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CPR's national diversity task force convenes and sets mission.

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Alternatives
TO THE HIGH COST OF LITIGATION
INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION & RESOLUTION
Alternatives
TO THE HIGH COST OF LITIGATION
Publisher:
Susan E. Lewis
John Wiley & Sons, Inc.
Editor:
Russ Bleemer
VOL. 24 NO. 10 NOVEMBER 2006
Jossey-Bass Editor:
David Famiano
Production Editor:
Chris Gage
Alternatives to the High Cost of Litigation (Print ISSN 1549-4373, Online ISSN 1549-4381) is a newsletter published 11 times a year by the International Institute for
Conflict Prevention & Resolution and Wiley Periodicals, Inc., a Wiley Company, at Jossey-Bass. Jossey-Bass is a registered trademark of John Wiley & Sons, Inc.
Editorial correspondence should be addressed to Alternatives, International Institute for Conflict Prevention & Resolution, 575 Lexington Avenue, 21st Floor, New York,
NY 10022; E-mail: alternatives@cpradr.org.
Copyright © 2006 International Institute for Conflict Prevention & Resolution. All rights reserved. Reproduction or translation of any part of this work beyond that permitted by Sections 7 or 8 of the 1976 United States Copyright Act without permission of the copyright owner is unlawful. Request for permission or further information
should be addressed to the Permissions Department, c/o John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774; tel: 201.748.6011, fax: 201.748.6008; or
visit www.wiley.com/go/permissions.
For reprint inquiries or to order reprints please call 201.748.8789 or E-mail reprints@wiley.com.
The annual subscription price is $190.00 for individuals and $235.00 for institutions. International Institute for Conflict Prevention & Resolution members receive Alternatives to the High Cost of Litigation as a benefit of membership. Members’ changes in address should be sent to Membership and Administration, International Institute
for Conflict Prevention & Resolution, 575 Lexington Avenue, 21st Floor, New York, NY 10022. Tel: 212.949.6490, fax: 212.949.8859; e-mail: info@cpradr.org. To order,
please contact Customer Service at the address below, tel: 888.378.2537, or fax: 888.481.2665; E-mail: jbsubs@josseybass.com. POSTMASTER: Send address changes to
Alternatives to the High Cost of Litigation, Jossey-Bass, 989 Market Street, 5th Floor, San Francisco, CA 94103-1741.
Visit the Jossey-Bass Web site at www.josseybass.com. Visit the International Institute for Conflict Prevention & Resolution Web site at www.cpradr.org.
162 ALTERNATIVES
VOL. 24 NO. 10 NOVEMBER 2006
CPR NEWS • CPR NEWS • CPR NEWS
CPR’S NATIONAL DIVERSITY
TASK FORCE CONVENES,
AND SETS MISSION
The International Institute for Conflict
Prevention and Resolution this fall has
launched its new National Task Force on
Diversity in ADR.
The task force’s mission is to adopt
“business-driven initiatives to increase
the ethnic, gender, and social diversity of
mediators, arbitrators, and those involved
in alternative dispute resolution.” The
task force will examine the issue on a national scale, as well as focusing on CPR’s
Panels of Distinguished Neutrals.
The first task force meeting was conducted in Washington, D.C., and via
telephone conference call, on Sept. 29;
the task force is next scheduled to meet at
CPR’s New York offices on Nov. 7.
The CPR Institute created the 35member Task Force out of a concern for
the lack of diversity among prominent
neutrals. A CPR Institute press release
last month states:
Corporate managers charged with resolving complex and sophisticated
disputes are too often presented with
a pool dominated by older white
men. A diverse group of perspectives
and a facilitator who is aware of that
range of perspectives is critical to any
resolution process that seeks creativi-
Alternatives
TO THE HIGH COST OF LITIGATION
Editorial Board
ty and a wide scope of possible values
and solutions—particularly where
cross-cultural or cross-lingual issues
are involved. More diversity in the
neutral pool means more options being generated, more creativity in the
resolution process, and an assurance
that all disputants and representatives
perceive themselves as enfranchised
and welcomed in the process.
JOHN J. BOUMA
Federal Deposit
Insurance Corp.
Washington, D.C.
JAMES M. RINGER
“We hope that this initiative will result in real change,” says CPR Institute
President and CEO Kathy Bryan. “Corporate America today demands diversity
from all of its vendors and service
providers. It understands that the need
to be able to call upon diverse professionals is a business imperative. The need is
nowhere more urgent than in the dispute
resolution field.”
Task force co-chair Charles Morgan,
executive vice president and general counsel of Atlanta’s On Site E-Discovery, agrees:
“The diversity drive in the legal profession
is sometimes confused with being ‘politically correct,’ notes Morgan in the CPR release. “It is time to remind everyone that
this is a business-driven initiative with an
eye on getting the work done that our
shareholders have entrusted us to do.”
