Master Mediators Speak; Employment Arbitration Agreements; Welcome, New Members
the CPR
DateBook
October 15, 2019

Welcome to the "CPR DateBook," our weekly newsletter containing details on CPR's upcoming events in one place for easier planning purposes. These mailings will also contain helpful tips, highlights and links to breaking CPR news and initiatives, as well as CPR resources you may want to explore or revisit. CPR is always hard at work to provide information and other tools to help you advance your dispute resolution goals. To print the DateBook, first open it in your browser here.
 
 
NEW CALIFORNIA LAW PROHIBITS PRE-DISPUTE EMPLOYMENT ARBITRATION AGREEMENTS

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

As reported by CPR Legal Intern, Andrew Garcia, California Gov. Gavin Newsom signed the bill into law on Oct. 10. It also criminalizes any retaliation against an employee who refuses to enter into a pre-dispute arbitration agreement.

Assembly Bill 5, introduced by Assemblywoman Lorena Gonzalez, D., San Diego, says that a violation of the amended California Labor Code is a misdemeanor. Despite the law’s harsh prescriptions for violators, the bill clarifies that it does not purport to invalidate any existing arbitration agreement that is consistent with the Federal Arbitration Act.

Read more about these developments on our blog, CPR Speaks.
 
FINAL DAYS TO REGISTER
Organized in collaboration with CPR's Canada Advisory Board and the CPR Energy Committee, and hosted by McCarthy Tétrault LLP, CPR's 2019 Canada Conference will take place in Calgary on October 17, between 8:30 and 11:30 am (with a welcome reception, hosted by Blake, Cassels & Graydon LLP, the night before). 

The theme of this year's conference will be "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector."

Our speakers include:


First Panel: Use of Different ADR Mechanisms in the Energy Sector

Moderator:

Martin J. Valasek – Partner & Head of International Arbitration - Canada, Norton Rose Fulbright LLP (Montréal, Québec)

Speakers:
  • Mary E. Comeau - Calgary Energy and Commercial Arbitrators (Calgary, Alberta)
  • Patricia  Galloway – Galloway Arbitration, Inc., CPR Distinguished Neutral (Cle Elum, Washington)
  • Rahat Godil - Partner, Blakes (Toronto, Ontario)
  • Dan Kolenick – Managing Counsel – Canada, Global Litigation Shell Canada Limited (Calgary, Alberta)
  • John J. Marshall, Q.C. – Mediator & Arbitrator & CPR Distinguished Neutral (Calgary, Alberta)

Second Panel: Practical Tips for Disputes Policies and Drafting Clauses

Moderator:

Kara Smyth – Partner, McCarthy Tétrault LLP (Calgary, Alberta)

Speakers:
  • Ross D. André – Senior Litigation Counsel, Southern Company (Atlanta, Georgia)
  • Sashe D. Dimitroff – Partner, BakerHostetler (Houston, Texas)
  • Tim Martin – C.Arb, FCIArb, Northumberland Chambers Inc., Fellow at the College of Commercial Arbitrators (Calgary, Alberta)
  • Leanne N. Wichmann -  Legal Counsel, Legal & Compliance, Hexagon (Calgary, Alberta) 
 
 
PRE-REGISTRATION NOW OPEN FOR CPR's 2020 INTERNATIONAL MEDIATION COMPETITION

March 27 - 29, 2020
São Paulo, Brazil
 
As the only international mediation competition held in Latin America, the CPR International Mediation Competition is a unique opportunity for students to learn and practice mediation and negotiation skills through the role-playing of a mediation problem drafted by experienced mediators and practitioners. The competition convenes students and distinguished ADR professionals from around the globe providing exceptional networking opportunities.

The 2020 CPR International Mediation Competition, which will take place for two days on March 28-29, 2020, in São Paulo, Brazil. The competition will be hosted by Demarest Advogados and will be preceded by a training for students, taking place on March 27, 2020. Pre-registration is open until November 15, 2019.
For more information, ground rules, sponsorship opportunities and to pre-register, please click HERE.
 
