04/15/2016 USC Gould School of Law First Annual Judith O. Hollinger Program ADR Symposium
USC Gould School of Law is hosting the First Annual Judith O. Hollinger Program ADR Symposium Conference. The Symposium features preeminent scholars and practitioners in alternative dispute resolution who will explore significant developments that impact ethical issues pertaining to both domestic and international arbitration and mediation. Participants and attendees will include ADR practitioners, ADR panel administrators and managers, litigators, judges, and members of the academic community.
Nathan O’Malley, Co-chair
Mr. O’Malley’s practice focuses on international arbitration and dispute resolution. He has acted in numerous international arbitrations, and represented clients before arbitral tribunals seated in The Hague, Geneva, Zurich, London, Amsterdam, Singapore, Abu Dhabi, Frankfurt am Main and in the United States. Mr. O’Malley teaches International Business Dispute Resolution and Advanced International Dispute Resolution at USC Gould School of Law.
8:30 AM: Registration
9:00 AM: Welcome
Lisa Klerman, Director of the Judith O. Hollinger Program in Alternative Dispute Resolution, USC Gould School of Law
9:05 AM: Opening Remarks
Dean Andrew Guzman, USC Gould School of Law
9:15 AM – 10:30 AM: Counsel Ethics in International Arbitration: Is Self-Regulation Sufficient?
This panel of experts will focus on the ethical rules applicable to counsel in international arbitration. The discussion will cover the multi-jurisdictional nature of international arbitration and the unique ethical issues this poses, the standards that govern the conduct of counsel, and the prevalent views of the major arbitral jurisdictions on this question. The panel will also review California law on this issue as compared to the accepted international standards. Nathan O’Malley (Moderator); Catherine Rogers, Jeffrey Dasteel, and Stephen Drymer.
10:30 AM: Coffee Break
10:40 AM – 11:55 AM: The Future of Party Arbitrator Practice in Commercial Arbitration
Tripartite arbitrations are increasingly common in larger commercial cases. Typically, parties each appoint a neutral arbitrator, and those two neutrals appoint a third arbitrator who acts as the Chair. Many have been concerned that party-appointed arbitrators are not truly “neutral” and that this process is burdened with unnecessary costs and delays. The panel will address these issues, assess suggested alternatives to this practice, and comment on the likelihood that commercial parties will embrace such changes. Richard Chernick (Moderator), Prof. Chris Drahozal; Prof. Sarah Rudolph Cole.
12:00 PM – 1:30 PM (Lunch Keynote): Arbitration Class Action Waivers: Invincible or Ephemeral?
Our featured keynote speakers will engage in a lively debate over whether the proposed rule of the Consumer Finance Protection Bureau banning class action waivers in consumer arbitration agreements should be upheld in the face of existing U.S. Supreme Court cases permitting such waivers under the Federal Arbitration Act, and what recent developments portend for the future of arbitration class action waivers. Howard Miller (Moderator); Theane Evangelis; Prof. Daniel Klerman.
1:45 PM – 3:00 PM: The Advantages and Pitfalls of Arbitration Regulation
Arbitration is now regulated more tightly than ever in California, covering the spectrum from more rigorous arbitrator disclosure requirements to rules governing the enforcement of arbitration awards. Have these rules and requirements helped or harmed arbitration users and participants? Howard Miller (Moderator); Sheri Eisner; Jay Folberg; Lisa Kloppenberg.
3:00 PM: Coffee Break
3:15 PM – 4:30 PM: The Unintended Consequences of Mediation Confidentiality Statutes
This panel of knowledgeable practitioners will provide an overview of the variety of mediation statutes concerning the admissibility of mediation-related evidence in California. They will discuss specific strategies to overcome the unintended consequences of these statutes, especially in enforcing agreements and admitting collateral information and communications in complex multi-party cases. What are the ethical obligations of attorneys and mediators to know these rules and to inform participants of the consequences of these statutes and the strategies to achieve admissibility where desired? California’s detailed technical provisions regarding admissibility will be the focus of the strategic discussions, including an update on the California Law Revisions Commission’s proposed legislation for attorney-client communications. Caroline Vincent (Moderator); Phyllis Pollack, Kyle Kveton, Robert Sall.
4:30 PM – 5:30 PM: Cocktail Reception
All attendees are invited to a cocktail reception hosted by JAMS and honoring Judge Judith O. Hollinger. For more information and to register visit: http://gould.usc.edu/events/adr/index.cfm.