U.S. Department of the Interior
Alternative Dispute Resolution Conference
May 18 – 19, 2011
San Francisco, California
Day One
Introductory Remarks |
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Mediation
9:15 AM to 10:45 AM |
Our presenters offer an overview of the mediation process from A to Z. Discussion will include:
- Purpose and benefits of mediation
- When to bring a case to mediation
- How to position a case for mediation
- Negotiation tips and techniques
- Using the mediator to best advantage
- Getting beyond impasse
- How to deal with difficult negotiators
- Development of creative settlement terms
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Arbitration
10:45 AM to 12:00 PM |
Our presenters will discuss innovative techniques to avoid costly litigation and streamline commercial arbitrations:
- How in-house and outside counsel can create a customized process to fit each particular case
- How involving a managerial arbitrator at the onset can assist in reducing costs
- How to get from demand to award expeditiously: streamline discovery, develop efficient hearing processes, give clients more input in process
- Selecting appropriate arbitration rules, including expedited procedures where available
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Lunch Break
12:00 PM to 12:45 PM |
WELCOMING REMARKS
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Practical Application of ADR
1:00 PM to 2:00 PM |
FOCUS SESSION: CONTRACTS:
- ADR Clauses
- Government and Private Contracting/Supply Services
- Procurement
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Implementing ADR
2:00 PM to 3:00 PM |
Approaches from the Federal Courts, Puerto Rico and Virgin Islands:
- Federal ADR Programs
- ADR in Puerto Rico
- ADR in the Virgin Islands
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Fostering ADR
3:00 PM to 4:00 PM |
Guam’s Unique Approach:
- Guam’s ADR Statutory Structure/Guam International Arbitration & Mediation (7 G.C.A. Ch. 42&43)
- Guam’s ADR and Multi-Jurisdictional Limited Practice Rules
- One response to Guam’s growing docket: Guam’s ADR pilot program
- Beyond our shores: Guam’s unique position & demand for regional and international dispute resolution/stability under the flag
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Culture, Language and Tradition
4:00 PM to 5:00 PM |
Resolving disputes in the insular areas:
- Access: Los Centros de Mediación de Conflictos de la Rama Judicial de Puerto Rico
- Resolving Disputes in the FSM: Kosrae’s ADR Pilot Program
- Solving the “Hard Ones” through ADR: The Inafa Moulek Model
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Day Two
Opening Remarks |
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International Mediation
9:00 AM to 10:30 AM |
Our presenters will discuss the benefits of using mediation to resolve international disputes. Topics will include:
- Overview of process
- Special considerations
- Cultural issues to consider
- Venues
- Building mediation into international agreements
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International Mediation
10:45 AM to 12:15 PM |
Our presenters will discuss the resolution of a broad range of complex, high-stakes international disputes. Topics will include:
- Litigation versus arbitration
- Enforceability of agreements to arbitrate
- Drafting the ideal dispute resolution clause
- Arbitrator selection
- Discovery in international arbitration, motion practice, and exchange of pleadings
- The "trial" of an international arbitration and how it differs from a U.S. court trial
- Enforcement/annulment/vacatur of award
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Next Steps
12:15 PM to 12:45 PM |
ADR in the Territories:
- Learning from each other: A unique approach to ADR
- Channeling Disputes to ADR: The ADR “Building Blocks” – What will it take?
- Education: Making ADR work for our courts/The judge’s vital role
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