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Day 1
Thursday, March 8, 2018
Day 2
Friday, March 9, 2018
Day 3
Saturday, March 10, 2018

Welcome Remarks

Carlos M. Hernandez
Chairman, Chief Legal Officer
Secretary
Fluor




Keynote

Mediating Conflict Set in Stone with Hon. Layn Phillips: The Confederate Monuments Debate

Moving beyond the hypothetical, this live keynote mediation session will tackle the highly-controversial and sensitive subject of Confederate monuments, including Stone Mountain. Are these monuments a “glorification of white supremacy” or an important reminder of American history? Should they be demolished, contextualized or left alone?

Renowned mediator and CPR Board Member Hon. Layn R. Phillips will work with parties who hold differing positions through a live mediation session.

This keynote provides a rare opportunity to witness a virtuoso mediator in action. Risky and rewarding, conference attendees will see the tools of ADR as they are skillfully applied to a real-world dispute involving entrenched positions and deeply-felt convictions. Skilled mediation facilitates movement, enables parties to better understand their options and helps build a mutually beneficial and sustainable agreement – and uses techniques that are easily applicable to the most difficult challenges presented in resolving commercial disputes.

Mediator:

Hon. Layn Phillips
Phillips ADR





Party-Speakers include:

Sheffield Hale, President and CEO
Atlanta Historical Society





Derreck Kayongo, CEO
Center for Civil and Human Rights





Kevin Foster, CEO
Business Ethics Advisors





Icey Johnson
Atlanta Public Schools





Rodney Mims Cook, President
The National Monuments Foundation





Richard Whitner
Harry Norman





Mediation Advocates:

Hon. Timothy K. Lewis
Former United States District and Circuit Judge
Of Counsel at Schnader Harrison Segal & Lewis




Amanda Saunders
Phillips ADR





Denise Shaw
The Shaw Group





Session 1: Prevention is the New Resolution: Next-Generation Practices, Solutions and Tools

As corporations become increasingly sophisticated, they are looking further upstream – not just at early detection and assessment, but at methodologies aimed to prevent disputes before they arise. From newfangled contractual dispute prevention language, to from-the-start techniques such as standing, hovering and on-call neutrals, this discussion will focus on how companies and counsel are practicing preventative dispute management.

How does one inculcate a culture of compliance? What are companies doing to train and prepare teams to identify and remedy budding disputes? This panel explores how dispute prevention is mechanized and maintained.

Moderator:

Noah J. Hanft
CPR Institute





Speakers:

Joan Stearns Johnsen
University of Florida Levin College of Law





Scott S. Partridge
Vice President, Global Strategy
Monsanto Company




Peter H. Rosenbaum
Jenner & Block





James Masterson
Mastercard





Coffee Break

Stretch your legs, refill your mugs and take a moment to meet meeting attendees.

Session 2: Tracked Sessions

Tracked Session 2A: Resolutions in the Wake of Disaster: Fire, flood, famine. The rising impact of natural disaster and political upheaval cannot be ignored. How are practitioners using ADR to mitigate costs and help to bring business stability in chaotic times?

Moderator:

John M. Sylvester
K&L Gates LLP





Speakers:

Vijay Bondada
Duke Energy





Erin Gleason Alvarez
Gleason Alvarez ADR





Kenneth E. Ryan
Wiley Rein LLP





Steven J. Antunes
AEGIS Insurance Services, Inc.





Tracked Session 2B: ADR in the Wake of the #MeToo Movement: What is the future of mandatory arbitration and mediation of sexual harassment claims in the workplace? Leading representatives of corporate defense, plaintiffs’ bar and government agencies will discuss the impact the #MeToo movement is having on the arbitration and mediation of sexual harassment claims brought by employees and explore creative ways companies can use ADR to resolve these disputes without sacrificing the ability of victims to stand together, the accountability and justice the #MeToo movement has shown is necessary to end the prevalence of sexual assault and harassment in the workplace.

Moderator:

Sarah E. Bouchard
Morgan, Lewis & Bockius LLP





Jennifer S. Bullock
Morgan, Lewis & Bockius LLP





Speakers:

Lisa J. Banks
Katz, Marshall & Banks, LLP





Diane F. Dann
Mastercard





Clinton J. Smith
Alternative Dispute Resolution Coordinator
US Equal Employment Opportunity Commission (EEOC) Atlanta District Office




Joseph B. Farrell
Latham & Watkins






Lunch: CPR Diversity Task Force Luncheon

The Time Is Now: Change Won’t Happen Unless We Make It Happen

John Kiernan, President of the New York City Bar Association and former Chairman of the Board of CPR, will interview the Co-Chairs of the CPR Diversity Task Force – Judge Tim Lewis (Ret.) and Judge Shira Scheindlin (Ret.). They will discuss the current standing of minorities and women in ADR, how to achieve target goals for increasing their participation in ADR, implicit bias and what can be done to counteract and eliminate these biases, and the role and responsibility of clients and their counsel in selecting neutrals. They will also talk of their own experiences and then engage in an interactive conversation with all attendees as to how we can, together, move from talk to action and ensure equal opportunities for all qualified neutrals.

