The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Contributors:
Chapter 1: Deborah R. Hensler
Deborah R. Hensler is the Judge John W. Ford Professor of Dispute Resolution, Stanford Law School, and Fellow, American Academy of Political and Social Sciences. She received her A.B. from City U. of New York and her Ph.D. from MIT. Ms. Hensler is the author of Suppose It’s Not True: Challenging Mediation Ideology, 2002 JOURNAL OF DISPUTE RESOLUTION 81-99 (2002).
Chapter 2: Larry Engel
Larry Engel is a Partner at White & Case, in San Francisco, Calif. He is a member of the American College of Commercial Finance and the American College of Bankruptcy and is former chair of the ABA Business Law Section. Engel holds a cum laude J.D. from Northwestern University Law School.
Chapter 3: John M. Townsend
John M. Townsend is a Partner in the Washington, D.C., office of Hughes Hubbard & Reed LLP, and chairs the firm’s Arbitration and ADR Group. Townsend earned a cum laude B.A. from Yale University and a J.D. from Yale Law School. He is the author of Revised Code of Ethics for Commercial Arbitrators (with Bruce Meyerson) DISPUTE RESOLUTION JOURNAL (FEB.-APRIL 2004) and Commentary on the July 2003 Revisions to the AAA Commercial Arbitration Rules (with Paul D. Friedland) DISPUTE RESOLUTION JOURNAL (November 2003/January 2004). Jason Dillinger and Gideon Jurgens contributed to this chapter.
Chapter 4: Charles Lee Eisen
Charles Lee Eisen is a Partner and trial lawyer with K&L Gates LLP in their Washington office. He is a member of the National Panel of Arbitrators of the American Arbitration Association and is a Fellow of the American College of Trial Lawyers. Mr. Eisen holds a magna cum laude B.A. from Princeton University and an LL.B. from Yale Law School.
Chapter 5: Thomas J. Stipanowich
Thomas J. Stipanowich is William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University School of Law and Academic Director of the Straus Institute for Dispute Resolution. He is former President & CEO of the International Institute for Conflict Prevention & Resolution (CPR), a former Board member of the AAA (and its first International Visiting Scholar), and a leading scholar, speaker, trainer, Arbirator and Mediator.
Chapter 6: John Wilkinson
John Wilkinson is of counsel at Fulton, Rowe, Hart & Coon in New York City. He has served on the American Arbitration Association’s Large, Complex Case Panel and on its Greater New York Advisory Council for Large Complex Cases. He is the editor co-author of CONOVAN LEISURE ADR PRACTICE BOOK, John Wiley & Sons (1991) and is a member of the Board of Editors of the American Arbitration Association’s ADR Currents.
Chapter 7: Steven C. Bennett
Steven C. Bennett is a Partner in New York City offices of Jones Day, and teaches as an Adjunct at New York Law School. The views expressed are solely those of the author and should not be attributed to the author’s firm or its clients.
Chapter 8: Thomas W. Lyons
Thomas W. Lyons is a Partner with Strauss, Factor, Laing & Lyons, Providence, RI. He holds an A.B. from Colgate University and a J.D. from Case Western Reserve University Law School. He is a member of the executive council of the National Conference of Bar Presidents, a past president of the Rhode Island Bar Association and a past chair of the Defense Reseach Institute’s Commercial Litigation Committee. The chapter is reprinted with permission from The Business Suit, the quarterly newsletter of the Defense Research Institute’s Commercial Litigation Committee.
Chapter 9: Barry H. Garfinkel and James D. Fry
Barry H. Garfinkel is of counsel to Skadden, Arps, Slate, Meagher & Flom LLP and heads the firm’s international arbitration group.
James D. Fry is an Assistant Professor of Law at the University of Hong Kong.
Chapter 10: Charles J. Moxley, Jr.
