Commission on Facilities for the Resolution of Mass Claims
In light of recent case activity, the CPR Mass Claims Commission is currently exploring how it can aid the Veteran’s Administration with its backlog of cases. The US Supreme-Court has been asked to review a 2-1 9th Circuit decision holding that the delays in veterans receiving disability benefits violated due process and were unconstitutional, setting the stage for federal court oversight of the application determinations, and agency appeals. 75,000 veterans are awaiting mental health treatment due to “an unprecedented” number of post-traumatic stress syndrome claims because of the Iraq and Afghanistan wars. Congress has taken notice of this epidemic and has directed the VA to implement a comprehensive fix, “the petition states, “but the VA has failed to implement procedures necessary to ensure that our Nation’s veterans receive the benefits to which they are entitled.” CPR’s Mass Claims Commission has written a proposal that would provide an ADR solution to the underlying problem and is working on promoting the proposal to the VA.
CPR’s Commission on Facilities for the Resolution of Mass Claims is chaired by Kenneth R. Feinberg of The Feinberg Group, and Deborah E. Greenspan of Dickstein Shapiro Morin & Oshinsky, serves as Reporter. Assisted by counsel, academics, neutrals, and experts on complex claims management, they draw upon their rich and varied experience to develop meaningful guidelines for managing and resolving mass claims of different kinds. Their most recent product was the Master Guide to Mass Claims Resolution Facilities (2011).
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 other members.
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).
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.
CPR International Project
CPR regularly hosts delegations from countries and institutions seeking to establish new ADR programs. The following is a selection of recent visitors.
Vietnam Delegation
On October 19, 2012, CPR hosted a delegation of the Vietnamese Ministry of Justice, which included the Deputy Minister. The Vietnamese visitors presented CPR with a plaque, which displays the Ministry of Justice.
Kosovo Delegation
In September 2012, CPR hosted a delegation of the ADR Center of the American Chamber of Commerce of Kosovo.
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.
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.
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.
Russian Delegation
In July 2010, CPR hosted a delegation of Russian academic and business leaders who were studying ADR usage in the U.S.
Croatia Mediation Assistance Project
CPR spearheaded the provision of training, consultation, written instruction materials, and other resources on how to design, implement, and operate nationally indigenous Croatian commercial mediation centers.
Chinese Delegations
In 2007 and 2008, CPR hosted a group of third party neutrals and judges from the Wuhan and Ningbo Provinces of China.
Egyptian Delegation
In 2007, CPR hosted a delegation of Egyptian judges seeking information on court annexed mediation structures.
Japanese Delegation
In 2006, together with Employment Disputes Committee Chair, Jay Waks of Kaye Scholer, LLP CPR hosted a delegation of Japanese government officials and academics who are studying the use of ADR and ombuds programs to resolve employment disputes.
East Indian Delegation
In August 2005, CPR hosted a delegation of Indian business leaders and government officials. CPR taught them about the use of mediation in the U.S. and its applications in the business sector.
Czech Republic Gathering
In October 2005, CPR participated in a presentation organized by CPR member Northrop Grumman on ADR in the Czech Republic. Participants discussed how ADR may be more effectively deployed in the Czech business community.
CPR Hosting of European Judicial Officials
In the fall of 2005, CPR hosted a meeting of European judicial officials led by Lord Woolf of Barnes, Lord Chief Justice of England and Wales. This group investigated best practices in mediation across European borders.
Case Study of a Settlement Model
In 2004, CPR, in conjunction with Fordham University School of Law and its Program on Conflict Resolution and ADR, initiated a case study of a settlement model used for a major employment discrimination class action. Funding was provided by a federal district court for the case study.