21 st Century ADR: 2012/2013 Annual Report. International Institute for Conflict Prevention & Resolution

Transcription

1 21 st Century ADR: Engineering the FUTURE 2012/2013 Annual Report International Institute for Conflict Prevention & Resolution

2 A letter from CPR s President and ceo CPR s Mission Statement CPR s Mission Statement: CPR is the leading nonprofit independent resource helping global businesses and their lawyers resolve complex commercial disputes more cost effectively and efficiently. As many of you know, I announced in September that I will be retiring from CPR, effective after our Annual Meeting in February of I am very excited about the next phase of my career and will be moving to Cape Cod, with the Kathy Bryan plan to continue teaching as an Chairman, CPR adjunct law professor President & CEO, CPR (International Dispute Resolution at Cardozo School of Law and Mediation at Fordham School of Law), writing and speaking in the field of dispute resolution, spending more time on philanthropy, as well as my many hobbies. When I took the helm of CPR seven years ago, my goal was to discover new and better ways to improve private dispute resolution for the business culture and to change the way the legal profession approaches conflict resolution. These goals can never be achieved, however, as it is about the journey and not a single destination. CPR is the only institution in the world with this aspirational mission, and it has been an incredible journey, indeed. CPR is now positioned for amazing growth and even more significant impact. Just this past year, we introduced the 21st Century Pledge, new Administered Arbitration Rules, formed the European Executive Board, and held the first ever Brazilian Mediation Congress. Our programs impact new audiences and have broader reach than ever before. In addition to strengthening our work and reputation in the US, CPR continues to expand internationally with a focus on cross-border dispute resolution, where multinational businesses are in the most need of CPR s expertise and assistance. Our Y-ADR group for younger attorneys has held events nationwide and in Europe introducing CPR s exciting initiatives to the next generation of ADR leaders. Our new Diversity Commitment leads the way to increasing diversity in ADR. Our Online Dispute Resolution (ODR) platform is now being piloted and will soon be open for business with the potential to create more cost effective options for businesses. CPR clearly has led the way! CPR s future is bright. With strong leadership from our Board of Directors, a highly skilled and dedicated staff, and all the contributions from our members, CPR will continue to lead and inspire. It has been a pleasure to be a part of this growth, and I look forward to watching CPR enter its next stage from the Cape. Sincerely, Kathy Bryan President & CEO

3 A Letter from CPR s Board Chairman Honorable William H. Webster Chairman, CPR Board of Directors This year served as my last as CPR s Board Chairman and I am proud of the vast accomplishments that CPR has produced over my tenure. For over 30 years, CPR has continually delivered on its promise to provide cost-effective and efficient solutions for changing the way the world resolves business conflicts. CPR has earned a reputation as an intellectual alternative dispute resolution (ADR) powerhouse. This year CPR greatly expanded its international reach with the introduction of the 21st Century Corporate ADR Pledge, and with a series of international agreements with like-minded organizations that are designed to reach out to corporate signatories of ADR pledges in other countries. Last year, CPR s Board of Directors approved a five year strategic plan to ensure that the organization s mission is actualized for years to come. I am pleased to report that in FY 2013, CPR continued full steam ahead toward achieving the goals outlined in this plan. In addition to the work on the Pledge, CPR made progress on the global expansion of CPR s Panels of Distinguished Neutrals, and the strengthening of international initiatives, which included the creation of CPR s European Executive Board (EEB) and the first Brazil Business Mediation Congress in Rio de Janeiro. The Board of Directors plays an integral role in guiding CPR s mission and its work. This year, the Board supported a number of initiatives to help CPR engineer its future growth: improving the quality of our neutral panels, the introduction of Administered Arbitration Rules, and the launch of its new online dispute resolution (ODR) platform for cross-border / e-commerce transactions. Moreover, for the first time ever, CPR held its highly successful Annual Meeting at the Lodge at Torrey Pines in San Diego, California. This year, we were pleased to welcome four new additions to CPR s Board. Our new members Evan Chesler, Chairman of Cravath, Swaine & Moore LLP; John Heaps, Chairman of Eversheds LLP; the Honorable Judith Kaye, of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP; and Jay Waks, Partner, Kaye Scholer LLP are highly successful ADR visionaries and strong supporters of CPR s mission. CPR is well positioned for significant growth, due in large part to Kathy Bryan s vision, her tremendous leadership skills, and her commitment to excellence. She will be greatly missed and the Board of Directors is indebted to her for her many years of exemplary service to CPR s mission. CPR is the most innovative ADR organization in the world and I am honored to have been its Board Chairman. Sincerely, Honorable William H. Webster Chairman, CPR Board of Directors Contents Fulfilling CPR s Long 2 Term Strategy CPR Membership: The 4 Competitive Advantage International Initiatives 6 Dispute Resolution 10 Services Program Committees 14 Meetings and Seminars 18 Publications / 23 Education / Training Communications 27 Financials 31 Thank You Donors 32 CPR Board of Directors / 34 Executive Advisory Committee CPR Staff 36 CPR Heroes 37 1

4 21st Century Corporate ADR Pledge: Our company pledges to commit its resources to manage and resolve disputes through negotiation, mediation and other ADR processes when appropriate, with a view to establishing and practicing global, sustainable dispute management and resolution processes. Engineering the FUTURE FULFILLING CPR S LONG-TERM STRATEGY Engineering the future of alternative dispute resolution (ADR) is central to what we do. Within three short decades, CPR has earned an enviable reputation as an ADR powerhouse and a premier international resource for global businesses and their lawyers to resolve commercial disputes effectively and efficiently. Founding signatories AAR Corp.; AEGIS Insurance Services, Inc.; Akzo Nobel N.V.; Amgen Inc.; Bechtel Group, Inc.; BP plc; ConocoPhillips; Danaher Corporation; DuPont; Fluor Corporation; FMC Technologies; General Electric; GlaxoSmithKline; Hewlett-Packard Company; IBM Corporation; International Paper Company; Johnson & Johnson; Microsoft Corporation; Northeast Utilities; PepsiCo, Inc.; Pfizer Inc.; Raytheon Company; Rodan + Fields, LLC; Royal Dutch Shell plc; Teradata Corporation; Walgreen Company; and Xerox Corporation. The 21st Century Pledge brings a new insight into thinking about conflict resolution by bringing a more systemic look across the entirety of a potential dispute. Robert Weber Senior Vice President, Legal and Regulatory Affairs and General Counsel IBM Corporation 2