Charles J. Moxley, Jr. is an experienced litigator, Arbirator and Mediator. He is Of Counsel to Kaplan Fox & Kilsheimer LLP, an Adjunct Professor of Law at Fordham Law School, and the Distinguished ADR Practitioner in Residence at Benjamin N. Cardozo School of Law. He has been a member of arbitration panels of the American Arbitration Association for over 30 years and has presided over more than 200 arbitrations and mediations. A Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators, Mr. Moxley is Chair Elect of the Dispute Resolution Section of the New York State Bar Association and Co-Chair of the Legislation Committee of the Section.
Chapter 11: Steven C. Bennett
Steven C. Bennett is a Partner in the New York City office of Jones Day where he is chair of the firm’s E-Discovery Committee. Bennett earned a summa cum laude B.A. from Macalester College and a cum laude J.D. from New York University. He is the author of Arbitration: Essential Concepts (ALM 2002). He writes a continuing column, “Arbitration” with Professor Samuel Estreicher, which has appeared in the NEW YORK LAW JOURNAL since 2004. The views expressed are solely those of the author and should not be attributed to the author’s firm or its clients.
Chapter 12: Richard Mittenthal
Richard Mittenthal has been a full-time labor-management Arbirator since 1954. He has worked extensively in the area of postal workers as well as the steel, automotive parts, construction equipment, and beer industries. He was president of the National Academy of Arbitrators in 1997-1998.
Chapter 13: Edward A. Dauer
Edward A. Dauer is Dean Emeritus and Professor Emeritus of Law at the University of Denver. He is an active Arbirator and a student of arbitration with a particular emphasis on health care disputes. Dauer earned an A.B. from Brown University, a cum laude LL.B. from Yale Law School and an MPH form Harvard School of Public Health. His writings include HEALTH CARE DISPUTE RESOLUTION (National Association of Corporate Directors 2003) (with co-authors), Judicial Policing of Consumer Arbitration, 1 PEPPERDINE J. DISP. RES. (2000) and Arbitration Wins; Arbitration Lose, 10 WORLD ARBITRATION & MEDIATION REPORT (1999).
Chapter 14: Francis O. Spalding
Francis O. Spalding is an Arbirator and Mediator in Northern California. He serves on the AAA’s roster of neutrals and on its Large, Complex Case and Commercial Mediation Panels. He is Vice Chair of the Mandatory Fee Arbitration Program Executive Committee of the Bar Association of San Francisco. Spalding holds a B.A. from Yale University and a magna cum laude J.D. from Northwestern University School of Law. He has written widely on ADR and serves as a consultant and expert witness on ADR issues.
Chapter 15: Glen H. Spencer
Glen H. Spencer is vice president of educational outreach with the American Arbitration Association, specializing in training legal and human resource professionals in employment-related disputes.
Chapter 16: Sharon T. Nelson
Sharon T. Nelson is a full-time Arbirator and Mediator and former judge, who is on the mediation/arbitration panels of the American Arbitration Association, the NASD, the IRS, the District of Columbia Superior Court, and the Federal Mediation and Conciliation Service.
Chapter 17: Lee M. Finkel and Robert F. Oberstein
Lee M. Finkel is the associate dean of the College of Graduate Business and Management at the University of Phoenix.
Robert F. Oberstein is the Director of the Labor Management Relations Program at Ottawa University, Phoenix. Both authors reside in Arizona and serve on the American Arbitration Association’s roster of neutrals.
Chapter 18: Bruce Meyerson and John M. Townsend
Bruce Meyerson, a Mediator and Arbirator in Phoenix, Ariz., is a former judge of the Arizona Court of Appeals and a past chair of the ABA Section of Dispute Resolution. He participated as a member of the ABA delegation on the 2004 revision of the 1977 AAA-ABA Code of Ethics. He is an Adjunct Professor at the Arizona State University College of Law where he teaches ADR courses, including the course on Arbitration.