CALL FOR SUBMISSIONS FOR CPR'S 2019 ANNUAL AWARDS

Deadline: November 15, 2019

CPR's Awards Program honors outstanding scholarship and practical achievement in the field of alternative dispute resolution. Award criteria focuses on processes, techniques, systems, commitment, and scholarship which address the resolution, prevention or creative management of major disputes involving public or business institutions between corporations, between government and corporations, or among multiple parties. The review committee comprises judges and lawyers from leading corporations, top law firms and academic institutions across the U.S. For more information on the awards and how to submit, click HERE.
 
 
 
IN OUR LATEST ISSUE, OCTOBER 2019, NOW AVAILABLE:

Mediator Skills/ Part 2 of 2 
"Managing Matters: Three Top Neutrals on Mega-Cases’ Common Grounds And Fundamental Divides" by Russ Bleemer
[NOTE: While Alternatives is usually a membership benefit (or subscription only), as an open-access October preview, enjoy this conversation with three top mediators - Kenneth R. Feinberg, Eric Green, and Francis McGovern on dealing with headline-grabbing conflicts. Last month's Part I of this preview focused on mass facilities (available at http://bit.ly/2ksWanp).]

CPR News
"Reserve Your Table for Next Month's CPR Institute 2019 CLA Dinner" by Russ Bleemer

Court Decisions
Back to Scotus’s Schein: A Separability Analysis that Resolves the Problem with the Fifth Circuit’s Remand" by Philip J. Loree Jr."

The Master Mediator
"How Mediation Can REALLY Allow The Clients to Talk and Decide" by Robert A. Creo

International ADR/Part 1 of 2
A New Global ADR Star is Born: The Singapore Convention on Mediation" by Piotr Wójtowicz & Franco Gevaerd
 
Accessibility - You do not need to be a member of CPR to avail yourself of CPR's numerous dispute resolution service offerings.

Quality - Not all rules are the same—ours have won awards for innovation. All neutrals aren’t the same either—CPR’s panel of almost 550 mediators, arbitrators and other neutrals is distinguished and dynamic, increasingly diverse and responsive, adjusting in real time to meet the continuously changing needs of our users. And CPR offers personalized, concierge-level consulting and case management services, by highly experienced, accessible and multilingual attorneys.
 LEARN MORE.

Efficiency and Lower Costs - You may have heard that arbitration isn’t all that different from litigation—that it takes too long and costs almost as much. Well, not all arbitrations are the same. CPR has addressed many of the criticisms and concerns people may have about arbitration. LEARN MORE.

Integrity - CPR offers integrity, neutrality and a commitment to the rule of law, to ensure a fair and just process for all parties to the arbitration. Arbitrators must be independent and neutral—No exceptions. LEARN MORE.
 

CPR EVENTS/
SAVE THE DATE:

Upcoming CPR events and trainings

UNITED STATES

October 22, 2019 - CPR Construction Advisory Committee Meeting, Panel Presentation & Networking Event, "The Intersection of Infrastructure and Sports" in Philadelphia. Construction Advisory Committee Meeting (4:30 pm) - CPR Members Only. Program and Networking Reception (5:30 pm) – Open to Public. 

October 22, 2019, 2-3:30 pm Eastern / 7-8:30 pm GMT (via Skype/Phone) - CPR Digital Transformation Committee meeting. CPR members only. To RSVP, email rmurphy@cpradr.org

October 24, 2019, 12:30 pm - Banking and Financial Services Committee meeting at KPMG in New York, in person or via dial-in. CPR members only.

October 29, 2019, 5:00 pm to 8:00 pm - Olivier P. André, CPR, Senior Vice President, International will be speaking at "Perception v. Reality: Inclusion, Transparency and Efficiency in Arbitration," at Locke Lord in Houston, TX.

