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Everyone's a Winner with Alternative Dispute Resolution

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Everyone's a Winner with Alternative Dispute Resolution THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION July/August 2013 www.nassaubar.org Vol. 62, No. 11 Follow us on facebook Everyone’s a Winner with OF NOTE NCBA Member Benefit – I.D. Card Photo Alternative Dispute Resolution gaining adherents all across the country. Obtain your photo for court identification NCBA Revitalizes Arbitration Recognizing this trend, the Nassau County cards at NCBA Tech Center. Cost $10. Bar Association has given new life to its Aug. 7, 8 & 9 • Sept. 10, 11 & 12 and Mediation Tribunals Alternative Dispute Resolution (ADR) 9 a.m. – 4 p.m. By Valerie Zurblis Tribunals. For the past three years, the Alternative The current backlog in the courts often Dispute Resolution Committee, chaired by EVENTS causes litigants to wait years before obtain - Marilyn Genoa, thoroughly reviewed and WE CARE Stephen W. Schlissel Golf ing a final resolution, at which point the updated the NCBA’s existing alternative and Tennis Classic costs of litigation may exceed the amount dispute resolution program. The result in controversy, the relief may no longer be is the revitalization of the NCBA ADR Monday, August 5, 2013 needed, or the case may have lost its value. Tribunals, which enables parties and their WE CARE Ducks Game And, with litigation, the only certainty is counsel to opt to resolve their legal disputes that one side will be the “winner” and one out-of-court. Sunday, September 8, 2013 side will be the “loser.” So, it is not surpris - There are two ADR Tribunal panels, one See page 16 for details ing that alternative dispute resolution is for mediation and another for arbitration, SAVE THE DATE! consisting of skilled and qualified attorneys Domus on the Lawn See insert for more ADR information who are NCBA members, who have been admitted to the New York Bar for at least Thursday, September 12, 2013 Alternative Dispute Resolution Committee Chair 5:30-7:30 p.m. Elizabeth Donlon (left) and immediate past chair Marilyn Genoa. (Photo by Valerie Zurblis) See back page Blood Drive Breaks Record 10 years, and who have been screened by NCBA DOMUS OPEN RESCHEDULED! the NCBA Judiciary Committee. NCBA Michael A. Markowitz, Esq. donated blood at the Don’t Miss Out – Space still available ADR Tribunal mediators must have ful - NCBA’s Annual Blood Drive in June, sponsored by the filled at least 40 hours of OCA-approved Golf and/or BBQ Community Relations and Public Education Committee. Rescheduled for Monday, Sept.16, 2013 mediation training. NCBA ADR Tribunal Chaired by Louis Imbroto, this blood drive was the most arbitrators, who have demonstrated arbi - Eisenhower “The Red” Course successful to date. Forty-seven traditional pints of blood 12:00 p.m. Registration tration experience, include several former and 12 ALYX pints were collected, for a record-breaking Nassau County judges. According to 59. Of the blood components that are transfused most Genoa, “Our goal was to provide what SAVE THE DATE! (red blood cells, platelets and plasma), red blood cells are we knew was an extremely important serv - Judiciary Night in the greatest demand. The ALYX Component Collection ice for our members and for the public. Thursday, October 17, 2013 System uses automated technology to safely collect dou - 5:30 p.m. at Domus ble the amount of red blood cells versus regular whole NCBA members now have the ability to See back page blood. More than 150 patients in need will benefit from apply to be arbitrators and mediators for the generosity of the individuals who took the time out of our ADR tribunals and, once approved, will their busy day to donate. (Photo by Hector Herrera) be members of possibly the only alternative WHAT ’S INSIDE See ADR, Page 2 FOCUS: COMMERCIAL LAW Expand Your Client Services with LanguageLine Eastern District Clarifies No “Strip Off” of Wholly Unsecured SEE INSERT FOR MORE DETAILS Junior Mortgage Liens Page 3 NCBA Members Receive 64% Discount! Court of Appeals Breathes New Nassau County Bar Association members can better communi - Life Into “Separate Entity Rule” Page 3 cate with limited English-speaking clients through LanguageLine Personal Interpreter Service, an over-the-phone interpretation serv - Eastern District Roundup Page 5 ice, AND save 64% of the cost! LanguageLine allows members to conference call with clients Protecting Assets in Bankruptcy Page 7 and a live interpreter over the phone. In your client’s preferred language, you can schedule appointments, provide legal advice, NY Claims for Contribution by explain legal options, and offer recommendations. More than 200 Bankruptcy Trustees Page 9 languages are available. immediately connected to the appropriate interpreter. By signing up through NCBA, there