Current CPR One-Hour Webcasts:

 NOW ON DEMAND:  ETHICS CLE CREDIT--Excellence in ADR Ethics 2010

Summary:  CPR Institute Senior Vicep President Helena Tavares Erickson on the duty to advise in ADR; truthfulness, puffing, and lying; the duty of candor owed to an ADR neutral; good-faith participation; confidentiality; and unauthorized practice of law rules, and their relationship to ADR participation.  A one-hour Ethics CLE session accredited in jurisdictions nationwide, and available in many locations as a podcast for CLE on-the-go.
 

NEW ON DEMAND: Deal or No Deal: Leveraging Information to Overcome Psychological Barriers to Efficient Deals

 FROM THE CPR 2010 ANNUAL MEETING: Mediator v. Arbitrator: Disclosure and Other Ethical Issues

Summary:  An Ethics CLE session featuring a discussion of the practice landscape, including waivers of liability, immunity, vacatur of awards, institutional guidelines, and the med-arb dilemma.
 

FROM THE CPR 2010 ANNUAL MEETING: The Future: Predictions and Prognostications

FROM THE CPR 2010 ANNUAL MEETING: Dispute Prevention and De-escalation: How to Draft and Deploy "Real Time" Resolution Tools

Summary: The panel, moderated by veteran New York attorney Joseph T. McLaughlin, of counsel to Bingham McCutchen and a JAMS neutral, and featuring commentary by MIT/Harvard Law Prof. Lawrence Susskind, who founded the Consensus Building Institute of Cambridge, Mass.--explores conflict prevention systems and provide practical and tested techniques for successful long-term contract arrangements.

FROM THE CPR 2010 ANNUAL MEETING:  New Business Realities and the Role of ADR: The GCs Weigh In

Summary:  General counsel from Nestle, GE Capital Corp., ITT Corp., Fidelity Investments/FMR LLC examines whether changes are needed in the Federal Rules of Civil Procedure, and discuss their use of ADR--now, and what they expect in the future.   

FROM THE CPR 2010 ANNUAL MEETING: Arbitration Under Attack: The Future of ADR

Summary:  An international panel of experts, moderated by former New York state Court of Appeals Chief Justice Judith S. Kaye and featuring American Arbitration Association Senior Vice President Richard W. Naimark, discuss the prospects for domestic and international arbitration in light of the Congressional proposal, the Arbitration Fairness Act of 2009. 

FROM THE CPR 2010 ANNUAL MEETING: Doing Business In Asia - ADR Advice From Regional Experts

Summary:  It is essential that U.S. companies and their legal advisers doing business in Asia have a basic understanding of the local ADR law and practice.   Five experts based in Asia full-time visit CPR to discuss the practice particulars.

ETHICS CLE CREDIT:  An archive version of the 12/21/09 and 5/11/09 broadcasts of the Master Mediator Series: The Ethics of Fictional Lawyers

Summary:  Master Mediator Bob Creo of Pittsburgh returns for an Ethics CLE credit session, on how attorneys in fiction acted--and why we can’t do what they did in real practice.  This session takes account of the popular portrayal of lawyers, and the ethics issues they raise under the ABA’s Model Rules of Professional Conduct.

Charles Craver's negotiation session, "The Effective and Somewhat Deceptive Competitive/Problem-Solving Style"

Summary:  In his third CPR Institute online seminar, Charles B. Craver----Freda H. Alverson Professor at George Washington University Law School--expands on his November Alternatives cover story, discussing different negotiating techniques you are likely to face at the bargaining table,  and how you should deal with them.  He will examine how recent research translates into practice, and explain how the iconic Cooperative/Problem Solving style of negotiation has been giving way to a new definition of what makes a highly effective negotiator:  Those who are ready to solve problems, but also are competitive.

The Six Stages of the Negotiation Process

SUMMARY:  Break it down, make it better.  Charles B. Craver returns to the CPR Institute and WestLegalEdcenter for his second one-hour session analyzing negotiation.  This course covers Prof. Craver's six negotiation stages: Preparation, Relationship-building, Information-exchange, Distribution, Closing, and Cooperation.  The program provides the fundamental structure of negotiation interactions and will make you a better bargainer. Craver is an internationally recognized expert on negotiating. 

