Alternative Dispute Resolution - Arbitration and Mediation

This course covers the process of private resolution of disputes through arbitration and mediation.

19-Nov-2008 -- 19-Nov-2008New YorkUSD$1475
NY Institute of Finance - Midtown9:00am - 4:30pm Instructional Method:
Group-Live
Instructor(s): [ Zuhayr A. Moghrabi; ] Wed Level: Intermediate
CPE Credits: 7

Anyone who is interested in arbitration and mediation.
No advance preparation required.
Students will be able to:
  • Demonstrate a practical understanding of the various aspects of the arbitration and mediation processes.
  • Develop a hands-on approach to coping and solving arbitration and mediation problems.
  • Demonstrate the application of these skills to manage and solve arbitration and mediation problems.
General awareness of the subject matter.
The process of private resolution of disputes:
  • Introduction
  • Arbitration and dispute resolution

Some frequent application of arbitration:

  • Commercial arbitration
  • International commercial arbitration
  • Labor arbitration
  • Arbitration of consumer disputes

The arbitration system and the courts:

  • The Federal Arbitration Act & State law
  • The agreement to arbitrate
  • Judicial review
  • Investor/broker under Securities laws
  • Right of employees & employment disputes
  • United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • Inter-American Convention on International Commercial Arbitration

The arbitration process:

  • The arbitrator’s award
  • The conduct of the hearing

Other considerations:

  • Compulsory arbitration
  • Mandatory arbitration: public employment
  • Mandatory arbitration: public regulation
  • Disputes under FIFRA
  • Other processes

Mediation:

  • Mediation defined
  • Mediations’ popularity

Goals of mediation:

  • Settle cases
  • Problem solving

The mediation process:

  • Participants
  • Starting to mediate
  • Joint sessions, private sessions
  • Facilitating communications
  • Settlement offers
  • Agreements
  • Evaluation by mediator

Application of mediation:

  • Family
  • Labor and employment
  • Community
  • Business
  • Public law including environmental law

Law governing mediation:

  • Mediator’s professional responsibilities
  • Confidentiality
  • Agreement to mediate
  • Mandatory mediation
  • Non-Binding adjudication

Clients who register for this course will receive a complimentary 6 month subscription to the Financial Times and FT.com. The Financial Times is the world's most respected financial newspaper providing a broad assessment on finance, business and the industrial sector. Subscriptions will start within 6-8 weeks of the application process, and are limited to one per client. For questions about your subscriptions call 800-628-8088 or email uscirculation@ft.com. US and Canada enrollees only.

Lunch included for all students taking day classes.