Speakers:

Hon. Timothy K. Lewis
Former United States District and Circuit Judge
Of Counsel at Schnader Harrison Segal & Lewis




Hon. Shira A. Scheindlin
Former United States District Judge
Of Counsel Stroock & Stroock & Lavan





John S. Kiernan
Partner, Debevoise & Plimpton LLP





LAUNCH OF THE NEW CPR MEDIATION GUIDE

Session 3: Regulatory Upheaval: NAFTA, Brexit & Renegotiations

Moderator:

Mark A. Cymrot
Baker & Hostetler LLP





Speakers:

Ralf Lindbäck
Wärtsilä Corporation





Eloïse Obadia
International Investment Law Practitioner





Liz Snodgrass
Three Crowns





Robert Wisner
McMillan LLP





Session 4: Why Don’t Arbitrations Settle?

Data show that court proceedings are more likely to settle in advance of trial than arbitrations. This panel examines that phenomenon and the reasons for it and considers whether there are ways to modify the arbitral process to enhance the likelihood of the ultimate ADR tactic: settlement.


Moderator:

John J. Buckley, Jr.
Williams & Connolly LLP






Speakers:

Chiann Bao
Skadden, Arps, Slate, Meagher & Flom LLP





Marcelo Roberto Ferro
Ferro, Castro Neves, Daltro & Gomide Advogados





Nancy Lesser
Pax ADR LLC





Edna Sussman
SussmanADR LLC





Maurice J.H. Kuitems
Fluor Corporation





Session 5: Master Mediators: Virtuosos in Action

There is no better way to learn the best mediation tactics than to observe seasoned veterans plying their trade.


Moderator:

Jana Litsey
Senior Executive Vice President
General Counsel and Secretary
The Huntington National Bank




Speakers:

Kenneth R. Feinberg
The Law Offices of Kenneth R. Feinberg, PC





Eric D. Green
Resolutions, LLC





Hon. Layn R. Phillips
Phillips ADR





Linda R. Singer, Esq.
JAMs and CPR Neutral





Inspiring Innovation Award Dinner

Honoring ExxonMobil and Eugene Silva, Counsel, International Disputes Group.

Session 6: Business Roundtable: General Counsels’ Perspectives on ADR in an Increasingly Fractured World

General Counsel from the world's leading corporations discuss what is on their minds and where they see the future of dispute prevention and resolution.


Moderator:

Kenneth A. Gallo
Paul, Weiss, Rifkind, Wharton & Garrison LLP






Speakers:

Norman M. Brothers, Jr.
Senior Vice President, General Counsel and Corporate Secretary
UPS




Pilar Ramos
General Counsel, North America
MasterCard




Teresa Wynn Roseborough
Executive Vice President – General Counsel and Corporate Secretary
The Home Depot




Thomas J. Sabatino, Jr.
Senior Vice President, General Counsel, Law & Regulatory Affairs
Aetna, Inc.





Session 7: Cybersecurity & Dispute Resolution

ADR is not immune to the menace of cyber threats. Companies will spend more than $100 billion dollars on cybersecurity in 2020. How can we stay ahead of this fast-changing game?


Moderator:

Micaela R.H. McMurrough
Covington & Burling LLP






Speakers:

Stephanie Cohen
Independent Arbitrator





Hagit Muriel Elul
Hughes Hubbard & Reed LLP





Robert L. Levy
Exxon Mobil Corporation





Sen. Saxby Chambliss
DLA Piper





Session 8: Tracked Sessions

Tracked Session 8A: Innovative Construction Projects: Lessons from Atlanta’s Biggest Buildings: This year’s location for the annual meeting, Atlanta, Georgia, is located in a region bustling with construction activity and related complex contracts. This panel session will focus on four innovative projects located in the Atlanta region, and how those projects have dealt with risks, disputes, and challenges. The Battery/Suntrust Park is a unique concept project that combines a new stadium for the Atlanta Braves with a mixed use entertainment destination, and is redefining the suburban neighborhood where it is located. The Mercedes Benz Stadium is a world class facility that is not only home to the Atlanta Falcons but high-profile events, including the 2018 BCS Championship Game. Plant Vogtle represents the only nuclear power facility currently being constructed in the United States, and is continuing under construction despite controversial cost overruns. The former Olympic Track Stadium that was converted to be the Home of the Atlanta Braves, affectionately referred to as “The Ted” for Ted Turner field, has now been acquired by Georgia State University and will be redeveloped as the home of the GSU Panthers and incorporated into the university campus. Each of these projects has unique stories, including innovative design elements; complex contract documents; and unique dispute resolution methods. This knowledgeable panel will discuss the projects and their risk strategies with emphasis on methods used by the construction industry for innovative projects that may be relevant across other industries and projects.


