CONFLICT PREVENTION & RESOLUTION
Shifting the Legal Paradigm
2011/2012 Annual Report
CONFLICT PREVENTION & RESOLUTION
Changing the way the world resolves conflict
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
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
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.
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 CPRâ€™s Panel of Franchise Mediators
1996 CPR produces the European Mediation Procedure and revises the European Minitrial Procedure
2000 CPRâ€™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.
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
President & CEO’s Letter
Board Chairman’s Letter
CPR’s Five Year Strategic Plan
The Competitive Advantage of CPR Membership
Dispute Resolution Services
Meetings and Seminars
Thank You Donors
CPR Board of Directors / Executive Advisory Committee / Senior Staff
About CPR CPR is the leading independent resource helping global business and their lawyers resolve complex commercial disputes more cost effectively and efficiently.
A LETTER FROM CPR’S PRESIDENT AND CHIEF EXECUTIVE OFFICER
Kathleen A. Bryan President & CEO, CPR
CPR’s highly successful 2012 Annual Meeting
enhance CPR’s Panels of Distinguished Neutrals
was held on January 12-13, at the Barclay
globally and additional credentialing tools are
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
For over 30 years, CPR has delivered innovative
author, mesmerized the crowd.
solutions to solve business disputes more cost
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
effectively and efficiently. This year was no
The CPR/Cornell/Pepperdine survey of Fortune
of a Business Mediation Institute that will identify
exception. FY 2012 was filled with a great deal
1000 companies examining their use of ADR, as
qualified mediators. In the Asia-Pacific region,
of accomplishments and successes and I want to
compared to 1997, was completed. The study
CPR expanded its footprint and continues to
thank all our members and major donors for their
found that about 50% of respondents use ADR
disseminate a survey on the use of mediation.
leadership and tremendous support.
as their principal approach to resolving disputes.
As a member of the U.S. Delegation to the
The results also revealed a steep decline in
UNCITRAL Working Group III, CPR is working to
This year, we expanded our intellectual property
the use of arbitration in all areas since 1997.
develop rules for an online dispute resolution
and created “ADR 101,” a web-based guide
CPR will be responding to this challenge to
(ODR) platform for cross-border, e-commerce
to navigate ADR basics; added several new
arbitration through a multifaceted effort led by
committees; amassed more than 100 episodes of
its Arbitration Committee.
CPR’s International Dispute Negotiation podcast
During FY 2013, CPR will further strengthen
series and dozens of in-person and online CLE
In FY 2012, CPR completed its Five Year Strategic
its efforts in Europe, Brazil and Asia, hold its
courses; published corporate ADR trends and
Plan, charting an exciting thought-leadership
first Brazilian Congress, launch its new online
practices in Alternatives; held Y-ADR seminars in
role for years to come. A 21st Century Corporate
dispute resolution platform for cross-border,
Boston, London, Paris, and Dallas; and provided
ADR Pledge has been developed and a rollout
e-commerce transactions and promote the 21st
incisive coverage of domestic and European
campaign initiated. Efforts are underway to
Century Corporate ADR Pledge worldwide. In
legislation and Supreme Court decisions. 2
A Letter from CPR’s Board Chairman
addition, for the first time, we are moving our
The Honorable William H. Webster
Annual Meeting to The Lodge at Torrey Pines in San Diego, California.
Chairman, CPR Board of Directors
We are very excited about our future direction and will continue to carry out our mission with
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.
your continued support and involvement.
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
Kathleen A. Bryan President & CEO, CPR
conflicts. CPR continues to set the standard by
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
which ADR is practiced by business leaders and
Company – are highly successful ADR visionaries
their counsel worldwide.
and strong supporters of CPR and its programs.
The Board of Directors play an integral role in
CPR is an exceptionally innovative ADR
guiding CPR’s mission and its work. This year,
organization, and I am honored to be its Board
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.
The Honorable William H. Webster Chairman, CPR Board of Directors
Changing the way the world resolves conflict through
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
A New Strategy CPR’s New MissioN statement The extensive planning process led to the development of the following mission statement:
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.
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.
Changing the way the world resolves conflict through
engagement “CPR has been a trusted partner for many years. They have served as a leading resource on ADR and conflict resolution for not only me, but more importantly, my clients, and my firm.” Lazar P. Raynal Partner, Co-Chair of the Trust & Estate Controversy Practice Group McDermott Will & Emery LLP
The Competitive Advantage of CPR Membership
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.
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 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.