Tips from the Trenches in a Tough Economy:  Insights from In-House Counsel About Today's Priorities and What it Means for Young Attorneys

SUMMARY:  The CPR Institute's inaugural YADR event is now available for CLE credit.  YADR exposes young attorneys to in-house counsel in the international ADR practice area.  This June 2 standing-room only New York panel discussion was moderated by YADR chair Dana MacGrath, senior counsel at the event's host, Allen & Overy, and provided an inside's look at the role of ADR systems and practices in corporations and multi-national organizations.  The panel included Michelle H. Browdy, Vice President and Assistant General Counsel, IBM Corp.;  Duncan MacKay, Deputy General Counsel, Northeast Utilities; and Beth Trent, Legal Director, Schering-Plough Corp.

ETHICS CLE CREDIT: Negotiation Ethics for Real World Interactions

SUMMARY:  The presentation, which provides one hour of Ethics CLE credits, addresses deceptive and paritally deceptive tactics, offensive conduct, unconsiconable agreements, and similar issues.  The instructor is Charles B. Craver, who is Freda H. Alverson Professor of Law at the George Washington University Law School in Washington D.C.  Prof. Craver regularly teaches a course on Legal Negotiating. Over the past 30 years, Prof. Craver has made presentations on Effective Legal Negotiation and on Alternative Dispute Resolution Procedures to more than 80,000 individuals throughout the United States and in Canada, Mexico, Puerto Rico, Austria, England, Turkey, and the People’s Republic of China. He has won teaching awards at three different law schools.  This program is the first in a series for the CPR Institute Prof. Craver will present at WestLegalEdcenter.com.  His next session, "The Six Stages of Negotiation," will be presented live Wednesday, Sept. 23, 2009.

The Master Mediator: I'm Sorry? Acknowledgment and Apology in Preventing Medical Malpractice Claims

SUMMARY: An exploration of the pros, cons, ethics, legal ramifications, and efficacy of health care providers discussing medical errors with patients and family and the role of apology in resolving claims.  This is the on-demand version of the first of six live presentations by the CPR Institute’s Master Mediator website columnist, Pittsburgh neutral Robert A. Creo.

The Evolution of the New Lawyer: Challenges for Legal Practice in the New Millennium  

SUMMARY: Prof. Julie Macfarlane’s new book, “The New Lawyer,” looks at the ways in which the “vanishing trial” and the move toward early, institutionalized settlement processes is changing the practice of law.  As clients press for more cost-effective, solution-oriented processes, lawyers are building on their more traditional skills--in courtroom advocacy and positional bargaining--to develop new skills and tools in advocacy and negotiation that are a better match for newer conflict resolution settings such as mediation, four-way collaboration and settlement conferencing. This webcast will also explore how these new roles and settings affect the lawyer-client relationship, and how lawyers might anticipate and manage those changes. This webcast is a must for any lawyer who realizes that his/her practice is changing and wants to know what the empirical research tells us about these changes--and how to ensure the best client service and practice in the face of these challenges.

ETHICS CLE CREDIT: Advocating Ethically in ADR Proceedings

SUMMARY: Ethics webcast with Helena Erickson of the CPR Institute and will including information on:

• The duty to advise in ADR.
• Truthfulness in statements to others (such as puffing and lying).  Can you do it in an ADR proceeding?   
• Duty of candor: Is it owed to an ADR neutral?
• Good-faith participation: How much good faith is necessary?  Can it be coerced?
• Confidentiality: Are all ADR processes confidential?
• Unauthorized practice of law:  Do advocates in ADR processes need to be admitted in the forum?

This presentation provides one hour of Ethics CLE credit.

Advantages of Early Case Assessment

SUMMARY: Join in-house leader, Phil Armstrong from Georgia-Pacific, as he describes his long-proven methods for early case assessment--putting new matters on a fast-track, soon after they are filed, for better, faster, and more economical resolution.

