CPR 2012 Annual Report
CPR Annual Report outlining events and contributions in the past year.
CONFLICT PREVENTION & RESOLUTION Shifting the Legal Paradigm 2011/2012 Annual Report CONFLICT PREVENTION & RESOLUTION CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt 1 inteRnationaL inStitUte foR ConfLiCt PReVention & ReSoLUtion a HIstORY Of fIRsts the International Institute for Conﬂict Prevention & Resolution (CPR) is the only independent nonproﬁt organization whose mission it is to help global business and their lawyers resolve complex commercial disputes more cost effectively and efﬁciently. for more than 30 years, the legal community has trusted CPR to deliver superior arbitrators, mediators and business conﬂict solutions. In 1979, CPR was the ﬁrst to bring together Corporate Counsel and their ﬁrms to ﬁnd ways to lower litigation costs. since that time, CPR has changed the way the world resolves conﬂict by being the ﬁrst to develop an aDR Pledge. Over 4,000 operating companies and 1,500 law ﬁrms who have signed the original Pledge have committed to explore alternative dispute resolution options before pursuing litigation. CPR is once again changing the way the world resolves conﬂict by introducing the 21st Century Corporate aDR Pledge, which systemically changes the way global business and its leaders resolve complex commercial disputes. 1979 CPR is the ﬁrst to bring together Corporate Counsel and ﬁnd ways to lower litigation costs 1982 CPR forms the ﬁrst Panel of distinguished neutrals 1984 CPR introduces the CPR Corporate Policy on aDR 1986 CPR members produce the ﬁrst Model Procedure for the Mediation of Business Disputes 1989 CPR publishes Rules and Commentary for Non-traditional arbitration for Business Disputes 1991 CPR witnesses the birth of the companion to the CPR Corporate Policy Pledge: CPR Law firm Policy statement that private practitioners can endorse 1992 CPR issues the ﬁrst ever rules for Non-administered arbitration of International Disputes 1993 CPR produces its National franchise Mediation Program, which leads to the development of CPR’s Panel of franchise Mediators 1996 CPR produces the European Mediation Procedure and revises the European Minitrial Procedure 2000 CPR’s rules include a novel screened selection process 2002 CPR issues its ﬁrst arbitration appeals Procedure CPR’s membership comprises an elite group of aDR trailblazers, including executives and legal counsel from the world’s most successful companies and law ﬁrms, government ofﬁcials, retired judges, highlyexperienced neutrals, and leading academics. CPR accomplishes its mission by harnessing the expertise of these leading legal minds to change the way the world resolves conﬂict. ContentS President & CEO’s Letter Board Chairman’s Letter CPR’s Five Year Strategic Plan The Competitive Advantage of CPR Membership International Initiatives Dispute Resolution Services Program Committees Meetings and Seminars Publications/Education/Training Communications Financials Thank You Donors CPR Board of Directors / Executive Advisory Committee / Senior Staff 2 3 4 6 9 14 18 25 30 35 39 40 42 2004 CPR establishes the ﬁrst U.s.China Business Mediation Institute and first European Mediation Congress at the Hague 2006 CPR releases ﬁrst fast track Rules for Mediation and arbitration of Information technology Disputes 2007 CPR creates ﬁrst Panel of Neutrals with expertise in E-discovery 2009 CPR releases Global Rules for accelerated Commercial arbitration CPR releases Protocol on Disclosure of Documents and Presentation of Witnesses 2010 CPR issues ﬁrst and only Economical Litigation agreement (or civil litigation pre-nup) CPR issues Protocol on Determination of Damages in arbitration 2011 CPR releases Guidelines on Early Disposition of Issues in arbitration 2012 CPR releases its 21st Century Corporate aDR Pledge aBoUt CPR CPR is the leading independent resource helping global business and their lawyers resolve complex commercial disputes more cost effectively and efﬁciently. 1 a LEttER fROM CPR’s PREsIDENt aND CHIEf EXECUtIVE OffICER Kathleen A. Bryan President & Ceo, CPR CPR’s highly successful 2012 Annual Meeting was held on January 12-13, at the Barclay InterContinental Hotel in New York City. Leading General Counsel, top attorneys and experts in international arbitration and mediation met to discuss emerging challenges and opportunities in an increasingly interconnected world. Keynote speakers Harriet E. Miers, former White House Counsel, and Scott Turow, the award-winning enhance CPR’s Panels of Distinguished Neutrals globally and additional credentialing tools are being explored. CPR has strengthened its international initiatives in response to the expressed needs of its multinational membership. In Europe, CPR created a European Executive Board (EEB) to provide strategic direction to its European activities. In Brazil, CPR partnered with local Brazilian organizations to promote the creation of a Business Mediation Institute that will identify qualiﬁed mediators. In the Asia-Paciﬁc region, CPR expanded its footprint and continues to disseminate a survey on the use of mediation. As a member of the U.S. Delegation to the UNCITRAL Working Group III, CPR is working to develop rules for an online dispute resolution (ODR) platform for cross-border, e-commerce transactions. During FY 2013, CPR will further strengthen its efforts in Europe, Brazil and Asia, hold its ﬁrst Brazilian Congress, launch its new online dispute resolution platform for cross-border, e-commerce transactions and promote the 21st Century Corporate ADR Pledge worldwide. In For over 30 years, CPR has delivered innovative solutions to solve business disputes more cost effectively and efﬁciently. This year was no exception. FY 2012 was ﬁlled with a great deal of accomplishments and successes and I want to thank all our members and major donors for their leadership and tremendous support. This year, we expanded our intellectual property and created “ADR 101,” a web-based guide to navigate ADR basics; added several new committees; amassed more than 100 episodes of CPR’s International Dispute Negotiation podcast series and dozens of in-person and online CLE courses; published corporate ADR trends and practices in Alternatives ; held Y-ADR seminars in Boston, London, Paris, and Dallas; and provided incisive coverage of domestic and European legislation and Supreme Court decisions. 2 author, mesmerized the crowd. The CPR/Cornell/Pepperdine survey of Fortune 1000 companies examining their use of ADR, as compared to 1997, was completed. The study found that about 50% of respondents use ADR as their principal approach to resolving disputes. The results also revealed a steep decline in the use of arbitration in all areas since 1997. CPR will be responding to this challenge to arbitration through a multifaceted effort led by its Arbitration Committee. In FY 2012, CPR completed its Five Year Strategic Plan, charting an exciting thought-leadership role for years to come. A 21st Century Corporate ADR Pledge has been developed and a rollout campaign initiated. Efforts are underway to a LEttER fROM CPR’s BOaRD CHaIRMaN addition, for the ﬁrst time, we are moving our Annual Meeting to The Lodge at Torrey Pines in San Diego, California. We are very excited about our future direction and will continue to carry out our mission with your continued support and involvement. The Honorable William H. Webster Chairman, CPR Board of Directors I am pleased to share with you that the Board approved CPR’s Five Year Strategic Plan, including a new forward thinking mission statement, four new strategic goals and a course for CPR to continue its thought leadership role for years to come. This year, we were pleased to welcome two new additions to CPR’s Board. Our new members – Sincerely, For 33 years, CPR has delivered on its promise to provide cost-effective and efﬁcient solutions for changing the way the world resolves business Peter J. Rees QC, Legal Director at Royal Dutch Shell plc, and Thomas J. Sabatino, Jr., Executive Vice President, General Counsel and Corporate Secretary at Walgreen Company – are highly successful ADR visionaries and strong supporters of CPR and its programs. CPR is an exceptionally innovative ADR organization, and I am honored to be its Board Chairman. Kathleen A. Bryan President & CEO, CPR conﬂicts. CPR continues to set the standard by which ADR is practiced by business leaders and their counsel worldwide. The Board of Directors play an integral role in guiding CPR’s mission and its work. This year, CPR engaged in a yearlong strategic planning process to reexamine CPR’s mission and to focus on a speciﬁc number of goals, and align mission and strategy with what members value. The process reafﬁrmed CPR’s legacy of leadership in several areas: quality of our neutral panels, excellent rules, member driven committees, reputation as a thought leader, and involvement in complex commercial disputes. Sincerely, The Honorable William H. Webster Chairman, CPR Board of Directors 3 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH a NEW stRatEGY CPR’S neW MiSSion StateMent the extensive planning process led to the development of the following mission statement: CPR’S fiVe YeaR StRateGiC PLan CPR’s Five Year Strategic Plan was approved by its Board of Directors after a yearlong planning process led by Board member Peter Zeughauser of The Zeughauser Group. The process incorporated interviews with long-term members, the Board of Directors and Executive Advisory Committee. CPR is the leading independent resource helping global businesses and their lawyers resolve complex commercial disputes more cost effectively and efﬁciently. the mission statement supports the fact that for more than 30 years, the legal community has trusted CPR to deliver superior arbitrators, mediators and innovative business conﬂict solutions that signiﬁcantly lower litigation costs. 4 neW StRateGiC GoaLS in addition to a new mission statement, the planning process identiﬁed the following strategic goals: • Develop and disseminate a 21st Century CPR Pledge that moves beyond CPR’s original 1984 Corporate Policy Statement on alternatives to Litigation by creating sustainable domestic and international dispute resolution processes beyond a bilateral agreement; • enhance CPR’s Panels of Distinguished neutrals by developing additional services and credentialing tools, creating a greater sense of community among CPR’s panelists; • invest in international initiatives in Brazil, europe and asia; • explore strategic alliances which will provide enhanced opportunities for CPR’s member organizations. Signiﬁcant progress has already been made on all four strategic goals. CPR has formulated its 21st Century Corporate aDR Pledge and has begun a campaign to secure support from its Board of Directors and executive advisory Committee. efforts are also underway to enhance CPR’s Panels of Distinguished neutrals globally and additional credentialing tools are being explored. Multifaceted international initiatives have begun in europe, Brazil and asia and numerous strategic alliances have been developed. this annual Report will explore in further detail the progress that has been made on all four strategic goals. 