is no cost or obligation to The discounted per minute charge for NCBA members of $1.40 Section 363(f) Sales May Not set up an account online, no sign-up fee and no monthly minimum per minute begins when the interpreter joins the call and ends Be So Free and Clear After All Page 9 usage charges. Members are charged only when they use the serv - when you hang up. The per minute charges include complementa - ice. To sign up, go to www.nassaubar.org, sign in as a member, and ry domestic or international third party calls placed by go to the LanguageLine tab. LanguageLine for you, to anywhere in the world. It’s as Easy as Uno-Dos-Tres Charges are billed to your credit card daily and kept securely. To use LanguageLine, dial the Personal Interpreter access Once you receive your PIN, you can use it over and over again, number, enter your 8-digit PIN, and state the name of the lan - without having to re-register. You can sign up in a few minutes, guage you need right into the phone. It will be recognized by the receive your access number and PIN, and begin using the service LanguageLine speech recognition/response system and you will be immediately. – Valerie Zurblis UPCOMING PUBLICATIONS COMMITTEE MEETINGS Thurs., August 8, 2013 l Thurs., September 12, 2013 – 12:45 at Domus The Lawyer Assistance Program provides confidential help to lawyers and judges for alcoholism, drug abuse and mental health problems. Call 1-888-408-6222. Calls are completely confidential. 2 n July/August 2013 n Nassau Lawyer the parties is not always about the counsel gets to choose who the neutral arbitration can be provided for as the ADR ... enforcement or validation of statutory will be. In mediation, the mediator’s means of resolving a potential prob - Continued From Page 1 or contractual rights. And how many role is to assist the parties in reaching lem. According to past ADR Com - times have we heard: “It’s not about a binding agreement in resolution of mittee Chair Eugene Ginsberg, “For dispute resolution panels whose mem - the money. It’s the principle of the their dispute. An arbitrator, on the transactional lawyers, consider draft - bers are screened by a judiciary com - thing”? Despite the strength of our other hand, hears evidence and receives ing provisions in your agreements that mittee. Our Association has agreed to facts or legal precedent and regardless testimony, much like a judge, and call for the resolution of a dispute an hourly fee of $300 for mediators of whether we are “super lawyers” or makes a decision that binds the parties. through the NCBA ADR Tribunals.” and arbitrators in order to provide not, none of us can guarantee a result Typically, arbitration is provided for by Attorneys interested in learning affordable ADR services to the com - in litigation. The only safe bet is that – contract. more about the rules governing the munity at large.” irrespective of the nature of the cause It’s important to note that the alter - NCBA ADR Tribunals or to apply to Alternative dispute resolution is a of action, the parties’ legal positions native dispute resolution process need become members of the panels of private process, as contrasted with the and/or their motivations – after a trial not wait until after a legal dispute mediators and/or arbitrators, can find public process afforded by a court, and (or an appeal), one side will be suc - actually arises or until after a case is more information on the NCBA web - may be used for any case that can be cessful and the other, at best, will be in the throes of litigation. Mediation or site, nassaubar.org. decided by a court. The types of mat - disappointed. ters may involve breaches of contract, Mediation is simply a method of labor and employment disputes, trusts resolving a dispute with a neutral and estates matters, landlord-tenant, facilitator whose only aim is to assist intellectual property, product liability, in achieving a negotiated settlement. Scholarship Honors medical malpractice, personal injury, Current ADR Committee Chair and domestic relations, but the list is Elizabeth Donlon put it this way: not all-inclusive. “With a mediated result, everyone is a Late Supreme Court Justice The NCBA ADR Tribunal program winner and no one is a loser. The par - is available to the public, as well as to ties are empowered, because they The Elder Law Section attorneys. On receipt of a request for have the opportunity to have their say Scholar ship, administered by arbitration or mediation and payment and to structure a deal that they can The New York Bar Foundation, of a one-time administrative fee of live with, including creative solutions has been renamed to honor the $500 to the NCBA, the ADR Tribunals not available elsewhere. For the late State Supreme Court Administrator Demi Tsiopelas will lawyers, well, what better source of Justice Joel K. Asarch.
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