5 Last year, CPR s Board of Directors approved a five-year strategic plan that identified the following strategic goals: Develop and disseminate a 21st Century Corporate ADR Pledge that moves beyond CPR s original 1984 Corporate Policy Statement on Alternatives to Litigation by creating sustainable domestic and international dispute resolution processes beyond a bilateral agreement; Enhance CPR s Panels of Distinguished Neutrals by developing additional services and credentialing tools and creating greater community among CPR s panelists; Invest in international initiatives in Brazil, Europe and Asia; Explore strategic alliances which will provide enhanced opportunities for CPR member organizations. During FY 2013 significant progress was made on all four strategic goals, several of which will be discussed in greater detail in this Annual Report. Here is a summary of the progress made on CPR s highly successful 21st Century Corporate ADR Pledge. In FY 2012, CPR introduced its 21st Century Corporate ADR Pledge to move beyond CPR s original 1984 Corporate Policy Statement on Alternatives to Litigation by creating sustainable domestic and international dispute resolution processes beyond a bilateral agreement. The Pledge is compared to Six Sigma a well known systems-based approach companies have employed since 1986 to eliminate errors in manufacturing. By implementing a systems approach, with an emphasis on prevention and early resolution practices and tools, corporations can create a culture of conflict prevention that results in significant and sustainable time and costs savings for all parties. It does not preclude litigation, but instead, promotes alternative forms of resolution. During FY 2013, CPR successfully launched a national campaign promoting the Pledge and secured 27 corporate signatories, known as the Founding Signatories. Specialized trainings, conference calls, tool kits, marketing materials and guidelines were provided to our Founding Signatories to assist corporations to develop sustainable domestic and international dispute resolution processes within the corporate business model. CPR s campaign to secure additional signatories is ongoing, and efforts have been made to reach out to past Pledge signatories, asking them to consider signing the new Pledge. Public Relations efforts to promote the Pledge continue. Three key articles endorsing the Pledge have appeared in the Metropolitan Corporate Counsel (April, May and September 2013 editions) by Kathy Bryan, CPR s President & CEO, Peter J. Rees QC Legal Director for Royal Dutch Shell plc., and Dan Troy, General Counsel of GlaxoSmithKline. In June 2013, an article was placed in the Association of Corporate Counsel s ACC Docket, entitled How to Manage Disputes in a Flat World, by Kathy Bryan and Peter J. Rees in which the value of the 21st Century Corporate ADR Pledge was also promoted. CPR has also established a Task Force led by Dale Matschullat, of Schiff Hardin LLP, and Co-Chaired by Malini Moorthy of Pfizer, Inc., to identify other ways to promote a grassroots campaign to secure additional signatories. CPR has signed international mutual recognition agreements with two organizations which have ADR pledges similar to the CPR pledges, the Centre de Médiation et d Arbitrage de Paris (CMAP) in Paris, France and the Irish Commercial Mediation Association (ICMA) in Ireland. CPR s STRATEGIC GOALS Develop Enhance Invest Explore 3

6 Engineering the FUTURE CPR MEMBERSHIP: THE COMPETITIVE ADVANTAGE For more than 30 years, Fortune 500 companies and the AM Law100 Firms have joined CPR to promote ADR worldwide. Our members are the industry elite handling the largest and most sophisticated matters and commanding the highest litigation dollars. They are accustomed to staying on top of best practices. Joining CPR provides a competitive advantage by providing your company with the latest training, education, resources, research, and services in the ADR field. We are in such a litigious society, where more and more disputes are escalating into full-fledged litigation. We have to consider alternatives. We owe it to our business colleagues to find measures for resolving disputes quickly and with cost-saving measures. Malini Moorthy Vice President and Assistant General Counsel Pfizer, Inc. 4

7 CPR exists to push boundaries, challenge existing legal practices and promote ADR worldwide. CPR membership is a statement of support and intent. Growing membership, both organically and through outreach, benefits all CPR members by increasing access to the best global industry practices and by expanding members network of business contacts. On January 30, 2013, CPR launched its Get One membership campaign led by Mary Beth Cantrell, Chairperson of CPR s Membership Committee, and Stephen Younger and Jeffrey Paquin, Co-Chairs of CPR s Executive Advisory Committee. CPR recognizes the efforts of all Board and Executive Advisory Members and sends a special thank you to Mary Beth Cantrell, Amgen Inc.; Kenneth R. Feinberg, Feinberg Rozen, LLP; and Jonathan P. Graham, Danaher Corporation. New Membership Benefits CPR is always seeking ways to increase its value to its members by offering opportunities for high levels of interaction and exchange of the best ideas and practices. This year we added the following to our already extensive list of membership benefits: CPR Topic Calls: A series of quarterly onehour member only conference calls on hot topics in the ADR field. These calls are moderated by CPR s distinguished neutrals and recorded for members who are unable to join the call. Corporate Only-Conference Calls: A series of one-hour conference calls on relevant topics in the ADR field. These calls are for corporate members only. Membership Matters Newsletter: CPR s monthly newsletter provides details about CPR member benefits, exciting new initiatives, upcoming CPR programs and events, and tips on navigating the world of ADR. 21st Century Pledge ADR Tool Kit and Guidelines: CPR members have full access to a complete set of protocols, tools and other resources that assist companies to develop a disciplined systemic framework to consistently achieve more efficient and cost-effective resolution of disputes, both before and after a case has been initiated. Major Donors with Added Benefits: CPR has two categories of major donors: Visionaries ($30,000 and above) and Champions ($20,000 to $30,000). In recognition of their strong support, major donors receive numerous benefits including special recognition and free annual meeting registrations. AM 13: Justice Carlos R. Moreno (Irell & Manella LLP), Honorable Vaughn R. Walker Ret. (ADR Office Vaughn R Walker), Kathy Bryan (CPR) and guests AM 13: Neal Berinhout and Mark E. Haddad (Sidley Austin LLP) CLA 12: Guests from Baker & McKenzie LLP CLA 12: Bradford and Kristi Nielson (Shell Group) and Graham Kerin Blair (Baker & McKenzie LLP) 5

8 Engineering the FUTURE INTERNATIONAL INITIATIVES: ENGINEERING THE GLOBAL FUTURE OF ADR CPR has significantly increased its international efforts with the assistance, guidance and support of its global members. CPR s initiatives include advocacy, networking and educational opportunities to promote ADR worldwide. As part of CPR s five year strategic plan, the Board of Directors has decided to focus its international initiatives in Brazil, Europe and Asia in an effort to promote the use of ADR and to enhance CPR s Global Panel of Distinguished Neutrals in these countries. CPR s exceptional resources help global businesses and their lawyers resolve complex commercial disputes efficiently and effectively. My company looks to CPR for the latest in global litigation and ADR developments. John Schultz Executive Vice President & General Counsel Hewlett-Packard Company 6

9 Brazil The goal of CPR s Brazil Initiative is to promote the use of mediation as an acceptable method for resolving business disputes and to develop a skilled cadre of mediators in Brazil. CPR has been actively promoting this initiative for the past three years and has made significant progress in FY13 toward achieving these goals. During FY13, CPR was involved in a series of meaningful activities that significantly expanded CPR s Panel of Neutrals and furthered the acceptance of mediation practices. The first Business Mediation Congress in Brazil was held in Rio de Janeiro in April of The event, which was sponsored by numerous Brazilian and multinational entities including Royal Dutch Shell plc, Fluor Corporation, Danaher, Swiss Re and AmBev, was attended by over 150 attendees. As a result of this success, a mediator training, jointly sponsored by CPR and CAMARB, was held from November 15-17, 2013 in São Paulo and a Second Business Mediation Congress is scheduled to take place in Belo Horizonte in April CPR is now a member of the Brazilian American Chamber of Commerce and the Brazilian Arbitration Committee, and has formed relationships with the US-Brazil Business Council and the Florida-Brazil Chamber of Commerce. In addition, CPR has also worked with CONIMA, a Brazilian notfor-profit organization that functions as an umbrella organization for chambers of mediation and arbitration and has worked with several leading universities in Brazil. CPR is also participating in a study of mediation expected to be coordinated by professors from the Pontifical Catholic University of Minas Gerais, PRORAD (a company set up by American Marc Burbridge) and the Fundação Getúlio Vargas. Like the CPR / Cornell 1997 study, this research will seek to establish a baseline of ADR use by Brazilian corporations and identify areas of potential growth. Europe CPR s European presence dates from the early 1990s, when a group of corporate and legal leaders from Europe was convened to form the CPR European Advisory Committee. Under the leadership of Hans Peter Frick, former General Counsel of Nestlé, the group organized the First European Congress on ADR in 2004, followed by four annual conferences around Europe. CLA 12: Daniel F. Kolb (Davis Polk & Wardwell LLP) and Jack P. Levin (Levin ADR) AM 13: Janet Langford Kelly (ConocoPhillips) and Michelle Leetham (Rodan + Fields, LLC) AM 13: John Murnane (Fitzpatrick, Cella, Harper & Scinto), John Basinger (Baker & McKenzie LLP), and guest AM 13: Verna - Myers (Verna- Myers Consulting Group, LLC) Keynote Speaker 7

