NAM (National Arbitration and Mediation), one of the nation’s leading providers of alternative dispute resolution (ADR) services, is proud to announce that Richard P. Byrne, Esq. and the Honorable John P. DiBlasi, J.S.C. (Ret.) have been invited to present a Continuing Legal Education (CLE) seminar entitled, Crafting Arbitration Clauses: How Specificity Reduces Dispute Time and Costs, to attorneys at Pryor Cashman, LLP.
The 1- hour CLE program will be held at the law firm’s New York offices located at 7 Times Square, 40th Floor, New York, NY on Wednesday, December 4th.
Attorneys will learn from two of NAM’s highly regarded neutrals that when drafting an arbitration clause with specificity, the ADR process will avoid the time, cost and uncertainty of litigating in court when a dispute arises. The last thing you want is to have disagreements over the arbitration provision. Mr. Byrne and Judge DiBlasi, will demonstrate how the purpose of placing an arbitration clause in a contract with specific terms will streamline the resolution of any dispute under the agreement. In drafting an arbitration clause, the goal is to make the clause itself clear and to the point and be as specific as possible to avoid litigating the provision itself and avoid delaying the ADR process.
Each clause relies heavily on the nature of the business transaction, a general rule is that specificity is a must. Provisions to consider when drafting an arbitration clause are:
- The parties should decide if they want a provision that encompasses any and all disputes.
- The complexity of the potential issues and the amount of damages.
- Whether, as a precondition to the exercise of the right to arbitrate, the clause should include a requirement to mediate.
- The right to award attorneys’ fees, pre and post judgment interest, interim relief, and the ability to award summary judgment.
- Set parameters for discovery and address ESI in the arbitration clause.
- The rules governing procedure and the choice of law to be applied.
- The location where the arbitration will be held.
- Whether the arbitration provision provides for a determination by a single arbitrator or tri-panel of arbitrators.
- The nature and scope of the default provision as applicable to the arbitration clause.
- Who is going to administer the arbitration process?
About NAM’s Presenters
Richard P. Byrne, Esq. has successfully mediated issues in a wide variety of specialty areas, including commercial disputes, employment discrimination claims, employment contract disputes, wage and hour/FLSA claims, construction matters, complex personal injury and property damage claims, insurance and reinsurance matters, risk transfer disputes and life, health and disability claims. For the fifth consecutive year, he was voted one of the Top 3 Mediators in the country by the 2019 National Law Journal Annual Reader Rankings Survey, and for the third year in a row he was named a National Law Journal 2018 Alternative Dispute Resolution Champion, as part of a select group of only 46 nationwide. He was also voted a Top 10 Mediators by the 2018 New York Law Journal Annual Survey for the fifth straight year.
Hon. John P. DiBlasi is a former Justice of the Supreme Court of the State of New York, Commercial Division and has mediated thousands of cases throughout his career. He is experienced in resolving cases across a wide array of legal practice areas, including commercial, class action, construction, employment disputes, environmental, finance, insurance, international, land use, and professional liability, among others. Judge DiBlasi has consistently been voted a top Mediator by many of the Best of Surveys published by American Lawyer Media which include the #1 Mediator in the nation by the 2018 Corporate Counsel survey, a Top Mediator in the U.S. by the 2019 National Law Journal Survey (with 4 of the last 6 years ranked #1) and a Top Ten Mediator by The New York Law Journal for the last nine years. In addition to being named a top mediator in the nation, for the third year in a row, he was named a National Law Journal Alternative Dispute Resolution Champion, as part of a select group of only 46 nationwide. He holds an AV Preeminent peer rating from Martindale-Hubble in both Alternative Dispute Resolution and Litigation – a distinction given only to those who possess the highest ethical standards and professional ability.
Mr. Byrne and Judge DiBlasi are available to arbitrate and mediate cases throughout the United States.
NAM’s CLE Programs
Ranked the #1 Continuing Legal Education (CLE) Provider in the nation by the 2019 New York Law Journal Best of Survey, the 2019 National Law Journal Best of Survey and the 2019 Corporate Counsel Best of Survey, NAM offers complimentary continuing legal education programs for attorneys, bar associations, corporate and government legal departments, and other legal and business organizations.