The Arbitration Choice vs. Arbitrary Choice

Critical Practice Pointers and Case Law Developments Surrounding Mixed and Morphed Mediation-Arbitration Processes.

The MSBA ADR Section and the Maine Association of Mediators presented this program on Thursday, February 6, 2014 with the schedule including an in-depth discussion about process shifts and ADR contract clauses resulting situations where a mediator for an ADR process morphs into an arbitrator for that very same process, or vice versa.

Hear more about the Law Court’s decision in Anderson v. Banks from the ADR profes­sional directly involved with the case, and learn about the case’s potential significance for your legal and/or ADR practice and clients.

Receive a legal briefing on related case law from Maine and across the country.

Acquire skills to inform and effectively counsel your clients about the benefits and risks of having a neutral or fact-finder shift roles before, during or after an ADR process.

Understand how to anticipate, identify and handle ethical dilemmas that may arise for the neutral, the fact finder and legal counsel when a neutral or fact- finder changes.

Who should attend?

  • MSBA ADR Section members
  • Members of MAM & CADRES Mediators
  • Litigators, Mediators & Arbitrators
  • Transaction, Commercial Real Estate & Construction Attorneys
  • Members of the Judiciary & Hearing Officers

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