Thursday, March 08, 2018

Keynote Address by Hon. Layn Phillips

AM18 began with an opening keynote address by Hon. Layn Phillips, founder of Phillips ADR Enterprises (PADRE) and current CPR Board Member; who has also served as a former United States Attorney and a former United States District Judge. Phillips mediated a live mediation session about The Confederate Monuments Debate.

The keynote provided a rare opportunity to witness a virtuoso mediator in action. Risky and rewarding, conference attendees saw the tools of ADR as they were skillfully applied to a real-world dispute involving entrenched positions and deeply-felt convictions. Skilled mediation facilitates movement, enables parties to better understand their options and helps build a mutually beneficial and sustainable agreement – and uses techniques that are easily applicable to the most difficult challenges presented in resolving commercial disputes.

Session 1: PREVENTION IS THE NEW RESOLUTION: 

As corporations become increasingly sophisticated, they are looking further upstream – not just at early detection and assessment, but at methodologies aimed to prevent disputes before they arise. From newfangled contractual dispute prevention language, to from-the-start techniques such as standing, hovering and on-call neutrals, this discussion will focus on how companies and counsel are practicing preventative dispute management.

How does one inculcate a culture of compliance? What are companies doing to train and prepare teams to identify and remedy budding disputes? This panel explored how dispute prevention is mechanized and maintained.

Moderator:
Noah J. Hanft I CPR Institute

Panelists:
Joan Steams Johnsen I University of Florida Levin College of Law
James Masterson I Mastercard
Scott S. Partridge I Monsanto Company
Peter H. Rosenbaum I Jenner & Block

Session 2: Tracked Sessions

Tracked Session 2A: RESOLUTIONS IN THE WAKE OF DISASTER: Fire, flood, famine. The rising impact of natural disaster and political upheaval cannot be ignored. How are practitioners using ADR to mitigate costs and help to bring business stability in chaotic times? 

Moderator:
John M. Sylvester I K&L Gates LLP

Panelists:
Erin Gleason Alvarez I Gleason Alvarez ADR Steven J. Antunes I AEGIS Insurance Services, Inc. Vijay Bondada I Duke Energy
Kenneth E. Ryan I Wiley Rein LLP

Tracked Session 2B: ADR IN THE WAKE OF THE #MeToo MOVEMENT: Leading representatives of corporate defense, plaintiffs’ bar and government agencies discussed the impact the #MeToo movement is having on the arbitration and mediation of sexual harassment claims brought by employees and explore creative ways companies can use ADR to resolve these disputes without sacrificing the ability of victims to stand together, the accountability and justice the #MeToo movement has shown is necessary to end the prevalence of sexual assault and harassment in the workplace.

Moderator:
Sarah E. Bouchard I Morgan, Lewis & Bockius LLP

Panelists:
Lisa J. Banks I Katz, Marshall & Banks LLP
Diane Dann I MasterCard
Joseph B. Farrell | Latham & Watkins
Clinton J. Smith I US Equal Employment Opportunity Commission Atlanta District Office

Launch of the CPR Mediation Guide

At lunch on Thursday, CPR debuted its new Mediation Guide, which begins with a discussion on when to contemplate mediation and then takes the in-house reader though every step in the process: from convening the process and making negotiations plans before the in-person session to creative solutions for overcoming impasse and structuring a settlement agreement. 

Session 3: REGULATORY UPHEAVAL: NAFTA, BREXIT & RENEGOTIATIONS

This panel focused on two ongoing treaty negotiations for NAFTA and Brexit that have common themes but raise very different issues about the future of arbitration in the Americas and Europe. The panel will discuss both the business impacts ofNAFTA and Brexit and the related changes that may come about in arbitration. Both negotiations arise from demands for more focus on nationalism, which could result in significant changes in the regulatory structure that face executives in international commerce. Among those changes could be changes in where and how arbitration of disputes will be resolved. 

Moderator:
Mark A. Cymrot I Baker & Hostetler LLP

Panelists: 
RalfLindback I Wartsila Corporation
Liz Snodgrass I Three Crowns
Robert Wisner I McMillan LLP

Session 4: WHY DON'T ARBITRATIONS SETTLE? 

WHY DON'T ARBITRATIONS SETTLE: This panel, composed of experienced practitioners and corporate users from South America, Asia, Europe and the United States, examined whether this phenomenon holds true internationally, the reasons why arbitrations may settle less frequently, and whether there are ways to modify the arbitral process to enhance the likelihood of the ultimate ADR tactic: settlement. 

Moderator:
John J. Buckley, Jr. I Williams & Connolly LLP

Panelists:
Chiann Bao I Skadden, Arps, Slate, Meagher & Flom LLP
Marcelo Roberto Ferro I Ferro, Castro Neves, Daltro & Gomide Advogados Maurice J.H. Kuitems I Flour Corporation
Nancy Lesser I Pax ADR LLC
Edna Sussman I Sussman ADR LLC

Session 5: MASTER MEDIATORS: VIRTUOSOS IN ACTION

This discussion covered how there is no better way to learn the best mediation tactics than to observe seasoned veterans playing their trade.

Moderator:
Jana Litsey I The Huntington National Bank

Panelists: 
Kenneth R. Feinberg I The Law Offices of Kenneth R. Feinberg, PC
Eric D. Green I Resolutions, LLC
Hon. Layn R. Phillips I Phillips ADR
Linda R. Singer, Esq. I JAMs and CPR Neutral

Inspiring Innovation Award Dinner

Thursday night was the Inspiring Innovation Award Dinner, Honoring ExxonMobil and Eugene Silva, Counsel, International Disputes Group., for their innovative ADR thinking and excellence in execution. 