John M. Townsend is a Washington, D.C., Partner of Hughes Hubbard & Reed LLP, where he chairs the Arbitration and ADR Group. He is currently the Chairman of the AAA’s Board of Directors. He served as a member of the AAA delegation during the 2004 revision of the 1997 ABA-AAA Code of Ethics.
Chapter 19: Raoul Drapeau
Raoul Drapeau has 25 years experience as an Arbirator and over 40 years experience in high technology and business, where he heads a technology innovation firm. He is also a member of the American Arbitration Association’s panel of arbitrators. He supplies a valuable perspective on the special problems that can arise between attorneys and non-attorney arbitrators. Drapeau holds electrical engineering degrees from Cornell University and Rensselaer Polytechnic University.
Chapter 20: Richard M. Mosk
Richard M. Mosk is an Associate Justice for the California Court of Appeal, Second Appellate District, Division 5, and was formerly judge on the Iran-U.S. Claims Tribunal. He earned an A.B. from Stanford University “With Great Distinction” and a cum laude J.D. from Harvard Law School.
Chapter 21: Steven J. Stein
Steven J. Stein is counsel to the Geneva law firm of Budin & Partners. He serves on the American Arbitration Association’s roster of neutrals for commercial and international cases. He has served on ICC tribunals and as counsel to parties in arbitrated matters for more than 25 years. Stein holds a B.S. from Cornell University and an LL.B. from New York University School of Law. He is the author of Enforcing Foreign Arbitral Awards, INTERNATIONAL ARBITRATION CONFERENCE, Cairo, Egypt (March 1995) and The Drafting of Effective Choice of Law Clauses, JOURNAL OF INTERNATIONAL ARBITRATION (September 1991).
Chapter 22: John Wilkinson
John Wilkinson is of counsel at Fulton, Rowe, Hart & Coon in New York City. He has served on the American Arbitration Association’s Large, Complex Case Panel and on its Greater New York Advisory Council for Large Complex Cases. He is the editor co-author of CONOVAN LEISURE ADR PRACTICE BOOK, John Wiley & Sons (1991) is a member of the Board of Editors of the American Arbitration Association’s ADR Currents.
Chapter 23: Norman M. Fera
Norman M. Fera is a Partner in the national law firm of Lang Michener LLP in Ottawa, Ontario, Canada, and is the editor of the firm’s flagship publication, In Brief. He is also on the roster of court-connected mediators in the Ontario Superior Court of Justice at Ottawa. Fera holds a B.A. (Hons.) and M.A. from Carleton University and an LL.B. from the University of Ottawa. He has written numerous articles on alternative dispute resolution and other legal topics, and is the co-author of three legal textbooks, including The Annotated Ontario and Federal Arbitration Acts.
Chapter 24: Alfred G. Feliu
Alfred G. Feliu is a Partner at Vandenberg & Feliu in New York City. He serves on the American Arbitration Association’s Employment, Commercial, and Class Action Panels. Feliu received a BA and JD from Columbia University. He has authored or co-authored three books and numerous articles and papers on various employment law and alternative dispute resolution topics.
Chapter 25: Alfred G. Feliu
Alfred G. Feliu is a Partner at Vandenberg & Feliu in New York City. He serves on the American Association’s Employment, Commercial, and Class Action Panels. Feliu received a BA and JD from Columbia University. He has authored or co-authored three books and numerous articles and papers on various employment law and alternative dispute resolution topics. This chapter is reprinted with permission of the New York Law Journal NLP IP Company.
Chapter 26: Paul M. Lurie and David A. Howard
Paul M. Lurie is the senior member of the Construction Law Group at Chicago’s Schiff Hardin LLP. He serves on the AAA’s National Construction Dispute Resolution Committee and is a Fellow of the American College of Construction Lawyers. Mr. Lurie earned a B.A. and J.D. from the University of Michigan.
David A. Howard is a Partner in the Construction Law Group at Schiff Hardin LLP. He received his B.A. from the University of Iowa and his J.D., With Honor and Order of the Coif, from DePaul University.
