Neutral Corner - April 2007

Maintaining Arbitrator Confidentiality

Terri L. Reicher*

Arbitrators often hear that they should not discuss cases with anyone but their co-panelists, either during the case or after it concludes. Confidentiality protects the parties, the arbitrators' award and the integrity of the arbitration process. Canon VI(B) of the Code of Ethics for Arbitrators in Commercial Disputes states that:

Unless otherwise agreed by the parties, or required by applicable rules or law, an arbitrator should keep confidential all matters relating to the arbitration proceedings and decision.

How Can An Arbitrator Breach Confidentiality?

Arbitrators can knowingly breach confidentiality in obvious ways, like discussing a case with a party or party's counsel, or with any other person, even a family member. An arbitrator can unknowingly breach confidentiality, as well. Here are some examples:

  • Discussing a case with a co-panelist at a social or professional event, a sporting event, a mall, an airport-any place within hearing distance of a third party.
  • Discussing the facts of a case, even if you do not mention names. In the area of securities arbitration, the community of legal professionals and arbitrators is small; those present at a social or professional event may know the discussed case and the parties involved.
  • Responding to a request from an attorney to evaluate his or her performance in the arbitration (this may come up in an attorney malpractice case), or to evaluate the credibility of a particular witness. Disclosing these opinions necessarily discloses the arbitrator's views of the case.

Why Is Confidentiality So Important?

Confidentiality is the obligation that the law imposes on arbitrators in return for immunizing them from questioning after an award is issued. Arbitrators enjoy some of the same privileges and immunities accorded to judges because they perform a similar function. Like judges, arbitrators cannot be questioned about the basis of their decisions. Without this immunity, every losing party in an arbitration case would be able to attack the award by compelling the arbitrator into court for cross-examination about his or her reasoning.

What are the Dangers of Breaching Confidentiality?

The arbitrator's immunity from post-award questioning can be waived when an arbitrator has voluntarily discussed the case and disclosed his or her reasoning, or disclosed communications with other panel members, to someone outside of the panel. Breaching confidentiality not only waives the protection for that arbitrator, but it may also waive protection for the other panel members, even if they did not breach confidentiality.

Breaching confidentiality also undermines the validity of the arbitration award by giving a dissatisfied party a possible basis to seek judicial review of the award. The law allows for vacatur of awards for arbitrator bias, evident partiality or other misconduct. A court could deem an arbitrator's breach of confidentiality to provide evidence of such bias, evident partiality or misconduct.

How Can You Protect Yourself and Your Co-Panelists?

  • Do not discuss a case with anyone except your co-panelists, or NASD Dispute Resolution (NASD) staff where appropriate. Do not volunteer the fact that you are sitting on or have sat on an arbitration case. If you must disclose the case for professional purposes, your disclosure should be limited to the existence of the case, the parties (if necessary for conflict-of-interest checks) and the case schedule, if relevant. Despite this limitation, an arbitrator must fulfill his or her disclosure obligation under the NASD Code of Arbitration Procedure.
  • Avoid any contact, even incidental, with involved parties or their counsel outside of hearings or conferences. If any contact occurs, the arbitrator who engaged in the ex parte contact should disclose to the chairperson or assigned NASD case administrator that the contact took place and the nature of the contact. The arbitrator should reduce the disclosure to writing and place the disclosure on the record.
  • After the case is over, avoid all contact with the parties or their counsel. If you are contacted by any of the participants, advise the person that you cannot speak and refer the caller to the NASD regional office that administered your case. Next, immediately contact NASD and advise the assigned case administrator that a case participant contacted you directly. Do not call your fellow arbitrators to ask if they have been contacted.
  • If you receive a subpoena for documents or testimony in a motion to vacate or confirm an award, immediately contact the NASD regional office that administered your case. Do not discuss the subpoena with anyone else. Arbitrator depositions rarely occur, but the first question will be: "have you discussed this matter with anyone?" A "yes" answer makes it likely that the other person also will be subpoenaed.

While problems concerning arbitrator confidentiality seldom arise, should such a problem occur, NASD provides legal representation to arbitrators who are sued or subpoenaed for actions that arise from their service on an arbitration case.

*Terri L. Reicher is an Associate Vice President and a litigation attorney in NASD's Office of General Counsel. Ms. Reicher joined NASD in 1993 and represents NASD Dispute Resolution, staff and occasionally, arbitrators, in lawsuits and depositions arising from arbitration cases.