Friday, March 09, 2018

Keynote Address by Andrew Young

AM18’s second day began with a keynote address by Andrew Young, Chairman of Andrew J. Young Foundation, former U.S. Ambassador to the United Nations, and former Mayor of Atlanta, Georgia.

Session 6: BUSINESS ROUNDTABLE: GENERAL COUNSELS' PERSPECTIVES ON ADR IN AN INCREASINGLY FRACTURED WORLD

General Counsel from the world's leading corporations discuss what is on their minds and where they see the future of dispute prevention and resolution.

Moderator:
Kenneth A. Gallo I Paul, Weiss, Rifkin, Wharton & Garrison LLP

Panelists: 
Norman M. Brothers, Jr. I UPS
Pilar Ramos I MasterCard
Teresa Wynn Roseborough I The Home Depot
Thomas J. Sabatino, Jr. I Aetna, Inc.

Session 7: CYBERSECURITY & DISPUTE RESOLUTION

This panel will address a broad range of issues concerning cybersecurity, including issues specific to international arbitration, cybersecurity threats and challenges facing businesses, and developments in the areas of cybersecurity legislation and policy. 

Moderator:
Micaela R.H. McMurrough I Covington & Burling LLP

Panelists: 
Sen. Saxby Chambliss | DLA Piper
Stephanie Cohen I Independent Arbitrator
Hagit Muriel Elul I Hughes Hubbard & Reed LLP Robert L. Levy I Exxon Mobil Corporation

CPR AWARDS CEREMONY LUNCHEON

Session 8: Tracked Sessions

Section 8A: INNOVATIVE CONSTRUCTION PROJECTS: 

This knowledgeable panel will discuss the projects and their risk strategies with emphasis on methods used by the construction industry for innovative projects that may be relevant across other industries and projects. 

Moderator:
Jennifer Wheatley Fletcher

Panelists:
Annalisa Bloodworth | Oglethorpe Power Corporation
Kent W. Collier | Greyling Insurance Brokerage and Risk Consulting, Inc.
Bharath Parthasarathy | Georgia State University

SESSION 8B: UTILIZING ARBITRATION TO RESOLVE AUDIT-RELATED DISPUTES AROUND THE WORLD

Audit engagements are amongst the most common contractual relationships in the world, as most companies require the services of an external auditor. Unsurprisingly, disputes between external auditors and their clients also arise from time to time, just like any other commercial relationship. Yet, auditors and their clients historically have rarely used arbitration agreements in their audit engagement letters, even with companies that commonly use arbitration agreements for their other commercial relationships. In the past 5-10 years, audit firms and their clients in the United States increasingly have moved to arbitration for their audit relationships. However, arbitration still is rarely used for audit engagements outside of the United States. This session explored a number of related issues.

Moderator:
Javier Rubinstein I Kirkland & Ellis LLP

Panelists:
 
Abby C. Fiorella I MasterCard
Jason Klingensmith I General Motors Steve Young I Ernst & Young

Section 9: ETHICS & ADR: TELLING TALES OUT OF SCHOOL: WHAT CAN YOU SAY AND WHAT REALLY HAPPENS

The panel presented hypos drawn from real-life experience regarding: disclosure by an arbitrator of an arbitration on his/her website, disclosure of prior work with a party in discussions over possible appointment as party-appointed arbitrator, disclosure by the party-appointed arbitrator to the other one of work the chair is doing with his or her firm, disclosure of illegal activity to law enforcement, cocktail party chatter about a pending arbitration or the qualities of an arbitrator, and a party seeking a post-mortem "what did I do right and what did I do wrong" from his/her arbitrator. The audience was asked for their views on the propriety of the disclosures in the hypos, and the panel discussed them - and how realistic they are.

Moderator:
Joseph E. Neuhaus I Sullican & Cromwell LLP

Panelists:

C. Mark Baker I Norton Rose Fullbright
Frances E. Bivens I Davis Polk & Wardwell LLP
Richard F. Ziegler I Jenner & Block

SESSION 10: EFFECTIVE DISPUTE RESOLUTION CLAUSES: PERSPECTIVES ON DRAFTING DO'S & DON'TS

This panel addressed the important choices that must be made when drafting an effective dispute resolution clause, including whether to include pre-arbitration steps such as mediation, whether to choose non-administered or administered arbitration, how the arbitral tribunal shall be selected and how to reduce time and cost of the dispute resolution process. Attendees gain insights and practical advice from both in-house counsel and international arbitration practitioners, including critical do 's and don'ts when drafting arbitration clauses. 

Moderator:
Dana C. MacGrath I Sidley Austin LLP
Natalie L. Reid I Debevoise & Plimpton LLP

Panelists:
 
Wanessa Alarcon Duvanel I White & Case LLP
Adwoa Ghartey-Tagoe Seymour I Cox Enterprises
Alberto Ravel I Conoco Phillips

Saturday, March 10, 2018

Keynote Address by Robert J. Grey.

AM18’s last day began with a keynote address by Robert J. Grey, President, Leadership Council on Legal Diversity,Senior Counsel [Retired], Hunton & Williams LLP.

BRUNCH & CONVERSATION: PERSPECTIVES ON IMPROVING DISPUTE RESOLUTION

"What do you really think?" In this relaxed, intimate setting CPR will facilitate a frank, honest discussion of how we can all work to improve dispute resolution. Brunch attendees will have the opportunity to submit written questions that will be curated and posed to the general counsel of two major Fortune 500 corporations by a skilled moderator. We delve into the nitty gritty of what is working and where ADR is headed in this intimate, confidential setting.

Chatham House Rules:
"When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed".

Moderator: 
R. William (Bill) Ide | Dentons

Panelists: 
Janet Langford Carrig I ConocoPhillips
Craig Glidden I General Motors Co.