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May 2018

Submitted by: Kay Gaffney Crowe

 

The ADR section is preparing for Hawaii.    The news from the big island has been scaring and these are being watched very closely.    We will have an excellent program where we will combine with Extra-Contractual and the topic will be: “Can You Keep A Secret?  Current Trends in the Use of Confidential Mediation/Settlement Agreements or Formal Protective Orders for Preventing Disclosure.     This is going to be a very practical session and we have our former President and mediator extraordinaire, Mills Gallivan joining our panel to offer his insights.   

 

I am in the process of scheduling our section telephone conference.  Please email me if you want any topic added to the agenda, have someone to propose as a new member, want to be more active in the section or have a future potential topic for a section meeting. 

 

This month’s Rule of Civility in the words of George Washington is:

 

7th - Put not off your Cloths in the presence of Others, nor go out your Chamber half Drest.

 

Come join us in Hawaii.  We will be on island time and likely violate this rule of civility as we celebrate the joys of the Pacific Ocean.  

 


 

April 2018

Submitted by: Kay Gaffney Crowe

 

The ADR section combined with Corporate Counsel and Commercial Litigation to present a well-attended, informative and practical program on Mediation and Alternative Dispute Resolution Tips and Techniques for In-House Counsel and Litigation Counsel. This is a link to the paper which will give you the flavor of what you missed:

 

 https://c.ymcdn.com/sites/thefederation.site-ym.com/resource/resmgr/Events/2018/Winter_Amelia/AMELIA_CLE_HANDOUTS/ADR_Paper(113346031_1).pdf

 

A huge shout out to Mark Brancato, who worked very hard to shape the program but had to miss Amelia at the last minute and to those who were our panelists, David Nicholas, Rachel Reynolds, Eric Schneider, Kendra Jones, and Olga M. Viera.  

 

We are planning a equally good program for Hawaii and please make your summer plans to attend. Please let me know if you have an interest in being on a program or writing for our newsletter or for the FDCC blog. In Hawaii, we will combine with Extra-Contractual and the topic will be: “Can You Keep A Secret?  Current Trends in the Use of Confidential Mediation/Settlement Agreements or Formal Protective Orders for Preventing Disclosure”. It is however no secret and please share it with everyone- this is going to be a fantastic meeting. A beautiful setting, great friends and as always the content you need in your practices.  

 

One of our President Scott Kraemer’s focuses is this year is on civility. This month’s Rule of Civility in the words of George Washington is:

 

35th  Let you Discourse with Men of Business be Short and Comprehensive

 

Come join us in Hawaii. Our discourse will be short, and comprehensive and informative. Find the joy that the beauty of the earth gives to all who will receive it.

 


 

February 2018

Submitted by: Kay Gaffney Crowe

 

Amelia Island is right around the corner. There are no promises about the weather but it is 72 degrees in Columbia SC today.  We have an excellent section program planned which will be held on Monday February 26 at 7:45 in Magnolia B.   We have combined with Corporate Counsel, and Commercial Litigation for a program which is entitled Mediation and Alternative Dispute Resolution  Tips and Techniques for In-House Counsel and Litigation Counsel.   Grab and Go breakfast will be available and come from your morning run, with your breakfast but come, and learn practical tips from an excellent panel.  

 

We had a section phone call and several members volunteered.  Thank you. If you are going to to Hawaii and have any interest in the issues surrounding confidentiality of the mediation/ arbitration process or the results please email me. We have deadlines upon us for finalizing this program.

 

One of our President Scott Kraemers focuses is this year is on civility.    This months Rule of Civility in the words of George Washington is:

 

"(6th) Sleep not when others Speak, Sit not when others stand, Speak not when you should hold your Peace, walk no on when others Stop."

 

Pay close attention to the first part of this and join on Monday, February 26 at Amelia Island for the ADR, Corporate Counsel and Commercial Litigation Section Meeting. See you in Amelia Island.   

 


 

 

January 2018

Submitted by: Kay Gaffney Crowe

Remember to make your hotel and convention reservations for Amelia Island. Accu-weather predicts day time highs in the upper 60s to low 70s.  For those of you experiencing or recovering from the bomb cyclone just thinking about that kind of weather has to help. The program is going to be even better than the weather at Amelia Island. The storm left Charleston, SC with inches of unexpected snow and there are some great funny videos of folks sledding using pool floats.

 

I am going to have a section phone call in anticipation of Amelia Island on February 5, 2018 at 11 a.m. EST.  I will send out an email blast with call in information. My quest for volunteers continues.  Please contact Kay Gaffney Crowe at kay@basjlaw.com. I can find a way to involve you doing what you most enjoy about the ADR practice. If you have a funny or insightful moment with an ADR connection please consider submitting it to me for the newsletter.  

 

One of our President Scott Kraemer’s focuses this year is on civility. This month’s Rule of Civility, in the words of George Washington, is:

"(56th) Associate yourself with Men of good Quality if you Esteem your own Reputation; for 'tis better to be alone than in bad Company."

           
We need to ask ourselves if we are surrounding ourselves with people who make us better. For those of us in the FDCC, I think we all can say we are indeed better for the education, and fellowship that active membership in this group brings. These are the men and women of most excellent quality. Come be more active. See you in Amelia Island.





 


December 2017

Submitted by: Kay Gaffney Crowe

 

The paper is written and submitted the speakers are confirmed and the ADR section waiting in anticipation, not for reindeer paws but for the upcoming meeting at Amelia Island.    We will join the Corporate Counsel section and the Business Litigation section on February 26, 2018 at 7:45 at lovely Amelia Island for a focused presentation and discussion on the role of in-house counsel and outside counsel at mediation.    

 

I am going to have a section phone call in anticipation of Amelia Island so please make sure my email is whitelisted by your IT folks so that you can be part of this phone gathering.

