Tell us about your new role as President of CPR?
In my role as President and CEO, I am primarily focused on recruiting and engaging our members in our various initiatives and projects. CPR is first and foremost a thinktank – that means we serve as the “convener” of all the stakeholders in the DR space (corporate and in-house attorneys, outside counsel, academics and neutrals) to come together to debate, create and innovate processes and practical tools to help businesses resolve disputes. The CPR motto is “Less Conflict. More Purpose.” Most companies understand that legal battles consume precious human and financial resources. Anything they can do, whether it is implementing early dispute prevention mechanisms to identify and choose partners and vendors that align with their corporate culture, drafting better contracts that anticipate and allocate risk appropriately, or including mediation and/or arbitration into a well drafted dispute resolution clause, is a win for everyone involved.
So, my mission is to convene our various committees and task forces regularly to work on resources and workshop various issues that arise in the course of doing business, promote CPR’s mission to corporations and law firms who are interested in actively participating in thought leadership and encourage them to join as members of the Institute; be an active participant in discussing issues and solutions for legal disputes that companies face; and promote CPR Dispute Resolution, a subsidiary of the CPR Institute, where parties file matters and resolve their disputes with the CPR Panel of Distinguished Neutrals using CPR’s rules and procedures.
CPR’s range of activity is dizzyingly diverse. I joined CPR on April 1st this year and it’s been a whirlwind of activities - meeting the very impressive Board members, joining our various Committee and Task Force meetings, attending the CPR annual meeting in Philadelphia, attending a regional meeting in Atlanta, and giving my first President’s address at our annual Corporate Leadership Awards dinner, a black tie event held in Manhattan where we honored Ann Chaplain, the general counsel of Qualcomm, for her leadership in using alternative dispute resolution to help resolve issues. The CPR dance card is very full.
Are there any CPR initiatives that you’d like the ADR Community to know more about?
The CPR Institute’s Arbitration Committee is currently hard at work reviewing all of our arbitration rules for possible revisions. This is done every five years, and we anticipate the new rules will be published in the coming months.
Our resources and protocols are all a product of vigorous and practical discussions held in our Committees, Industry Alliances and working task forces, which are organized by process (e.g., early dispute resolution, mediation or arbitration) or by subject matter (e.g., energy/oil/gas, insurance, construction, technology, etc.). Many other providers create rules and publish protocols and best practices, but what sets us apart is that end-users contribute to CPR work product. Our members refine and adjust the rules and protocols based on real-life, practical experiences – and they ensure that these rules, protocols and resources offer due process protections, provide for a speedy and practical solution and help prevent disputes from arising in the first place if possible.
One example of a recently created resource oriented around dispute prevention is the Mitigating Risk in Life Sciences Transactions manual, written by over 25 members of the CPR Healthcare and Life Sciences Committee. Issued late in 2023, this work product was the brainchild of numerous in-house and outside counsel working in the area of drug development and medical devices. As lawyers who have deep and personal experience with disputes that diverted the companies they serve from the business goal of curing disease and improving health, they sought to provide a guide for better anticipating and addressing risk in contracts. Noting that incomplete or ambiguously drafted contracts lead to down-stream misunderstanding and conflict, the manual offers drafting suggestions that can keep companies out of dispute.
Tell us about CPR’s initiative to develop more dispute prevention resources, what do you want neutrals and consumers of ADR to understand?
Neutrals and consumers of ADR should know that CPR exists not simply to service arbitration and mediations filed by parties who elect to use CPR Dispute Resolution services, but also to provide a high-level forum for those interested in the most sophisticated management of conflict at all stages of a business transaction.
After spending so much time living on the West Coast, how does it feel being back in the New York City dispute resolution community?
It feels great! One marked difference I’ve noticed in returning to New York City is how collaborative and supportive the ADR community is here! Perhaps it is because the ADR market on the West Coast – and maybe I am namely speaking only of California – is so competitive. When I attend events or see programs being put on by other providers there, it is rare for the “competitors” to engage or support each other’s events.
