Best Practices for Counsel: Mediating and Arbitrating The Complex Commercial Case

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Session ID: 16PRW040

Registration Status: Open

Registration for this program closes on

Registration Fee
Price (USD)
General $80.00
AAA Panelist $70.00

Online Course

Recorded Webinar

  • Date

    Always Available
  • Duration

    Self Paced
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Faculty and Summary

Reginald Holmes
Reginald A.Holmes

The Holmes Law Firm
Pasadena, CA

Merriann Panarella
Merriann M.Panarella

Arbitrator, Mediator, Consultant
Natick, MA

60 Minutes

Large complex commercial disputes often involve multiple parties and contracts, intensive and complicated factual scenarios, and high financial stakes (usually in excess of seven figures). When resolved in traditional domestic trial courts, the resolution of these disputes can be lengthy, unsatisfying, expensive, and very public. Fortunately, parties to large complex commercial disputes have many alternative resolution options that may permit them to privately and efficiently resolve even the most complex dispute in a cost effective manner. This webinar will provide you with the skills, techniques and information essential to more effectively advocate and advance your clients' business goals when handling complex disputes and provide you with an overview of foundational issues.

This recorded webinar consists of two modules, one focusing on mediation and the other focusing on arbitration, and includes discussion of the following questions:

  • What is the role of counsel?
  • What are the characteristics of a well-drafted dispute resolution clause?
  • What issues arise as a result of third-party funding?
  • What factors should you consider when selecting a neutral?
  • When and how to challenge an arbitrator's appointment?
  • What are the most effective techniques needed to prepare for a successful mediation session or arbitration hearing?
  • How can electronic discovery be most efficiently conducted?
  • What are the best practices to achieve a successful outcome for the mediation session?
  • What are the most effective methods to optimally present your case at the arbitration hearing?
  • When do arbitrators 'exceed their powers'?
  • What are the characteristics of a well-structured arbitration award?
  • How to effectively participate in the post-arbitration briefing process?
  • What are the available remedies to enforce a mediated settlement agreement?
  • How to successfully confirm or challenge an arbitration award?

ADR can be and often is the chosen process for the resolution of complex disputes involving corporate parties. Mediation and arbitration are now well-known and often utilized processes offering numerous benefits. Mediation provides a private setting to work on a party-driven, non-dictated, mutually agreed business resolution facilitated by a skillful neutral. Arbitration can provide a cost-effective, fair, and efficient process in an informal, private setting tailored by the parties to meet their needs and schedules instead of a proceeding in the mandatory, formal and public realm of the civil court system.

What others are saying about this presentation...

These programs provide a good checklist for ADR neutral practitioners.

Great practical course for attorneys preparing for mediation or arbitration and for arbitrators who want to remind themselves of best practices.

AAA does a great job of developing the capabilities of the ADR community. Everyone involved in ADR should take greater advantage of this resource.

Very good overview of ADR process and its advantages in dispute resolution.

Informative presentation.  Highlighted the role of the advocate in mediation and arbitration as contrasted with litigation.  Very helpful.

WHO WOULD BENEFIT FROM THIS PRESENTATION:  Arbitrators, advocates, academics, and anyone interested in the dynamics of arbitration.

^ A link to this recorded webinar's supplemental material appears above at left.  You may download the materials once you have registered for the recording.

This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement.

Launching the Course After Registration

If you purchase this recorded webinar you will receive a confirmation email containing a link to the course.  You will click the course link in that email or copy and paste the link into your browser to launch the course.  


CLE Information:

CLE is currently not offered on AAA recorded webinars.  Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator.  A Certificate of Attendance will be provided upon request.


Please contact AAA Education Services at or 212-716-3977.