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
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
CPR Membership Value is Enhanced
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’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
Krista Carter (Howrey LLP) and Deborah Fishman (Dickstein Shapiro LLP) pose for a picture during the 2011 CPR Corporate Leadership Award Dinner
reasons organizations support CPR; (2) provide additional pricing options; (3) provide more value to organizational membership; and (4) provide additional opportunities for CPR involvement.
“CPR is on the cutting edge of innovation in conflict 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
Changing the way the world resolves conflict through
Globalization “CPR is justly recognized for devising efficient, cost-effective solutions for resolving business conflicts 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.
Online Dispute Resolution (ODR)
Colin Rule (Modria) discusses cross-border transactions at the 2012 CPR Annual Meeting
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
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.
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’
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.
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,
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.
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)
With the support of General Electric and GlaxoSmithKline, CPR continues to work on Portuguese translations of its various rules and materials. 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
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.
Frank Bullock (Womble Carlyle Sandridge & Rice, PLLC) shares a story with a 2012 CPR Annual Meeting participant
Y-ADR London at Herbert Smith LLP, November 16, 2011
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 Paris at Shearman & Sterling LLP, February 8, 2012
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.
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.
“CPR efforts 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 conflict management in regions outside the U.S.”
Jean-Claude Najar (General Electric) participates as a panelist on the Business Roundtable at the 2012 Annual Meeting
Carlos M. Hernandez Chief Legal Officer and Secretary Fluor Corporation
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)
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 effectively 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’s dispute resolution services are valuable to our lawyers and to our clients’ in-house counsel. CPR offers unique value that improves our firm’s ability to resolve complex business disputes more effectively and more economically.” Linda L. Addison Partner-in-Charge, New York Fulbright & Jaworski LLP
CPR Awards judge Irene Warshauer discusses the 2011 Professional Article Award with the CPR Board and Awards Dinner attendees
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
Dispute Resolution Services
Prof. Alford and Tali Finkelstein (Wolters Kluwer) pose with the 2011 Best Electronic Media About ADR Award for Kluwer Arbitration Blog
CPR’s Special Counsel Kathleen Scanlon at CPR’s 2012 Annual Meeting
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
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
Insurance 2% Accounting / Banking / Financial Services 33%
Healthcare 6% Energy 11% Franchise 4%
Contracts 23% Technology / Biotech / Trade Secret / Patent 11%
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.
“CPR’s Distinguished Panels of Neutrals are uniquely qualified to resolve complex business disputes. Their 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. These resources enable us to more effectively resolve disputes and manage the costs and time associated with pending litigation.”
Steven Klugman (Debevoise & Plimpton LLP), keynote speaker and author Scott Turow and CPR’s Senior Vice President Beth Trent at the 2012 Annual Meeting
Fred Kipperman (RAND Institute for Civil Justice) speaks on a panel at the 2012 CPR Annual Meeting
David Bernstein Partner in the Litigation, Intellectual Property and International Disputes Resolution Groups Debevoise & Plimpton LLP
Laurel Pyke Malson (Crowell & Moring LLP), Linda Addison (Fulbright & Jaworski LLP) and Anne Weisberg (BlackRock) attend the 2011 CPR Board/Annual Awards Dinner
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 find innovative, cost-effective 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.
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
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
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
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.
Construction Advisory Committee
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
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
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.
“As a member of CPR’s Arbitration Committee, I have seen firsthand 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 confident that 2013 will be another strong and exciting year.”
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
Ank Santens Partner International Arbitration Practice White & Case LLP
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
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
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
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.
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 influencing 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
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.
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.
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
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)
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.
Product Liability Committee
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)
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.
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.
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
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
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.
“CPR’s meetings provide an exceptional resource to connect world-class content with the greatest legal minds who share best practices in ADR. My firm always benefits from our involvement in CPR and especially from their meetings.” Jean-Claude Najar (General Electric)
Michael Moore Partner SNR Denton US LLP
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)
Linda Addison (Fulbright & Jaworski LLP), Charles Douglas (Sidley Austin LLP) and CPR President & CEO Kathleen A. Bryan at CPR’s 2011 CLA Dinner
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
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.
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 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)
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.”
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)
Changing the way the world resolves conflict through
Education “The 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 field of conflict 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)
James Breen (Breen Law Firm) participates in the 2012 CPR Annual Meeting
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
CPR’s Corporate ADR Pledge – Under the direction of Dale Matschullat of Schiff Hardin LLP,
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:
• 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.
