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November 2017

Submitted by: Kay Gaffney Crowe


The ADR section is busy preparing for the upcoming meeting at Amelia Island.   We will join the Corporate Counsel section and the Business Litigation section on February 26, 2018 at 7:45 at lovely Amelia Island for a blue ribbon panel to have a focused presentation and discussion on the role of in-house counsel and outside counsel at mediation.     The panel will be moderated by Olga M. Vieira of Carlton Fields.    


The section is looking for volunteers who would like to become more active in the section.    There are opportunities to blog, to write short articles and even to write an Insight article.  Please contact Kay Gaffney Crowe at    I can find a way to involve you doing what you most enjoy about the ADR practice.


One of our President, Scott Kraemer's, focuses this year is on civility.    This month’s Rule of Civility in the words of George Washington is:


  "Speak not in an unknown Tongue in Company but in your own Language and that as those of Quality do and not as the Vulgar; Sublime matters treat Seriously."  


As we prepare for mediation it is important for us to remember that we are in many cases having our only opportunity to speak directly to the plaintiffs.   More cases are settled at mediation by convincing the parties than by convincing the attorneys.   Direct, serious, issue focused speech is an important mediation skill.  






The ADR section held a stand alone section meeting at the FDCC Annual Meeting in Montreux.  The presenters were Sonja Bjorkquist of Osler, Hoskins, and Harcourt, LLP, Toronto, David Roney of Sidley Austin LLP, Geneva, and Mary Lopatto of Williams and Lopatto, DC.

The topic was Ethical Issues and Practical Strategies: Lessons Learned from International Arbitration.


 The speakers discussed the threshold issues of determining which rules of professional conduct apply to the particular international arbitration preceding.  There is no single super national authority to oversee counsel conduct in international arbitration.  At least three jurisdictional codes of ethics are in play: the jurisdiction where counsel are licensed, the jurisdictional seat of the arbitration and the specific procedural rules governing the arbitration.


Beyond the codes of ethics there are also different legal traditions which affect multiple area including disclosures experts and witness preparation.


Critical to success is a strategic approach to structuring the procedure in international arbitration.  It is important to remember that two fundamental principles govern international arbitration: party autonomy and procedural flexibility.


A detailed and practical discussion of the critical issue of choosing the right arbitrators was held.  It is critical to know the arbitrators profile and to know our case to make the best possible decision.


In the area of arbitrations with foreign reinsurers, excess carriers or policy holders the role of ARIA-US was discussed.  In these matters the applicable procedural law is a critical issue.


The take away is that international arbitration procedures require specialized knowledge and expertise and are full of danger and risk for the unaware and unprepared.




APRIL 2017


The Charleston FDCC meeting was a huge success. Live juror deliberations and another unique venue made the meeting memorable! 


Our focus this year is on sustaining our members. It’s our extreme vetting which sets us apart from other organizations. The goal is to corporate members and to have 1200 lawyer members by 2018, up from the current 1041. Of our new members, 33% are women or diverse. Please help our section with 2 nominees this year. 


The organization has been in transition. The new Executive Director and management team are working hard and the transition to the new group appears to be going well.  


There are exciting meetings on the horizon. Summer 2017 in Switzerland looks to be fabulous. Montreux is in a micro climate and we will gather on Tuesday for a fellowship day with three options for excursions which include glaciers, suspension bridges and toboggan rides. For the President’s Reception we will have the entire village of Gruyere. The Winter 2018 Meeting is at  Amelia Island, Florida. Summer 2018 is in Hawaii. The focus will be on the Whole Lawyer, Health and Happiness and the science of listening.  


Finally, please share your successes with your fellow members. It’s hard to brag on ourselves, but it’s easy to brag on each other. I’ve been truly impressed with each member I’ve asked to help my client. Skilled, knowledgeable and with good judgment. Help us get to know you and your practice. 


FDCC Annual Meeting July 25-29, 2017
Our Annual Meeting in Montreaux, Switzerland is coming soon at the Fairmont Le Montreaux.  To make reservations, you may contact a reservation agent 24 hours a day toll free at 888-590-0005 or the hotel directly at +41-21-962-1212 or on the web at  Be sure to mention the Federation of Defense and Corporate Counsel to receive the group rate. Our section meeting will be Wednesday morning, July 26, 2017. 

Upcoming Meetings:

June 4-8, 2017: Litigation Management College and LMC Graduate Program, Atlanta, Georgia, Emory Conference Center Hotel

June 12-13, 2017: Deposition Boot Camp, Chicago, Illinois, Hinshaw & Culbertson LLP Emory

July 23-29, 2017: Annual Meeting, Switzerland, at Fairmont Montreux

Winter 2018—Amelia Island, FL 

more Calendar

Webinar - The FDCC, Your Firm and You

Webinar - Succession Planning for In-House Counsel

2/24/2018 » 2/28/2018
2018 Winter Meeting - Amelia Island

4/6/2018 » 4/8/2018

5/20/2018 » 5/23/2018
Litigation Management College

5/20/2018 » 5/23/2018
Litigation Management Graduate Program

Featured Members
Melinda S. KollrossDefense Counsel, Clausen Miller PC, Chicago, IL
J. Eric MilesDefense Counsel North, Pursell & Ramos, PLC, Nashville, TN

Special Thanks

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