5 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH ENGaGEMENt “CPR has been a trusted partner for many years. ey have served as a leading resource on ADR and con ict resolution for not only me, but more importantly, my clients, and my rm.” Lazar P. Raynal Partner, Co-Chair of the trust & estate Controversy Practice Group McDermott Will & emery LLP tHE COMPEtItIVE aDVaNtaGE Of CPR MEMBERsHIP for more than 30 years, CPR has changed the way the world resolves conﬂict. our members are the industry elite – handling the largest and most sophisticated matters and commanding the highest litigation dollars. they are accustomed to staying on top of best practices. they rely on CPR to provide access to objective education, research, tools and services to help them remain competitive. CPR continues to push boundaries, challenge existing legal practice and promote aDR on behalf of its members worldwide. CPR membership is a statement of support and intent. CPR MeMBeRSHiP CPR members believe in CPR’s mission and demonstrate their commitment through membership and involvement. the collaborative nature of our member-only committees provide substantive opportunities to interact with worldclass companies at the most senior levels on legal issues of critical importance worldwide. 6 CPR’s rules and clauses offer many advantages over other institutional approaches. they allow for a selfadministered aDR process, enabling practitioners to maintain control and ﬂexibility while minimizing costs. CPR members have contributed to developing these best-in-class aDR clauses, rules, codes, and procedures that promote the most efﬁcient and effective resolution of commercial disputes worldwide. CPR’s “aDR 101,” an innovative web-based guide for members, provides a step-by-step process on incorporating these rules and clauses into contracts to prevent conﬂict. CPR members have unlimited access to a highly qualiﬁed panel of more than 600 distinguished neutrals, both in the United States and abroad. CPR employs a highly competitive vetting and evaluation process to ensure that the highest quality and most experienced neutrals are available without administrative expenses. CPR’s Dispute Resolution Services are always available to assist with neutral selection to deliver the best match between our neutrals’ qualiﬁcations and the complexity of the legal issues involved. on the international front, CPR is aggressively responding to our members needs by providing expertise and insight to expand aDR use in europe, Brazil and the asia-Paciﬁc region. CPR is collaborating with numerous international organizations to deliver training, tools and resources around the globe. Growing membership, both organically and through outreach, beneﬁts all CPR members by increasing access to global industry best practices and by expanding members’ network of business contacts. on october 1, 2011, CPR re-launched its successful annual Member-Get-a-Member Campaign. CPR members used their astute advocacy skills to spread the word about the value of joining CPR. our special thanks to the following CPR members who successfully recruited new members: Carlos f. Concepcion from Concepcion, Martinez & Bellido, Kenneth R. feinberg from feinberg Rozen, LLP and Michael Moore from SnR Denton. CPR membership efforts also included visits to current and prospective members in various regions worldwide in order to provide insight about anne Weisberg (BlackRock) accepts the 2011 CPR Diversity award on behalf of PD Villarreal (GlaxoSmithKline) CPR Board Chairman emeritus Hon. Charles B. Renfrew at CPR’s 2012 annual Meeting 7 CPR and the latest developments in commercial conﬂict resolution.During this ﬁscal year, CPR made visits to Miami, San Diego, Washington, Boston, new York, Charlotte, new Jersey and Chicago. Visits were also made outside the U.S. to toronto, Montreal, London, Paris, Hong Kong, Sydney, and Sao Paulo, Rio de Janeiro and Belo Horizonte, Brazil. by Mary Beth Cantrell of amgen inc., ﬁnalized a membership restructuring proposal. the new structure and beneﬁts were launched July 1, 2012. the objectives are to: (1) recognize the different reasons organizations support CPR; (2) provide additional pricing options; (3) provide more value to organizational membership; and (4) provide additional opportunities for CPR involvement. these changes include adding a major donor program with enhanced beneﬁts; the option of an individual corporate and law ﬁrm membership; increased organizational member beneﬁts; a new panelist membership; and member acknowledgement based on levels of support. CPR MeMBeRSHiP VaLUe iS enHanCeD CPR’s strength lies in the ﬁnancial contributions and involvement of its members. the Board of Directors’ Membership Subcommittee, chaired John Upchurch (Upchurch Watson White & Max) introduces the 2011 awards judges at the CPR Board and awards Presentation Dinner “CPR is on the cutting edge of innovation in con ict resolution, and as an international corporation, it is critical that we stay ahead of the curve. Our involvement in CPR ensures that we are up to date on the very latest practices, trends and success strategies needed to manage our business.” Jonathan P. Graham Senior Vice President & General Counsel Danaher Corporation Krista Carter (Howrey LLP) and Deborah fishman (Dickstein Shapiro LLP) pose for a picture during the 2011 CPR Corporate Leadership award Dinner 8 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH GLOBaLIZatION “CPR is justly recognized for devising e cient, cost-e ective solutions for resolving business con icts which certainly help us to compete in today’s highly complex multinational environment. CPR’s insight and support is invaluable and their expertise helps lead the way in expanding ADR use across borders and cultures.” Peter J. Rees QC Legal Director Royal Dutch Shell plc INtERNatIONaL INItIatIVEs: CPR EXPaNDs Its GLOBaL REaCH Many of CPR’s most active members are large multinational corporations based in the U.S. and in europe. they have requested and funded work by CPR to enhance and extend arbitration and mediation practices worldwide. With the assistance, support and guidance of its leading global members, and, in particular, the international Committee of the CPR Board, chaired by Barbara Daniele of Ge Capital americas, CPR has undertaken multi-level initiatives to promote nonadministered arbitration, commercial mediation and other methods of conﬂict management outside the U.S. 9 onLine DiSPUte ReSoLUtion (oDR) oDR is widely recognized as the next evolution of aDR. in September 2011, CPR was added to the U.S. Delegation to the UnCitRaL Working Group iii to develop rules and procedures for an oDR platform for cross-border, e-commerce transactions. as part of this process, CPR participates in weeklong sessions of the UnCitRaL Working Group iii at the United nations to develop key principles governing oDR’s use. in addition, in May 2012, CPR was added to the U.S. Delegation to the UnCitRaL Commission and now participates in oDR development at the Commission level. CPR’s involvement is essential to shaping an oDR framework that inspires trust and will be used in every region by both businesses and consumers. CPR is also working closely with Modria, an oDR platform developer run by Colin Rule, the ﬁrst Director of online Dispute Resolution for eBay and PayPal. together, CPR and Modria have developed a ﬂexible online business-to-business arbitration process with CPR oDR arbitration rules written to facilitate the process. CPR and Modria are currently engaged in developing business-to-business pilots for CPR members. following the pilot stage, CPR and Modria plan to publicly release an oDR platform for business-to-business transactions in 2013. Colin Rule (Modria) discusses cross-border transactions at the 2012 CPR annual Meeting aSia-PaCifiC ReGion With the support of General electric, CPR was able to meet with transasia/ChinaGoabroad and the institute of arbitrators and Mediators australia (iaMa) in Hong Kong and australia. these meetings resulted in plans to work with arbitral institutions in the region to develop an infrastructure that provides CPR members with more extensive access to experts and neutrals in the region. CPR and iaMa have developed an alliance for the mutual beneﬁt of their members. at iaMa’s annual Meeting in May, CPR spoke on oDR and the two organizations are exploring future collaboration on oDR. additionally, through UnCitRaL Working Group iii, CPR has identiﬁed and invited several skilled neutrals in the region to submit applications to the global panel. these neutrals play prominent roles in their countries’ José astigarraga (astigarraga Davis) moderates a panel at CPR’s 2012 annual Meeting Christopher K. tahbaz (Debevoise & Plimpton LLP) on the “Developments in international Dispute Resolution” panel at the 2012 CPR annual Meeting 10 aDR systems and will be excellent resources for CPR members. Working with CPR’s asia-Paciﬁc advisory Council, and with the support of General electric, CPR has developed and widely disseminated a survey on the use of mediation in the asia-Paciﬁc region. the purpose of the survey is to gather information about the use of mediation to resolve business disputes, identify barriers to mediation use and make recommendations on how to overcome these barriers. Most recently, CPR engaged the support of transasia/ChinaGoabroad and the institute of arbitrators and Mediators australia (iaMa) to further distribute the survey in the asia-Paciﬁc region. including fernando eduardo Serec of tozzini freire advogados, and Judith Korchin and adolfo e. Jimenez from the host ﬁrm, explored international aDR, with a focus on aDR mechanisms in Brazil. in april 2012, CPR continued its focus on aDR in Brazil with visits to São Paulo, Rio de Janeiro and Belo Horizonte and met with 22 companies, aDR providers, law ﬁrms and others in the budding aDR community. the focus of these meetings was to exchange information and to explore how CPR might assist its members with the promulgation of information about mediation and potential training programs for neutrals. CPR made several formal presentations at various organizations, including UninoVe (university), Machado Meyer (law ﬁrm), ConiMa (umbrella organization for mediation chambers), and the Rio Bar association. Meetings