10 Jack Levin (Levin ADR) AM 13: David Bernstein (Debevoise & Plimpton), guest, Mark Smalls (JAMS), Mark Califano (American Express Company), and Malini Moorthy (Pfizer Inc.) CLA 12: Award Recipient Peter J. Rees, Bradford Nielson (Royal Dutch Shell plc) and Guests from Royal Dutch Shell plc and Debevoise & Plimpton LLP CPR s efforts have continued to grow over the years and in FY13, CPR successfully launched the European Executive Board (EEB), whose members include the following corporations: DuPont, GlaxoSmithKline, Shell Group, Fluor Corporation, Siemens AG, France Telecom, E.ON Energy, Capgemini, Koc Holdings and law firms: Herbert Smith Freehills, Gide Loyrette Nouel, and B-Cremades & Associates. The EEB is chaired by Jean-Claude Najar of Curtis, Mallet-Prevost, Colt & Mosle LLP, and Co- Chaired by Maurice J. H. Kuitems of Fluor Corporation. The EEB provides strategic direction to CPR s activities in the region. The first meeting of the full EEB was held in the Paris headquarters of Capgemini on September 19, CPR has also activated its European Action Committee (EAC). This group, comprised of European corporate and law firm members, was created to work in collaboration with the EEB to launch dispute prevention and resolution initiatives of interest to the European market. In October of 2013 a Y-ADR event took place in Paris, France and upcoming events are scheduled to take place in Geneva, Switzerland, Germany and London. Asia-Pacific Region CPR s work in this region is designed to promote mediation and to identify specific individuals to invite onto CPR s Asia-Pacific Advisory Council. In FY13, CPR has been actively involved in establishing and deepening working relationships with the organizations that will benefit CPR members engaged in dispute resolution activities in the region. Through contacts made at meetings of the UNCITRAL Commission and Working Group III, and with the ABA Dispute Resolution Section, CPR has arranged a series of meetings with governmental representatives and experts in dispute resolution throughout Asia. During November of 2013, CPR traveled to Seoul, South Korea; Singapore, Hong Kong; Ha Noi, Vietnam; and Bangkok, Thailand and met with representatives of NGOs and governmental organizations in those countries. CPR also met with representatives of organizations in Indonesia, Cambodia, India, Mongolia, Sri Lanka, Philippines, and Malaysia. AM 13: Honorable Suzanne H. Segal (U.S. District Court (California, Central District)) 8

11 Cross Border Online Dispute Resolution (ODR) ODR is widely recognized as the next evolution of ADR. In September of 2011, CPR was added to the U.S. Delegation to the UNCITRAL Working Group III to develop rules and procedures for an ODR platform for cross-border / e-commerce transactions. As part of this process, CPR participates in week-long sessions of the UNCITRAL Working Group III at the United Nations to develop key principles governing ODR s use. In FY13, in addition to the formal session during the week of May 20, 2013, CPR was also a member of the U.S. Delegation invited by the government of the Slovak Republic to participate in informal meetings with Delegations from South Korea, Columbia, Israel, Japan, Singapore and Spain. CPR also joined the U.S. Department of State in its informal discussions regarding ODR issues with the European Commission in Brussels. The objective of both the formal and informal sessions is to develop a globally respected method of implementing ODR and a uniform approach to basic standards. CPR is also working closely with Modria, an ODR platform developer run by Colin Rule, the first Director of ODR for ebay and PayPal. Together, CPR and Modria have developed a flexible online business-to-business arbitration process with CPR-ODR arbitration rules written to facilitate the process. CPR s ODR platform is now being piloted and will soon be open for business with the potential to create more cost-effective options for businesses. AM 13: Jonathan B. Marks (MarksADR, LLC) AM 13: Stephen Younger (Patterson Belknap Webb & Tyler LLP), Erin Gleason Alvarez (American International Group, Inc.), CPR Board of Directors Member Thomas Sabatino (Walgreen Company) Multinational companies like GE Capital, Americas strongly support the use of arbitration, commercial mediation and other methods of conflict management outside the U.S. As the Chair of CPR s International Committee, I have seen first hand how CPR has expanded ADR use across borders and cultures. I am proud to be a part of this ever growing effort. Barbara Daniele Senior Vice President & General Counsel GE Capital, Americas AM 13: Adam Klein (Outten & Golden LLP) and Deepak Gupta (Public Citizen Litigation Group) AM 13: Nancy Vanderlip (HID Global) and Meeting Attendees 9

12 Engineering the FUTURE DISPUTE RESOLUTION SERVICES (DRS): ENGINEERING THE RESOLUTION OF CONFLICT According to a recent study of tort cases by the National Center for State Courts (NCSC), A case that settles after discovery and is complete through formal settlement negotiations or ADR will range from $5,000 to $36,000 in attorney fees. If the case goes to trial, the total costs including expert witness fees can range from $18,000 to $109,000 per side. This study shows that cases that go to trial cost roughly three times as much as those that are resolved through settlement negotiations or ADR. CPR s Panels of Distinguished Neutrals, comprising former judges, prominent attorneys and academics, are uniquely qualified to resolve worldwide complex business disputes in more than 20 specialized practice areas. CPR provides access to an elite roster of neutrals that are highly credentialed by CPR, both internally and by peer review committees, in order to ensure that they possess superior qualifications in their fields. These neutrals have extensive experience in resolving thousands of complex cases and the CPR model clauses and rules are the best in the industry. Thomas Sager Senior Vice President & General Counsel DuPont 10

13 With litigation costing companies billions of dollars each year, effective conflict management is essential to reduce costs, increase privacy, lower litigation risks and improve business relationships. Mediation, arbitration and other consensual dispute resolution methods offer a low-cost, highreturn option for corporations and their outside counsel. CPR s rules and clauses offer a proprietary self-administered and an administered process that empowers parties to expedite conflict resolution, control the process, and minimize costs. enhance CPR s Panels of Distinguished Neutrals by developing additional services, credentialing tools and creating greater community among CPR s panelists. CPR s focus continues to be on augmenting the Global Panel. CPR continues to add to our European Panel with neutral exchange agreements with the Paris-based Centre de Médiation et d Arbitrage de Paris (CMAP) and the Milan Chamber of Arbitration (CAM) and with our work in Brazil and Asia. CLA 12: Bruce E. Yannett, Mark W. Friedman, Joseph P. Moodhe, and David W. Rivkin (Debevoise & Plimpton LLP) Panels of Distinguished Neutrals CPR members have unlimited access to a highly qualified panel of more than 600 Distinguished Neutrals, both in the United States and abroad. These neutrals are highly credentialed by CPR, both internally and by peer review committees, to guarantee that they possess superior qualifications in their fields. CPR has more than 20 industryspecific panels and its Global Panel of Distinguished Neutrals consists of nearly 100 panelists across 21 countries. As part of its five year strategic plan, significant progress has been made to CPR s Clauses and Rules For over 30 years, CPR has been the leading proponent of self-administered processes and has recently developed an innovative administered process that gives parties the assistance they need and no more. These processes are effectuated in CPR s rules and clauses and are easily adaptable. They allow parties to constructively and efficiently arrive at an enforceable result, while significantly controlling risks and expenditures of time and money. CPR also offers specialty rules in several areas including patent and trade secret, reinsurance and construction. AM 13: John M. Delehanty (Mintz Levin Cohn Ferris Glovsky & Popeo, P.C.), guest, and CPR Board of Directors Chairman Honorable William H. Webster (Milbank, Tweed, Hadley & McCloy LLP) AM 13: Professor Marjorie Corman Aaron (University of Cincinnati College of Law) AM 13: CPR Board of Directors Member Peter Rees (Shell Group) and Bradford Nielson (Shell Group) 11

