Distinctive Ethical Landscapes: Exploring Arbitration vs. Mediation and the Diverse Roles Within (Presented by the Federal Bar Association Alternative Dispute Resolution Section)

Jo Colbert Stanley
Rachel A. Gupta
Jim Madison
Ana Cristina Maldonado
David Singer
Jo Colbert Stanley | Stanley Legal Services, LLC
Rachel A. Gupta | Gupta Dispute Resolutions LLC
Jim Madison | Madison Mediation
Ana Cristina Maldonado | Nova Southeastern University College of Law
David Singer | SingerADR Neutral Services
On-Demand: July 10, 2024

1 hour CLE

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Program Summary

This webinar aims to dissect and contrast the ethical guidelines and considerations inherent in arbitration and mediation. Expert panelists will delve into the unique ethical obligations of neutrals, advocates, and parties in both contexts, highlighting the differences and commonalities in their roles and responsibilities. The discussion will clarify the ethical frameworks guiding each ADR process and explore how professionals can navigate these ethical landscapes effectively. Designed for legal professionals engaged in or interested in ADR, this webinar promises a comprehensive exploration of ethics in arbitration and mediation, enriched by real-world insights.

Presented by the Alternative Dispute Resolution Section

Key topics to be discussed:

  • Understand the fundamental ethical principles and guidelines governing ADR practices
  • Explore jurisdictional nuances and practice differences between arbitration and mediation
  • Learn how to maintain confidentiality and privilege, including the legal and ethical implications and exceptions
  • Gain insights into identifying and managing potential conflicts of interest and addressing implicit bias in ADR
  • Analyze real-life case studies to develop practical skills for ethical decision-making in ADR processes

Closed-captioning available

Speakers

Jo Colbert Stanley_myLawCLEModerator, Jo Colbert Stanley, FBA ADR Section Chair/Arbitrator Mediator Attorney | Stanley Legal Services, LLC

An independent neutral and legal consultant, Jo Colbert Stanley is a Florida Supreme Court qualified arbitrator and certified mediator and holds a Diploma in International Maritime Arbitration from the Chartered Institute of Arbitrators where she is a Fellow. Jo is the Conflict Facilitation Ombuds at the law firm of Colodny Fass where she was also recently appointed Director of Maritime Affairs. Jo also serves as a Public Arbitrator, hearing financial services-related matters for FINRA, and is a Registered Mediator for Florida’s Department of Financial Services where she handles a heavy case load of property insurance disputes. During her 20-plus years as a litigator in private practice, Jo focused on commercial litigation, employment, and insurance law. In that continued capacity, Jo offers consultant services and is Of Counsel at Colodny Fass, a leading insurance defense firm in Florida, working with their litigation and employment departments. Rostered on the International Yacht Arbitration Council, Jo was recently appointed by the Broward County Government Commissioners to serve on the county’s Marine Advisory Committee. In 2023, Jo was also honored by being selected as an Associate of the College of Commercial Arbitrators.

Jo is active in numerous national and local volunteer Bar associations, currently serving on the Admiralty Law Committee of The Florida Bar and as Chair of the Broward County Bar Association’s Admiralty/Maritime Law Section. Jo is also heading up the FBA’s Admiralty Law Section’s Diversity & Inclusion Committee, and is the ADR Section Chair for the FBA. Jo is currently working on her Ph.D. in Conflict Analysis and Resolution at Nova Southeastern University in Florida. In her “spare” time, Jo co-owns and operates Stanley Yacht Services (a yacht management and maintenance company based in Fort Lauderdale). She also endlessly practices her golf swing, to no avail.

 

Rachel A. Gupta_myLawCLERachel A. Gupta, Principal | Gupta Dispute Resolutions LLC

Ms. Gupta is a neutral who: Has twenty years of commercial and legal experience, and has managed and resolved high-profile and high-stakes complex commercial litigation; As in-house counsel for nearly a decade, learned firsthand the external and internal pressures that influence businesses in making decisions and that must be addressed before reaching a resolution; Has the patience and requisite interpersonal skills to manage contentious relationships and move the parties from impasse to problem-solving; As a mediator, provides an impartial reality check for the parties to gain a better understanding of their likely litigation outcome and uncovers areas of common ground to develop potential solutions to address the parties’ unique circumstances; and As an arbitrator, employs a judicious temperament and an innovative process to address each case’s unique facts and circumstances. Throughout her extensive career, Ms. Gupta has worked with private and public companies across multiple industries. She has gained an in-depth understanding of, and helped to resolve, a wide range of commercial and legal issues, including securities, insurance, structured finance, corporate governance, tort, and employment. This professional experience, complemented by her perceptive, trustworthy and solution-oriented disposition, enables her to effectively resolve multifaceted disputes and challenging dynamics.

 

Jim Madison_myLawCLEJim Madison, Owner | Madison Mediation

ADR Experience: More than 40 years’ experience as an arbitrator and more than 20 years’ experience as a mediator in both domestic and transnational cases.The majority of cases have involved design and/or construction or employment disputes. Other cases have covered a broad range of subject areas from technology and biotech disputes to real property, franchising, intellectual property, mortgage banking, advertising, international trading, personal property leasing, and vegetable seed breeding. Arbitrations have included cases with Croatian, English, Finnish, Japanese, Korean and Taiwanese firms. Mediations have included French and Philippine interests.

Legal Experience: As a trial lawyer and counselor, experienced in construction, labor and employment, securities, banking, antitrust, unfair competition, real property, sports, media and other business matters. Practice in construction involved representing general contractors, subcontractors, specialty contractors, equipment suppliers, owners, developers, public agencies, lenders, and design professionals on public and private industrial, institutional, commercial, heavy engineering/highway and residential projects. Practice in labor and employment involved representing union and non-union employers in various lines of business and also employees in some cases.