were held with existing CPR member companies, law ﬁrms and aDR institutions as well. With the support of General electric and GlaxoSmithKline, CPR continues to work on Portuguese translations of its various rules and materials. Carlos Hernandez (fluor Corporation) participates on the Business Roundtable at the 2012 CPR annual Meeting CPR Board Member PD Villarreal (GlaxoSmithKline), CPR Senior Vice President Beth trent and Diane Sullivan (Dechert LLP) BRaZiL in September 2011, CPR continued its focus on aDR in Brazil by hosting a second program in its popular regional CLe series. the program, “a Step ahead: tools for navigating Complex Business Disputes,” was held on September 13 at the Miami ofﬁces of Holland & Knight LLP. Speakers, eduardo Damião Gonçalves (Mattos filho, Veiga filho, Marrey Jr e Quiroga advogados) sits on a panel on international dispute resolution at the 2012 CPR annual Meeting 11 the next phase of CPR’s program involves planning a training program and the ﬁrst Business Mediation Congress in Brazil, as well as working with a local Chamber to promote the development of business mediation in Brazil. tURKeY in July 2011, CPR participated in a video conference on Mediation Practices in Civil Disputes around the Globe. this event, which was organized by the turkish Ministry of Justice and United nations Development Program turkey, served as a unique platform for exchanging national and international knowledge, experiences and best practices on mediation in civil disputes. the event provided useful input for the development of a model on civil mediation and ﬁnalization of turkey’s act on Mediation in Civil Disputes. frank Bullock (Womble Carlyle Sandridge & Rice, PLLC) shares a story with a 2012 CPR annual Meeting participant eURoPe Working with General electric’s Jean-Claude najar, CPR has created a european executive Board (eeB), a small group of prominent corporate counsel based in europe, to provide strategic direction to CPR’s future european activities and its european advisory Committee. the eeB’s inaugural meeting took place in Paris in february 2012. Since then, the group has met regularly. the group will meet in person twice a year to work on initiatives relevant to the european market in collaboration with the newly re-constituted european advisory Board (eaB), composed of law ﬁrm and corporate members of CPR. for the third year in a row, CPR supported the iCC’s international Mediation Conference in Paris. Y-aDR London at Herbert Smith LLP, november 16, 2011 eURoPean eDUCationaL ConfeRenCeS anD aLLianCe DeVeLoPMent CPR’s Y-aDR program continued to grow with a series of four seminars in fY 2012, two of which took place in London and Paris. CPR also hosted events and delegations from turkey, armenia, Moldavia, Kazakhstan, and australia. Y-aDR Paris at Shearman & Sterling LLP, february 8, 2012 12 “CPR e orts to promote ADR practices worldwide are essential to multinational corporations trying to navigate in areas of the world where the law is often ambiguous. CPR is the ideal forum for inside counsel to exchange ideas and experiences and gain solid guidance that comes from industry best practices. CPR has become my source for the best methods of consensual con ict management in regions outside the U.S.” Carlos M. Hernandez Chief Legal ofﬁcer and Secretary fluor Corporation Jean-Claude najar (General electric) participates as a panelist on the Business Roundtable at the 2012 annual Meeting CPR has been working on an agreement to exchange neutrals’ names with the Paris-based Centre de Mediation et d’arbitrage de Paris (CMaP) for cross-border matters between north america and europe. CPR has been invited to participate in a breakfast conference with the signatories of the CMaP Pledge in october 2012, during which the agreement to exchange neutrals is expected to be signed. Michael Moore (SnR Denton) speaks on a panel at the CPR 2012 annual Meeting Dan troy (GlaxoSmithKline), CPR Board Chairman Hon. William Webster (Milbank, tweed, Hadley & McCloy LLP) and CPR Board Vice Chairman John Kiernan (Debevoise & Plimpton LLP) 13 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH REsOLUtION “I often recommend that we use CPR’s mediation and arbitration rules because they are self-administered and can be customized to our needs. CPR’s clauses and broad spectrum of dispute resolution options have enabled us to more e ectively manage our legal spend.” Mary Beth Cantrell Senior associate General Counsel amgen inc. DIsPUtE REsOLUtION sERVICEs: CPR’s CLaUsEs aND NEUtRaLs PREVENt aND REsOLVE CONfLICt With litigation costing companies billions of dollars each year, effective conﬂict management is essential to reduce costs, increase privacy, lower litigation risks and improve business relationships. Mediation, arbitration and other consensual dispute resolution methods offer a low-cost, highreturn option for corporations and their outside 14 counsel. CPR’s rules and clauses offer proprietary self-administered processes that empower parties to expedite conﬂict resolution, control the process, and minimize costs. CPR’s Panels of Distinguished neutrals, comprised of former judges, prominent attorneys and academics, are uniquely qualiﬁed to resolve worldwide complex business disputes in more than 20 specialized practice areas. CPR’S CLaUSeS anD RULeS CPR is the leading proponent of self-administered aDR processes. these processes are outlined in CPR’s model rules and clauses and are easily adaptable. they allow parties to constructively and efﬁciently arrive at a just result, while signiﬁcantly controlling risks and expenditures of time and money. By directly administering the dispute resolution process in accordance with CPR’s rules, parties conduct their proceedings without ﬁling pleadings with CPR or paying an administrative fee. there is minimal involvement of an administrative entity and proceedings can be held anywhere in the world. PaneLS of DiStinGUiSHeD neUtRaLS as an independent proponent of self-administered aDR processes, CPR provides access to an elite roster of neutrals in the ﬁeld. the neutrals are highly credentialed by CPR, both internally and by peer review committees, in order to ensure that they possess superior qualiﬁcations in their ﬁelds. CPR has more than 20 industry-speciﬁc panels. CPR also maintains a diverse Global Panel of Distinguished neutrals consisting of 69 panelists across 21 countries. CPR awards judge irene Warshauer discusses the 2011 Professional article award with the CPR Board and awards Dinner attendees “CPR’s dispute resolution services are valuable to our lawyers and to our clients’ in-house counsel. CPR o ers unique value that improves our rm’s ability to resolve complex business disputes more e ectively and more economically.” Linda L. Addison Partner-in-Charge, new York fulbright & Jaworski LLP David Burt (DuPont) presents the CPR Book award at the 2011 CPR Board/awards Dinner Prof. David Lipsky (Scheinman institute on Conﬂict Resolution) moderates a panel at CPR’s 2012 annual Meeting 15 DiSPUte ReSoLUtion SeRViCeS CPR’s independently administered processes allow parties to conduct an arbitration or mediation without the help and added cost of an administering body. Given the varying nature of complex commercial disputes, CPR also provides additional services to assist parties should limited administrative help be needed. With CPR’s assisted dispute resolution services, parties can customize their processes by choosing the type and amount of assistance that they need. CPR also offers a number of consultative services related to the prevention and resolution of disputes. these include assistance with crafting internal aDR systems, drafting pre-dispute aDR clauses and post-dispute aDR agreements. CPR also offers skilled attorneys who can assist in the proper selection criteria and can compile a list of candidates to meet parties’ speciﬁc needs. for the period from July 1, 2011 to June 30, 2012, CPR assisted parties with the selection of neutrals in a wide variety of case matters, as shown to the right: CPR DiSPUte ReSoLUtion SeRViCeS Cases by Subject Matter 7/1/11 to 6/30/12 Prof. alford and tali finkelstein (Wolters Kluwer) pose with the 2011 Best electronic Media about aDR award for Kluwer arbitration Blog Insurance 2% Accounting / Banking / Financial Services 33% Healthcare 6% Energy 11% Franchise 4% CPR’s Special Counsel Kathleen Scanlon at CPR’s 2012 annual Meeting Contracts 23% Technology / Biotech / Trade Secret / Patent 11% Asbestos 4% Other 6% J. William frank, iii (frank aDR), Prof. Dwight Golann (Suffolk University Law School), John Upchurch & terry White (Upchurch Watson White & Max) at the 2012 CPR annual Meeting 16 in fY 2012, CPR’s Panels of Distinguished neutrals were comprised of 12% women, 3% asians, 2% african-americans and 2% Hispanics. of the total panelists selected for dispute resolution cases, 23% were women neutrals, 4% were Hispanic, 2% were african-americans and no asian neutrals were selected. Steven Klugman (Debevoise & Plimpton LLP), keynote speaker and author Scott turow and CPR’s Senior Vice President Beth trent at the 2012 annual Meeting “CPR’s Distinguished Panels of Neutrals are uniquely quali ed to resolve complex business disputes. eir neutrals have extensive experience in resolving thousands of cases in over 20 practice areas and CPR’s model clauses and rules are the best in the industry. ese resources enable us to more e ectively resolve disputes and manage the costs and time associated with pending litigation.” David Bernstein Partner in the Litigation, intellectual Property and international Disputes Resolution Groups Debevoise & Plimpton LLP fred Kipperman (RanD institute for Civil Justice) speaks on a panel at the 2012 CPR annual Meeting Laurel Pyke Malson (Crowell & Moring LLP), Linda addison (fulbright & Jaworski LLP) and anne Weisberg (BlackRock) attend the 2011 CPR Board/annual awards Dinner 17 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH HEaDER EXPERtIsE “CPR’s committees are comprised of nationally-recognized legal leaders who share cutting-edge developments and best practices in ADR. As a CPR Committee member, I have been able both to share best practices developed at GE and return to GE with new insights and tools that allow our lawyers to nd innovative, cost-e ective solutions to resolving our disputes worldwide.” Pamela Corrie, Esq. General Counsel and Chief Risk Counsel Ge Capital Risk/Loss Mitigation Center of excellence PROGRaM COMMIttEEs: tHE sOURCE Of CPR’s INtELLECtUaL PROPERtY one of CPR’s greatest strengths is the work produced by its industry committees, councils and task forces. CPR’s industry-speciﬁc committees analyze aDR challenges, recommend global best practices and publish materials on issues at the 18 