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,
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
CPR Board Member Dale Matschullat (Schiff Hardin LLP) and Lynn Rzonca (Ballard Spahr LLP)
Y-ADR Washington D.C. at Milbank, Tweed, Hadley & McCloy LLP, June 28, 2011
Hon. Ted Martin Akin
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.
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.
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.
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.
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.
CPR Board Members Tom Sager (DuPont) and PD Villarreal (GlaxoSmithKline)
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.
Peter Steenland (Sidley Austin LLP) and Denise Madigan (ADR Services Inc.) take a picture after a panel at CPR’s 2012 Annual Meeting
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
John Bickerman (Bickerman Dispute Resolution, PLLC) and guest at CPR’s 2011 Corporate Leadership Award Dinner
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.
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.
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)
Fortune 1000 ADR Survey
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
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.
A Letter from The chairman of CPR’s Finance Budget & Audit Committee
Dale Matschullat Chairman, CPR Board of Directors
at 32%. The second largest revenue source for
I am also proud to report that CPR realized a
CPR is the Corporate Leadership Award Dinner,
32% increase in net assets over the prior fiscal
which represents 30% of overall revenue. For
period. These assets will provide CPR the
the first time, this special event raised over one
opportunity to invest in growth of its programs
million dollars to support CPR’s research and
and services. We remain committed to providing
our members with relevant and meaningful
CPR secured two major grants in FY12 from the
GE Foundation and GlaxoSmithKline. These
We greatly appreciate the financial contributions,
CPR was founded by general counsel who
gifts represent 10% of CPR’s revenues and will
leadership and service of our members and
believed that innovation and efficiency comes
support our international work in Asia, Brazil and
donors. With their continued support, we look
from working together to address common
Europe. They also support an online dispute
forward to sustained growth and profitability in
issues. Today, CPR continues to work with
resolution project which will have significant
fiscal year 2013 and beyond.
its members – inside and outside counsel –
impact for our members and for all global
to develop the most effective methods for
corporations. Program fees, such as meetings
resolving 21st century business disputes. The
and sponsorships, Dispute Resolution Services
dedication to CPR’s original mission is evident
and panelist fees remain a stable source of
through the many organizations that contribute
revenue for CPR, combining to represent 22% of
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
7% 15% 15%
Dale L. Matschullat
2% 3% 4% 2% 3% 4% 7% 7% 7%
32% 7%Institute FY2012 Gross Revenue SourcesPublications, Training and other P CPR Contributions and In-Kind
Membership 15% Special Events Membership 30% Special Events Contributions and In-Kind
MeetiF Publications, Training and other Program Misc income
Panel Misc income Meeting Fees and Sponsorships Dispute Resolution Services
Dispute Resolution Services Dispute Resolution Services
Contr Meeting Fees and Sponsorships Speci
Publications, Training and other Program Fees Contributions Panel Feesand In-Kind 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 MiscPublications, income Training and other Program Fees Publications, Training and other Program Fees
Panel Fees Contributions and In-Kind Contributions and In-Kind Special Events 39 Special Events Membership
Thank you Donors!
2011/2012 Donor List 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. Below is a partial list of these supporters: THANK YOU CPR Visionaries ($30,000 & Above) Ballard Spahr LLP Debevoise & Plimpton LLP DuPont Fulbright & Jaworski LLP GE Capital, Americas General Electric Company GlaxoSmithKline King & Spalding Pepper Hamilton LLP Phillips Lytle LLP Reed Smith LLP Sidley Austin LLP Squire Sanders Williams & Connolly LLP
CPR Champions ($20,000 - $30,000)
CPR Supporters ($10,000 - $19,999)