14 AM 13: CPR Board of Directors Member PD Villarreal (GlaxoSmithKline) AM 13: CPR Board of Directors Member Mary Beth Cantrell (Amgen, Inc.) CLA 12: Graham B. Smith (Blake, Cassels & Graydon LLP), William and Laurie Webber (Amgen, Inc.), and Beth Trent (CPR) AM 13: CPR Board of Directors Vice Chairman John S. Kiernan (Debevoise & Plimpton LLP) 12 CPR s Administered Arbitration Rules In response to users requests, CPR is now offering Administered Arbitration Rules for those requiring an administering authority. CPR s Administered Arbitration Rules were drafted by users for users and offer the greatest degree of flexibility and control available, while minimizing overall costs. The new rules represent another option in the ADR toolbox for highly complex legal dispute cases. The Rules, which became effective on July 1, 2013, enable parties to remain in control to the greatest extent possible by providing only those administrative functions needed by the parties. They are designed to streamline the efficient resolution of disputes and, as a result, they are flexible and cost effective. CPR s Administered Arbitration Rules were drafted by a Subcommittee of CPR s Arbitration Committee, Chaired by Robert Smit, Partner at Simpson Thacher & Bartlett, and comprised of leading corporate counsel, lawyers, academics and neutrals seeking to improve the quality of arbitration. The rules are substantially the same as CPR s non-administered rules except for modifications related to CPR s administrative role, which includes billing, selection of the arbitrator(s), ensuring the smooth interface between parties and Arbitrator / Tribunal, review of awards, and oversight to ensure the process occurs in a timely manner. CPR s Rules are designed to increase efficiency and quality and to lower costs in the following unique ways: Designed to increase Efficiency Time Frame Accountability CPR must approve any time frame beyond the benchmarks. Settlement Opportunities Highlighted Tribunal authorized to suggest mediation / settlement at any stage, and not just limited to parties initiative. Easy Commencement Process No cumbersome paper filing requirements. Designed To Increase Quality Independent and Neutral Arbitrators No exceptions. Application of Law Explicit rule that Tribunal shall apply the substantive law(s) or rules of law designated by the parties as applicable to dispute. Innovative Screened Selection Process Available Arbitrators can be selected without knowing which party made the

15 selection to enhance neutrality and independence. Broad Confidentiality Default Provisions Applies to parties, arbitrators and CPR and not just arbitrators and ADR provider. Independent Challenge Review Panel Independent panel of practitioners available to decide arbitrator challenges. Designed To Lower Costs Single Fixed Filing Fee No separate filing fee for counterclaims. Fixed Fee Scale Scale of flat fees based on amounts in disputes provides for more predictable and lower fees for higherstakes disputes. Administrative Costs are Capped For disputes above $500 million, capped administrative fees at $34,000, absent special circumstances. disputes. These include resources for crafting internal ADR systems, drafting predispute ADR clauses and post-dispute ADR agreements. CPR also provides skilled attorneys who can assist in determining the proper selection criteria and can compile a list of candidates to meet parties specific needs. For the period from July 1, 2012 to June 30, 2013, CPR assisted parties with the selection of neutrals in a wide variety of case matters as shown below: Insurance 4% Contracts 24% CPR Dispute Resolution Services Cases by Subject Matter 07/01/12 to 06/30/13 Other 9% Accounting / Banking / Financial Services 16% Construction 15% AM 13: CPR Attendees AM 13: Catherine Amirfar (Debevoise & Plimpton LLP) and Mark Califano (American Express Company) Advances Earn Interest Unexpended advances on arbitrators fees and expenses returned with earned interest. Franchise 6% Energy 13% Technology / Biotech / Trade Secret / Patent 9% Employment 4% AM 13: Hon. Timothy K. Lewis (Schnader Harrison Segal & Lewis LLP), Nancy Winkleman (Schnader Harrison Segal & Lewis LLP), David Eisen (Wilson, Elser, Moskowitz, Edelman & Dicker LLP) and guest Dispute Resolution Services CPR offers a number of consultative services related to the prevention and resolution of In FY13, CPR s Panels of Distinguished Neutrals were comprised of 11% women, 4% Hispanic, 3% Asian and 1% African American. Of the total panelists selected for dispute resolution cases, 14% were women, 4% were Hispanic, 4% were Asian and 2% were African American. AM 13: Guest and Irene Warshauer (Law Office of Irene C. Warshauer) 13

16 Engineering the FUTURE PROGRAM COMMITTEES: ENGINEERING ADR S INTELLECTUAL CAPITAL One of CPR s greatest strengths is the work produced by its industry committees, councils and task forces. CPR s industry-specific committees analyze ADR challenges, recommend best global practices and publish materials on issues at the forefront of legal debate. The balanced interests of these committees provide a unique platform for analyzing the latest developments, both legal and practical, in all manners of dispute resolution. Committees meet regularly to draft rules and propose industry protocols used around the world. As a Co-Chair of CPR s Banking & Financial Services Committee, I have seen how very valuable the process is. By engaging highly skilled practitioners in committee work, CPR provides a platform for members to study current issues and make recommendations for best practices that often result in published materials. These insights aid counsel in finding innovative, cutting edge ways to resolve disputes worldwide. Andrew J. Olejnik Attorney Jenner & Block LLP Co-Chair, CPR Banking & Financial Services Committee 14

17 CPR believes that the ADR field can best be advanced by exploring and analyzing the latest developments in commercial conflict management and dispute resolution. We invite our members, academics and neutrals to actively participate in industry and practice specific committees to study current issues and make recommendations for best practices that often result in published materials. Arbitration Committee The Arbitration Committee is a resource for corporate counsel, lawyers, academics and practitioners seeking rigorous analysis of issues related to improving the quality of domestic and international arbitration. On July 1, 2012, Ank Santens, of White & Case LLP, became the new Committee Chair. The Administered Arbitration Rules Subcommittee, under the leadership of Robert Smit of Simpson, Thacher & Bartlett LLP, released its final version of CPR s Administered Arbitration Rules. The Subcommittee has been actively involved in the public release of the Administered Arbitration Rules. Banking and Financial Services Committee The Banking and Financial Services Committee meets periodically to consider possibilities for ADR to resolve disputes among financial institutions. The Committee is currently Chaired by Pamela Corrie of GE Capital, Americas and Andrew J. Olejnik of Jenner & Block LLP. CPR regularly convenes this committee of in-house counsel, attorneys, and leading ADR practitioners to analyze, establish benchmarks and publish material on issues that are critically important to business practices. The Committee met three times in FY13. At these meetings, corporate users were invited to share information and best practices on their use of mediation in the banking and financial services industry. In addition, the Committee explored trends in the use of ADR in the bankruptcy context and continued to work on the inclusion of a CPR Model Arbitration Clause as an option for the ISDA Master Agreement. The Committee has also developed a Panel of Distinguished Neutrals specialized in municipal bankruptcy. Employment Disputes Committee The Employment Disputes Committee is Chaired by Jay Waks of Kaye Scholer LLP. It includes corporate representatives, arbitrators, management lawyers, employee representatives, former judges, human resources professionals, mediators and academics who are interested in improving the management and resolution of employment disputes. The Committee often invites prominent guest speakers to address current developments in such areas as mediation of ADA claims, waiver of statutory claims, use of ADR by state and federal enforcement agencies, and the enforceability of mandatory and binding arbitration policies. The Compendium Subcommittee, Chaired by Nancy Vanderlip of HID Global Corporation, has been meeting monthly and is in the editing stages of its new work Cutting-Edge Advances in Workplace Conflict Resolution. The book, which is expected to be available at CPR s Annual Meeting in February 2014, includes articles from renowned experts, such as David Lipsky, Director of the 15