Morgan’s co-chairs are Carla Herron,
group counsel—litigation, at the Shell
ROBERT A. CREO
A. JAMES
ROBERTSON II
(continued on page 174)
Snell & Wilmer
Phoenix
JAMIE BRODER
Paul, Hastings, Janofsky
& Walker
Los Angeles
A. STEPHENS CLAY
Kilpatrick Stockton
Atlanta
CATHY A. COSTANTINO
Impartial Dispute
Resolution Services
Pittsburgh
LAURA EFFEL
Larkspur, Calif.
LAWRENCE J. FOX
Drinker, Biddle & Reath
Philadelphia
MARC GALANTER
University of Wisconsin
Law School
Madison, Wis.
WHITMORE GRAY
Fordham University School
of Law/University of
Michigan Law School
New York
JEFF KICHAVEN
CARRIE MENKELMEADOW
Georgetown University
Law Center
Washington, D.C.
ROBERT H. MNOOKIN
Harvard Law School
Cambridge, Mass.
PAUL J. MODE JR.
Citigroup
New York
Clifford Chance
New York
Superior Court of California
San Francisco
NANCY ROGERS
Ohio State University
College of Law
Columbus, Ohio
DAVID L. SANDBORG
City University
of Hong Kong
Hong Kong
FRANK E.A. SANDER
Harvard Law School
Cambridge, Mass.
IRENE C. WARSHAUER
Fried & Epstein
New York
MELVYN I. WEISS
Jeff Kichaven, A Professional Milberg Weiss Bershad
& Schulman
Corporation
New York
Los Angeles
JEFFREY KRIVIS
ROBERT S. WHITMAN
First Mediation Corp.
Los Angeles
Orrick, Herrington &
Sutcliffe
New York
HARRY N.
MAZADOORIAN
GERALD R. WILLIAMS
Quinnipiac Law School
Hamden, Conn.
Publisher:
Susan E. Lewis
John Wiley & Sons, Inc.
Jossey-Bass Editor:
David Famiano
Editor:
Russ Bleemer
Production Editor:
Chris Gage
J. Reuben Clark Law School
Brigham Young University
Provo, Utah
Alternatives to the High Cost of Litigation (Print ISSN 1549-4373, Online ISSN 1549-4381) is a newsletter published 11 times a year by the International Institute for
Conflict Prevention & Resolution and Wiley Periodicals, Inc., a Wiley Company, at Jossey-Bass. Jossey-Bass is a registered trademark of John Wiley & Sons, Inc.
Editorial correspondence should be addressed to Alternatives, International Institute for Conflict Prevention & Resolution, 575 Lexington Avenue, 21st Floor, New York,
NY 10022; E-mail: alternatives@cpradr.org.
Copyright © 2006 International Institute for Conflict Prevention & Resolution. All rights reserved. Reproduction or translation of any part of this work beyond that
permitted by Sections 7 or 8 of the 1976 United States Copyright Act without permission of the copyright owner is unlawful. Request for permission or further information should be addressed to the Permissions Department, c/o John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774; tel: 201.748.6011, fax:
201.748.6008; or visit www.wiley.com/go/permissions.
For reprint inquiries or to order reprints please call 201.748.8789 or E-mail reprints@wiley.com.
The annual subscription price is $190.00 for individuals and $235.00 for institutions. International Institute for Conflict Prevention & Resolution members receive
Alternatives to the High Cost of Litigation as a benefit of membership. Members’ changes in address should be sent to Membership and Administration, International
Institute for Conflict Prevention & Resolution, 575 Lexington Avenue, 21st Floor, New York, NY 10022. Tel: 212.949.6490, fax: 212.949.8859; e-mail: info@cpradr.org.
To order, please contact Customer Service at the address below, tel: 888.378.2537, or fax: 888.481.2665; E-mail: jbsubs@josseybass.com. POSTMASTER: Send address
changes to Alternatives to the High Cost of Litigation, Jossey-Bass, 989 Market Street, 5th Floor, San Francisco, CA 94103-1741.
Visit the Jossey-Bass Web site at www.josseybass.com. Visit the International Institute for Conflict Prevention & Resolution Web site at www.cpradr.org.
Published online in Wiley InterScience (www.interscience.wiley.com).
Alternatives DOI: 10.1002/alt
174 ALTERNATIVES
VOL. 24 NO. 10 NOVEMBER 2006
CPR NEWS • CPR NEWS • CPR NEWS • CPR NEWS
(continued from page 162)
•
Group in Houston, and Thomas L. Sager,
vice president and assistant general counsel of E. I. du Pont de Nemours and Co.,
Wilmington, Del. Task force members
include general counsel and senior legal
representatives representing companies
and organizations such as ExxonMobil
Corp., FedEx Corp., the International
Monetary Fund, and Citigroup. The task
force also includes representatives from
international law firms, educational institutions, and ADR providers.