Benefits of Being an NASD Mediator

Julie Crotty, Assistant Director of Mediation

NASD has successfully established itself as the pre-eminent forum in securities mediation, and offers many benefits to mediators who mediate through its forum. NASD carefully screens applicants before admitting them to its roster, educates mediators to comply with NASD rules, and surveys its constituents to ensure that parties receive both high quality service from its neutrals and NASD. The stronger NASD's mediators are, the stronger NASD's mediation program is.

Benefits of Being an NASD Mediator Include:

Marketing

Individual Cases - NASD solicits interest in mediation on individual cases, explains the process in detail and helps match appropriate mediators. NASD places its mediators on lists for the parties and counsel to consider, and maintains and provides Mediator Disclosure Reports with the mediator lists. At the request of parties and with the mediator's permission, NASD also supplies references.

General Marketing - NASD has a systematic approach to raising the awareness of parties and their counsel to mediation, educating them about the process and inviting them to mediate their disputes. NASD requires the forum's arbitrators, during prehearing conferences, to remind parties of the mediation option. NASD sends strategically timed letters to parties and their counsel inviting them to mediate. Moreover, NASD designs and distributes informative fliers and brochures, attends conferences to educate constituents, publishes articles and provides comprehensive information on its Web site. All of these activities are enhanced by the knowledgeable NASD Mediation staff who are available to answer any additional questions.

NASD also sponsors special promotional events, such as Mediation Settlement Month, which occurs each October. These marketing efforts foster understanding, growth and acceptance of the mediation process in the securities industry.

Administrative Services

Administration - NASD offers administrative assistance to help its mediators keep their focus on their mediations and not the day-to-day task of maintaining their cases. NASD's knowledgeable and skilled mediation administrators assist with negotiating the time, place, price and other terms of the mediation. They solicit parties for mediation, generate interest in the process, get parties to the table, schedule the session, handle the billing and collection, and facilitate communication with the arbitration staff. NASD also talks with parties and their representatives to dispel myths about the process, explains how the process works, educates them about preparing for the mediation process and clarifies miscommunications between the parties that would otherwise prevent them from getting to the table.

Evaluations - NASD provides evaluation forms to the parties. These completed evaluations enable the mediation staff to give NASD mediators feedback, which improves the mediation program. NASD encourages its mediators to remind the parties about the importance of completing and submitting their evaluations

Logistical Help - NASD also provides mediation space in its regional offices and helps mediators find space for their mediations throughout the country.

Collection Services - NASD collects fees prior to the mediation so it can promptly pay its mediators upon completion of the mediation. NASD also pursues fees vigorously on behalf of its mediators if the parties delay paying any additional monies due following a mediation.

Tips for NASD Mediators

Update Mediator Profile Online - For mediators who are trying to get their first NASD case assignment, as well as for those who are experienced, it is important to keep your mediator profiles updated. Your Mediator Disclosure Report is a useful marketing tool because NASD sends it to the parties whenever the staff places a mediator on a mediator list. The parties and their counsel tend to look for relevant experience and often for subject-matter knowledge.

Mediators are more marketable when they keep current the number of cases mediated, the types of mediations they conduct and their settlement percentage rate. By keeping their Mediator Disclosure Report current, the mediator and NASD avoid a negative reaction to the mediator, and sometimes to the process itself, that can arise if parties perceive a conflict after choosing or working with a mediator.

NASD now offers you the ability to request a copy of your NASD Mediator Disclosure Report and to update it online at http://www.nasd.com. You can find it by clicking on "Arbitration & Mediation," "Resources for Neutrals," and then "Case Related Information and Forms."

Networking - NASD mediators can attest that it is not easy to meet NASD's criteria and be accepted to NASD's Mediator roster. Mediators must demonstrate that they have relevant experience, extensive training and strong endorsements from parties. Parties value the "stamp of quality" associated with being an NASD mediator.

A mediator's acceptance on NASD's mediator roster, however, does not guarantee selection to mediate a case. Parties and their counsel generally prefer NASD mediators they trust based on prior working relationships or a recommendation from someone they respect. To gain access to that circle of trust, mediators should network and establish relationships with key people in NASD's various constituent groups. Mediators can participate in relevant bar or professional association committees, and attend or serve as faculty at educational events.

To facilitate networking, NASD coordinates focus groups and roundtables. NASD highly recommends that mediators attend these functions to foster interaction with parties and their representatives.