18 Scheinman Institute on Conflict Resolution at Cornell University, ILR School; and Mary Rowe, Special Assistant to the President, then Ombudsperson and Adjunct Professor of Negotiation and Conflict Management at MIT. Energy, Oil & Gas Committee The Committee on Energy, Oil & Gas is Chaired by Duncan MacKay of Northeast Utilities. It was formed in 2000 to study challenges facing these related industries. It has assembled an international blue-ribbon panel of energy neutrals in sub-specialties ranging from alternative energy sources to nuclear specialties and continues to work on augmenting CPR s Energy, Oil & Gas Panel of Neutrals as well as the presentation of periodic programs of interest to the field. Franchise Mediation Program CPR administers the Franchise Mediation Program whose goal is to encourage the mediation of non-judicial management of disputes arising between franchisors and franchisees and to encourage all members of the franchise community to resolve conflicts fairly, amicably and cost-effectively. Insurance Committee and Directors and officers (D&O) Group The Insurance Committee includes representatives of property casual insurance companies who monitor the activities of the Mass Claims Commission and other CPR initiatives that have implications for the insurance industry. The Insurance Committee has formed a new Directors and Officers (D&O) Liability Group to explore ways to incorporate the use of mediation, arbitration and other ADR processes into the resolution of D&O matters. The Chair of the newly formed Directors and Officers Group is Timothy W. Burns of Perkins Coie LLP. The Group is working on arbitration procedures and rules for D&O liability insurance. Mediation Committee The Mediation Committee is Co-Chaired by David Burt, of DuPont and Jack Levin, an independent neutral who succeeded A. Stephens Clay of Kilpatrick Townsend & Stockton LLP in the spring of The Committee focuses on issues related to improving the quality of mediation practice, both domestically and internationally. The Committee consists of CPR members throughout the world and is working to identify neutrals to serve on CPR s Panels of Distinguished Neutrals. The Mediation Committee has been collaborating with the Arbitration Committee on editing the draft Global ADR Guide. In addition, the Committee met in August to begin planning for the Mediation Committee meeting to be held in conjunction with the 2014 Annual Meeting. That meeting will be the third in an increasingly popular series, and will focus on the topic of effective court-connected mediation. 16

19 Patent Mediation Task Force The Task Force is Chaired by Manny Schecter of IBM Corporation. It explores benefits and barriers to the effective use of mediation in patent disputes. At CPR s 2013 Annual Meeting, CPR s Patent Mediation Task Force released its Effective Practices Protocol endorsing the use of ADR in patent disputes and a pamphlet detailing why mediation works in patent cases. Product Liability Committee This Committee, Chaired by Dale Matschullat of Schiff Hardin LLP, encompasses a group of manufacturers, claimants, insurers and others who are examining product liability litigation in the hopes of generating a guide to the efficient and just resolution of such claims. The Committee, which includes representatives of all interested parties, such as indemnitors and claimants attorneys, has developed a Protocol for Early Case Resolution of Product Liability Cases. The Committee has also developed a tool kit to assist businesses to implement the Protocol. The National Task Force on Diversity in ADR The Task Force is Co-Chaired by Thomas Sager of DuPont, Laurel Pyke Malson of Crowell & Moring LLP and Charles Morgan of The Morgan Group. It was established to devise practical strategies to increase the participation of women and minorities in mediation, arbitration and other ADR processes. The Task Force coordinates with minority bar associations on diversity initiatives around the country and administers the annual CPR Award for Outstanding Contribution to Diversity in ADR, which honors a person who has contributed significantly to diversity in the ADR field. The Task Force has developed and launched a Diversity Commitment, an ADR mentoring program, and an apprentice program designed to promote further diversity among neutrals chosen to mediate or arbitrate by large corporations. It also held a training program on implicit bias at CPR s Annual Meeting. Karl Stern (Vinson & Elkins LLP) CLA 12: Jeroen F. Ouwehand (Clifford Chance LLP) and Chr. Frank Kroes (Baker & McKenzie LLP) AM 13: Justice Carlos R. Moreno (Irell & Manella LLP) AM 13: Judge John Leo Wagner (Wagner Law Firm, P.C.) and guest 17

20 Engineering the FUTURE MEETINGS AND SEMINARS CPR s meetings and seminars provide an invaluable way of exchanging best practices for avoiding, managing, and resolving complex commercial disputes. CPR has devoted substantial resources to providing opportunities to convene member corporations and law firms, professors, judges, neutrals, agency representatives, and others to analyze and refine conflict resolution techniques, procedures and systems. CPR s events provide a unique venue where the world s leading experts gather to critically examine the trends and processes that advance ADR innovation. My company supports the CPR meetings consistently. No other organization so successfully convenes legal and business leadership for discourse on conflict management that is so sophisticated and, at the same time, so practical. Mary Beth Cantrell Senior Associate, General Counsel Amgen, Inc. 18

21 2013 CPR Annual Meeting (AM 13) CPR s highly-successful 2013 Annual Meeting was held from January 17-19, 2013 at The Lodge at Torrey Pines in San Diego, California. The theme of the meeting was Taking the A Out of ADR: Dispute Resolution as a Business Process. The meeting focused on an issue of critical importance to all companies as they seek to resolve disputes in an era of increasingly constrained judicial resources: how to transform dispute resolution from an adjunct or alternative process, to a primary method of managing conflict with the same degree of focus and sophistication as other core business processes. Highlights of the meeting included a key note address by Verna - Myers, the nationally recognized expert in diversity issues, who addressed an issue that is intrinsic to trust in any system of dispute resolution, whether within or outside of the courts: how to recognize and address issues that can undermine diversity and give rise to perceptions of bias. A second keynote speaker was Justice Carlos Moreno, whose service as Associate Justice of the California Supreme Court and a Federal District Court Judge for the Central District of California places him in a unique position to address the challenges faced by our courts. Panelists and participants included leading jurists, an outstanding group of leading General Counsel, top attorneys, and international arbitration and mediation experts. The program commenced with a panel of leading present and former jurists who addressed the challenges facing the courts and discussed opportunities for systematic dispute resolution processes, both in connection with the courts and independently, addressing and ameliorating those challenges. Other highlights included the launch of the DuPont-CPR ADR Counsel Workshops, which enabled practitioners to adapt the indepth material in the CPR-DuPont Corporate Global ADR Guide to their day-to-day needs. Panels addressed the following: the impact of the Supreme Court s decision in AT&T Mobility on a wide range of issues beyond consumer class actions; key developments on the international arbitration front; the CLA 12: Jim Henry (former CPR President & CEO), Guest from Shell Group, and Stephen Younger (Patterson Belknap Webb & Tyler LLP) AM 13: Ank Santens (White & Case LLP), Mark Califano (American Express Company), Catherine Amirfar (Debevoise & Plimpton LLP), and CPR Board of Directors Vice Chairman John S. Kiernan (Debevoise & Plimpton LLP) AM 13: Torrey Pines Luncheon Clyde Lea (ConocoPhillips), Michelle Leetham (Rodan + Fields, LLC), Laura Robertson (ConocoPhillips), and guests 19

22 Y ADR: John Heaps (Eversheds) Y ADR: London CLA 12: Kathy A. Bryan (President & CEO of CPR) CLA 12: CPR Board of Directors Vice Chairman John S. Kiernan (Debevoise & Plimpton LLP) 20 timing and elements necessary to successful mediation and the roles of the stakeholders in preparing for success; dispute resolution issues in the biotech / pharmaceutical industries; the potentially transformative impact of technology on dispute resolution, and key ethical issues that arise in mediation and arbitration. Finally, CPR s popular Inhouse Counsel panel addressed best practices in dispute resolution as a business process. CPR s 2014 Annual Meeting will be held from February 20-22, 2014 at Charleston Place in Charleston, South Carolina. Young Attorneys in Alternative Dispute Resolution (Y-ADR) CPR s Y-ADR Program, Chaired by Dana MacGrath of Sidley Austin LLP, engages practicing lawyers 45 years old and younger or those with fewer than eight years of professional experience in the international ADR practice area. Through periodic seminars and networking events hosted by CPR member law firms, young lawyers are introduced to the role of ADR systems in corporations and multinational organizations. Recent Y-ADR seminars have been organized in Paris, France ( Current Developments in Mediation and Other ADR Techniques ), New York City ( Diversity in ADR: Challenges and Steps Forward ) and in San Francisco, where CPR and Morrison & Foerster LLP presented a distinguished panel of experts engaged in a wide ranging discussion of what the future holds for litigation and alternative dispute resolution Corporate Leadership Award Dinner (CLA) Every year, CPR honors a corporation that has demonstrated leadership and commitment to the principles of conflict management and resolution and has institutionalized these principles into their corporate and industry culture. The Award is presented at a black-tie event that draws more than 500 attendees representing top corporations, law firms, scholars, and public institutions. Since its inception, the event has raised more than $8 million in support of CPR s educational, research and public policy programs. Past honorees have included Johnson & Johnson, General Electric, Ernst & Young, ConocoPhilips, Microsoft, DuPont, Pfizer Inc, Amgen Inc, FMC Technologies Inc, and GlaxoSmithKline.