October 30, 2019, 12:30 pm - CPR Government & ADR Task Force Meeting at BakerHostetler, Washington, D.C., either in person or via dial-in, on ADR approaches to DOL enforcement actions.

November 6, 2019, 5:30 pm - "Fomenting Change: International Institute for Conflict Prevention & Resolution at Work in Brazil and Mexico," a James F. Henry Speaker Series Event at New York Law School

November 12, 2019, 12:30 pm - CPR Diversity in ADR Task Force Meeting in NY, in person or via dial-in. Location TBD. 

November 13, 2019 - Miami Tech/IP Seminar, "Arbitrating Technology and Intellectual Property Cases: Latin American and European Approaches" at Florida International University, Downtown Campus, Miami. CPR's Olivier André will be discussing the ICCA-CPR-New York City Bar Protocol on Cybersecurity in International Arbitration.

November 15, 2019 - Submission deadline for CPR's 2019 Annual Awards

November 15, 2019, 12:30 pm - CPR Arbitration Committee Meeting at White and Case in New York

November 20, 2019 - CPR Corporate Leadership Award Dinner honoring Ford Motor Co. and General Counsel, Bradley M. Gayton, at Ziegfeld Ballroom, New York.

CELEBRATE NY ARBITRATION WEEK WITH CPR! November 21, 2019, 8:30 to 10:00 am - CPR Breakfast Program at NYIAC. Then, from 10:30 to 12:00, join us for the North American launch of the ICCA-CPR-NYCBA Protocol on Cybersecurity in International Arbitration.View the full agenda for NY Arbitration Week HERE

November 22, 2019 - Fordham International Arbitration and Mediation Conference 

December 3, 2019, 12 pm - CPR Environmental Committee Webinar via webinar and dial-in. CPR members only.

December 4, 2019 - CPR Mediation Committee Meeting. Location TBD. CPR members only.

February 27-29, 2020 - CPR's Annual Meeting at The Vinoy Renaissance St. Petersburg Resort & Golf Club, St. Petersburg, Florida. Meeting website launching soon.

March 9-10, 2020 - 13th Annual ABA Annual Arbitration Training Institute at the Sandra Day O'Connor College of Law, Phoenix, AZ. CPR members are eligible to receive the lowest registration rate. CPR's SVP, International, Olivier André, will be speaking.

INTERNATIONAL

TOMORROW: October 16, 2019, 6:00 - 8:00 pm – CPR Canada Conference Welcome Reception Hosted by Blake, Cassels & Graydon LLP in Calgary, Canada

October 17, 2019 from 12-1 pm MT: CPR Canada Advisory Board (CAB) In-Person Meeting hosted by McCarthy Tétrault in Calgary. CAB Members Only.

October 17, 2019, 8:30 -11:30 am –
CPR Canada Conference "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector" organized in collaboration with CPR Canada Advisory Board and CPR Energy Committee hosted by McCarthy Tétrault LLP in Calgary, Canada

November 18, 2019, 4 pm GST / 7 am EST - "Business Unusual: Strategies to Disrupt Disputes in the Middle East" hosted by Freshfields in Dubai and co-sponsored by FTI. This CPR Seminar, which is part of Dubai Arbitration Week, will be held in English and will also be available via webinar. RSVP to alexandra.gore@freshfields.com indicating whether you will attend in person or via webinar.

November 22-24, 2019 - CPR is a supporting entity for
the "8th NLIU INADR International Law School Mediation Tournament, 2019" which will be held at the National Law Institute University (NLIU), Bhopal, India

March 27 to 29, 2020 - CPR's International Mediation Competition in São Paulo, Brazil

*Through CPR's collaboration with CEDR, CPR members and Distinguished Neutrals can receive a 10% discount on CEDR Mediation Skills and Employment and Workplace Courses. Before registering, contact sslattery@cpradr.org to receive your discount code.