEUTRAL COURT

Resolving Health Care Disputes

Alternative Dispute Resolution

Mediation - a brief summary

Civil Pretrial Practice

Chapter 3 Legal Representation and Alternative Dispute Resolution.

Mediation Law in Austria

Presentation transcript:

Ethical Considerations in Dispute Resolution Practice Thursday, October 29, 2015 Kimberlee Kovach Kovach Dispute Resolution

Overview & Agenda Focus on the Lawyer Representative rather than the Neutral Numerous different Codes or Standards for Neutrals, though issues regarding enforcement Examination of potential Ethical Issues of the Lawyer (and the Client) in Mediation / Negotiation Concerns and Issues in Arbitration Practice Process Understanding Disclosure Matters Partiality and Appearance of Bias

Overview & Agenda, cont’d. Standards in Transactional Negotiation Negotiating a Dispute Resolution Clause Contracting for Ethics / Standards of Conduct Potential of Issues Arising in Multi- Jurisdictional Practice Mediation Arbitration Dialogue and Idea Exchange State Bar ADR Section Efforts Global Pound Conference

Background of Legal Ethics Role of the ABA Then Now Need for Additional Considerations State Bar of Texas Other Options, since little real guidance

Concerns: The Playing Field Changed Understanding the Evolution of Law Practice Different Approaches, even in Litigation No Longer, One Size, Color, Shape Fits All Situations Need to Examine the Changes in the Lawyer’s Role in Negotiation, Mediation and Settlement Understanding that Effectiveness in the Courtroom Differs Considerably from Effectiveness in Mediation and / or at the Negotiation Table

Issues in Lawyer Representation in Dispute Resolution Processes Practice of Law ? Rules and Guidelines Inconsistency of Process and Rules – Folly Focus on Mediation and Collaborative Negotiation

Lawyer Representation: Sample Considerations in Mediation and Negotiation Realization / Understanding of Real Paradigm Change Overlapping Use of Tactics & Strategies Inappropriate at Best, perhaps Malpractice at worst Real Need for Change in Rules Knowledge / Understanding of Negotiation Role of Mediator – Educator ? Enforcer ? Other ? Practical Considerations

The Rules…. Rule 2.1 Advisor Comments Rule 3.2 Expediting Litigation Rule 4.1 Truthfulness In Statements To Others Rule 8.4 Misconduct

Practical Considerations Dispute Context Enforceability of Mediated Settlements… Transactional Negotiations

Legal Representation: Sample Considerations In Arbitration Understanding the Process Importance of Disclosures- ongoing Real Consequences Repeat Players Questionable Authority of Panel / Arbitrator Roles Distinct – what happens when advocate a neutral Problematic Blending of Processes Clarity in the DR Clause

Multi-Jurisdictional and International Considerations Practice of Law Issues ? Differing Court Holdings What Ethical Standards Apply ? How Culture Impacts Ethics / Morals Any Changes Possible / Probable ?

+ Going Forward… Establishing Effective Dispute Resolution Procedures Contractual Ethics to Govern Procedures Education and Enforcement Other Considerations…

+ Going Forward: Looking at Alternatives… Role of Courts Foundation of Best Practices Role of State Bar Associations Current Efforts in Texas Scope of Applicability of Enforcement Entities Private Justice ? Contractual Ethics

+  Options  Concerns  Ability to Craft or Design  Means to Enforce  Other Considerations

+ The Global Pound Conference Background and Overview Importance of equal participation of four stakeholder groups Providers Advisors Users Miscellaneous Texas (and central US) Event – first quarter of 2017

+ Additional Dialogue / Feedback / Questions & Comments