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

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

This course is co-sponsored with myLawCLE.

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_FedBarModerator, 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_FedBarRachel 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_FedBarJim 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_FedBarAna 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_FedBarDavid 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