Chapter 27: Donald Francis Donovan
Donald Francis Donovan is a Partner in the firm of Debevoise & Plimpton in New York and teaches international arbitration at New York University School of Law. Donovan holds a B.A. from the University of Virginia and a J.D. from Stanford Law School. He is the author of The Scope and Enforceability of Provisional Measures in International Commercial Arbitration, INTERNATIONAL COMMERCIAL ARBITRATION: CONTEMPORARY QUESTIONS 82-129 (ICCA Congress Series 2003). Mr. Donovan thanks his colleagues Sally Fitzgerald and John Driscoll for their assistance in preparing this chapter.
Chapter 28: Morley R. Gorsky
Morley R. Gorsky is an Arbirator on the Ontario Ministry of Labor list of approved arbitrators, and is a panelist in arbitration seminars conducted by the Law Society of Upper Canada. Gorsky received a B.A. and LL.B. from the University of Manitoba and an LL.M. from New York University. He is the author of EVIDENCE AND PROCEDURE IN CANADIAN LABOUR ARBITRATION, Carswell, (1992), as well as law review articles and government studies.
Chapter 29: John H. Henn
John H. Henn is an Arbirator, and ADR counsel to Foley Hoag LLP, in Boston, where he was a Partner for over 30 years. He serves on the commercial, large complex case, international and national panels of the American Arbitration Association. He also serves as an Arbirator for CRP and FINRA. He has over 40 years of experience in business and commercial litigation and experience as a sole Arbirator and panel chairman.
Chapter 30: Daniel L. Small
Daniel L. Small is a trial Partner in the Boston and Miami offices of Holland & Knight, a former federal prosecutor, and a former Arbirator. Small graduated cum laude from Harvard College and Harvard Law School, and was a Lecturer on Law at Harvard. He is a frequent CLE speaker and media commentator, and is the author of Preparing Witnesses (ABA, Third Edition, 2009), from which this chapter was adapted by permission.
Chapter 31: Norman Brand
Norman Brand is a Mediator and Arbirator in San Francisco. He serves on the AAA’s Large, Complex Case Panel, is a member of the National Academy of Arbitrators, a Fellow of the College of Labor and Employment Lawyers, and a Fellow of the American College of Employee Benefit Counsel. Brand holds a Ph.D. and has written and spoken widely on ADR topics.
Chapter 32: William L. D. Barrett
William L. D. Barrett is of counsel to Butzel Long P.C. in New York City. He is a former member of the Board of Directors and the Executive Committee of the AAA, former Chair of the Greater New York Advisory Council for Large Complex Cases and a member of the AAA’s Large, Complex Case Panel and other panels. He is a Fellow of the College of Commercial Arbitrators.
Chapter 33: Providence, R.I. – August 22, 2003
An Arbirator and Mediator, JOHN E. BULMAN practices construction law and business litigation at Little Medeiros Kinder Bulman & Whitney in Providence, R.I. He serves on the AAA’s Large, Complex Case Panel, and its commercial and construction panels.
An Arbirator and Mediator, JUDITH ITTIG serves on the AAA’s Large, Complex Case Panel and its construction, commercial and international panels. She has been on the AAA’s training faculty since 1996.
CHRISTINE NEWHALL is a senior vice president at the American Arbitration Association.
A commercial Arbirator and Mediator, RICHARD SILBERBERG is a senior Partner at Dorsey & Whitney LLP, where he specializes in international arbitration and litigation and chairs its New York Litigation Department. He serves on the AAA’s Large, Complex Case Panel and its international and commercial panels.
An Arbirator and Mediator, STANLEY SKLAR is a member of Bell, Boyd & Lloyd, LLC, in Chicago. A member of the American College of Real Estate Lawyers, he serves on the AAA’s Large, Complex Case Panel and its construction and international panels. He also serves on the AAA National Construction Dispute Resolution Committee.