forefront of legal debate. the balanced interests of these committees provide a unique platform for analyzing the latest developments, both legal and practical, in all manner of dispute resolution. Committees meet regularly to draft rules and propose industry protocols used around the world. Committee involvement was at record high participation rates during fY 2012 and is expected to increase during fY 2013. CPR believes that the aDR ﬁeld can best be advanced by exploring and analyzing the latest developments in commercial conﬂict management and dispute resolution. We invite our members, academics and neutrals to actively participate in industry and practice speciﬁc committees to study current issues and make recommendations for best practices that often result in published materials. White & Case LLP became the new Committee Chair. CPR extends a very special thank you to Mr. newman for his years of leadership. aSia-PaCifiC aDViSoRY CoUnCiL the asia-Paciﬁc advisory Council is chaired by Professor David Sandborg of the City University of Hong Kong. it was formed in 2009 to address international dispute resolution in the asia-Paciﬁc region. the ﬁrst of two projects is the dissemination of a Barriers to entry Survey, which has been widely distributed in an effort to collect data from businesses in the region on their aDR use. the Council will also focus on developing a reliable panel of neutrals in the asia-Paciﬁc region. Pamela Corrie (Ge Capital, americas), Jon Graham (CPR Board Member) and his wife elizabeth Graham enjoy the 2011 CPR Corporate Leadership awards Dinner aRBitRation CoMMittee the arbitration Committee has been chaired by Lawrence newman, of Baker & McKenzie LLP, since January 2008. the Committee is a resource for corporate counsel, lawyers, academics and practitioners seeking rigorous analysis of issues related to improving the quality of domestic and international arbitration. the Committee ﬁnalized and released its Guidelines on Early Disposition of Issues in Arbitration in January 2012 and distributed the work at CPR’s 2012 annual Meeting. the Committee is presently working on a Draft Protocol on Preparation of arbitral awards for this fall. Robert Smit of Simpson, thacher & Bartlett LLP is chairing the subcommittee working on these rules. on July 1, 2012, ank Santens of alexander C. Schoch of Peabody energy inc. speaks at the 2012 annual Meeting BanKinG anD finanCiaL SeRViCeS CoMMittee the Banking and financial Services Committee meets periodically to consider possibilities for aDR to resolve disputes among ﬁnancial institutions. the Committee, chaired by Pamela Corrie of Ge Capital americas and José Morán of Baker & McKenzie LLP, has created two subcommittees. CPR Board Members Stephen Gates (Mayer Brown LLP), Robert Weber (iBM), and awards Judge David Burt (DuPont) at the 2011 CPR Board/awards Dinner 19 Richard Ziegler (Jenner & Block LLP) moderates a panel during the 2012 CPR annual Meeting one is identifying speciﬁc outreach initiatives to promote aDR within trade organizations, and the other is conducting an informal survey of ﬁnancial services corporate lawyers to analyze the aDR processes they use and obstacles they encounter. the Committee has convened two meetings since last november and held a speaker series on the use of aDR in bankruptcy proceedings. representatives from aeS Construction Worldwide, 1492 americas, navigant Consulting, inc., Dispute Resolution Board foundation, Chartered institute of arbitrators, and northeast Utilities. eMPLoYMent DiSPUteS CoMMittee the employment Disputes Committee is chaired by Jay Waks of Kaye Scholer LLP. it includes corporate representatives, arbitrators, management lawyers, employee representatives, former judges, human resources professionals, mediators and academics who are interested in improving the management and resolution of employment disputes. at its twice-yearly meetings, the Committee invites prominent guest speakers to address current developments in such areas as mediation of aDa claims, waiver of statutory claims, use of aDR by state and federal enforcement agencies, and the enforceability of mandatory and binding arbitration policies. the Committee’s employment Compendium Subcommittee, chaired by nancy Vanderlip of HiD Global Corporation, is working on an updated publication. ConStRUCtion aDViSoRY CoMMittee the Construction Committee, chaired by Robert Rubin of McCarter & english LLP, continues to review applications from neutrals wishing to join the Construction Panel and to plan projects for 2012-2013. on october 18, 2011, the energy, oil & Gas and Construction Committees jointly produced a seminar on “aDR in the Construction of international energy Projects.” the event was held at the Washington, D.C. ofﬁces of Morgan Lewis & Bockius LLP and featured many CPR neutrals and law ﬁrm members, including attorneys from Crowell & Moring LLP, Morgan Lewis & Bockius LLP, nixon Peabody LLP, and McCarter & english LLP. Corporate and institutional panelists included CPR Board Member Peter Harvey (Patterson Belknap Webb & tyler LLP) at CPR’s 2012 annual Meeting Joanna Jacobs (U.S. Department of Justice), Sheila Birnbaum (Skadden, arps, Slate, Meagher & flom LLP) and Peter Morgan (Dickstein Shapiro LLP) at CPR’s 2012 annual Meeting 20 “As a member of CPR’s Arbitration Committee, I have seen rsthand how valuable the committee process can be. Over the years, our Committee has, through active collaboration and debate among its members and under the skillful leadership of Robert Smit and Lawrence Newman, produced a number of excellent and innovative guidelines and protocols, which have truly contributed to the understanding and practice of arbitration. In my new role as Chair, I plan to continue this wonderful tradition, and I of course hope to bring the Committee to even higher levels. With a number of groundbreaking projects already under discussion, I am con dent that 2013 will be another strong and exciting year.” Ank Santens Partner international arbitration Practice White & Case LLP Keynote speaker Harriet Miers (Locke Lord Bissell & Liddell LLP) and CPR’s Senior Vice President and Director of Programs Beth trent at the 2012 annual Meeting Bradley Lerman (Pﬁzer inc.) participates on a panel at the 2012 CPR annual Meeting eneRGY, oiL & GaS CoMMittee the Committee on energy, oil & Gas is chaired by Duncan MacKay of northeast Utilities. it was formed in 2000 to study challenges facing these related industries. it has assembled an international blue-ribbon panel of energy neutrals in subspecialties ranging from alternative energy sources ellen Waldman (thomas Jefferson School of Law), author of Mediation Ethics, participates in an interactive program at the 2012 CPR annual Meeting 21 to nuclear specialties and continues to work on augmenting CPR’s energy, oil & Gas Panel of neutrals. in october 2011, the Committee joined the Construction Committee in presenting “a fresh Look at aDR for international energy Construction Projects.” Harold Moskowitz (Wilson, elser, Moskowitz, edelman & Dicker LLP) receives a special award from CPR President and Ceo Kathleen a. Bryan William Hall, a Dairy Queen franchisee, and John Kujawa of McDonalds USa LLP. the Program’s goal is to encourage the mediation of nonjudicial management of disputes arising between franchisors and franchisees and to encourage all members of the franchise community to resolve conﬂict fairly, amicably and cost-effectively. fRanCHiSe MeDiation PRoGRaM the franchise Mediation Program is led by a Steering Committee of franchisors, franchisees and other inﬂuential participants in the franchise community. the co-chairs of this Committee are HeaLtHCaRe anD Life SCienCeS CoMMittee this Committee is chaired by Katherine Benesch of Benesch & associates, LLC. it studies current challenges and trends in the industry and “CPR is a trusted resource for practical guidance. CPR provides independent analysis backed by over three decades of leadership. By engaging practitioners in committee work, CPR also provides a platform for in uencing the practical application of ADR.” John Upchurch (Upchurch Watson White & Max) presents the 2011 outstanding Practical achievement award to Leonardo D’Urso from the aDR Center in italy Manny W. Schecter Chief Patent Counsel iBM Corporation 22 drafts best practices and aDR tools to manage and resolve disputes. it comprises leading practitioners, corporate counsel and academics with experience in the resolution of disputes among healthcare and life sciences corporations, institutions and parties. the Committee has created a panel of neutrals with expertise in pharmaceutical, healthcare and life sciences-related disputes. MeDiation CoMMittee the Mediation Committee is co-chaired by David Burt, of DuPont, and Jack Levin, an independent neutral who succeeded a. Stephens Clay of Kilpatrick townsend & Stockton LLP in the spring of 2012. the Committee focuses on issues related to improving the quality of mediation practice, both domestically and internationally. the Committee consists of CPR members throughout the world and is working to identify neutrals to serve on CPR’s Panels of Distinguished neutrals. the Mediation Committee is currently developing a multi-part, in-house workshop program based on a “Global aDR Guide” that is being edited for publication in the upcoming year. these workshops will begin at CPR’s 2013 annual Meeting. David Burt (DuPont) presents the CPR Book award to Douglas noll (noll associates) at the 2011 CPR award/Board Dinner inSURanCe CoMMittee the insurance Committee includes representatives of property casual insurance companies who monitor the activities of the Mass Claims Commission and other CPR initiatives that have implications for the insurance industry. the insurance Committee has formed a new Directors and ofﬁcers (D&o) Liability Committee to explore ways to incorporate the use of mediation, arbitration and other aDR processes into the resolution of D&o matters. the Chair of the newly formed Directors and ofﬁcers Committee is timothy W. Burns of Perkins Coie LLP. Laura Robertson (ConocoPhillips) speaks at CPR’s 2012 annual Meeting Patent MeDiation taSK foRCe the task force is chaired by Manny Schecter, Chief Patent Counsel of iBM Corporation. it explores beneﬁts and barriers to the effective use of mediation in patent disputes. the task force has formed three subcommittees to examine mediation best practices within three distinct CPR Board Vice Chairman John S. Kiernan (Debevoise & Plimpton LLP) with Board Chairman Hon. William H. Webster (Milbank, tweed, Hadley & McCloy LLP) 23 areas: 1) pre-mediation, 2) mediation, and 3) issues unique to patent cases. the subcommittees have gathered information and led focus groups. the goal is to draft an “effective