CPR Institute Addresses Latest Developments in Commercial Conflict Resolution

Conference Draws General Counsel and ADR Experts from GE, Northrop Grumman, Schnader Harrison Segal & Lewis LLP, World Bank, Harvard University, Amnesty International, Heller Ehrman LLP, and Nixon Peabody LLP

The CPR Institute, along with top corporate counsel from the Fortune 500, senior law firm partners, leading academics and scholars, and conflict resolution professionals from around
the globe, will address leading-edge trends and techniques in commercial conflict resolution at the CPR Fall Meeting on October 25-26, 2007. The CPR Meeting, entitled The Evolving ADR Landscape: Insight & Access, will be held at the Fairmont Copley Plaza in Boston.

Topics include:

• The Architecture of Negotiation – What are the salient considerations in planning for a negotiation? How do you best determine the client’s interests? We will explore these issues and discuss the factors involved in designing an effective negotiation process.

• How Do Corporate Clients Pick Firms for their ADR Expertise? – As ADR has become an expected attribute of large-firm practice, corporate clients have seen numerous efforts by firms to tout their ADR expertise and distinguish themselves. Sophisticated corporate consumers of legal services conduct a candid discussion on firm selection and measuring ADR outcomes.

• Arbitration Skills: Match Wits with the Experts – An exciting, interactive session in which provocative and complex arbitration problems are presented, and you are asked to determine how the arbitrator should rule.

• ADR Before the Supreme Court – The Supreme Court has accepted certiorari in Hall Street Associates, L.L.C. v. Mattel, Inc., which presents an issue familiar to most: May private parties, by contract, modify statutory standards for judicial review of arbitral
awards? This mock oral argument on the merits of this case is an opportunity to predict its outcome.

• Corporations, Accountability, and Human Rights – Corporate accountability faces unique challenges when investment projects or business activities impact on public and quasi-public stakeholders, including indigenous populations and local communities. This
discussion will focus on possible ADR approaches to this issue.

• E-Discovery in Arbitration – A chronic complaint of corporate consumers of arbitration has been their inability to control the process to ensure that it is both fair and efficient. The advent of E-discovery in federal litigation practice threatens to prolong fact discovery, increase expense, and frustrate users of arbitration even more. Is there a solution to this perplexing challenge?

• Reports of the ABA Task Force on Mediator Quality and the CPR Task Force on Diversity in ADR – Hear from two leading ADR organizations as they review current efforts to measure the effectiveness and enhance the quality of mediators, as well as the
need to diversify the mediator and arbitrator pool in high-end cases.

• Deciding Arbitrability, Enforceability and Unconscionability: Sorting Out the Court’s Directives – There is still uncertainty in the courts as to the standards for enforceability of agreements to arbitrate – and, as to who decides arbitrability and other
gateway issues. Experts will endeavor to clarify the current state of the law in the federal courts, and prognosticate on the Supreme Court’s future pronouncements on these issues.

• New Developments and Challenges in the Ethical Landscape – Explore the professional and ethical responsibilities of neutrals, advocates and clients in negotiation and mediation.
CPR’s executives are available to serve as subject matter experts on any of these topics and can also provide insight regarding current trends and practices in public and private dispute resolution.

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