Track 4 Corporate/Business ADR A4: ADR in Health Law:  A Primer on the Parties; Issues; Relationships; and ADR Perspectives This panel of healthcare attorneys, clients and neutrals will explore the myriad relationships among healthcare sectors. It will examine the repetitive potential conflicts that arise in those relationships and explore potential dispute resolution applications in healthcare delivery systems. June Lehrman JAMS, Los Angeles, CA Kenneth N. Smersfelt Reed Smith , Los Angeles, CA Glenn Solomon Hooper, Lundy & Bookman, Los Angeles, CA B4: The Machiavellian Intellectual Property Mediator Intellectual property litigators and mediators will discuss negotiation tactics and strategies as well as practical tips that are particular to settling the IP case. Christine Byrd Irell & Manella, Los Angeles, CA Victoria Pynchon Judicate West, Beverly Hills, CA John Leo Wagner Judicate West, San Juan Capistrano, CA C4: When Communities and Corporations Clash, a Case Study: How to Make Peace When a Town Is Up-in-Arms This session will cover ADR options where communities and corporations are in conflict, including how to craft solutions to real or feared injury to the community and its individual members. Learn how to mediate such controversies, from early hysteria through resolution and enforcement. Lisa B. Goodman Young Conaway Stargatt & Taylor, LLP, Wilmington, DE Ross. F. Schmucki Corporate Counsel, E.I. du Pont de Nemours & Company, Swarthmore, PA C9: Hobbling Through the Three-Legged World of Insurance Mediation: How to Get More Third-Party Liability Cases Settled Presenters will navigate the world of third-party liability insurance and give valuable tips on how to help mediators solve the problems presented in third-party liability mediations. Thomas M. Jones Cozen O’Connor, Seattle, WA Jeff Kichaven JAMS, Los Angeles, CA Jonathan Roth ACE-USA, Philadelphia, PA Michael Wrenn Heller Ehrman LLP, Seattle, WA D4: Multi-generational Conflict in the Health Care Workforce: ADR Professionals as a Potential Health Care Organization Resource In this session, the presenters will explore how ADR professionals are valuable organizational resources for health care organizations with hierarchical structures, conflict among generations in the workforce, and a culture of conflict avoidance. Debra Gerardi Werner Institute, CreightonUniversity, Half Moon Bay, CA Phyllis Beck Kritek Consultant and Trainer, Half Moon Bay, CA and Adjunct Faculty, Werner Inst. for Neg. and DR, Creighton University School of Law, Omaha, NE E2: A 360 View of Employment Mediations - What Does Everyone Expect? The presenters will create a dialogue between mediators and advocates (presenters and in the audience) in order to explore preferred and disfavored practices, to assist in improving preparation for each mediation stage, and to increase awareness of the differing and changing roles of each party during the mediation. Elizabeth Ford Seattle University School of Law, Seattle, WA Martin Goldfinkel Schroeter, Goldmark and Bender, Seattle, WA Nancy Maisano Maisano Mediation, LLC,, Seattle, WA Susan Mask Washington Mutual, Seattle, WA F10: Emerging Trends in ADR for California Construction Litigation The Jeld Wen decision limited the powers of a mediator/special master in handling complex cases. The presenters will discuss their strategies for sucessfully litigating and resolving construction defect and other complex cases in this new world. Katherine Gallo Discovery Referee, Foster City, CA Jill Lifter Ryan & Lifter, Danville, CA Gordon McClintock Special Master and Mediator, Redwood City, CA G2: Unique Aspects of Construction Arbitration: Block by Block In this skills-building session presenters will discuss aspects of construction arbitration including conflict disclosures, clauses that don't work, site visits, and effective management of large volumes of documents. Dennis A. Estis Greenbaum, Rowe, Smith & Davis, LLP, Woodbridge, NJ Donald W. Gregory Kegler, Brown, Hill & Ritter, Columbus, OH Carl F. Ingwalson Phillips, Haskett & Ingwalson, a PC, San Diego, CA Judith Ittig Ittig & Ittig, PC, Washington, DC James R. Madison Sole Proprietor, Menlo Park, CA G4: Breakthroughs, Benefits, and Backfires of Apology in Litigation This session, while speaking specifically to medical mistake litigation, examines the underlying benefits to all parties from transparency and relational repair through apology. It details how to apologize effectively, and how "bad" apologies work to make things worse. Karen S. Fasler Private Practice, Rochester, WA Debra Gerardi Werner Institute, Creighton University, Half Moon Bay, CA Dale Hetzler Children's Healthcare of Atlanta, Atlanta, GA Darrell L. Puls Peacebridge, Inc., Kennewick, WA G8: What is Settlement Counsel and Why Should I Care? This session will explore a developing specialized skills set -- Settlement (or Negotiation) Counsel. What does a Settlement Counsel do, how does one become a Settlement Counsel, when should parties use Settlement Counsel, and how does the presence of Settlement Counsel impact the mediator and mediation? Eric Galton Lakeside Mediation Center, Austin, TX Joan Stearns Johnsen Mediator/Arbitrator, Newton, MA James E. McGuire JAMS, Boston, MA Thomas R. Woodrow Holland & Knight LLP, Chicago, IL Robert E. Lee Wright Miller Canfield, Grand Rapids, MI H3: Integrating Conflict Resolution Systems in Corporate America The presenters will discuss the trend in major companies throughout the country to integrate conflict resolution systems as well as the experience of some of the companies which have adopted such ADR Systems. Phillip M. Armstrong Georgia Pacific, Atlanta, GA David B. Lipsky ILR School at Cornell University, Ithaca, NY Gerald F. Phillips Phillips, Lerner, Lauzon & Jamra, Los Angeles, CA Mary Walker Department of the Air Force, Washington, DC I1: The Special Challenges of Trade Secrets in ADR The presenters will discuss the various issues present in a dispute resolution process when trade secrets are involved, address the current debate whether trade secret cases should be in ADR, and talk about what special precautions need to be taken. George Finkle Judicial Dispute Resolution, Seattle, WA Karineh Khachatourian Buchanan Ingersoll & Rooney, LLP, Redwood Shores, CA Susan H. Nycum Technology Disputes Resolution Services, Inc, Portola Valley, CA David J. Wolsohn Woodcock Washburn LLP, Philadelphia, PA I6: Dispute Resolution Tools to Address Conflict Between "High Stakes" Employees This session will focus not only on supervisory best practices to prevent disputes (and litigation), but also on the dispute resolution tools available to effectively address and resolve such disputes. Moira J. Kelly Marquette University Graduate Program in Dispute Resolution, Milwaukee, WI Kathleen A. Rinehart Whyte Hirschboeck Dudek, S.C., Milwaukee, WI Eva M. Soeka Marquette University Graduate Program in Dispute Resolution, Milwaukee, WI Christine Harris Taylor Marquette University Graduate Program in Dispute Resolution, Milwaukee, WI