Critical Issues: Dispute Prevention, Cyber Security And Bias

The New York State Bar Association (NYSBA) will be presenting a virtual program on Feb. 6. 

Agenda:

1:00 p.m. to 2:00 p.m.: Dispute Prevention
How Dispute Prevention Initiatives Work: Parties can incorporate prevention in their projects in many different ways. In any case, these efforts should mesh with the types of businesses and cultures involved. Perhaps the most obvious approach is to introduce a “standing neutral” (or “relationship facilitator”) into the relationship. Parties should use a standing neutral in any relationship that involves a significant investment or one of strategic importance. The neutral’s role is to ensure that the parties surface issues promptly, have a forum for addressing them, and resolve disputes efficiently. Dispute prevention agreements should include several important elements. First, the parties should acknowledge the importance of maintaining a strong ongoing relationship and that open channels of communication are critical to success. Ongoing communication needs to focus on how the collaboration is working and what circumstances must be addressed to avoid serious problems. Speaker: Myrna Barakat Friedman, Managing Director, MB Corporate Advisory Partners.

2:00 p.m. to 3:00 p.m.: Cybersecurity – The Threats, The Issues, The Solutions
The New Wave of Technology Disputes and Best Practices for resolving them:

This presentation is sponsored by the new DRS Technology Committee, which was formed because disputes involving technology have become one of the largest – and fastest growing – categories of ADR proceedings. The program will include  leading experts in the field and will be moderated by  the Committee co-chairs, Paul Gupta and Debbie Reperowitz. The presentation will cover new challenges from AI-driven and other cybersecurity attacks, as well as the growing pains of the fintech ecosystem. The faculty will also discuss resolving technology disputes, including techniques for separating reliable evidence from “junk science.” This program will satisfy the new requirement for one CLE credit hour in the new Cybersecurity, Privacy and Data Protection category.

3:00 p.m. to 5:00 p.m.: Anti-Bias Training

Breakthrough ADR’s anti-bias training is designed to (i) increase awareness of bias and its impact, (ii) provide ways to assist neutrals to manage their biases, (iii)  reduce and/or mitigate the prospect that bias will affect outcomes; and (iv) promote inclusivity and cultural awareness in ADR services. This interactive training will engage participants through large and small group discussion, exercises and role plays.

This training is for:

1.  Mediators and neutral evaluators serving on court rosters under 22 NYCRR § 146, Part 146, Rules of the Chief Administrative Judge (“Part 146”);
2. Arbitrators and special masters who serve in court-sponsored programs; and
3. Neutrals who provide services as a part of the Community Dispute Resolution Center Program, under Article 21-A of the New York State Judiciary Law.

The training will:

1. Provide plain language definitions and specific examples of the terms being used.
2. Explain current research on bias and anti-bias practices.
3. Provide participants with an opportunity to reflect on their personal and professional experiences as they relate to the topic of bias.
4. Teach concrete anti-bias skills or practices that can assist ADR neutrals prior to, during and after an ADR session, such as recognizing and managing their biases; working with parties whose experiences, behaviors, and ways of expressing themselves may be different from their own; and reflecting on and assessing the ADR session afterwards, through a self evaluation tool, debriefing with a co-neutral or ADR program staff, or reviewing participant evaluations, where applicable.

This training satisfies 2 hours of the 6 hours of the continuing education required every 2 years under Part 146.5, for mediators and neutral evaluators serving on court rosters.

This training program also meets the definition of Diversity, Inclusion and Elimination of Bias category under 22 NYCRR §1500.2(g) and CLE credits will be handled through NYSBA.

This training is approved under Part 146 of the Rules of the Chief Administrative Judge and the New York State Unified Court System’s Office of ADR Programs.

Please note:

• Final placement on any court roster is at the discretion of the local Administrative Judge;
• Participation in a course does not guarantee placement on a local court roster;
• Some courts may require additional training and experience beyond Part 146’s requirements;
• Acceptance on court rosters may depend on a court’s need for mediators at any given time and may include a particular court’s need for mediators with specific case-type training or experience.  

N. Damali Peterman, Esq. is the CEO and founder of the prominent global conflict resolution firm, Breakthrough ADR. Breakthrough specializes in innovative and engaging ways to help individuals, companies, government agencies and educational institutions prevent, manage and resolve conflict in the workplace and beyond. Damali serves as a mediator, arbitrator and ombudsman for the prestigious ADR firm, JAMS, Inc. Damali is an adjunct professor at Howard University School of Law teaching Basic Mediation Training. She is also a judge for global mediation competitions. As an attorney, mediator and educator, with over 20+ years experience, Damali saw a need to teach people how to listen, negotiate and resolve everyday situations. She has traveled the globe servicing companies with tailor ed workshops aimed at increasing overall company efficiency and talent retention. Prior to Breakthrough ADR, Damali founded Damali Law LLC, which focused on corporate and other business transactions. Previously, she was an assistant general counsel at Deloitte LLP and an associate at the global law firm Weil, Gotshal & Manges LLP. At both of these institutions, Damali focused on corporate transactions, including deal structuring and contract negotiations. Damali has a certificate from Harvard Business School Online’s Negotiation Mastery program and Cornell University ILR School’s Professional Neutral Development Program. Damali also completed the Goldman Sachs 10,000 Small Businesses Program and is a Tory Burch Foundation Fellow. Damali won the “Social Change Agent of the Year” award from NIMBLE and is a 2022 Women in Business Award recipient from Hudson Valley Magazine.

5:00 p.m. Virtual Networking

Learn More & Register Here