Public Policy Initiatives

Our mission is to help policymakers in this country and abroad install ADR soundly in the public sector, academia, and in legal practice. For more information on how to support or get involved with this work, contact Helena Tavares Erickson at herickson@cpradr.org. Download a PDF of the Public Policy Projects flyer here.

In 2011-12, CPR’s Public Policy Projects focused on the following areas:

Commission on Facilities for the Resolution of Mass Claims

Corporate entities facing mass litigation and their law firms, victims’ counsel, neutrals involved in facilities settlements, and resolutions, as well as government agencies have a very strong interest in and need to ensure that distribution systems are most efficient and equitable.

In response, CPR launched a Commission on Facilities for the Resolution of Mass Claims. Kenneth R. Feinberg of The Feinberg Group acts as Chair and Deborah E. Greenspan of Dickstein Shapiro Morin & Oshinsky, serves as Reporter for the Commission. Mr. Feinberg and Ms. Greenspan are, respectively, the former Special Master and Deputy Special Master for the September 11 Victims’ Compensation Fund Program, designated by Congress to provide families of victims alternatives to litigation. Mr. Feinberg also serves as the Obama Administration’s “Pay Czar” and as the administrator of the BP Independent Claims Facility (ICF) for claims in connection with the BP oil spill.

Led by counsel, academics, neutrals, and experts on complex claims management, the CPR Commission drew upon their rich and varied experience to develop meaningful guidelines for managing and resolving mass claims of different kinds.

In April 2011, Dickstein Shapiro hosted a Reception in Washington, DC to announce the publication of the final product of the CPR’s Commission work, Master Guide to Mass Claims Resolution Facilities. The book provides a roadmap for determining who is entitled to receive money and guidelines for implementing the distribution.

The Mass Claims Commission is currently exploring an approach to addressing concerns about the constitutionality of the process the U.S. Veterans Administration uses to address disability claims appeals. >more

CPR Academic Project

CPR is committed to communicating the best and most innovative dispute resolution ideas and theories from academic leadership to the CPR membership of corporate general counsel, partners in leading law firms, judges, and public sector leaders.

CPR’s Objectives:

Bridge the perceived divide between theory and practice
Build the best of dispute resolution theory into the mainstream of law practice and dispute resolution design
Ensure that theorists and researchers understand the realities of real-world problem-solving

This dialogue has particular importance at this time, as more and larger private and public ADR systems are being developed to handle growing segments of legal, business, environmental, and public disputes.

Academic Contributions: Under the CPR Academic Project, legal educators are routinely involved in CPR projects and in meetings of its various industry practice groups. Academics contribute to the revisions of CPR publications and rules, and serve as faculty at CPR meetings and trainings.

Law Student Intern Program: As part of its academic project, CPR has a Law Student Intern Program, which draws students from a variety of law schools. Under the mentoring of CPR senior staff, the students assist in cutting-edge projects and publications. Recent projects have included web and print articles on U.S. Supreme Court and federal circuit court opinions; the Arbitration Fairness Act; mass claims, and CPR events. In 2011, CPR also created a website to showcase the various accomplishments of its Interns, including photographs, video and quotes from its previous interns. Finally, CPR’s interns developed a new section on the website, ADR 101, which provides basic ADR information for in-house counsel and others. Our mission is to help policymakers in this country and abroad install ADR soundly in the public sector, academia, and in legal practice. Find out more about our Intern Program here. See the Interns page on our website here.

2011-2012 Georgetown/CPR International Arbitration Writing Contest

CPR has now overseen two Georgetown/CPR International Arbitration Writing Contests. Open to students currently enrolled in a Georgetown University Law Center program and recent Georgetown University Law School graduates, the contest recognizes individuals for elevating the scholarship, discourse and application of international arbitration and its principles.

The 2011 winner was Solomon Ebere for his article: “Summary Adjudication in Arbitration Proceedings: Is it Time for Arbitrators to Step Up and Start Hearing and Granting Dispositive Motions in Appropriate Circumstances?” Three awards for honorable mention were also awarded to Felipe Suescun de Roa, “Comments on the ICSID Award Saipem v. Bangladesh: Would its Rationale Be Applicable in Future Cases?”; Jean-Baptiste Pessey, “When to Grant Security for Costs in International Commercial Arbitration: The Complex Quest for a Uniform Test”; and Thor G. Imsdahl, “Quo Vadis? A Shifting Standard of Impartiality and Independence.”