Mentoring - Finding a mentor remains one of the most effective ways to break into the field. Meeting parties, their representatives, and learning the ropes from someone who is highly regarded in the field are excellent ways to get started. NASD does not have an established mentoring program, but the staff strongly encourages established NASD mediators to consider assisting their less experienced colleagues to help maintain the success of securities mediation and lay the foundation for the next generation of mediators.

NASD encourages its mediators to reach out to the staff. NASD also requests that mediators provide feedback and ideas to improve NASD's mediation process. NASD's mediation staff looks forward to working collaboratively with its neutrals to remain a leading force in the field.

Please feel free to contact your Mediation Administrator, or contact Ken Andrichik at [email protected] or Julie Crotty at [email protected]. NASD appreciates input from members of its roster.

Dispute Resolution News

Training on the Revised Codes of Arbitration Procedure

With the recent approval of the NASD Code of Arbitration Procedure for Customer Disputes and the NASD Code of Arbitration Procedure for Industry Disputes (new Codes), NASD launched a mandatory online training program for NASD arbitrators to address the new Codes. The mandatory course is free to all NASD arbitrators. The new Code training provides background information about the new Codes and discusses the key, substantive changes of the Customer Code, with related Industry Code highlights.

The new Codes became effective on April 16, 2007, for all cases filed on or after that date. The list selection provisions of the new Codes, however, will apply to previously filed claims in which a list of arbitrators has not yet been generated and sent to the parties, or in which an entirely new list of arbitrators must be generated. Arbitrators are encouraged to complete the training as soon as possible, and certainly before serving on any case governed by the new Codes.

NASD also offers this course to the general public. Although the course was written for arbitrators in NASD's arbitration forum, NASD believes that all users of the forum can benefit from the training. This course is available to other users for a registration fee of $100.

Course Description

The course is approximately two hours long, and, for arbitrators, includes a mandatory 20-question true/false test. There is no minimum test score; however, you must complete and submit the test for a score in order to receive course credit. At the end of the test, be sure to select the End Assessment button to successfully submit your test to be scored. Once you complete the course, NASD will automatically update your Arbitrator Disclosure Report to reflect that you have taken this important course.

System Requirements

This course is accessible only on a PC using Internet Explorer. The program will not work with any other browser. For MAC users, NASD is diligently working to provide this course in a compatible format. As a temporary remedy, NASD can provide a print version of the course. If you wish to receive a print version, please send an email request to Jisook Lee at [email protected]. In your email, please include your name, mailing address and arbitrator identification number. Be sure that the subject line reads "Request for Printed Copy of Code Training" so that your email stands out.

Enrollment Instructions

NASD arbitrators and other users may register by completing and submitting the online enrollment form found on NASD's Web site at www.nasd.com. When you reach NASD's home page, please select the Arbitration and Mediation tab. On this page, please select the Arbitrator Training link. On that page, you will see a description of the course and enrollment instructions.

Upon submission of the registration form, you will receive an initial email confirming your registration. Within 48 hours, you will receive a second email containing your login identification and password. NASD arbitrators must have their arbitrator identification number on hand at the time of registration to avoid the $100 registration fee.

SEC Approvals

On January 3, 2007, the SEC approved a rule change affecting the issuance of subpoenas. This rule provides that only arbitrators may issue subpoenas in the NASD forum, whether for discovery or for the appearance at a hearing before the arbitrators. In addition, this rule requires a party to provide notice to all other parties that it has received documents in response to a non-party subpoena and to provide copies of those documents at the request of another party. NASD clarified that in most cases, a public arbitrator will rule on all motions requesting subpoenas. Also, the rule authorizes the arbitration panel to determine the amount of costs incurred as a result of subpoenaed documents and by whom such costs will be borne.

On January 16, 2007, the SEC approved a rule change to provide payment of a $200 honorarium per case for each arbitrator who considers contested motions for the issuance of subpoenas.

Notice to Members 07-13 addressing both rule changes contains the text of Rules 10322 and IM-10104, and was published in March 2007. The rules became effective on April 2, 2007. For additional information on these rules, please visit our Web site at http://www.nasd.com.