And, of course, it’s wonderful to be back in the city where I went to law school. I attended several “Cardozo by the Bay” events that the alumni committee organized in San Francisco and even got to meet Dean Melanie Leslie when she became dean. That meant a lot – to have the dean come to the West Coast to touch base with the Cardozo alumni there. I still receive the various emails announcing events on campus over the years – and now I can actually attend them! Cardozo’s Kukin Program is in some ways the epicenter of the DR community here in NYC and it’s been such a warm and welcoming homecoming returning to the city.
You have worked with several of the major ADR service providers across the country and have so much experience in the commercial marketplace for dispute resolution. What do you think aspiring neutrals should understand about today’s market?
Whew – I have had so many conversations with both seasoned and aspiring neutrals on how to pursue a successful career as a mediator or arbitrator.
For all interested in becoming an arbitrator or mediator, you have to decide if you have the appetite to be a lone wolf and build a mediation or arbitration business on your own, or if you are better off joining or creating a small local group of neutrals, or possibly joining a larger organization. There are pros and cons for each path. What is exciting for those interested in a career in ADR today is that there are so many avenues and opportunities to pursue and, for those who are entrepreneurial, new markets to introduce and develop an ADR practice in.
And in my observations, there may be a lot of people who aspire to be mediators or arbitrators – and the threshold to hold oneself as one in the marketplace is low. But the most successful neutrals out there are the ones who have put in the time honing their skills in pro bono settings, have a positive reputation in their legal community as being smart, diligent and fair, and spend at least some time every week initially out there networking and being visible to those who are in a position to hire a mediator or arbitrator.
As an alumnus of Cardozo who has successfully built an impressive career in dispute resolution, what advice do you have for students that want to pursue a career in the field?
First, the explosion of ADR programs in the law schools here and abroad is so exciting – when I started my journey in pursuing some path in dispute resolution, there were only a handful of programs, and I was so lucky to be accepted to Cardozo’s Kukin Program. If you are enrolled in a mediation or arbitration clinic, you are already ahead of the game. Take as many negotiation classes as you can – it’ll help in getting that first job, and perhaps even in your personal life.
Second, I always encourage students to join the ABA Section of Dispute Resolution. It’s a great place to learn of opportunities, meet the thought leaders in the ADR field, and to start networking with people who can serve as your sponsor/mentor. Also research and apply for fellowships. There are also fellowships that are geared towards more seasoned attorneys and neutrals, especially for diverse candidates. It is so important that the existing pool of neutrals reflects the heterogeneity, in terms of race, gender and life experience, of the clients whom they seek to serve. All of the major providers have initiatives to diversify their panels of neutrals, including CPR. Attend conferences in-person if you can as it can pay dividends to shake hands and make an impression in person. I found those students who take advantage of invitations to attend events outside of the law school are often the ones who land opportunities that are not advertised, or they make connections with people who are in a position to recommend them for an internship or other opportunities.
Here is a real-life story I share: years ago, a young attorney approached me at the spring conference held by the ABA DR Section after attending my panel. I encouraged her to apply for the AAA’s Higginbotham Fellowship program, which she did and was accepted. While in the Fellowship, I encouraged her to apply for a new VP position that opened up – she did, and she still works at the AAA today!
I also share the story of how my networking outside of law school landed me the job at the American Arbitration Association right after I graduated from law school. Professor Maria Volpe of the John Jay College of Criminal Law, when I was student at Cardozo, hosted early morning roundtables open to anyone in NYC interested in ADR, sometimes to discuss a topic and sometimes just to network. I took a bus from the Upper East Side early in the mornings once a month (or maybe it was twice a month…my memory after 20+ years is a bit hazy) to attend these roundtables. I knew no one at first but eventually developed connections and the attendees started to get to know me. One attendee heard that the AAA was seeking a new Vice President for their NY and their Seattle regional offices, so I applied, and the rest is history. Now, I understand Professor Volpe still runs her roundtables but virtually – and I am part of other similar roundtables in Seattle, Los Angeles and San Francisco, so look to see if any of these informal groups exist and if they welcome law students.
There is a lot of competition out there, but there is also a growing awareness and acceptance of the need for good mediators and arbitrators. The disputes that arise are ever evolving (think: disputes dealing with social media or the Metaverse), and that means that the community of neutrals needs to be continually replenished. For those young law students and lawyers who are passionate about dispute resolution: pursue that path. There is no short supply of disputes in the foreseeable future, and I am personally excited to welcome the next generation of peacemakers in the coming years.