•
•
•
A TRAINING, AND A
CONFERENCE, WITH
LONDON’S CHARTERED INSTITUTE
At the end of last month, the CPR Institute conducted two separate mediation
events in conjunction with the Chartered
Institute of Arbitrators.
A joint mediation training was held in
New York City, and a one-day conference
on trends, techniques, and the law was held
at the Hotel Bristol in Warsaw, Poland.
The Oct. 25-26 New York session, an
advanced mediation training sessions for
lawyers, sold out nearly a month in advance. Participants who completed the
training sessions are now on track to be approved as associates, and ultimately fellows,
of the London-based Chartered Institute.
The Chartered Institute is a 91-yearold membership organization for arbitrators that promotes quality in dispute resolution processes. It has more than 11,000
members in more than 100 countries. For
more information, see www.arbitrators.org.
The joint Warsaw conference, also on
Oct. 25, covered the benefits of using mediation to avoid and resolve commercial
disputes. The conference seminars were
conducted in English by representatives
of both organizations, who included inhouse counsel experienced in commercial
mediation techniques in Poland as well as
abroad. The sessions focused on practical
suggestions to be considered by corporate
entities, rather than legal practitioners
seeking to enter the field.
The seminars included:
•
•
“ADR vs. State Court Litigation,”
which covered how international arbitration works; arbitration’s advantages; United Nations’ model laws,
including enforcement law, and a
comparison and contrast of institutional and ad hoc arbitration.
A mediation primer, which provided
a general overview of mediation use,
application, rules, and effectiveness,
as well as tips on mediator selection.
A business perspective on mediation,
which featured examples of practical
experiences.
“The Polish Perspective,” which covered mediation under new local Polish civil procedure rules, and commercial mediation prospects,
“The European Perspective,” on commercial mediation development in
other European countries, and
A roundtable discussion focusing on a
variety of alternative dispute resolution issues, including ADR clause
drafting.
CPR and the Chartered Institute were
assisted in preparing the program by Warsaw University’s Center for American Law
Studies, at the Faculty of Law and Administration.
For more information on the CPR Institute’s international activities, click on
“CPR Around the World” in the left column at www.cpradr.org; for training
events, click on the link, “CLE & Training Programs In-House and Online.” REINSURANCE PROTOCOL
GETS A LONDON INTRODUCTION
Insurance giant Lloyd’s, and the International Underwriting Association of London, last month co-hosted a program on
the CPR Global Reinsurance Dispute
Protocol.
The event was scheduled for Monday,
Oct. 23, at the historic Adam Room at
Lloyd’s Lime Street offices in London.
The program was set up to introduce
to the London reinsurance market the
CPR Global Reinsurance Dispute Protocol. Under its terms, insurers under a
Published online in Wiley InterScience (www.interscience.wiley.com).
Alternatives DOI: 10.1002/alt
reinsurance contract pledge to use negotiation and mediation to attempt to resolve
disputes.
The protocol can be found under the
Insurance section at the “Industries &
Practice Groups” link in the left column
of CPR’s home page at www.cpradr.org.
A direct link to the protocol is
www.cpradr.org/pdfs/reinsurance06.pdf#page=7.
About 100 companies were expected
to attend the program. CPR’s goal is to
get the protocol into the hands of companies that will benefit from its use.
According to Senior Vice President F.
Peter Phillips, CPR is discussing a reinsurance professionals’ joint training program with the Centre for Dispute Resolution, London-based ADR organization.
The training’s goal will be to prepare mediators for work under the protocol.
For more information, contact Phillips,
who is the committee’s staff liaison, at
pphillips@cpradr.org, or call (212) 9496490. Also, watch for training information
at the link for “CLE & Training Programs
In-House and Online” at www.cpradr.org. COMMITTEES: EUROPEAN
COUNSEL MEET ON EC DIRECTIVE
CPR’s European Committee met Friday,
Oct. 27, at the Paris office of General
Electric Commercial Finance.
The meeting was led by committee
chairman Hans Peter Frick, senior vice
president and group general counsel of
Nestle S.A., of Vevey, Switzerland.
Leading the agenda was the status of
the proposed directive of the European
Parliament on ADR. In April 2002, the
European Commission issued a “Green
Paper on Alternative Dispute Resolution
in Civil and Commercial Law.” The
Green Paper framed questions on the
challenges to growth of mediation and
other alternatives to litigation in civil and
commercial contexts.