An Arbirator and Mediator, JOHN WILKINSON has arbitrated numerous large, complex corporate disputes. He serves on the AAA’s Large, Complex Case Panel and its commercial and international panels. He also serves on the AAA’s Arbitration Practice Committee and the New York Advisory Council for Large, Complex Cases.
An Arbirator and Mediator, CAROL K. YOUNG is an assistant Attorney general for the State of Connecticut in the Construction Litigation Unit. She serves on the AAA’s Large, Complex Case Panel and on its employment and construction panels.
Chapter 34: Alan D. Lash
Alan D. Lash is a founding Partner of the boutique litigation law firm, Lash & Goldberg LLP, which has offices in Miami and Fort Lauderdale, Fla. Mr. Lash practices in the commercial and healthcare litigation fields, and appears extensively in court, arbitration and administrative proceedings in and outside the state of Florida. Mr. Lash also serves as an Arbirator in business and healthcare litigation matters. He is certified by the Florida Bar as a specialist in the area of health law. Mr. Lash is listed in "The Best Lawyers in America," South Florida Legal Guide's "Top Lawyers," and Florida "Super Lawyers." He is a member of the Litigation and Health Law Sections of the American Bar Association, the American Health Lawyers Association, and the Florida Academy of Healthcare Attorneys. Mr. Lash participates in various volunteer organizations and pro bono activities, and is a Fellow of The Florida Bar Foundation.
Chapter 35: Linda Bartlett
Linda Bartlett is an Arbirator, Mediator and Attorney in practice in Los Angeles, California.
Chapter 36: Edward P. Dolido
Edward P. Dolido is a Partner in the New York office of Fulbright & Jaworski L.L.P. Dolido holds a B.S. from the Wharton School of the University of Pennsylvania and a J.D. from Boston University School of Law. His practice encompasses commercial and intellectual property litigation as well as domestic and international arbitration; he is most recently the author of “Will Enforcement of an Arbitration Award in New York Subject the Enforcing Party To Personal Jurisdiction in the State?” 24 MEALEY’S INTERNATIONAL ARBITRATION REPORT 20 (September 2009). This chapter updates an earlier version of this chapter which the author originally presented at a conference on strategies and trends in arbitration and mediation. Jamie Hu, an associate at Fulbright & Jaworski, provided invaluable assistance with this update.
Chapter 37: Georgene M. Vairo
Georgene M. Vairo is a Professor of law and William M. Rains Fellow at Loyola Law School in Los Angeles. She earned a B.A. from Sweet Briar College, a M.Ed. with Distinction from the University of Virginia and a cum laude J.D. from Fordham University. Vairo is a Member of the Board of Editors of MOORE’S FEDERAL PRACTICE and is the author of RULE 11 SANCTIONS: CASE LAW PERSPECTIVES AND PREVENTIVE MEASURES (3D ED. 2003).
Chapter 38: Todd B. Carver
Todd B. Carver is the law vice president and chief legal officer for the Teradata Division of NCR Corp. He has been a senior litigation and business unit counsel for NCR, AT&T and USWEST, where he has been instrumental in developing and implementing dispute avoidance and resolution processes, and has served as an advocate in hundreds of ADR and negotiation settings. Mr. Carver is an Adjunct Professor of law at the University of Dayton School of Law, where he teaches courses on ADR and on negotiation. He is also an Arbirator on the roster of the American Arbitration Association and serves on the AAA’s Large Complex Case Advisory Committee.
Chapter 39: Donald Lee Rome and David M. S. Shaiken
Donald Lee Rome is a commercial Arbirator and Mediator on the American Arbitration Association’s national panel of neutrals. His specialty is business and commercial cases.
David M. S. Shaiken is a commercial Arbirator on the AAA’s national panel. He is also a litigator at David Shaiken LLC in Vernon, Connecticut, and concentrates on bankruptcy, commercial, and regulatory litigation.