Energy Charter Treaty

SUMMARY: Energy charter treaty arbitrations against sovereign states.
     
Third Party Witnesses and Document Production in Arbitration

SUMMARY: Baker & McKenzie partners provide a practical and topical guide to the subject of obtaining evidence from nonparties for use in arbitration. They will cover issues relating to obtaining (i) documentary evidence and (ii) testimony both prior to a hearing and at a hearing.  The session will cover practical aspects as well as the state of the law.    

The Final Step: Issues in Enforcement of Mediation Settlement Agreements

SUMMARY: Edna Sussman explores the issues in enforcement of mediation settlement agreements.  This session will cover one of the stickiest points in the world of conflict resolution, the legal and practical requirements needed after the deal is struck, to make sure that settlement can be implemented.  Ms. Sussman will discuss the latest case developments in the area of enforcing the agreements that parties have reached—or may think they have reached—in mediation.  An experienced arbitrator, Ms. Sussman will guide you through the issues and propose practical tips in the enforcement of mediation settlement agreements.
     
ETHICS CLE CREDIT: Ethics for ADR Advocates

SUMMARY: This session will focus on the ethics of an ADR setting. This session will cover:

• Truthfulness in statements to others (such as puffing and lying).  Can you do it in an ADR proceeding?   
• Duty of candor: Is it owed to an ADR neutral?
• Good-faith participation: How much good faith is necessary?
• Confidentiality: Are all ADR processes confidential?
• Unauthorized practice of law:  Do advocates in ADR processes need to be admitted in the forum?

This session provides one hour of Ethics CLE credits.

Fourth Annual CPR European Congress on Business Dispute Management: Real-Time Dispute Management Process

SUMMARY: Some endeavors, by their nature, cannot wait for disputes to be resolved.  A building that is delayed is costly not only to owners and tenants but to an entire community.  A swim match needs a winner, not a protracted argument.  These practitioners explain how "real-time" dispute resolution processes work, and speculate on their broader applicability.

Is Manifest Disregard Dead After Hall Street Associates?

SUMMARY: Did the U.S Supreme Court decision in Hall Street Associates L.L.C. V. Mattel Inc. cut off challenges to arbitration awards based on the longstanding judicial standard, manifest disregard of the law?    Join Jeffrey Barist, partner with Milbank, Tweed, Hadley & McCloy LLP, John Gardiner, partner with Skadden, Arps, Slate, Meagher & Flom LLP, and Hans Smit, Stanley H. Fuld Professor of Law, Columbia University Law School, as they lead an engaging discussion on this hot topic decision.
     
Expected Value Arbitration

SUMMARY: Two risk-averse parties disagree on their likelihood of prevailing on a claim based on statutory interpretation but don't wish to gamble on an adjudicated outcome.  Why not empower an arbitrator, not to issue a win/lose award, but instead to determine the likely outcome at trial and award dollars based on that percentage likelihood?  Plus, a decision tree is created early and maintained throughout motions, discovery and presentations.  A transparent process that lowers litigation costs, prompts earlier settlement, avoids risks, respects average results at trial ? what?s not to like?
     
"You Say You Want To, But You Don't": Crafting Dispute Management Clauses as a Matter of Organizational Policy and Practice

SUMMARY: Considering how many companies and law firms have subscribed to the CPR Pledges, it’s remarkable how few commercial contracts feature sophisticated dispute resolution clause drafting. Why is that?

Conflict Management as an Attribute of Leadership

SUMMARY: It's one thing to advocate the benefits of integrated dispute management systems within an enterprise. It's another to acquire the critical skills and experience needed to become a "conflict-competent leader."  These authors show how competent leadership can change even the most complex enterprises, but only if that leader becomes a model for effective conflict behaviors.

Arbitration: Making it Faster, Better, Cheaper - and More Accountable

SUMMARY: Some of the world's leading arbitration organizations have assembled some of the world's leading thinkers to study the process of commercial private adjudication, in an effort to create a process that better serves the aims, and meets the commercial expectations, of the corporate end-users.  But have they succeeded?