Day One- May 18th, 2011

Introductory Remarks

Speaker:

Materials:

  • Introductory Remarks

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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Materials:

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

Speaker:

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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Materials:

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

Speakers:

Materials:

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- May 19th, 2011

Opening Remarks

Speaker:

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

Speakers:

Materials:

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

Speakers:

Materials:

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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