Amgen Inc. Cleary Gottlieb Steen & Hamilton LLP Covington & Burling LLP Danaher Corporation Dickstein Shapiro LLP DLA Piper Greenberg Traurig, LLP Jenner & Block LLP Johnson & Johnson Kaye Scholer LLP Kilpatrick Townsend & Stockton LLP Mayer Brown LLP PepsiCo, Inc. Ropes & Gray LLP Schiff Hardin LLP SNR Denton Weil, Gotshal & Manges LLP
Alston & Bird Arnold & Porter LLP Baker & McKenzie Baker Botts L.L.P. Beirne, Maynard & Parsons, LLP Bradley Arant Boult Cummings LLP Charles River Associates Chevron Corporation Choate Hall & Stewart LLP ConocoPhillips Crowell & Moring LLP Dechert LLP Deloitte LLP Dewey & LeBoeuf LLP Ernst & Young U.S. LLP Feinberg Rozen, LLP Fitzpatrick, Cella, Harper & Scinto Fluor Corporation
FTI Consulting Golkow Technologies Inc. Hogan Lovells Hollingsworth LLP IBM Corporation Innisfree M & A Incorporated Irell & Manella LLP JAMS Johnson, Trent, West & Taylor, L.L.P. Kirkland & Ellis LLP Lavin, O’Neil, Ricci, Cedrone & Disipio Locke Lord Bissell & Liddell LLP Lowenstein Sandler PC McCarter & English, LLP McDermott Will & Emery Microsoft Corporation Milbank, Tweed, Hadley & McCloy LLP Morgan, Lewis & Bockius LLP
Morrison & Foerster LLP Navigant Consulting, Inc. Nixon Peabody LLP O’Melveny & Myers LLP Patterson Belknap Webb & Tyler LLP Paul Hastings LLP Peabody Energy, Inc. PricewaterhouseCoopers LLP Proskauer Rose LLP Schnader Harrison Segal & Lewis LLP Shearman & Sterling LLP Shell Group Shook, Hardy & Bacon L.L.P. Simpson Thacher & Bartlett LLP Skadden, Arps, Slate, Meagher & Flom LLP Smith & Carson, Inc. 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 Winston & Strawn LLP Womble Carlyle Sandridge & Rice, LLP
CPR CONTRIBUTORS ($5,000 - $9,999) Abbott Laboratories Adams and Reese LLP Akzo Nobel N.V. Allen & Overy LLP Barnes & Thornburg LLP Bartlit Beck Herman Palenchar & Scott LLP Baxter Bechtel Corporation Berkeley Research Group, LLC Bingham McCutchen LLP Blank Rome LLP Blume, Faulkner, Skeen & Northam, PLLC BP Global Chadbourne & Parke LLP CIGNA Corporation Citigroup Inc. Cravath, Swaine & Moore LLP Davis Polk & Wardwell LLP DecisionQuest Dickinson Wright PLLC Drinker Biddle & Reath LLP Duke Energy Corporation Fasken Martineau DuMoulin, LLP Foley Hoag LLP Fraser Milner Casgrain LLP Fried, Frank, Harris, Shriver & Jacobson LLP Goodwin Procter LLP Holland & Knight LLP Hughes Hubbard & Reed LLP Illinois Tool Works Inc. InterContinental Hotels Group Jackson Lewis LLP
Jones Day Kelley Drye & Warren LLP Kramer Levin Naftalis & Frankel LLP Latham & Watkins LLP Law Offices of Charles B. Renfrew Liberty Mutual Insurance Litigation Insights Litigation Management, Inc. Loyens & Loeff Maslon Edelman Borman & Brand, LLP Medtronic, Inc. Mintz Levin Cohn Ferris Glovsky & Popeo, P.C. Monsanto Company Nestlé Newell Rubbermaid Inc. Northeast Utilities Parker Poe Adams & Bernstein LLP 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 The Chubb Corporation The Toro Company Upchurch Watson White & Max Wilson, Elser, Moskowitz, Edelman & Dicker LLP Wyndham Worldwide Corporation Zeughauser Group
CPR DONORS ($3,000 - $4,999) AEGIS American Bar Association BKD, LLP Crowe & Dunlevy DuPont Canada DuPont Pioneer FMC Technologies, Inc. GableGotwals Godfrey & Kahn, S.C. Goldberg Kohn Graydon, Head & Ritchey LLP Huron Consulting Group Inc. Husch Blackwell LLP Irvine Company LLC Jeff Kichaven Keker & Van Nest LLP KPMG International Law Office of Irene C. Warshauer Lewis, Rice & Fingersh L.C. Michaelson ADR Chambers, LLC Miller & Martin PLLC Moses & Singer LLP Norris, McLaughlin & Marcus, P.A. Peckar & Abramson Sandart & Partners Smith Moore Leatherwood LLP Solae, LLC Susman Godfrey LLP
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
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
Robert Ruyak Partner Winston & Strawn LLP
John S. Kiernan (Vice Chairman) Debevoise & Plimpton 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
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
Janet S. Kloenhamer Former Senior Vice President, General Counsel & Corporate Secretary, Firemanâ€™s Fund Insurance Executive Administrator for Governance, Hawaii Pacific University
Francis J. Aquila Partner Sullivan & Cromwell LLP
Jonathan P. Graham Former Vice President, Litigation & Legal Policy, General Electric Company Senior Vice President & General Counsel, Danaher Corporation
Kathleen A. Bryan President & Chief Executive Officer International Institute for Conflict Prevention & Resolution
Mary Beth Cantrell Senior Associate General Counsel Amgen Inc.