23 CPR s 9th Annual 2012 CLA Awards Dinner was held on October 16 at The Waldorf- Astoria in New York and honored Royal Dutch Shell plc and Peter J. Rees, QC, Legal Director at Shell. Both were recognized for demonstrated leadership and commitment to the principles of conflict management and resolution and for successfully implementing these principles into their corporate and industry cultures. With around 93,000 employees in more than 90 countries and territories, Shell s work, spearheaded by Mr. Rees, advances industry technologies and pushes the boundaries of dispute resolution in developing the tools and infrastructure to apply ADR internationally. The event raised more than $1M in support of CPR s educational, research and public policy programs. In November of 2013 CPR celebrated its 10th Annual Corporate Leadership Award Dinner honoring Hewlett-Packard Company and John F. Schultz, Executive Vice President & General Counsel for their outstanding commitment to resolving disputes in ways that achieve the legal and business objectives while preserving and strengthening essential business relationships Annual Awards Program Each year, CPR promotes excellence in scholarship and practical achievement through its Annual Awards program. CPR s 30th Annual Awards were presented for the following: James F. Henry Award: The award was presented to Margaret L. Shaw for her leadership, innovation and sustaining commitment to the field of ADR. Outstanding Practical Achievement: The award was presented to Sandra Day O Connor College of Law Foreclosure Mediation Program. Outstanding Original Professional Article: The award was granted to Jacqueline Nolan- Haley for her article, Mediation: The New Arbitration 17 Harvard Neg. L Rev. 61 (2012). Outstanding Original Short Article: The award was presented to Charles B. Rosenberg and Dr. Matthew T. Parish for their article, Investment Treaty Law and International Law, 23 Amer. Rev. of Int l Arb. 1 (August 2012). Outstanding Original Student Article: The award was granted to Grant Strother for his student paper, Resolving Cultural Property Disputes in the Shadow of the Law (submitted CLA 12: Honorable Judith S. Kaye (Skadden, Arps, Slate, Meagher & Flom LLP), Stephen Younger (Patterson Belknap Webb & Tyler LLP), and Nancy Thevenin (Baker & McKenzie LLP) CLA 12: CPR Board of Directors Chairman Honorable William H. Webster (Milbank, Tweed, Hadley & McCloy LLP) and Peter J. Rees (Royal Dutch Shell plc) with Award CLA 12: CPR Board of Directors Chairman Honorable William H. Webster (Milbank, Tweed, Hadley & McCloy LLP), Award Recipient Peter J. Rees (Royal Dutch Shell plc), Kathy A. Bryan (CPR), and CPR Board of Directors Member Charles Morgan (The Morgan Group) 2012 Annual Awards: CPR Award Winner Best Electronic Media About ADR Just Court ADR ( 21

24 2012 Annual Awards: 2012 Annual Awards Outstanding Practical Achievement Award Winner, Sandra Day O Connor College of Law Foreclosure Mediation Program for a Harvard Law School Class in 2012), which will be published in the Spring of 2014 issue of Harvard Negotiation Law Review. Outstanding Book: The award was presented to Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey, (Eds.), Online Dispute Resolution: Theory and Practice, Eleven International Publishing, The Netherlands (2012). January of Joseph McLaughlin pioneered ADR use in the financial services industry and, as a neutral, he worked extensively on banking and investment issues worldwide, with a focus on the Far East in recent years. Outstanding Electronic Media about ADR: The award was granted to Just Court ADR ( Annual Awards: David Burt (DuPont) Presenter, Colin Rule (Modria.com), accepting for CPR Book Award Winner Online Dispute Resolution: Theory and Practice CPR is pleased to announce that, through the generosity of several grants, the Student Article Award will be known in future years as the Joseph T. McLaughlin Original Student Article Award in honor of ADR stalwart and former CPR Board Member, Joseph T. McLaughlin, who passed away in 2012 Annual Awards: David Burt-DuPont Presenter, Grant Strother Student Paper Award Resolving Cultural Property Disputes in the Shadow of the Law As an outside counsel focused on international disputes, I see the high value-add that CPR is bringing to the discussion. Through its several initiatives, such as its forthcoming 21st Century Corporate ADR Pledge and online dispute resolution work, it is driving change and making people think about how to continually improve their dispute processes. José I. Astigarraga Astigarraga Davis 2012 Annual Awards: Margaret Shaw (ADR Associates/JAMS), James F. Henry Award Winner, James F. Henry (former CPR President & CEO) 22

25 Engineering the FUTURE PUBLICATIONS/ EDUCATION/ TRAINING CPR provides an array of published executivelevel ADR resources, books, DVDs, business tools, customized training options, webinars and podcasts to assist practitioners to become better problem solvers and more efficient in using ADR methods. CPR s educational and training programs are designed to elevate and improve the ADR and legal skills of professional practitioners, and are led by acknowledged experts in the field. CPR excels at helping companies like ours find and use the right tools to avoid or resolve disputes in a proactive, strategic way. Its programs and sharing of best practices have been very helpful in equipping Microsoft attorneys with the resources needed throughout the life cycle of relationships. Steve Aeschbacher Associate General Counsel Microsoft Corporation 23

26 AM 13: Melinda Jayson (Melinda G. Jayson, P.C.), guest, and Irene Warshauer (Law Office of Irene C. Warshauer) AM 13: Clyde Lea (ConocoPhillips) AM 13: CPR Board of Directors member Thomas Sabatino (Walgreen Company) AM 13: Jean-Claude Najar (Curtis, Mallet-Prevost, Colt & Mosle LLP) 24 CPR brings together leading industry experts to craft detailed ADR clauses, rules, codes and procedures for business agreements and proceedings. CPR members have exclusive access to CPR s research and drafting resources, as well as, direct involvement in creating this wealth of intellectual property. Alternatives CPR s award-winning newsletter provides international ADR coverage and skill development articles. In 2013, Alternatives was recognized by industry peers with an APEX 2013 Award of Excellence in the News Writing category. Alternatives coverage included details on a Massachusetts decision on mediation, neutrals and the unauthorized practice of law, as well as an analysis of the recent domestic and international arbitration cases. This year saw the return of Robert Creo, whose monthly Master Mediator column was re-launched with a feature on getting the most out of what appears to be ADR failure. Alternatives also featured a comprehensive analysis and special arbitration report analyzing and summarizing the briefs of the Fifth Circuit employment ADR class waiver battle. Other highlights included an exploration of the use of ADR in patent disputes; a case study on the independence of the ADR neutral; a series of World Perspectives articles by columnists Giuseppe De Palo and Mary B. Trevor, a series on Rethinking Mediation ; CPR Neutral Panel profiles; and Jonathan Mark s commentaries on negotiation success. In addition to the print version, CPR members receive a digital copy of Alternatives via and have access via the CPR website to full text articles going back to Alternatives 1983 inception. Alternatives publisher, John Wiley & Sons, has set up a new site devoted exclusively to the publication at www. altnewsletter.com, and launched an iphone / ipad app for mobile access. New Publications This year s committee efforts resulted in several substantial pieces of work that advance the ADR field. CPR s Guidelines for Arbitrators Conducting Complex Arbitrations Developed by the CPR Arbitration Committee, Chaired by Lawrence W. Newman, these guidelines have as their governing principle, the achievement by the arbitrators of a fair award, arrived at

