2021 AAA Construction Conference Series: Ethical Issues Arising in Multi-Party Disputes

This presentation addresses the myriad of ethical issues that arise in multi-party mediations and arbitrations. Specifically, the panelists for the presentation consider potential mediator and arbitrator conflicts that may arise during the course of the process, what rules apply, and how to avoid these pitfalls. They also discuss the ethical ESI discovery issues that often arise in arbitrations and potential tools (such as ESI Orders including claw-back agreements) that arbitrators should consider implementing at the preliminary hearing stage, along with ethical issues that must be considered by all parties and the arbitrators relating to litigation holds. 

Faculty: 

Todd Bressler, Chief Legal Officer, BERNARDS; Los Angeles, CA.

Shelly L. Ewald, Watt, Tieder, Hoffar & Fitzgerald L.L.P.; McLean, VA.

Karen P. Layng, President, M.A.I.T. Co; Chicago, IL.

Thomas H. Welby, Welby, Brady & Greenblatt, LLP; White Plains, NY.

Moderator: Michael R. Powell, Vice President, Construction Division, American Arbitration Association.

The AAA does not offer CLE in any jurisdiction for our online programs, but you may be able to use a copy of the certificate available at the conclusion of the course to submit for CLE credit on your own (we recommend that you confirm availability of CLE in your jurisdiction for this type of course).