Market*Access International

Alternative Dispute
Resolution Workshop:
Using ADR to Resolve Contract & Workplace Disputes

March 2-3, 2005
NRECA Executive Conference Center
Arlington, Virginia

Please note: On-line registrations for this workshop are now closed. Space has been made available for you to register on-site. Simply bring the attached registration form with your payment to the registration desk.

Just as the general process of Alternative Dispute Resolution (ADR) is now a well-established fixture—a dependable and efficient alternative to costly and time-consuming traditional litigation—ADR is also recognized for its unique ability to resolve contract and workplace disputes. This intensive, two-day course will present attendees with both a comprehensive overview of the ADR process and a detailed analysis of the specific ADR procedures that have proven so successful in quickly and easily settling contract and employment disagreements.

Attendees of the Alternative Dispute Resolution Workshop will first be introduced to the two main ADR mechanisms, mediation and arbitration, as well as to the several hybrid procedures that the parties may consider using. The mechanics of any successful ADR proceeding—choosing a winning ADR team, selecting the best neutral for your particular situation, preparing proper settlement agreements—all of these topics and many more, will be thoroughly discussed, analyzed and then brought to life in hands-on case studies based upon real (and imagined) contract and workplace controversies.

Next, detailed instruction will focus on two of the areas where ADR has proven itself to be especially effective -- contract and workplace disputes. The attendees will be thoroughly briefed on the impact of key statutes, including the Administrative Dispute Resolution Act, the Federal Arbitration Act, and the ADR provisions of federal employment discrimination statutes. Additionally, each of the potential forums available for the conduct of ADR proceedings will be identified, described and evaluated. And, attendees will be given a copy of Alternative Dispute Resolution for Government Contracts as well as copies of the relevant regulations and directives dealing with the use of ADR in the employment setting.

The instruction method will encourage attendee participation. Role-play, case studies and frequent Q&A sessions, will all insure that each attendee will have many opportunities to experience and understand the duties and responsibilities required of each of the participants in an ADR proceeding.

-- A conceptual look at ADR and its advantages
-- An initial review of contract and workplace disputes

-- Selecting the right mediator
-- Are co-mediators necessary?
-- Describing the several forms of mediation and their significance
-- Contrasting facilitative and evaluative mediation techniques
-- Achieving satisfactory closure
-- Importance of confidentiality
-- Drafting a proper Settlement Agreement

Arbitration

-- Selecting the right arbitrator
-- Structuring and controlling the proceeding
-- Reviewing arbitration procedures
-- Distinguishing arbitration and mediation
-- Enforceability of agreements to arbitrate employment discrimination disputes
--Specifying the type of award

-- Review of the several regularly used mediation techniques
-- Binding and non-binding arbitration
-- Hazards of Med/Arb.

-- The diverse duties and obligations of mediators and arbitrators
-- Qualification requirements
-- Conflicts of interest and disclosure requirements
-- Immunity of Neutrals
-- Ethical Questions

-- The designated representative
-- ADR counsel
-- Other team members and their responsibilities

-- Contract clauses
-- ADR agreements
-- Mediation settlements and arbitration awards

Workplace Disputes
-- The legal framework
-- Choosing the “right” forum
-- The EEOC’s National Mediation Program
-- ADR in the federal sector

-- Statutory and regulatory bases
-- Key Executive Orders
-- ADR at the departments and agencies
-- ADR at the Boards of Contract Appeals, the Court of Federal Claims
and the Government Accountability Office.

Steven Kahn has been a labor and employment attorney for more than 30 years. He is an expert in preventing or reducing the risks of employment-related litigation and developing personnel policies to facilitate compliance with equal employment opportunity laws.

Steve has litigated a wide range of labor and employment disputes before the National Labor Relations Board, the Equal Employment Opportunity Commission, the Department of Labor, and in state and federal courts throughout the country. As a neutral, he has participated since 1990 in the mediation program of the United States District Court for the District of Columbia, serving as a mediator in numerous employment cases, particularly in the federal sector. He also has served as a labor arbitrator in resolving disputes arising under collective bargaining agreements and nonunion employment agreements. Finally, Steve has served in the public sector as a fact-finder and interest arbitrator.

Steve is co-author of the Legal Guide To Human Resources, published by the West Group. The Guide contains practical discussion of every major federal labor statute, as well as important state laws, relevant to the broad range of labor relations problems from recruitment to termination. This comprehensive Guide is recognized as the leading work of its kind available to human resource professionals and corporate managers in the United States.

Steve has lectured frequently at national seminars, at public forums, and at universities on a variety of employment topics. He attended Yale University as an undergraduate and earned his law degree from the University of Pennsylvania.

Don Arnavas combines many years of experience as a judge, law school professor and practicing mediator and arbitrator and brings students instruction that is—at the same time—informative, authoritative and readily understandable. Don’s extensive experience both as a neutral and as counsel to the parties permits him to share the practical insights and advice that can lead to a satisfactory resolution of contracts disputes -- one that is both cost and time efficient.

Don is a graduate of Georgetown University Law Center and a member of the District of Columbia and Virginia Bars. He served for three years as a council member of the American Bar Association’s Public Contract Law Section and as a panel member of ACI, a London based ADR provider. Don is the author of Alternative Dispute Resolution for Government Contracts, the text used in this course and of the Government Contract Guidebook, which is in its 3rd Edition and continues to be widely used in colleges and law schools throughout the world. He is listed in the Guide to the World’s leading Experts in Commercial Arbitration–2004. Don has served as an Adjunct Professor at Penn State/Dickinson School of Law since 1983 and lectures extensively at other colleges and universities. He is also a visiting lecturer at the Army Judge Advocate General’s School.

**Course fee includes continental breakfast on both days, refreshments throughout the course, a copy of Alternative Dispute Resolution for Government Contracts as well as copies of the relevant regulations and directives dealing with the use of ADR in the employment setting!

Registration Options

Please note: Registrations for this workshop are now closed. Space has been made available for you to register on-site. Simply bring the attached registration form with your payment to the registration desk.

CANCELLATION POLICY: You may designate a substitute in writing any time before the conference. If you need to cancel your registration, you must send your notice in writing and will be subject to a $50 processing fee. No refunds are given for cancellations received 48 hours prior to the event start date or later.

This workshop will be held at the NRECA (National Rural Electric Coop Assn) Headquarters Building, Executive Conference Center (Main Floor) at 4301 Wilson Boulevard, Arlington, Virginia 22203

Do you need a place to stay while you're attending the course? Here are some nearby hotels.

Market*Access can provide ADR training, wherever and whenever you need, including on-site at your facility. Our staff will cost-effectively implement training customized to your needs.

To schedule a private workshop or for more information, e-mail Laura Johnson, Director of Conferences & Strategic Planning, at ljohnson@marketaccess.org or call (703) 807-2747.

Marketing, Conference Management and Production by:

Market*Access International, Inc.
4301 Wilson Boulevard
Suite 1003
Arlington, VA 22203
(703) 807-2755

Government Best Practices Training Course:

Do you need a place to stay while you're attending the course? Here are some nearby hotels.

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