Practices: Protocol for Promoting Mediation of Patent Disputes” in 2013. the subcommittees are chaired by Kevin Casey of Stradley Ronan LLP, John Delehanty of Mintz Levin LLP, and Harrie Samaras of the Law ofﬁce of Harrie Samaras. tHe nationaL taSK foRCe on DiVeRSitY in aDR the task force is co-chaired by thomas Sager of DuPont, Laurel Pyke Malson of Crowell & Moring LLP and Charles Morgan of the Morgan Group. it was established to devise practical strategies to increase the participation of women and minorities in mediation, arbitration and other aDR processes. the task force coordinates with minority bar associations on diversity initiatives around the country and administers the annual “CPR award for outstanding Contribution to Diversity in aDR,” which honors a person who has contributed signiﬁcantly to diversity in the aDR ﬁeld. the task force is developing a corporate commitment to diversity, an aDR mentoring program, and an apprentice program designed to promote further diversity among neutrals chosen to mediate or arbitrate by large corporations. it plans to hold a workshop on implicit bias on october 16, 2012 in new York City. PRoDUCt LiaBiLitY CoMMittee this Committee is chaired by Dale Matschullat of Schiff Hardin LLP and encompasses a group of manufacturers, claimants, insurers and others, who are examining product liability litigation in hopes of generating a guide to the efﬁcient and just resolution of such claims. the Committee, which includes representatives of all interested parties, such as inseminators’ and claimants’ attorneys, has developed a “Protocol for early Case Resolution of Product Liability Cases.” it is currently developing a tool kit to assist businesses with implementing the Protocol. Bruce Jackson and Sandra Shaw (Microsoft Corporation) at CPR’s 2011 CLa Dinner CPR Board Member Charles Morgan (the Morgan Group) and Corporate Leadership award recipient Dan troy (GlaxoSmithKline) 24 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH COLLaBORatION “CPR’s meetings and seminars provide the highest quality of analysis, exchange and insight into global ADR trends. As a supporter of CPR for more than a decade, we have grown as a company as a result of our involvement at these meetings. CPR’s meetings and seminars provide executive level networking and enable participants to elevate and improve their ADR and legal skills.” PD Villarreal Senior Vice President – Global Litigation GlaxoSmithKline, USa MEEtINGs aND sEMINaRs: WHERE GREat IDEas aRE sHaRED CPR’s meetings and seminars provide an invaluable way of exchanging best practices for avoiding, managing, and resolving complex commercial disputes. CPR has devoted substantial resources to provide opportunities to convene member corporations and law ﬁrms, professors, judges, neutrals, agency representatives, and others to analyze and reﬁne conﬂict resolution techniques, procedures and systems. CPR’s events provide a unique venue where the world’s leading experts gather to critically examine the trends and processes that advance aDR innovation. 2012 CPR annUaL MeetinG CPR’s 2012 highly successful annual Meeting was held in new York City on January 12-13, 2012, at 25 Keynote Speaker Scott turow (SnR Denton) and CPR Board Chairman Hon. William Webster chat during the 2012 CPR annual Meeting the Barclay interContinental Hotel. as economic disruptions ricochet across the globe, businesses struggle to deal with unprecedented legal issues in an increasingly interconnected world. in this environment, every successful business plan must address dispute prevention and management on a global basis. the 2012 annual Meeting explored this fundamental business reality and its implications for “acceleration and evolution in aDR.” this year’s panelists and participants included an outstanding group of leading General Counsel, top attorneys, and international arbitration and mediation experts. the program began with a discussion of research regarding corporate legal practice and aDR, including the Cornell/CPR/ Pepperdine survey of the fortune 1000, the Deloitte Global Corporate Counsel Report, an analysis of the RanD Report on B2B arbitration, and the Queen Mary University of Londoninternational arbitration Survey. Panel discussions included: the myriad ways that we unintentionally undermine our ability to engage in successful aDR; key developments on the international front, including online dispute resolution and implementation of the eU Mediation Directive; mediation with the government; and an interactive ethics panel that discussed key issues that arise in mediation and arbitration. as in previous years, CPR’s popular in-house counsel panel addressed how companies have adapted their aDR strategies to a complex legal environment. Y-aDR (YoUnG attoRneYS in aLteRnatiVe DiSPUte ReSoLUtion) CPR’s Y-aDR program, chaired by Dana MacGrath of allen & overy LLP, engages practicing lawyers 45 years old and younger or those with less than eight years of professional experience in the international aDR practice area. through periodic seminars and networking events hosted by CPR member law ﬁrms, young lawyers are introduced to the role of aDR systems in corporations and multinational organizations. CPR recently launched a Y-aDR Group on Linkedin which currently boasts more than 120 members. Ruth Glick (arbitrator & Mediator) takes the podium during the 2012 CPR annual Meeting Blake tartt (Beirne, Maynard & Parsons L.L.P.) & 2012 CPR annual Meeting Keynote Speaker Harriet Miers (Locke Lord Bissell & Liddell LLP) pose for a picture 26 “CPR’s meetings provide an exceptional resource to connect world-class content with the greatest legal minds who share best practices in ADR. My rm always bene ts from our involvement in CPR and especially from their meetings.” Michael Moore Partner SnR Denton US LLP Jean-Claude najar (General electric) Recent Y-aDR seminars have been organized in Boston (“Successful aDR Strategies for Life Sciences Companies”), London (“What Deﬁnes Success in Mediation”) and Paris (“Developments in international arbitration from the in-House Perspective”). in addition, Y-aDR participated, together with other young lawyers’ groups, in the 7th annual ita Dallas Roundtable, an international arbitration seminar organized for young practitioners. 2011 CoRPoRate LeaDeRSHiP aWaRD every year, CPR honors a corporation that has demonstrated leadership and commitment to the principles of conﬂict management and resolution and has institutionalized these principles into their corporate and industry culture. the award is presented at a black-tie event that draws more than 500 attendees representing top corporations, law ﬁrms, scholars, and public institutions. Since its inception, the event has raised more than $5.8M in support of CPR’s educational, research and public policy programs. Maria Vicien Milburn (UneSCo) 27 Linda addison (fulbright & Jaworski LLP), Charles Douglas (Sidley austin LLP) and CPR President & Ceo Kathleen a. Bryan at CPR’s 2011 CLa Dinner Past honorees have included Johnson & Johnson, General electric, ernst & Young LLP, ConocoPhillips, Microsoft Corporation, DuPont, Pﬁzer inc., amgen inc. and fMC technologies inc. on november 2, 2011, CPR presented its 2011 Corporate Leadership award to GlaxoSmithKline (GSK) and Daniel e. troy, Senior Vice President and General Counsel, for dedication to the aDR ﬁeld. GSK has deep roots as an aDR advocate. the company joined CPR and signed the CPR Corporate Policy Statement on alternatives to Litigation – the CPR Pledge – in 1988. for more than two decades, GSK has been an industry leader in bringing negotiation and mediation to drug industry disputes. the company has integrated aDR into its operations through contract clauses, a systematic approach to early case assessment and a commitment to aDR education for inside and outside counsel. Dan troy has demonstrated leadership to conﬂict management principles throughout his legal career in private practice, public service and as Corporate Counsel. Under his leadership, GSK is currently spearheading an effort to develop meaningful corporate data about the efﬁciency and ﬁnancial impact of alternative methods of resolving disputes. 2011 aWaRD foR oUtStanDinG ContRiBUtion to DiVeRSitY in aDR CPR presented its third annual “award for outstanding Contribution to Diversity in alternative Dispute Resolution” to elpidio (PD) Villarreal on January 11, 2012. PD Villarreal has been a proponent of diversity and, in particular, for the inclusion of african-americans, Latinos and women in aDR, for many years. He has a track record of challenging corporate america to not simply consider diversity in the neutral selection process, but, more importantly, to select diverse mediators for their cases. PD Villarreal is a CPR Board Member, Senior Vice President of Global Litigation at GlaxoSmithKline, and also serves on the Board of Directors of Latino Justice PRLDef, an organization that aims to protect opportunities for Latinos to succeed in work, school, and family life. Previously, PD Villarreal served as Vice President for Litigation at Schering Plough, as Senior Litigation Counsel for General electric and as a partner at Sonnenschein nath & Rosenthal in Chicago. award recipient Dan troy (GlaxoSmithKline) with CPR President & Ceo Kathleen a. Bryan CPR Board Member Jonathan Graham (Danaher Corporation) takes the podium at CPR’s 2011 Corporate Leadership award Dinner 28 CPR 2011 annUaL aWaRDS PRoGRaM each year, CPR promotes excellence in scholarship and practical achievement through its awards program. CPR awards were presented for the following: Outstanding Practical Achievement: aDR Center in italy, co-founded by Giuseppe De Palo and Leonardo D’Urso. Outstanding Original Professional Article: Roselle L. Wissler, “Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences.” Outstanding Original Short Article: Si Strong, “Collective arbitration Under the DiS Supplementary Rules for Corporate Law Disputes: a european form of Class arbitration?” Outstanding Original Student Article: Michael Diamond, “ ‘energized’ negotiations: Mediating Disputes over the Siting of interstate electronic transmission Lines” and nate Mealy for his work, “Mediation’s Potential Role in international Cultural Property Disputes.” Outstanding Book: Douglas e. noll, author of Elusive Peace: How Modern Diplomatic Strategies Could Better Resolve World Conﬂicts. Outstanding Electronic Media About ADR: Kluwer arbitration Blog, kluwerarbitrationblog.com David Burt (DuPont) presents the 2011 CPR Best electronic Media award to Roger alford (Kluwer arbitration Blog) irene Warshauer, CPR awards Judge, presents the 2011 Professional Short article award to Si Strong nate Mealy, a winner of the CPR 2011 Student article award, poses with awards