Chapter 40: Charles J. Coleman and Gladys Gershenfeld
Charles J. Coleman was Professor Emeritus at the School of Business, Rutgers University in Camden, N.J. He holds a B.S. from St. Joseph’s, an M.S. from Cornell, a Ph.D. and an M.B.A. from SUNY Buffalo. He was a member of the National Academy of Arbitrators.
Gladys Gershenfeld is former Associate Professor of Industrial Relations at Philadelphia University. She is a member of the National Academy of Arbitrators.
Chapter 41: Paul Bennett Marrow
Paul Bennett Marrow is an Arbirator on the commercial panel of the American Arbitration Association, FINRA and is a Fellow of The Charter Institute of Arbitrators, London, England.
Chapter 42: Harvey W. Berman
Harvey W. Berman, Bodman, LLP.
Chapter 43: Lorenzo Marinuzzi
Lorenzo Marinuzzi is a graduate of the Fordham University School of Law and is Partner at the law firm of Morrison & Foerster LLP in New York City.
Chapter 44: John Wilkinson
John Wilkinson serves on the American Arbitration Association’s Large, Complex Case Panel and on its Greater New York Advisory Council for Large, Complex Cases. In addition, he serves on the editorial board of this newsletter.
Chapter 45: David J. Hickton and Kelly B. Bakayza
David J. Hickton is a founding Partner of Burns, White & Hickton LLC in Pittsburgh, specializing in civil and commercial law. He holds a B.A. from Pennsylvania State University and a J.D. from University of Pittsburgh School of Law.
Kelly B. Bakayza is the Attorney/Advisor at the Office of the Solicitor for the U.S. Department of the Interior.
Chapter 46: Steven A. Arbittier
Steven A. Arbittier is Senior Counsel (retired) with Ballard Spahr Andrews & Ingersoll LLP in Philadelphia. Arbittier is chairman of the Procedural Rules Committee of the National Construction Dispute Resolution Committee of the American Arbitration Association. He received a B.A. from the University of Pennsylvania and a J.D. from the University of Pennsylvania School of Law. Since 1982, he has edited the Philadelphia Court of Common Pleas Civil Practice Manual.
Chapter 47: Cary R. Singletary
Cary R. Singletary is a full-time Mediator and Arbirator in Tampa, Florida. He is a member of the Commercial and Employment Arbitration panels of the American Arbitration Association. Singletary received a B.A. from the University of Tampa, an M.A. from Rollins College and a J.D. cum laude from Stetson Universtiy College of Law. Singletary is the author of Voluntary Trial Resolution—A New Dispute Resolution Process in Florida, THE CHECKOFF, VOLUME XXX, NO. 4, July 2000, The Florida Bar.
Chapter 48: Marc J. Goldstein
Marc J. Goldstein concentrates his practices in international arbitration and commercial litigation at Proskauer Rose LLP.
Chapter 49: Terry L. Trantina
Terry L. Trantina is a Partner in Blank Rome Tenzer Greenblatt, in the New York office and is an Adjunct Professor of ADR at Seton Hall University Law School. He also serves as vice chair of the ABA Dispute Resolution Section Arbitration Committee and is also vice chair of the Dispute Resolution Committee of the ABA Business Law Section. He holds a B.A. from Notre Dame and a J.D. from the University of Santa Clara School of Law. Trantina is the author of Consumer Arbitration in the U.S., LONDON COURT OF INTERNATIONAL ARBITRATION (London, March 1999).
Chapter 50: Kenneth M. Curtin
Kenneth M. Curtin is a Partner at Ruden, McCloskey, Smith, Schuster & Russell, P.A. in West Palm Beach, Florida. He specializes in complex commercial and construction litigation in state and federal courts and in arbitration and other ADR proceedings. Curtin received a B.A. magna cum laude from University of South Florida, a J.D. from University of Florida College of Law, and an M.B.A. from Florida Atlantic University. This chapter was originally published in the Ohio State Journal on Dispute Resolution, vol. 15 (2000).