 

Ana Cristina Maldonado_myLawCLEAna Cristina Maldonado, Assistant Professor of Law and Director of Externships | Nova Southeastern University College of Law

Ana Cristina Maldonado obtained her Bachelor’s Degree from Amherst College, a Masters in Conflict Resolution from George Mason University, and her J.D. from St. Thomas University. She is Chair Elect of The Florida Bar’s ADR Section, where she founded the Section’s Committee on Justice, Equity, Diversity and Inclusion (JEDI) to advocate for greater diversity among neutrals. In 2023, Cristina was appointed by the Chief Justice to the Mediator Ethics Advisory Committee. Certified by the Florida Supreme Court in Circuit Civil, County, Dependency and Family mediation and qualified as an arbitrator, Cristina has trained over 400 new mediators in Circuit Civil, Family and Dependency mediation. She mediated full time between 2012 and 2023, with the 15th Judicial Circuit ADR Office, her own mediation firm and as a panel member of Upchurch Watson White and Max. Cristina has recently joined the faculty at Nova Southeastern University’s Shepard Broad College of Law as their Director of Externships. She is fluent in Spanish and Portuguese.

 

David Singer_myLawCLEDavid Singer, Principal | SingerADR Neutral Services

David Singer served as an independent neutral Arbitrator and Mediator in hundreds of cases for more than 30 years.

Arbitrations include: International dispute between telecommunications company and dealers; Technology dispute between major electronics manufacturer and computer software vendor; Employment disputes arising from agreements between former executives and financial and other businesses and institutions; Commercial disputes arising from purchase and sale agreements; Disputes arising from alleged breaches of franchise, dealer and distributorship agreements; Disputes arising from the purchase, sale and merger of businesses; Employment disputes between businesses and former employees regarding post-termination covenants; Real estate dispute arising from sale of property subject to affordable housing regulation; Employment disputes involving discrimination and whistle blowing; Dispute arising from multi-billion dollar REIT transaction; International commercial dispute involving the sale and distribution of plastic pallets; Healthcare dispute between prominent physician and his medical practice and large hospital.

Mediations include: International real estate dispute between high end broker and purchaser at auction;

International dispute between financial services company and former CFO; Commercial dispute between purchaser and seller of high-tech rubber products; International construction dispute between building contractor and real estate developer

As a busy civil trial lawyer and litigator for 37 years, David represented Fortune 500 companies, privately held companies, small businesses and individuals. Cases included: International arbitration defending Brazilian manufacturer of high tech sensors against claims brought; by Chinese company; award in favor of client and counterclaims awarded for theft of patents and trade secrets; Federal court jury trial defending solarium manufacturer against fraud and breach of contract claims; jury verdict in favor of client and award of counterclaims; Bench trial defending Argentinian jet aircraft distributor against claims brought by prior Argentinian owner alleging interference with contract and related claims; after three week trial in New Jersey Superior Court, decision in favor of client; Construction arbitration representing International Mission to the United Nations, general and sub-contractors and architect; and Bench trial successfully defending large commercial tenant.

Agenda

I. ADR Ethics | 2:00pm – 2:10pm

II. Ethical Principles and Guidelines in ADR | 2:10pm – 2:20pm

III. Confidentiality and Privilege in ADR | 2:20pm – 2:30pm

IV. Managing Conflict of Interest and Bias | 2:30pm – 2:40pm

V. Case Studies and Practical Scenarios | 2:40pm – 2:50pm

VI. Q&A | 2:50pm 3:00pm

Credits

Alaska

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 Ethics

Arkansas

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 Ethics

California

Approved for CLE Credits
1 Ethics

Colorado

Approved for Self-Study Credits
1 Ethics

Connecticut

Approved for CLE Credits
1 Ethics

District of Columbia

No MCLE Required
1 Ethics hours

Delaware

Pending CLE Approval
1 Ethics

Florida

Approved for CLE Credits
1 Ethics

Georgia

Approved for CLE Credits
1 Ethics

Hawaii

Approved for CLE Credits
1 Ethics

Iowa

Approved for Self-Study Credits
1 Ethics

Idaho

Pending CLE Approval
1 Ethics

Illinois

Approved for Self-Study Credits
1 Ethics

Indiana

Pending CLE Approval
1 Ethics

Kansas

Pending CLE Approval
1 Ethics

Kentucky

Pending CLE Approval
1 Ethics

Louisiana

Pending CLE Approval
1 Ethics

Massachusetts

No MCLE Required
1 Ethics

Maryland

No MCLE Required
1 Ethics

Maine

Pending CLE Approval
1 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 Ethics

Minnesota

Approved for Self-Study Credits
1 Ethics

Missouri

Approved for Self-Study Credits
1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Approved for Self-Study Credits
1 Ethics

North Carolina

Pending CLE Approval
1 Ethics

North Dakota

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
1 Ethics

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 Ethics

Nevada

Approved for Self-Study Credits
1 Ethics

New York

Approved for CLE Credits
1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
1 Professionalism

Oklahoma

Pending CLE Approval
1 Ethics

Oregon

Pending CLE Approval
1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 Ethics

Rhode Island

Pending CLE Approval
1 Ethics

South Carolina

Pending CLE Approval
1 Ethics

South Dakota

No MCLE Required
1 Ethics

Tennessee

Approved for Self-Study Credits
1 Ethics

Texas

Approved for CLE Credits
1 Ethics

Utah

Pending CLE Approval
1 Ethics

Virginia

Not Eligible
1 Ethics Hours

Vermont

Approved for CLE Credits
1 Ethics

Washington

Approved via Attorney Submission
1 Ethics

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1 Ethics

Wyoming

Pending CLE Approval
1 Ethics

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