This is an online event presented by Procopio LLP. Sign in instructions will be sent prior to the presentation.
Overview (Program Summary)
Mediation has become an extremely popular method of settling legal disputes. Our highly experienced panel has seen it all and will break it down and consider the who, what, when, and where of mediation from all angles, including the role of corporate counsel. We will discuss the upsides of having a mediation clause in your contracts and what it should say. We will consider the benefits of pre-dispute mediation and the challenges of mediation during various stages of arbitration and litigation. We will also examine service provider options and the choice of the use of retired judges or lawyers serving as mediators, and compare online vs. live mediation. We will discuss the roles of the parties, in house and outside counsel, mediator, and insurance carrier representatives during the mediation and techniques for breaking through impasse. How should you as corporate counsel prepare to go into a mediation most effectively to get the most out of the mediation? Our program will give you insights from multiple veteran perspectives.
Successful Alternative Dispute Resolution for Your Company | Part 2: Arbitration (August 11, 11:30 AM)
Is arbitration really more speedy, efficient, flexible and economical than litigation? In this discussion our panelists will consider the benefits as well as the downsides of arbitration, in the context of a variety of disputes. We will examine the in-house counsel’s role throughout the arbitration process from the contracting stage through the point of dispute, and through the arbitration hearing and beyond. We will discuss the design of arbitration clauses, and their implementation and enforcement. We will consider dispute resolution providers and their rules and policies, including the merits of the use of private judges vs. lawyers as arbitrators. We will address early determination of issues through dispositive motions, discovery, and whether to preserve a right of appeal in connection with the arbitration process. Our panelists will also provide insights concerning their experiences with arbitration of diverse corporate, commercial and employment related disputes, including the importance of establishing a realistic schedule, creativity in the arbitration setting, as well as coordinating the settlement process with the arbitration process.