The 2012 winner will be chosen in the second quarter. >more

Fortune 1000 ADR Survey

In conjunction with Cornell University’s Scheinman Institute on Conflict Resolution and Pepperdine University’s Straus Institute for Dispute Resolution, CPR is co-sponsor of a followup survey of Fortune 1000 companies regarding their use of ADR. The original survey, “The Appropriate Resolution of Corporate Disputes: A Report on the Growing Use of ADR by U.S. Corporations,” was distributed a decade ago. The follow-up will explore current ADR use by the Fortune 1000 and identify changes in practices that these companies have introduced in recent years. The results were released in early 2012 at CPR’s Annual Meeting and can be accessed via a CLE program on WestLegalEd at WestLegalEdcenter.com (to be posted in April).

Y-ADR

CPR’s “Y-ADR” Group - Young Attorneys in Alternative Dispute Resolution - introduces young lawyers to in-house counsel in the international ADR practice area. The seminars, hosted by CPR member law firms, are free to participants. Some offer CLE credit and are offered as online seminars via CPR’s alliance with WestLegalEdCenter, a Thomson Reuters division. CPR also recently launched a Y-ADR Group on LinkedIn, which allows participants to continue the conversation on the web. It currently boasts more than 40 members. Find out more here.

On June 28, 2011 CPR held a Y-ADR event, “Early Case Assessment: How Corporations Decide What Dispute Resolution Mechanism is Right for Them,” at the Washington, D.C. offices of Milbank, Tweed, Hadley & McCloy LLP. The panel featured corporate counsel from Blackboard Inc., E. I. du Pont de Nemours and Company, Intelsat, GE Capital, and GlaxoSmithKline.

On October 19, 2011 the Boston office of Mintz Levin Cohn Ferris Glovsky & Popeo, P.C. hosted “Successful ADR Strategies For Life Sciences Companies: What Young Lawyers Should Know,” which featured in-house counsel from leading drug companies, including Abbott Laboratories, Pfizer, Qiagen and AVEO Pharmaceuticals.

On November 16, 2011 the London offices of Herbert Smith LLP hosted “What Defines Success in Mediation,” a distinguished panel of in-house counsel discussed their views on what, in the modern ADR world, defines mediation success. Panelists included international practice attorneys from Lloyds Banking Group, BP, Chartis Insurance, Shell, Financial Services Authority, and GlaxoSmithKline.

On February 8, 2012 the offices of Shearman & Sterling in Paris, France hosted “Developments in International Arbitration from the In-House Perspective” bringing together leading in-house counsel in Europe to offer their perspective on how arbitration can be used most effectively to achieve the best results, from the drafting of arbitration clauses to the selection of arbitrators and counsel. Panelists included Technip, Alstom (Switzerland) Ltd., Qioptiq and UNESCO.

Upcoming Y-ADR Events: April 2012-Morrison & Foerster LLP-San Francisco, CA; June 20, 2012-Y-ADR will be at the 7th Annual ITA Dallas Roundtable-The event is sponsored by CPR’s Y-ADR, ICC Young Arbitrators Forum, ICDR Young & International, ITA Young Arbitrators Initiative, and LCIA Young International Arbitration Group; and July 2012-Allen & Overy LLP-New York, NY.

CPR Judicial Project

Since its inception in 1985, the CPR Judicial Project has assisted the judiciary, policymakers, and counsel to make sound decisions concerning ADR and the public justice system in the United States and internationally. Judges are invited to contribute their expertise to CPR Committees and events. As part of the Judicial Project, CPR participates in the annual Mediation Settlement Day for the New York State Courts and regularly runs ADR training programs for court mediators.

Eastern European Delegation

In August 2011, CPR hosted a State Department delegation from former Soviet bloc nations on under the auspices of CPR’s Public Policy mission. The representatives of Armenia, Moldavia and other nations looked to CPR for an introduction to the field of commercial arbitration in the U.S.

US-China Exchange Council, China State Council, Office of Legislative Affairs Delegation

In October 2011, CPR hosted a delegation from the US China Exchange Council at CPR’s New York offices.

The Korea Fair Trade Mediation Agency

In December 2011, a group of delegates from the Korean Fair Trade Mediation Agency visited CPR to gain more knowledge of both CPR and ADR.