27 efficiently. The guidelines urge arbitrators to conduct proceedings in a way that is, from the outset, mindful of what and how the parties will have to present to them which will enable them to take full account of the parties presentations and deliver a prompt award. CPR s Report of the CPR Patent Mediation Task Force: Effective Practices Protocol These cutting-edge protocols were developed by CPR s Patent Mediation Task Force under the direction of Manny W. Schecter, IBM Chief Patent Counsel and three Subcommittee Chairpersons: Harrie Samaras, Kevin Casey, and John Delehanty. The report endorses the use of ADR in patent disputes, an area in which the cost of litigation has been astronomical. CPR s Administered Arbitration Rules CPR s Arbitration Committee, Chaired by Ank Santens of White & Case LLP in New York and the Administered Arbitration Rules Subcommittee, Chaired by Robert Smit of Simpson Thacher & Bartlett LLP in New York, led the effort to draft the new Administered Arbitration Rules this year. The Rules, which took effect on July,1, 2013, were drafted by users for users requiring an administering authority and provide the greatest degree of flexibility and control available. Continuing Legal Education Webcasts As a content provider for Thomson Reuter s West LegalEdcenter.com, CPR has numerous on-demand CLE courses with many available as podcasts. Webcasts added this year included sessions from the 2013 CPR Annual Meeting. CPR is currently working with LexisNexis to provide a similar service to CPR members. International Dispute Negotiation Podcast Series CPR s International Dispute Negotiation (IDN), a podcast examining global conflict resolution, has now broadcasted more than 100 episodes. It is hosted by Michael McIlwrath, Senior Counsel, Litigation at GE Infrastructure Oil & Gas, in Florence, Italy. The podcast is widely distributed for free in the itunes store and via Thomson Reuters WestLegalEdcenter.com, where CPR has AM 13: CPR Board of Directors Member Dale L. Matschullat (Schiff Hardin LLP) AM 13: Catherine Amirfar (Debevoise & Plimpton LLP) AM 13: Kathleen O Connor (Weil, Gotshal & Manges LLP) AM 13: Guest, Conna Weiner, and CPR Board of Directors Member Thomas Sabatino (Walgreen Company) 25

28 been a featured content provider. These award-winning podcasts highlight a wide variety of ADR practices and provide insight on issues of interest to the general international business community and all ADR practitioners. Training CPR continued its commitment to providing expert training to its members and the greater legal community by hosting numerous educational programs this year. CPR offered a workshop entitled Applying Neurobiology to Negotiation and Mediation with Jeremy Lack and Francois Bogacz. (October, 2012) CPR offered a live webinar entitled Good Judgments: Improving Risk Assessment and Advocacy in Negotiation and Mediation. (November, 2012) CPR held a CLE online entitled: Litigation Risk Analysis : A Tool for Successful Mediation. (January, 2013) CPR s held its Three Part Breakfast Series on Mediation with Kenneth Feinberg. (March - April, 2013) CPR held its first ever Brazil Business Mediation Congress. (April, 2013) CPR s sold out Advanced Commercial Mediator Training with Simeon Baum and Stephen Hochman was held. (June, 2013) Customized Training In March of 2013, CPR offered Basic Mediation Training for Lawyers at Schiff Hardin s Chicago offices. Marjorie Corman- Aaron led a successful training of senior lawyers interested in developing or honing their mediation skills. In May of 2013, Kenneth Feinberg led a Mediation Advocacy training program for in-house attorneys at Royal Dutch Shell s Houston headquarters. Kaye Scholer invited CPR s staff to present three customized trainings in September, October and November of Topics included: Strategic Considerations in Arbitration and Mediation, Drafting Dispute Resolution Clauses and ADR Ethics. All three were designed for litigators and transactional attorneys. CPR s vast experience was demonstrated in its ADR training sessions, superior to most available. The quality and breath of CPR s resources remain unmatched in the industry. We recently asked CPR to provide a series of customized training programs for our in-house attorneys. These programs were well attended, well received and exceptionally useful. Jay Waks Partner, Litigation Department Kaye Scholer LLP Chair, CPR s Employment Disputes Committee 26

29 Engineering the FUTURE WORLDWIDE COMMUNICATIONS CPR has undertaken a multi-branched approach to promoting commercial mediation and other forms of consensual conflict management through its communications, speaking engagements and special projects. CPR remains focused on promoting the use of ADR and uses social media, its website and numerous public venues to change the way the world resolves conflict. CPR brings together leading industry experts to provide an array of executivelevel ADR books and resources. The quality and breath of CPR s publications are well known in the industry. They represent the best thinking in the field and elevate and improve ADR and legal skills of all professional practitioners. Nancy Vanderlip CPR Executive Advisory Board Member 27

30 CPR s Website CPR s website, represents a wealth of intellectual capital and serves as the leading source of best objective practices, tools and research in ADR. The site is a robust web portal where CPR members, law firms, corporations, government entities and the ADR community can come for best practices in clauses, rules and procedures. In December of 2010, CPR completely redesigned and re-launched its website. Since that time, CPR has witnessed a dramatic rise in activity on the site both in visitation performance and time spent on the site. The number of web pages viewed, website visitors, and panel visits continues to increase from year to year. Comparing 2011 to 2012, the number of registered users on the website increased by 884, and the total number of visitors and number of visits 28 to our website increased by over 9,007 and 9,138 respectively. These numbers have continued to rise throughout 2013 and are expected to reach new record highs. Social Media and Articles CPR emphasizes interactive, participatory online offerings as a key component to communicating the value of ADR. The social media revolution has expanded that reach. Fifteen years after CPR s first online seminar, the organization now maintains multiple Facebook, Twitter and LinkedIn accounts that offer frequent updates regarding breaking ADR news, information about new tools and resources, details regarding events, products and services, and access to CPR s online content and forums. CPR s social networking participation has driven thousands of people to its website and has created heightened awareness of CPR s work. CPR continues its coverage of up-to-theminute ADR rulings and news from the U.S. Supreme Court at and live coverage on Twitter / Facebook / LinkedIn. CPR s breaking news items are posted on Twitter, where CPR currently boasts more than 2,500 updates and 1,500 followers on its two accounts. Articles This year, CPR posted and disseminated countless articles on its website, providing analysis of several key issues including the U.S. Supreme Court class arbitration decision, American Express Co. v. Italian Colors Restaurant, and a review of the pilot program being tested in the Kings County New York State Supreme Court that eventually could lead to requiring all civil cases in New York to pass through a mediation process before proceeding to trial. In addition, CPR has been featured in and / or authored the following articles: Mediation: Mandatory Commercial-Case Referrals Are Coming to New York by CPR. (July, 2012) Arbitration: W. Va. s Top Court, After Scotus FAA Reversal Insists that Mandatory ADR Clause is Unconscionable by CPR. (July, 2012) Schiff Hardin Client Report Promotes CPR ADR Pledge. (August, 2012) Scotus Cert Petition filed on Ninth Circuit VA Disability Benefits Case by CPR. (September, 2012) A New Era of Partnership co-authored by CPR Board of Directors Member, Elpidio PD Villarreal, Brennan Torregrossa, and CPR President and CEO Kathy Bryan. (New York Law Journal, October, 2012)