Judge Hon. elizabeth S. Stong (U.S. Bankruptcy Court, eDnY) 29 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH EDUCatION “ e quality and breadth of CPR’s publications speaks to their mission to help global business and their lawyers resolve complex commercial disputes. CPR’s programs connect the lawyers to the skills they need to navigate the complex eld of con ict management and resolution.” Roland Schroeder Senior Counsel Litigation and Legal Policy General electric PUBLICatIONs/ EDUCatION/ tRaINING: CPR aDVaNCEs tHE aDR fIELD CPR provides an array of published executive-level aDR resources, books, business tools, customized training options, webinars and podcasts to assist practitioners to become better problem solvers and more efﬁcient using aDR methods. CPR’s educational and training programs are designed 30 to elevate and improve the aDR and legal skills of professional practitioners and are led by acknowledged experts in the ﬁeld. CPR brings together leading industry experts to craft detailed aDR clauses, rules, codes and procedures for business agreements and proceedings. CPR members have exclusive access to CPR’s research and drafting assistance, as well as direct involvement in creating this wealth of intellectual property. ALTERNATIVES CPR’s award-winning newsletter provides international aDR coverage and skills development articles. Alternatives’ July-october coverage was dominated by the news of the U.S. Supreme Court’s arbitration work. Alternatives’ other principal focus this year has been on assessing the progress in implementing cross-border mediation laws soon after the european Commission’s 2011 spring deadline. a special feature included a comprehensive analysis of ﬁve sets of international arbitration rules, providing an exclusive section-by-section comparison of the new iCC international arbitration rules with CPR’s, the american arbitration association/iCDR, the LCia, and UnCitRaL. other features dissected the ninth Circuit decisions over the year on the constitutionality of the U.S. Veterans administration’s disability appeals processes; examined Washington legislative and agency moves on arbitration fairness issues; explored the United nations’ effort on online dispute resolution and the need for a workable technology platform; and examined the reconstitution of the 2001 Victim Compensation fund. During fY 2012, Alternatives was recognized for its business news writing, reporting and analysis. the newsletter’s ninth Circuit Va coverage received a gold “azbee in the news” award in the analysis/ investigative category; it also received a bronze citation in the “Custom Publication General excellence: newsletter” category. in the 2011 and 2012 competitions, Alternatives received its fourth and ﬁfth awards in the annual apex awards for Publication excellence. Alternatives publisher, John Wiley & Sons, launched an iPhone/iPad app that continues to improve the search capabilities that can be reached by logging into the CPR website, as well as a new site devoted exclusively to the publication at www.altnewsletter. com. the new search function uses keywords, including subject and author names, to search full text and retrieve articles back to Alternatives’ 1983 inception, saving members Westlaw and Lexis search and time charges. Hon. William Bassler, Deborah Masucci (Chartis inc.) and edna Sussman (SussmanaDR LLC) at the 2012 CPR annual Meeting teresa Giovannini (LaLiVe) participates in a panel at the 2012 CPR annual Meeting Gov. Robert ehrlich Jr. (former governor of Maryland) and andy Baymen (King & Spalding LLP) 31 neW PUBLiCationS CPR is committed to bringing together leading industry experts to craft detailed aDR clauses, rules, codes, and procedures for business agreements and proceedings. this year’s efforts resulted in several substantial pieces of work that advance the aDR ﬁeld. CPR’s “Protocol for the Early Resolution of Product Liability Claims” – Developed by Dale Matschullat and members of CPR’s Product Liability Committee, this guide provides recommendations for the management and resolution of manufacturing and product-related disputes. CPR’s “Guidelines on Early Disposition of Issues in Arbitration” – these guidelines, developed by CPR’s arbitration Committee, under the direction of Committee Chair Lawrence W. newman of Baker & McKenzie LLP, address the circumstances under which it may be appropriate for an arbitral tribunal to undertake early disposition of one or more issues. CPR President and Ceo Kathleen a. Bryan welcomes guests to the 2011 Corporate Leadership award Dinner James Breen (Breen Law firm) participates in the 2012 CPR annual Meeting CPR has developed a new 21st Century Corporate aDR Pledge. the new Pledge emphasizes anticipatory proactive dispute management and moves beyond the original Pledge’s bilateral dispute resolution framework. it does not replace the original CPR aDR Pledge, instead the two Pledges exist side-by-side. CPR’s “ADR 101” – Designed to assist in-house counsel and provides a practical introduction to the worlds of mediation and arbitration, including easy access to CPR resources and aDR tools. this webbased, easy-to-use tool was developed by CPR’s Mediation and arbitration Committees. ContinUinG LeGaL eDUCation WeBCaStS as a content provider for thomson Reuter’s West Legaledcenter.com, CPR now has over 28 ondemand CLe courses with more than 11available as podcasts. CPR members get a 25% discount when they register through CPR’s site. Webcasts added this year included: CPR’s Corporate ADR Pledge – Under the direction of Dale Matschullat of Schiff Hardin LLP, 32 • a new cutting-edge, two-hour ﬁlm on how to install collaborative practice into commercial litigation, beyond its traditional matrimonial cases. the video was produced by CPR with collaborative law practitioner Marc Sheridan. • CPR’s 2012 annual Meeting program, for CLR credit nationwide, including ethics. • Y-aDR programs from Boston, Paris and Washington, D.C., and an event featuring the CPR Mass Claims Commission’s rollout of its “Master Guide to Mass Claims Resolution facilities.” • CPR’s latest original live webcast, “Making Mediation Work for You.” this webcast has become CPR’s most purchased non-ethics online CLe course via live attendance and on-demand purchases. Litigation at Ge infrastructure – oil & Gas, in florence, italy. the podcast is widely distributed for free in the itunes store and via thomson Reuters’ WestLegaledcenter.com, where CPR is a featured content provider. these award-winning podcasts highlight a wide variety of aDR practices and provide insight on issues of interest to the general international business community and all aDR practitioners. new podcasts are posted on CPR’s website and free broadcast feeds are available via RSS and itunes. David Burt (DuPont) and GlaxoSmithKline guests at the CPR 2011 Corporate Leadership award Dinner tRaininG CPR continued its commitment to providing expert training to its members and the greater legal community by hosting numerous educational programs this year. • in august 2011, CPR moderated an inperson and online CLe seminar on “ethics in arbitration,” in conjunction with PLi, in new York City. Panelists included CPR neutrals and other distinguished presenters. • in September 2011, CPR staff presented at Corporate Counsel’s Virtual Corporate Counsel inteRnationaL DiSPUte neGotiation PoDCaSt SeRieS CPR’s International Dispute Negotiation (IDN), a podcast examining global conﬂict resolution, has now broadcasted more than 100 episodes. it is hosted by Michael Mcilwrath, Senior Counsel, CPR Board Member Dale Matschullat (Schiff Hardin LLP) and Lynn Rzonca (Ballard Spahr LLP) 33 Y-aDR Washington D.C. at Milbank, tweed, Hadley & McCloy LLP, June 28, 2011 forum. this event, which limited participation to only Corporate Counsel, was a one-day conference held entirely on the web. the presentation was titled “early Dispute Resolution: Leveraging the flexibility & efﬁciency of aDR tools to Control Caseloads and Costs.” • in January 2012, CPR offered Basic Mediator Skills training in conjunction with the 2012 CPR annual Meeting. the trainers were Simeon Baum and Stephen a. Hochman. • in october 2011, CPR co-sponsored, with the Chartered institute of arbitrators – new York Chapter, “the Judges’ Program,” a panel discussion with three retired jurists who are now CPR neutrals. the speakers included: Hon. William Bassler, Hon. Judith Kaye and CPR Board Chairman Hon. William Webster. PaRtneRSHiP WitH MWi to expand its training offerings, CPR has teamed with MWi, a leading provider of negotiation learning programs, to launch a new customized training program. MWi’s negotiation Skills Learning Program concentrates on the theory and practice of joint problem solving and negotiation. this two-day interactive workshop is based on principles developed at the Harvard negotiation Project and the best-seller Getting to Yes. the program is offered at a discount to CPR’s member organizations. MWi’s clients include leading corporate, public sector and academic organizations. Hon. ted Martin akin 34 CHaNGING tHE WaY tHE WORLD REsOLVEs CONfLICt tHROUGH COMMUNICatIONs COMMUNICatIONs: CPR PROMOtEs aDR GLOBaLLY CPR has undertaken a multi-branched approach to promoting commercial mediation and other forms of consensual conﬂict management through its communications, speaking engagements and special projects. CPR remains focused on promoting the use of dispute resolution and uses social media, its website and numerous public venues to change the way the world resolves conﬂict. in December 2010, CPR completely redesigned and re-launched its website. Since that time, CPR has witnessed a dramatic rise in activity on the site – both in visitation performance and time spent on the site. the number of web pages viewed, website visitors, and panel visits continue to increase from year to year. in just a year’s time, CPR witnessed a 33% increase in the number of web pages viewed and a 5.8% increase in the number of website visitors. the panels section of CPR’s website continues to be a signiﬁcant draw for CPR’s members and increases each year. CPR’S WeBSite CPR’s website, www.cpradr.org, represents a wealth of intellectual capital and serves as the leading source of objective best practices, tools and research in aDR. the site is a robust web portal where CPR members, law ﬁrms, corporations, government entities and the aDR community can come for best practices in clauses, rules and procedures. SoCiaL MeDia anD aRtiCLeS Social Media Forums: CPR emphasizes interactive, participatory online offerings as a key component to communicating the value of aDR. the social media revolution has expanded that reach. fifteen years after CPR’s ﬁrst online seminar, the organization now maintains