CPR responded to the Green Paper
on behalf of its members urging passage
of the legislation. Six international CPR
members—Akzo Nobel N.V., of Arnhem, the Netherlands; London’s British
VOL. 24 NO. 10 NOVEMBER 2006
ALTERNATIVES 175
CPR NEWS • CPR NEWS • CPR NEWS • CPR NEWS
American Tobacco plc; Fiat S.p.A., of
Torino, Italy; Fairfield, Conn.-based
General Electric Co.; Johnson & Johnson, of New Brunswick, N.J., and
Nestlé—endorsed the 17-page response.
The EC Green Paper, and the CPR
response, as well as other CPR European
documents and initiatives, are available
under the CPR Around the World link in
the left column at the CPR home page at
www.cpradr.org.
The CPR European Committee also
began planning a series of workshops and
presentations in Europe in 2007’s first
quarter, which will lead up to CPR’s Third
European Business Mediation Congress
May 10-11, at the Hotel Westin in Paris.
For more information, contact Senior Vice President F. Peter Phillips,
who oversees CPR’s Europe initiatives
and is the committee’s staff liaison, at
pphillips@cpradr.org, or call (212)
949-6490.
COMMITTEES:
EMPLOYMENT EXPERTS
ARE EXAMINING
CPR’S SERVICES
CPR’s Employment Committee will meet
next month to discuss recent developments in the field.
The Dec. 4 meeting will be hosted by
the Employment Committee’s chairman,
Jay W. Waks, a partner and chairman of
the Employment & Labor Law Group at
New York’s Kaye Scholer LLP.
The committee will be looking at possible modifications to the services that
CPR provides to disputants in workplace
matters.
For more information, contact CPR
Senior Vice President Helena Tavares
Erickson at herickson@cpradr.org or
(212) 949-6490.
COMMITEES: CPR CONVENES
NEW GROUP
ON ELECTRONIC DISCOVERY
CPR’s new E-Discovery Committee met
for the first time last month, and began
examining ways to improve disputes over
electronic production of discovery materials in litigation and alternative dispute
resolution settings.
The committee—chaired by longtime
CPR board member Charles R. Morgan,
who is executive vice president and general counsel of Atlanta’s On Site E-Discovery—expected to address establishing a
new CPR neutrals’ panel in the area. The
E-discovery panel members would have
training and experience to act as neutrals
for disputes that may arise in litigation.
The committee will focus on setting qualifications for the panel.
The Oct. 18 meeting was hosted by
CPR member Boeing Inc. at the company’s Chicago headquarters.
Committee members also planned to
discuss organizing efforts to research and
promulgate information on how the E-discovery trends and practices will affect early
dispute resolution practices at companies.
For information on joining the committee, E-mail CPR Senior Vice President
Helena Tavares Erickson at herickson@
cpradr.org.
COMMITTEES, THIS MONTH:
ARBITRATION AND ENERGY
The CPR International Committee on
Arbitration had a meeting set for Nov. 1
at the New York offices of Brown Rudnick Berlack Israels LLP.
The agenda includes a discussion of a
draft model arbitrators’ agreement; the
committee expected to adopt the draft’s
final language.
The meeting also was supposed to examie new proposed draft rules on interim
relief in arbitration.
For more information on the Arbitration Committee’s activities, E-mail info@cpradr.org.
***
A CPR Energy, Oil, & Gas Committee
meeting is scheduled for Nov. 15 at the
University of Houston Law Center’s Heritage Room, at the law school’s A.A.
White Dispute Resolution Center.
The meeting will feature a presenta-
tion by Neal Blacker, CPR’s senior vice
president of dispute resolution services
and cases. Blacker expects to discuss,
among other things, ADR clause drafting, and how CPR’s neutral vetting, nomination, and selection process works.
Also on the agenda is a consideration
of candidates for CPR energy panels.
For information on the committee,
E-mail CPR Senior Vice President Helena
Tavares Erickson at herickson@cpradr.org. COMMITTEES:
WORK UNDERWAY
ON SPECIALTY CPA PANEL
The CPA Specialty Panel subcommittee
of the CPR Banking and Financial Services Committee is working to establish a
panel of certified public accountants
qualified to do high-end valuations for
mergers and acquisitions and other major
transactions.
The subcommittee, chaired by Philip
Zimmerman, a New York CPA-mediator,
has been meeting this fall to work on the
issue.
E-mail info@cpradr.org for more
information.
DOI 10.1002/alt.20150
(For bulk reprints of this article,
please call (201) 748-8789.)
Free for CPR members in
Members Only: www.cpradr.org
Subscribe to Alternatives:
www.WileyInterscience.com
1-888-378-2537
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Published online in Wiley InterScience (www.interscience.wiley.com).
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