Moderator:

Jennifer Wheatley Fletcher






Speakers:

Kent W. Collier
Greyling Insurance Brokerage and Risk Consulting, Inc.





Annalisa Bloodworth
Oglethorpe Power Corporation





Bharath Parthasarathy
Georgia State University






8B: Utilizing Arbitration to Resolve Audit-Related Disputes Around the World
Arbitration is ideally suited for the resolution of audit-disputes between companies and their external auditors, just like many other types of commercial disputes. Indeed, arbitration clauses are commonly used in engagement letters between US companies and their external auditors. However, arbitration is not commonly used for the resolution of audit-related disputes outside of the US, even by companies that regularly utilize arbitration for their other commercial contracts. This panel will discuss the suitability of arbitration for audit-related disputes, why arbitration is not being used for audit disputes outside of the US, and what it will take to expand the use of arbitration in audit-related service contracts around the world.


Moderator:

Javier Rubinstein
Kirkland & Ellis LLP





Speakers:

Abby C. Fiorella
Mastercard





Jason Klingensmith
General Motors





Richard A. Martin
Deloitte Touche Tohmatsu Limited





Steve Young
Ernst & Young





Session 9: Ethics & ADR: Telling Tales Out of School: What Can You Say and What Really Happens

All participants in international arbitration are aware that there are frequently obligations to keep the process confidential, pursuant to either the governing arbitral rules, agreement of the parties or the law of the arbitral seat. In addition, potential arbitrators generally have duties of confidentiality to their clients regarding work that the arbitrators may need to disclose in the appointment process. This highly interactive session will seek to explore the precise contours of these duties of confidentiality.


Moderator:

Joseph E. Neuhaus
Sullivan & Cromwell LLP






Speakers:

C. Mark Baker
Norton Rose Fulbright





Richard F. Ziegler
Jenner & Block





Frances E. Bivens
Davis Polk & Wardwell LLP





Session 10: Effective Dispute Resolution Clauses: Perspectives on Drafting Do’s & Don’ts

This panel will address the important choices that must be made when drafting an effective dispute resolution clause, including whether to include pre-arbitration steps such as mediation, whether to choose non-administered or administered arbitration, how the arbitral tribunal shall be selected and how to reduce time and cost of the dispute resolution process. You will gain insights and practical advice from both in-house counsel and international arbitration practitioners, including critical do’s and don’ts when drafting arbitration clauses. While this panel is geared toward younger lawyers, we welcome practitioners at all stages of practice. We hope to have an interactive discussion with the attendees, so please come with questions and innovative ideas to contribute to the dialogue!


Moderators:

Dana C. MacGrath
Sidley Austin LLP





Natalie L. Reid
Debevoise & Plimpton LLP






Speakers:

Vanessa Alarcon Duvanel
White & Case LLP






Adwoa Ghartey-Tagoe Seymour
Cox Enterprises






Alberto Ravell
ConocoPhillips






Thank you to Sidley Austin LLP for sponsoring this Program.




The Program is also supported by Y-ADR (CPR’s Young Attorneys in Dispute Resolution), AtlAS Young Practitioners Group and YAWP (Young Arbitral Women Practitioners).
                   

Brunch & Conversation: Perspectives on Improving Dispute Resolution

"What do you really think?" In this relaxed, intimate setting CPR will facilitate a frank, honest discussion of how we can all work to improve dispute resolution. Brunch attendees will have the opportunity to submit written questions that will be curated and posed to the general counsel of two major Fortune 500 corporations by a skilled moderator. We delve into the nitty gritty of what is working and where ADR is headed in this intimate, confidential setting.

Chatham House Rules:
"When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed".

Moderator:

R. William (Bill) Ide
Dentons







General Counsel:

Janet Langford Carrig
Senior Vice President Legal, General Counsel and Corporate Secretary
ConocoPhillips




Craig Glidden
Executive Vice President and General Counsel
General Motors Co.

> Day 2     > Day 3

AM18 CLE Credits

This program has been approved for a maximum of 15.5 New York CLE Credits. This course is non-transitional, appropriate for experienced attorneys only. The CPR Institute has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York [Reaccreditation Pending]. CPR is a nonprofit organization. Under financial hardship guidelines, at its discretion, CPR may waive the fee for attorneys who demonstrate that they are not currently employed (not retirees). CPR may also provide a special discounted price to attorneys, full-time judges and administrative law judges practicing in the nonprofit and public sectors full time.

E-mail info@cpradr.org for more information.