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Drafting and Implementing Modern ADR Clause - SP033012

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Description

Audio files, course materials, seminar evaluation form, and Verification Affidavit will be sent electronically once payment is processed.

For CLE credit, record the codes heard in the course audio on the Verification Affidavit and submit the document to the CBA in accordance with the instructions in the document.


Drafting and Implementing Modern ADR Clauses: How Business Lawyers and Litigators Together Can Get Better Results When A Deal Goes Bad

Presented by: Alternative Dispute Resolution Section
In cooperation with: Quinnipiac University School of Law, Center on Dispute Resolution

About the Program:
The program addresses current trends and best practices in using dispute resolution processes, other than the courts, to cost-effectively and decisively obtain optimal results in business and commercial finance disputes. Topics include an overview of the state of modern ADR practice; a discussion of the ADR options best suited to business disputes; the drafting of ADR clauses in business and commercial finance agreements; collaboration between business lawyers and litigators to create—beginning with the deal drafting stage—well-designed dispute resolution mechanisms that will most directly accomplish your client’s objectives; and a “how to” primer on implementation of these concepts in your practice. While the importance of drafting dispute resolution clauses in business and finance agreements has been gaining recognition, many such clauses are still no more than boilerplate. The panel will explore opportunities to create value within the deal by using the initial agreement to structure the means of breaking logjams when a dispute arises, in order to reach a prompt, effective, and potentially deal-saving resolution.

Program Faculty:
Moderator:
Professor Jennifer G. Brown, Quinnipiac University School of Law, Hamden

Speakers:
Peter W. Benner, PWB LLC, West Hartford
Roy L. De Barbieri, De Barbieri & Associates LLC, New Haven
John R. Downey, Rome McGuigan PC, Hartford
Frederick S. Gold, Shipman & Goodwin LLP, Stamford

Program Schedule:
9:00 Introduction (Prof. Brown)
9:05 Statement of the Problem and Overview of Solutions in Connecticut (De Barbieri)
9:30 Arbitration—Thoughtful Drafting and Business Lawyer/Litigator Collaboration to Avoid Drawbacks and Make Arbitration Work for the Client (Gold)
10:15 Mediation—Underappreciated and Underutilized; How to Turn That Around and Bring Disputes to a Value-Added Resolution by Agreement (Benner)
11:05 Putting It All Together—Choosing Among the Options; What to Watch For and Avoiding Pitfalls (Downey)
11:45 Taking the Lessons Learned Back to Your Practice (Panel) Who Should Purchase The program is intended for business lawyers, as well as business litigators in their firms, to provide specific ideas for coordinating their expertise to incorporate within business agreements well-crafted provisions to enable a direct resolution and advance their clients’ interests in the event of a dispute. Attendees will receive detailed direction and resource materials to implement innovative approaches in their own practices.

This seminar is appropriate for newly admitted and experienced attorneys.

The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE.

CLE Credit: Areas of Professional Practice 3.0 hrs.