 

The section is looking for volunteers who would like to become more active in the section.    There are opportunities to blog, to write short articles and even to write an Insight article.  Please contact Kay Gaffney Crowe at kay@basjlaw.com.    I can find a way to involve you doing what you most enjoy about the ADR practice.   If you have a funny or insightful moment with an ADR connection please consider submitting it to me for the newsletter.  

 

One of our President Scott Kraemer’s focuses is this year is on civility.    This month’s Rule of Civility in the words of George Washington is:

 

Labour to keep alive in your Breast that Little Spark of Ce[les]tial fire Called Conscience.

 

As we prepare for mediation it is important for us to remember that our words and deeds are reflection of who we are.

 

 

 


 

 

November 2017

Submitted by: Kay Gaffney Crowe

 

The ADR section is busy preparing for the upcoming meeting at Amelia Island.   We will join the Corporate Counsel section and the Business Litigation section on February 26, 2018 at 7:45 at lovely Amelia Island for a blue ribbon panel to have a focused presentation and discussion on the role of in-house counsel and outside counsel at mediation.     The panel will be moderated by Olga M. Vieira of Carlton Fields.    

 

The section is looking for volunteers who would like to become more active in the section.    There are opportunities to blog, to write short articles and even to write an Insight article.  Please contact Kay Gaffney Crowe at kay@basjlaw.com.    I can find a way to involve you doing what you most enjoy about the ADR practice.

 

One of our President, Scott Kraemer's, focuses this year is on civility.    This month’s Rule of Civility in the words of George Washington is:

 

  "Speak not in an unknown Tongue in Company but in your own Language and that as those of Quality do and not as the Vulgar; Sublime matters treat Seriously."  

 

As we prepare for mediation it is important for us to remember that we are in many cases having our only opportunity to speak directly to the plaintiffs.   More cases are settled at mediation by convincing the parties than by convincing the attorneys.   Direct, serious, issue focused speech is an important mediation skill.  

 

 

 

AUGUST 2017

 

The ADR section held a stand alone section meeting at the FDCC Annual Meeting in Montreux.  The presenters were Sonja Bjorkquist of Osler, Hoskins, and Harcourt, LLP, Toronto, David Roney of Sidley Austin LLP, Geneva, and Mary Lopatto of Williams and Lopatto, DC.
  

The topic was Ethical Issues and Practical Strategies: Lessons Learned from International Arbitration.

 

 The speakers discussed the threshold issues of determining which rules of professional conduct apply to the particular international arbitration preceding.  There is no single super national authority to oversee counsel conduct in international arbitration.  At least three jurisdictional codes of ethics are in play: the jurisdiction where counsel are licensed, the jurisdictional seat of the arbitration and the specific procedural rules governing the arbitration.

 

Beyond the codes of ethics there are also different legal traditions which affect multiple area including disclosures experts and witness preparation.

 

Critical to success is a strategic approach to structuring the procedure in international arbitration.  It is important to remember that two fundamental principles govern international arbitration: party autonomy and procedural flexibility.

 

A detailed and practical discussion of the critical issue of choosing the right arbitrators was held.  It is critical to know the arbitrators profile and to know our case to make the best possible decision.

 

In the area of arbitrations with foreign reinsurers, excess carriers or policy holders the role of ARIA-US was discussed.  In these matters the applicable procedural law is a critical issue.

 

The take away is that international arbitration procedures require specialized knowledge and expertise and are full of danger and risk for the unaware and unprepared.

 

 

 

APRIL 2017

 

The Charleston FDCC meeting was a huge success. Live juror deliberations and another unique venue made the meeting memorable! 

 

Our focus this year is on sustaining our members. It’s our extreme vetting which sets us apart from other organizations. The goal is to corporate members and to have 1200 lawyer members by 2018, up from the current 1041. Of our new members, 33% are women or diverse. Please help our section with 2 nominees this year. 

 

The organization has been in transition. The new Executive Director and management team are working hard and the transition to the new group appears to be going well.  

 

There are exciting meetings on the horizon. Summer 2017 in Switzerland looks to be fabulous. Montreux is in a micro climate and we will gather on Tuesday for a fellowship day with three options for excursions which include glaciers, suspension bridges and toboggan rides. For the President’s Reception we will have the entire village of Gruyere. The Winter 2018 Meeting is at  Amelia Island, Florida. Summer 2018 is in Hawaii. The focus will be on the Whole Lawyer, Health and Happiness and the science of listening.  

 

Finally, please share your successes with your fellow members. It’s hard to brag on ourselves, but it’s easy to brag on each other. I’ve been truly impressed with each member I’ve asked to help my client. Skilled, knowledgeable and with good judgment. Help us get to know you and your practice. 

 

FDCC Annual Meeting July 25-29, 2017
Our Annual Meeting in Montreaux, Switzerland is coming soon at the Fairmont Le Montreaux.  To make reservations, you may contact a reservation agent 24 hours a day toll free at 888-590-0005 or the hotel directly at +41-21-962-1212 or on the web at http://www.fairmont.com/montreaux/.  Be sure to mention the Federation of Defense and Corporate Counsel to receive the group rate. Our section meeting will be Wednesday morning, July 26, 2017. 

Upcoming Meetings:

June 4-8, 2017: Litigation Management College and LMC Graduate Program, Atlanta, Georgia, Emory Conference Center Hotel

June 12-13, 2017: Deposition Boot Camp, Chicago, Illinois, Hinshaw & Culbertson LLP Emory

July 23-29, 2017: Annual Meeting, Switzerland, at Fairmont Montreux

Winter 2018—Amelia Island, FL 


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3/24/2019 » 3/28/2019
2019 FDCC Winter Meeting - Austin, Texas

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