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When Mediation and Arbitration Conduct Goes Wrong

Patricia H. Thompson, Esq., FCIArb
Patricia H. Thompson, Esq., FCIArb | JAMS

Patricia H. Thompson arbitrates and mediates with JAMS Miami, concentrating her practice in construction, employment, financial insurance matters, and other complex, commercial domestic and international disputes.

On-Demand: July 11, 2023
When Mediation and Arbitration Conduct Goes Wrong

$195.00 1.5 hour CLE

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Program Summary

ADR is intended to resolve disputes among parties without the rancor, scorched earth, or other hard-edged tactics too often fostered in litigation. Cooperation, civility, and neutral impartiality are expected hallmarks of successful and consensual mediation and arbitration proceedings. Nevertheless, human nature being what it is, especially when important matters are in dispute, advocates and neutrals should be prepared to identify, forestall, address, and if necessary, sanction misbehavior by any of the various participants in ADR processes. This program is designed to forearm ADR participants with strategies for addressing such misconduct.

Key topics to be discussed:

  • What authority and strategies do neutrals have to reign in “Rambo” behavior by advocates?
  • What are the ethical standards governing neutrals and counsel in ADR proceedings?
  • What are the remedies available to parties for violation of those standards by neutrals?
  • How might these standards and strategies be different in international ADR?

Date: July 11, 2023

Closed-captioning available

Speakers

Patricia H. Thompson, Esq., FCIArb_JAMS_myLawCLEPatricia H. Thompson, Esq., FCIArb | JAMS

Patricia H. Thompson arbitrates and mediates with JAMS Miami, concentrating her practice in construction, employment, financial insurance matters, and other complex, commercial domestic and international disputes. Ms. Thompson is regularly listed by The Best Lawyers in America, Chambers USA Guide to America’s Leading Business Lawyers, The International Who’s Who of Construction and Business Lawyers, and similar Florida publications ranking attorneys in her areas of practice concentration.

She is a Fellow of the Chartered Institute of Arbitrators and the American College of Construction Lawyers. Before joining JAMS in 2017, Ms. Thompson enjoyed a successful career for 40 years as trial lawyer and arbitrator. She has long been active in the ABA, chairing the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section and co-chairing the Construction Litigation Committee of the Litigation Section. She is a frequent author and lecturer for both ABA sections, the Forum on Construction, and the Florida Bar Association.

Agenda

I. What authority and strategies do neutrals have to reign in “Rambo” behavior by advocates? | 11:00am – 11:20am

II. What are the ethical standards governing neutrals and counsel in ADR proceedings? | 11:20am – 11:40am

III. What are the remedies available to parties for violation of those standards by neutrals? | 11:40am – 12:00pm

Break | 12:00pm – 12:10pm

IV. How might these standards and strategies be different in international ADR? | 12:10pm – 12:40pm

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