multiple facebook, twitter and Linkedin accounts that offer frequent updates regarding breaking aDR news, information about new tools and resources, details regarding events, products and services, and access to CPR’s 35 online content and forums. CPR’s social networking participation has driven thousands of people to its website and has created heightened awareness of CPR’s work. this year, CPR continued its coverage of up-tothe-minute aDR rulings and news from the U.S. Supreme Court and other jurisdictions, including blog coverage at www.cpradr.org and live coverage on Linkedin/twitter. in november 2011 and May 2012, The Wall Street Journal online ran two stories based on CPR’s coverage of the ninth District Disability case and provided links to CPR’s site. on twitter, CPR has issued more than 750 tweets and has nearly 500 followers. Dozens of discussions are also underway on our Linkedin groups. Articles: this year, CPR posted and disseminated countless articles on its website, providing the ﬁrst word and analysis for members and the public on hot issues including Senate Judiciary Committee testimony on arbitration fairness hearings: the U.S. Justice Department’s cert petitions for appeals in cases on the constitutionality of veterans’ disability beneﬁts payment processes; multiple cases involving contract drafting issues; class arbitration in the U.S. Supreme Court, the national Labor Relations Board and elsewhere; and cases from every region of the country on issues essential to corporate legal practice addressing aDR and claims facilities. John Bickerman (Bickerman Dispute Resolution, PLLC) and guest at CPR’s 2011 Corporate Leadership award Dinner SPeaKinG enGaGeMentS anD ConfeRenCe PaRtiCiPation in addition to monthly meetings of the Committee on international arbitration and aDR of the international Law Section of the new York State Bar association, the new York City Bar arbitration Committee and the new York international arbitration Club, CPR’s staff continues to spread the word about commercial aDR through speaking engagements, workshops and trainings around the world. among the forums in which CPR participated this ﬁscal year were: Practicing Law Institute: on august 16, 2011, Helena tavares erickson, CPR Senior Vice President and Secretary, spoke about recent decisions on arbitrator ethics and the value of institutional Codes of ethics. CPR Board Members tom Sager (DuPont) and PD Villarreal (GlaxoSmithKline) Peter Steenland (Sidley austin LLP) and Denise Madigan (aDR Services inc.) take a picture after a panel at CPR’s 2012 annual Meeting 36 Cardozo Journal of Conﬂict Resolution Symposium: on november 8, 2011, CPR President & Ceo Kathleen a. Bryan spoke on a panel addressing the issues of culture and religion in conﬂict resolution. ABA Dispute Resolution Section Meeting: on april 19-20, 2012, CPR Senior Vice President and Director of Programs Beth trent moderated a panel on “the Use of aDR by U.S. Corporations.” the panel addressed key ﬁndings of the CPR/Cornell/ Pepperdine Survey of the fortune 1000 regarding aDR attitudes and practices. Annual InsideCounsel SuperConference: on april 23-24, 2012, CPR President & Ceo Kathleen a. Bryan moderated a panel discussion on “Corporate Perspectives on aDR-2011 Survey Results and Current trends.” the panel focused on the recently completed Cornell, CPR, Pepperdine survey of the fortune 1000 regarding aDR practices and usage. ITA Dallas Roundtable: olivier andré, CPR Special Counsel and Director of Dispute Resolution Services, spoke at the 7th annual ita Dallas Roundtable on June 20, 2012 on CPR’s latest initiatives and the economical Litigation agreement. CPR has also been featured in and or authored the following articles: • “Patent Cases need early Resolution. Here’s How…” by Manny W. Schecter Chief Patent Counsel, iBM Corporation and Kathleen a. Bryan, CPR Ceo & President (new York Law Journal online – June 2011 issue) • “By Harnessing the Collective expertise of Leading Minds and Benchmarking Best Practices, CPR is the Resource of Choice” by Kathleen a. Bryan, CPR President & Ceo (Metropolitan Corporate Counsel – august 2011 issue) • “the international institute for Conﬂict Prevention and Resolution” by olivier andré (arbitration news, the newsletter of the international Bar association Legal Practice Division – September 2011 issue). • “attorneys Seminar on Development in international arbitration” by olivier andré, CPR Special Counsel and Director of Dispute Resolution Services (international arbitration – May 2012 issue). Y-aDR nYC at allen & overy LLP, July 27, 2012 John Lowe (Qioptiq) 37 foRtUne 1000 aDR SURVeY CPR co-sponsored, in conjunction with Cornell University’s Scheinman institute on Conﬂict Resolution and Pepperdine University’s Straus institute for Dispute Resolution, a follow-up survey of fortune 1000 companies regarding their use of aDR. the original survey was conducted in 1997. the objectives of this new study were to obtain comparative information regarding mediation, arbitration, and other aDR techniques used by major U.S. corporations to the 1997 results. the study concluded that: • about 50% of respondents use aDR as their principal approach to resolving consumer, commercial, and employment disputes. • about 40% of respondents continue to rely on traditional methods of resolving disputes. • a growing proportion of major corporations are using sophisticated conﬂict management strategies that rely principally on interest-based options. • there has been a steep decline in arbitration in all areas since 1997. Scott Paczosa (navigant Consulting inc.), CPR Board Member anastasia D. Kelly (DLa Piper) and Veta Richardson (association of Corporate Counsel) Pierre Raoul-Duval (Gide Loyrette nouel) and Jean-Claude najar (Ge Commercial finance) Y-aDR Boston at Mintz Levin Cohn ferris Glovsky & Popeo, P.C., october 19, 2011 38 a LEttER fROM tHE CHaIRMaN Of CPR’s fINaNCE BUDGEt & aUDIt COMMIttEE at 32%. The second largest revenue source for CPR is the Corporate Leadership Award Dinner, which represents 30% of overall revenue. For the ﬁrst time, this special event raised over one million dollars to support CPR’s research and programs. CPR secured two major grants in FY12 from the GE Foundation and GlaxoSmithKline. These CPR was founded by general counsel who believed that innovation and efﬁciency comes from working together to address common issues. Today, CPR continues to work with its members – inside and outside counsel – to develop the most effective methods for resolving 21st century business disputes. The dedication to CPR’s original mission is evident through the many organizations that contribute their time and ﬁnancial resources to CPR. This support, along with the stewardship of our Board of Directors and management, has resulted in a strong ﬁnancial position at the end of FY12. Overall revenues increased 3% over the prior ﬁscal year and 25% over a two year period. Not including signiﬁcant in-kind donations, CPR’s direct revenues have increased 14% over FY11 and 23% over FY10. Membership dues still represent the single largest source of our income 2% 3% 4% 2% 3% 4% 7% 7% 7% 7% 15% 15% Dale Matschullat Chairman, CPR Board of Directors I am also proud to report that CPR realized a 32% increase in net assets over the prior ﬁscal period. These assets will provide CPR the opportunity to invest in growth of its programs and services. We remain committed to providing our members with relevant and meaningful resources. We greatly appreciate the ﬁnancial contributions, leadership and service of our members and donors. With their continued support, we look forward to sustained growth and proﬁtability in ﬁscal year 2013 and beyond. Sincerely, gifts represent 10% of CPR’s revenues and will support our international work in Asia, Brazil and Europe. They also support an online dispute resolution project which will have signiﬁcant impact for our members and for all global corporations. Program fees, such as meetings and sponsorships, Dispute Resolution Services and panelist fees remain a stable source of revenue for CPR, combining to represent 22% of total revenues. 4% 7% 2% 3% Dale L. Matschullat Membership Special Events Panel Fees Public Misc 32% Publications, Training and other P 7% CPR inStitUte fY2012 GRoSS ReVenUe SoURCeS Contributions and In-Kind Dispu 32% 32% Membership 15% Special Events Membership 30% Special Events Contributions and In-Kind Meeti Publications, Training and other Program F Misc income Panel Misc income Meeting Fees and Sponsorships Dispute Resolution Services Dispute Resolution Services Dispute Resolution Services 30% 30% Publications, Training and other Program Fees Contributions and In-Kind Panel Fees Meeting Fees and Sponsorships Panel Fees Misc. Income Panel Fees Fees and Sponsorships Meeting Meeting Fees and Sponsorships Dispute Resolution Services Dispute MiscResolution income Services Misc income Publications, Training and other Program Fees Publications, Training and other Program Fees Contr Meeting Fees and Sponsorships Speci Panel Fees Contributions and In-Kind Contributions and In-Kind Special Events 39 Special Events Membership Mem tHaNK YOU 2011/2012 DONORs! at a time when solutions to complex business challenges are needed – yet resources for generating ideas are increasingly difﬁcult to come by – our donors allow CPR to continue to take the lead on exploring innovative ways to resolve commercial disputes for global businesses – they are the reason CPR is changing the way the world resolves conﬂict. We are extremely grateful for their continued support and generosity. Here is a partial list of these supporters: CPR Visionaries ($30,000 & Above) Ballard Spahr LLP Debevoise & Plimpton LLP DuPont Fulbright & Jaworski LLP General Electric Company General Electric Foundation GlaxoSmithKline Kaye Scholer LLP King & Spalding LLP Pepper Hamilton LLP Phillips Lytle Reed Smith LLP Sidley Austin LLP Williams & Connolly LLP CPR Champions ($20,000 - $29,999) Covington & Burling LLP Danaher Corporation Dickstein Shapiro LLP DLA Piper Greenberg Traurig, LLP Jenner & Block LLP Johnson & Johnson Kilpatrick Townsend & Stockton LLP PepsiCo, Inc. Ropes & Gray LLP SNR Denton Weil, Gotshal & Manges LLP CPR Supporters ($10,000 - $19,999) Amgen Inc. Arnold & Porter LLP Baker & McKenzie Beirne, Maynard & Parsons LLP Bradley Arant Boult Cummings LLP Charles River Associates Chevron Corporation Choate, Hall & Stewart LLP Cleary, Gottlieb, Steen & Hamilton LLP ConocoPhillips Crowell & Moring LLP Dechert LLP Deloitte LLP Dewey & LeBoeuf LLP Ernst & Young U.S. LLP Feinberg Rozen, LLP Fitzpatrick, Cella, Harper & Scinto FTI Consulting Golkow Technologies Inc. Hogan Lovells Hollingsworth LLP IBM Corporation Innisfree M & A Incorporated Irell & Manella LLP