Peter C. Harvey Partner Patterson Belknap Webb & Tyler LLP
Carlos M. Hernandez Former General Counsel, ArcelorMittal Americas Chief Legal Officer and Secretary Fluor Corporation
Hon. Timothy K. Lewis Former U.S. Court of Appeals Judge Schnader Harrison Segal & Lewis LLP
Dale L. Matschullat Former General Counsel, Newell Rubbermaid, Inc. Schiff Hardin LLP
Thomas L. Sager Senior Vice President & General Counsel DuPont
Maura Abeln Smith Former Senior Vice President, General Counsel & Corporate Secretary, International Paper Executive Vice President, Government Affairs, General Counsel & Corporate Secretary PepsiCo, Inc.
Charles R. Morgan Former General Counsel, BellSouth & Managing Director & Special Counsel FTI Consulting The Morgan Group
PD Villarreal Former Vice President for Litigation, Schering Plough Senior Vice President - Global Litigation, GlaxoSmithKline
Peter J. Rees QC Legal Director Shell (Royal Dutch Shell plc)
Jay W. Waks Litigation Partner, Chair Alternative Dispute Resolution Practice Group & Immediate Past Chair - Employment and Labor Law Practice, Kaye Scholer LLP
CPR executive advisory committee (as of 8/1/2012) Robert C. Weber Senior Vice President Legal & Regulatory Affairs and General Counsel, IBM Corporation
Peter D. Zeughauser Chairman Zeughauser Group
James Deaver Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Duncan MacKay Northeast Utilities
Jeffrey D. Paquin Abbott Laboratories
Charles W. Douglas Sidley Austin LLP
Laurel Pyke Malson Crowell & Moring LLP
Stephen P. Younger Patterson Belknap Webb & Tyler LLP
Douglas Eakeley Lowenstein Sandler PC
Harry N. Mazadoorian Quinnipiac Law School
Kenneth R. Feinberg Feinberg Rozen, LLP
David McLean Latham & Watkins LLP
Laura Flippin DLA Piper
Allan Moore Covington & Burling LLP
Dwight Golann Suffolk University Law School
C. Michael Moore SNR Denton
Britton B. Guerrina PricewaterhouseCoopers LLP
Lawrence W. Newman Baker & McKenzie LLP
Claire Gutekunst Gutekunst ADR
Alexander J. Oddy Herbert Smith Freehills
Robert Haig Kelley Drye & Warren LLP
William W. Park Boston University
Sondra Hemeryck Schiff Hardin LLP
Bennett G. Picker Stradley Ronon Stevens & Young, LLP
Harold Hestnes WilmerHale
Gerry Ranking Fasken Martineau DuMoulin, LLP
Michael B. Keating Foley Hoag LLP
Pierre Raoul-Duval Gide Loyrette Nouel A.A.R.P.I.
John S. Kiernan Debevoise & Plimpton LLP
Jeffrey M. Senger Sidley Austin LLP
Benno Kimmelman Allen & Overy LLP
Karl S. Stern Vinson & Elkins L.L.P.
Judith Korchin Holland & Knight LLP
Michael Timmons Johnson & Johnson
John Lande University of Missouri School of Law
Harry Trueheart Nixon Peabody LLP
Bradley Lerman Pfizer Inc.
Daniel Winslow Proskauer Rose LLP
Jack P. Levin Arbitrator & Mediator
Marc Wolinsky Wachtell, Lipton, Rosen & Katz
Lela P. Love Benjamin N. Cardozo School of Law
Richard F. Ziegler Jenner & Block LLP
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 NestlĂŠ
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
Russ Bleemer Editor, Alternatives +1.646.753.8226 firstname.lastname@example.org
Kathleen M. Scanlon Special Counsel +1.646.753.8253 email@example.com
Wendi Chason Vice President and Director of Marketing +1.646.753.8223 firstname.lastname@example.org
Beth Trent Senior Vice President and Director of Programs +1.646.753.8228
Elizabeth Corman Chief FinancialÂ Officer +1.646.753.8240 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. AndrĂŠ 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
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 SavourĂŠ Larry Schaner Manny Schecter Anke Sessler Tom Stipanowich Mike Timmons Nancy Vanderlip Angelica Walker Irene Warshauer Steve Younger
CONFLICT PREVENTION & RESOLUTION
Shifting the Legal Paradigm
CONFLICT PREVENTION & RESOLUTION
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