31 Urgent Need for New Litigation Approach co-authored by CPR Board of Directors Chairman, Honorable William H. Webster and CPR President and CEO, Kathy Bryan. (The National Law Journal, January, 2013) ADR in Bankruptcy: Expanding Opportunities by Andrew J. Olejnik, Attorney at Jenner & Block LLP & Olivier P. André, CPR s Special Counsel & Director of Dispute Resolution Services (Bloomberg, BNA s Bankruptcy Law Reporter, February, 2013) New Highlights from London Eversheds Y-ADR / YIAG Event by CPR. (April, 2013) The 21st Century Corporate ADR Pledge by Kathy Bryan, CPR s President & CEO. (Metropolitan Corporate Counsel, April, 2013) Moving Arbitration Online: The Next Frontier by Beth Trent, CPR s Senior Vice President and Director of Programs and Colin Rule, CEO and Co-founder of Modria. com. (The New York Law Journal, May, 2013) Shell Groups Top In-house Lawyer Endorses CPR Institute s 21st Century Pledge by Peter J. Rees QC Legal Director for Royal Dutch Shell plc. (The Metropolitan Corporate Counsel, June, 2013) Rounding up the AMEX Coverage by CPR. (June, 2013) Mediation all italiana by Dahlia Belloul. (Commercial Dispute Resolution, June 2013) The Case Against Misdirected Regulation of ADR by Kathy Bryan, CPR s President & CEO and Mara Weinstein, CPR s Special Counsel and Panels Manager. (ABA Dispute Resolution Magazine, Spring, 2013) How to Manage Disputes in a Flat World by Kathy Bryan, CPR s President & CEO and Peter J. Rees QC Legal Director for Royal Dutch Shell plc. (Association of Corporate Counsel, June 2013) Mandatory Mediation Arrives in Brooklyn by CPR. (June, 2013) Speaking Engagements and Conference Participation In addition to monthly meetings of the Committee on International Arbitration and ADR of the International Law Section of the New York State Bar Association, the New York City Bar Arbitration Committee and the New York International Arbitration Club, CPR s staff continues to spread the word about commercial ADR through speaking engagements, workshops and trainings around the world. Among the forums in which CPR participated this fiscal year were: Practicing Law Institute: On August 14, 2012, Helena Tavares Erickson, CPR s Senior Vice President and Secretary, led PLI s Ethics in Arbitration 2012 program. CLM and CPR Co-Host ADR Mini- Conference: On September 21, 2012 the Claims and Litigation Management Alliance (CLM) and CPR co-hosted a halfday mini-conference on ADR in Philadelphia. Marie Garibaldi Inn of Court for the Study of ADR: On September 13, 2012, Kathy Bryan, CPR s President & CEO, adopted a program presented at an ABA training session entitled The User Perspective of Arbitration. The International Legal Series by the University Club of Toronto: On October 2, 2012, Kathy Bryan, CPR s President & CEO, presented on Ten Myths About Arbitration. Centre de Mediation et d Arbitrage de Paris (CMAP): On October 9, 2012, at a breakfast seminar organized for the Signatories of the Pledge in Paris, Olivier P. André, CPR s Special Counsel & Director of Dispute Resolution Services and Jean- 29

32 Claude Najar, Chair of CPR s European Executive Board, spoke about the importance of the recent collaboration agreement between CPR and CMAP. International Forum of Mediation Centers: From October 5-7, 2012, Olivier André, CPR s Special Counsel & Director of Dispute Resolution Services, participated in the International Forum of Mediation Centers organized by UIA (International Association of Lawyers) in Zagreb, Croatia. NYSBA Dispute Resolution Section and Commercial & Federal Litigation Section: On October 15, 2012, Helena Tavares Erickson, CPR s Senior Vice President and Secretary, presented on Making Better Choices-How Gender Diversity in Arbitration Selection Enhances the Process. New York City Bar Association: On October 17, 2012, CPR representatives attended Mediation Settlement Day Kick- Off Celebration. ABA International Law Section: On October 18, 2012 Kathy Bryan, CPR s President & CEO spoke on Innovations in Dispute Resolution. College of Commercial Arbitrators: On October 26, 2012, Ms. Erickson addressed the CCA s Annual Conference regarding the CPR Panel of Distinguished Neutrals, criteria for acceptance onto the Panel and CPR s selection services, as well as corporate attitudes toward arbitration. New York City Bar: On January 24, 2013, Kathy Bryan, CPR s President & CEO, spoke on The Role of Dispute Resolution in the New Legal Economy. Association of Corporate Patent Counsel: From January 28-29, 2013, Kathy Bryan presented CPR s Patent Mediation Task Force newly released Effective Practices Protocol, endorsing the use of mediation in patent disputes. ADR Roundtable of the German Industry: On February 19, 2013, Kathy Bryan, CPR s President & CEO, and Olivier André, Special Counsel and Director of Dispute Resolution Services, presented on CPR s ADR Initiatives, including the 21st Century Pledge. CUNY Dispute Resolution Center at John Jay College / ACRGNY s Monthly NYC-DR Roundtable Breakfast: On March 7, 2013, Russ Bleemer, Editor of Alternatives, presented on Responding to the Media When Confidentiality is at Stake. New York Bar Association Diversity Committee On March 28, 2013, Kathy Bryan, CPR s President & CEO, spoke on CPR s Diversity Initiatives. ABA Dispute Resolution Section Meeting: On April 4, 2013, Kathy Bryan moderated a panel on What Clients Want from their Arbitrators. ABA Business Law Section Dispute Resolution Committee Meeting and the ABA Intellectual Property Law Meeting: On April 5, 2013, Kathy Bryan presented CPR s Patent Mediation Task Force newly released Effective Practices Protocol. Association of Corporate Counsel, Ontario s Chapter Diversity in ADR: On May 8-9, 2013, Kathy Bryan, CPR s President & CEO, presented CPR s Diversity Initiatives. European General Counsel Association: On June 7, 2013, Kathy Bryan, CPR s President & CEO, presented on CPR s Current Initiatives in Oslo, Norway. Houston Bar Association ADR Section Meeting: On June 19, 2013, Olivier P. André, CPR s Special Counsel & Director of Dispute Resolution Services spoke on CPR s major initiatives. 30

33 A Letter From the Chairman of CPR s Finance Budget & Audit Committee CPR was founded by general counsel who believed that innovation and efficiency comes from working together to address common issues. Today, CPR continues to work with its members inside and outside of revenue for CPR, combining to represent 25% of total revenues. We are pleased to report a 35% increase in Board of Directors contributions a key indicator of the Board s commitment to CPR s mission and future growth. Finally, we received unanticipated revenue from a grant to support our National Task Force on Diversity as well as contributions to support CPR FY13 GROSS REVENUE SOURCES 2% 1% 2% 8% Dale L. Matschullat counsel to develop the most effective methods for resolving the Joseph T. McLaughlin Award CPR Student Article Award, which is funded through % 7% 36% 21st Century business disputes. The dedication to 3% 1% CPR s future looks bright as we aggressively pursue CPR s original mission is evident through the many 34% new sources of revenue and additional grant funding organizations that contribute their time and financial resources to CPR. This support, along with the stewardship of our Board of Directors and for our international work. Our investment in innovative tools, such as on-line dispute resolution, will provide opportunities for growth in an everchanging legal environment where creative solutions management is essential to CPR s continued growth Membership and strong finances. Corporate Leadership are essential for success. We remain committed to Award Dinner A decrease of 9% in overall revenues for the fiscal year ending June 30, 2013 was expected and is attributed continuing to offer our members cutting-edge, relevant and meaningful resources. Grants Contributions to two-year restricted grants that were recognized as Meetings & Sponsorships We greatly appreciate the financial contributions, temporarily restricted income in FY12. Membership Dispute Resolution Services leadership and service of our members and donors. dues still represent the single largest source of our Panels With their continued support, we look forward to income at 36% and were relatively stable compared Training sustained growth and profitability in fiscal year 2014 to the previous year. The Corporate Leadership Publications and beyond. Award Dinner is the second largest revenue source Other for CPR, representing 33% of overall revenue. For the Sincerely, second year in a row, this special event raised over one million dollars to support CPR s research and programs. Program fees, including meetings and sponsorships, dispute resolution services, panelist fees, training and publications, remain a stable source Dale L. Matschullat Chairman CPR s Finance Budget & Audit Committee 31