Johnson, Trent, West & Taylor, LLP Kirkland & Ellis LLP Lavin, O’Neil, Ricci, Cedrone & Disipio Lowenstein Sandler PC Mayer Brown LLP McCarter & English, LLP McDermott Will & Emery Microsoft Corporation Morgan, Lewis & Bockius LLP Morrison & Foerster LLP Navigant Consulting Inc. 40 Nixon Peabody LLP O’Melveny & Myers LLP Patterson Belknap Webb & Tyler LLP Paul Hastings LLP Peabody Energy, Inc. PricewaterhouseCoopers LLP Proskauer Rose LLP Schiff Hardin LLP Schnader Harrison Segal & Lewis LLP Shell Group Shook, Hardy & Bacon LLP Simpson Thacher & Bartlett LLP Skadden, Arps, Slate, Meagher & Flom LLP Smith & Carson, Inc. Squire Sanders LLP State Farm Insurance Companies Steptoe & Johnson LLP Stradley Ronon Stevens & Young, LLP Strategic Litigation Research, Inc. Sullivan & Cromwell LLP Vinson & Elkins LLP Wachtell, Lipton, Rosen & Katz Walgreen Company White & Case LLP WilmerHale Womble Carlyle Sandridge & Rice, PLLC CPR CONTRIBUTORS ($5,000 - $9,999) Abbott Laboratories Adams and Reese LLP Akzo Nobel N.V. Allen & Overy LLP Alston & Bird Anastasia D. Kelly Barbara E. Daniele Barnes & Thornburg LLP Bartlit Beck Herman Palenchar & Scott LLP Baxter Bechtel Corporation Berkeley Research Group, LLC Blank Rome LLP BP Global Chadbourne & Parke LLP Charles B. Renfrew Cravath, Swaine & Moore LLP Dale L. Matschullat Davis Polk & Wardwell LLP DecisionQuest Dickinson Wright PLLC Drinker Biddle & Reath LLP Duke Energy Corporation Fasken Martineau DuMoulin, LLP Fluor Corporation Foley Hoag LLP Fraser Milner Casgrain LLP Fried, Frank, Harris, Shriver & Jacobson LLP Goodwin Procter LLP Holland & Knight LLP Hughes Hubbard & Reed LLP InterContinental Hotels Group Jackson Lewis LLP JAMS John S. Kiernan Jones Day Kelley Drye & Warren LLP Kramer Levin Naftalis & Frankel LLP Latham & Watkins LLP Liberty Mutual Insurance Litigation Insights Litigation Management, Inc. Loyens & Loeff Maslon Edelman Borman & Brand, LLP Milbank, Tweed, Hadley & McCloy LLP Mintz Levin Cohn Ferris Glovsky & Popeo, P.C. Nestlé Northeast Utilities Parker Poe Adams & Bernstein Perkins Coie LLP Pﬁzer Inc. Pillsbury Winthrop Shaw Pittman LLP Salans Schulte Roth & Zabel LLP Seyfarth Shaw LLP Snell & Wilmer L.L.P. Sutherland, Asbill & Brennan LLP Swiss Re Texas Instruments Incorporated Thomas J. Sabatino, Jr. Upchurch Watson White & Max William H. Webster Wilson, Elser, Moskowitz, Edelman & Dicker LLP Winston & Strawn LLP Wyndham Worldwide Corporation Zeughauser Group CPR DONORS ($3,000 - $4,999) AEGIS American Bar Association BKD, LLP Carlos M. Hernandez DuPont Canada FMC Technologies, Inc. GableGotwals Godfrey & Kahn, S.C. Goldberg Kohn Graydon, Head & Ritchey LLP Husch Blackwell LLP Jeff Kichaven KPMG International Law Ofﬁce of Irene C. Warshauer Law Ofﬁces of Charles B. Renfrew Lewis, Rice & Fingersh L.C. Mary Beth Cantrell Michaelson ADR Chambers, LLC Moses & Singer LLP Peckar & Abramson Smith Moore Leatherwood LLP 41 CPR BOaRD Of DIRECtORs (AS OF 8/1/2012) Hon. William H. Webster (Chairman) Former Director, CIA and FBI, U.S. Court of Appeals and U.S. District Judge, Milbank, tweed, Hadley & McCloy LLP John S. Kiernan (Vice Chairman) Debevoise & Plimpton LLP Barbara E. Daniele Senior Vice President & General Counsel Ge Capital, americas Anastasia Kelly Former Vice Chairman, Executive Vice President, General Counsel, Senior Regulatory & Compliance Officer, AiG Partner, DLa Piper Janet S. Kloenhamer Former Senior Vice President, General Counsel & Corporate Secretary, fireman’s fund insurance Executive Administrator for Governance, Hawaii Paciﬁc University Hon. Timothy K. Lewis Former U.S. Court of Appeals Judge Schnader Harrison Segal & Lewis LLP Robert Ruyak Partner Winston & Strawn LLP Sven Dumoulin General Counsel and Director of Legal Affairs akzo nobel n.V., netherlands Thomas J. Sabatino, Jr. Former General Counsel, United airlines, inc. Executive Vice President, General Counsel and Corporate Secretary Walgreen Company Thomas L. Sager Senior Vice President & General Counsel DuPont Linda L. Addison Partner-in-Charge, New York fulbright & Jaworski LLP Stephen F. Gates Former Senior Vice President & General Counsel, ConocoPhillips Company Special Counsel, Mayer Brown LLP Jonathan P. Graham Former Vice President, Litigation & Legal Policy, General electric Company Senior Vice President & General Counsel, Danaher Corporation Francis J. Aquila Partner Sullivan & Cromwell LLP Dale L. Matschullat Former General Counsel, newell Rubbermaid, inc. Schiff Hardin LLP Kathleen A. Bryan President & Chief Executive Officer international institute for Conﬂict Prevention & Resolution Maura Abeln Smith Former Senior Vice President, General Counsel & Corporate Secretary, international Paper Executive Vice President, Government Affairs, General Counsel & Corporate Secretary PepsiCo, inc. PD Villarreal Former Vice President for Litigation, Schering Plough Senior Vice President - Global Litigation, GlaxoSmithKline Peter C. Harvey Partner Patterson Belknap Webb & tyler LLP Mary Beth Cantrell Senior Associate General Counsel amgen inc. Charles R. Morgan Former General Counsel, BellSouth & Managing Director & Special Counsel fti Consulting the Morgan Group Peter J. Rees QC Legal Director Shell (Royal Dutch Shell plc) Carlos M. Hernandez Former General Counsel, ArcelorMittal Americas Chief Legal Officer and Secretary fluor Corporation Jay W. Waks Litigation Partner, Chair Alternative Dispute Resolution Practice Group & Immediate Past Chair - Employment and Labor Law Practice, Kaye Scholer LLP 42 CPR EXECUtIVE aDVIsORY COMMIttEE (AS OF 8/1/2012) Robert C. Weber Senior Vice President Legal & Regulatory Affairs and General Counsel, iBM Corporation Co-Chairs: Jeffrey D. Paquin abbott Laboratories Stephen P. Younger Patterson Belknap Webb & tyler LLP James Deaver Wilson, elser, Moskowitz, edelman & Dicker LLP Charles W. Douglas Sidley austin LLP Douglas Eakeley Lowenstein Sandler PC Kenneth R. Feinberg feinberg Rozen, LLP Laura Flippin DLa Piper Dwight Golann Suffolk University Law School Britton B. Guerrina PricewaterhouseCoopers LLP Claire Gutekunst Gutekunst aDR Robert Haig Kelley Drye & Warren LLP Sondra Hemeryck Schiff Hardin LLP Harold Hestnes WilmerHale Michael B. Keating foley Hoag LLP John S. Kiernan Debevoise & Plimpton LLP Benno Kimmelman allen & overy LLP Judith Korchin Holland & Knight LLP John Lande University of Missouri School of Law Bradley Lerman Pﬁzer inc. Jack P. Levin arbitrator & Mediator Lela P. Love Benjamin n. Cardozo School of Law Duncan MacKay northeast Utilities Laurel Pyke Malson Crowell & Moring LLP Harry N. Mazadoorian Quinnipiac Law School David McLean Latham & Watkins LLP Allan Moore Covington & Burling LLP C. Michael Moore SnR Denton Lawrence W. Newman Baker & McKenzie LLP Alexander J. Oddy Herbert Smith freehills William W. Park Boston University Bennett G. Picker Stradley Ronon Stevens & Young, LLP Gerry Ranking fasken Martineau DuMoulin, LLP Pierre Raoul-Duval Gide Loyrette nouel a.a.R.P.i. Jeffrey M. Senger Sidley austin LLP Karl S. Stern Vinson & elkins L.L.P. Michael Timmons Johnson & Johnson Harry Trueheart nixon Peabody LLP Daniel Winslow Proskauer Rose LLP Marc Wolinsky Wachtell, Lipton, Rosen & Katz Richard F. Ziegler Jenner & Block LLP Peter D. Zeughauser Chairman Zeughauser Group Steve Aeschbacher Microsoft Corporation C. Mark Baker fulbright & Jaworski LLP James M. Zimmerman Partner Sheppard Mullin Richter & Hampton LLP, China Harold S. Barron Barron aDR David Bernstein Debevoise & Plimpton LLP John G. Bickerman Bickerman Dispute Resolution, PLLC Ross B. Bricker Jenner & Block LLP Jamie Broder Paul Hastings LLP Paul A. Bruno fluor Corporation David Burt DuPont Jeffrey Carr fMC technologies, inc. Evan R. Chesler Cravath, Swaine & Moore LLP Louis A. Craco Louis a. Craco esq. John J. Curtin, Jr. Bingham McCutchen LLP Richard J. Davis attorney at Law Patrick Deane nestlé 43 CPR staff CPR Senior staff Kathleen A. Bryan President and Chief Executive Officer +1.646.753.8248 firstname.lastname@example.org Helena Tavares Erickson Senior Vice President and Secretary +1.646.753.8237 email@example.com CPR staff We cannot issue this report without acknowledging the critical role that the CPR staff has played in supporting the CPR mission. A very special thank you to: Olivier P. André Special Counsel & Director of Dispute Resolution Services +1.646.753.8241 firstname.lastname@example.org Terri Bartlett Director of Membership +1.646.753.8225 email@example.com Benjamin Ersing Administrative Assistant +1.646.753.8260 firstname.lastname@example.org Anne C. Ferguson CPR Awards Administrator Special Projects & Graphics Manager +1.646.753.8239 email@example.com Damon Hurd Director of IT Operations +1.646.753.8222 firstname.lastname@example.org Dana Massarsky Marketing and Communications Manager +1.646.753.8231 email@example.com Zosia Ulatowski Membership and Committees Administrator +1.646.753.8227 firstname.lastname@example.org Gina Viera Accounting and Office Manager +1.646.753.8242 email@example.com Mara A. Weinstein Special Projects and Panels Manager +1.646.753.8230 firstname.lastname@example.org Russ Bleemer Editor, Alternatives +1.646.753.8226 email@example.com Kathleen M. Scanlon Special Counsel +1.646.753.8253 firstname.lastname@example.org Wendi Chason Vice President and Director of Marketing +1.646.753.8223 email@example.com Beth Trent Senior Vice President and Director of Programs +1.646.753.8228 Elizabeth Corman Chief Financial Officer +1.646.753.8240 firstname.lastname@example.org 44 CPR HEROEs the CPR staff is in a unique position to witness the many acts of support that our members and supporters display on a continuing basis. We wish to thank each and every one of them for their invaluable contribution! Gabriela Asmar Jose Astigarraga Charles Beach Jamie Broder Michelle Browdy David Burt Kevin Casey Judy Cohen Pamela Corrie Nick Chiechi Carlos F. Concepcion Greg Copeland Gillian A. Dada John Delehanty Chuck Douglas Wayne Fagan Kenneth R. Feinberg Kevin Fong Patricia Freitas Steve Gates Casandra Georges Claudia Frankel Grosman Britton Guerrina Kirke Hasson Melinda Jayson Laura Kaster Judith Korchin Maurice J. H. Kuitems Adolfo Jimenez Gabriel Lacerda Jack Levin David Lipsky Elizabeth Mann Nathalia Mazzonetto Michael McIlwrath Mike Moore Jean-Claude Najar Brad C. Nielson Jeff Paquin Monica Parham Victoria Pynchon Lazar Raynal Domingos Fernando Reﬁnetti Rick Richardson Isabelle Roux-Chenu Harrie Samaras Jean Charles Savouré Larry Schaner Manny Schecter Anke Sessler Tom Stipanowich Mike Timmons Nancy Vanderlip Angelica Walker Irene Warshauer Steve Younger 45 CONFLICT PREVENTION & RESOLUTION Shifting the Legal Paradigm CONFLICT PREVENTION & RESOLUTION 575 Lexington Avenue, 21st Floor New York, New York 10022 Phone: +1.212.949.6490 Fax: +1.212.949.8859 www.cpradr.org 46