Sixteenth Annual NASD Spring Securities Conference May 22 - 24, 2007

NASD's Sixteenth Annual Spring Securities Conference will take place May 22-24, 2007, in Chicago, Illinois. A session on Dispute Resolution will take place on Thursday, May 24. The session includes discussions of NASD's current initiatives in securities dispute resolution including: key changes in NASD's new Codes, the impact of the new subpoena rules, and the Discovery Arbitrator pilot program. Linda Fienberg, President of NASD Dispute Resolution, will moderate the panel discussion in which Tracy Allen, NASD Arbitrator; Mark Maddox, attorney for the law firm of Maddox Hargett & Caruso; James A. Tricarico, Jr., General Counsel for Edward Jones; and Richard Berry, Vice President and Director of Case Administration of NASD Dispute Resolution, will participate. During this interactive session, attendees will be divided into small groups to address problems illustrated by short case studies. Neutrals are encouraged to attend this session and to engage in its problem-solving activities.

Visit NASD's Website at http://www.nasd.com for more information about its Spring Securities Conference.  Click on "Upcoming Conferences & Events," "Securities Conferences," and then "Spring Securities Conference" to enroll.

Arbitrator Call-In Workshop

On March 1, 2007, Linda Fienberg and Richard Berry hosted a Call-In Workshop for the forum's arbitrator roster. Ms. Fienberg and Mr. Berry discussed the new Codes, the impact of the two new rules governing the issuance of third party subpoenas, and the consolidation of NASD with the New York Stock Exchange and its possible impact on the Dispute Resolution forum. A total of 1675 arbitrators participated in the Workshop. An audio recording of the Workshop is available on our Web site. Please visit http://www.nasd.com and click on "Arbitration & Mediation," "Resources for Arbitrators and Mediators," "Other Information," and then click on "Phone-in Workshops." The workshop is free for arbitrators on NASD's roster.

As of mid-March, over 2,000 arbitrators had listened to the live or recorded Workshop. A list of questions and answers generated by the Workshop are posted on the "Ask NASD" section of our Web site. Please feel free to provide us with feedback on the Workshop, or suggest a future topic to be discussed, by sending an email to [email protected] or by calling Shari Sturm at (202) 728-8828.

NASD Small Firm Conference Series in Los Angeles and New York City

NASD recently hosted two Small Firm Conferences. The first Small Firm Conference of 2007 was held in Los Angeles on February 22, 2007. John Ohashi, NASD arbitrator; Sam Edgerton, attorney for the law firm Edgerton & Weaver; and Judith Hale Norris, Regional Director of NASD Dispute Resolution's West Regional Office, participated in the Los Angeles conference.

The second Conference was held in New York City on March 14, 2007. Ernest E. Badway, NASD arbitrator and member of the law firm of Saiber Schlesinger Satz & Goldstein; Roger R. Crane, NASD Arbitrator and partner at the law firm of Nixon Peabody; and Shari L. Sturm, Director of Constituent Relations of NASD Dispute Resolution, participated in the New York conference.

During these conferences, the following topics were discussed: how to evaluate new claims; whether to hire an attorney when a small firm is named in an arbitration proceeding; discovery practice in arbitration; how to select an arbitration panel; common misconceptions about mediation; and NASD's discovery arbitrator pilot.

The Small Firm Conference Series continues in Boston on July 17, 2007, and in Chicago on September 24, 2007. NASD's Small Firm Conferences are designed specifically to provide employees of small firms with an opportunity to identify best practices and to share their common experiences, as well as to learn about and discuss updates on the latest securities regulations.

Details about the Small Firm Conference in Boston are now available online. Information about the Small Firm Conference in Chicago will be posted online by July 2007. Visit NASD's Website at www.nasd.com for more information about its Series. Click on "Education & Programs," "Conferences," and "Small Firm Conference Series" to enroll.

Arbitrator Tip: Identify the Hearing Participants

When entering a conference room on the first hearing day, it is unlikely that an arbitrator will know the identities of everyone in the room. The arbitrator should introduce him or herself by name, and request that others in the room do the same. Once all participants are identified, the arbitration panel should politely ask all in attendance to wait outside the conference room until all participants have arrived for the hearing to begin.

Once the hearing begins, the parties and their representatives are entitled to attend all hearings. Absent persuasive reasons to the contrary, expert witnesses should be permitted to attend all hearings. The panel will decide who else may attend the hearing.

Arbitrators should not speak directly with the parties, their counsel or representative, or witnesses outside of the hearing room. This includes communication while using the elevators, restrooms or coffee stations. An innocent conversation, however innocuous, has the potential to create an appearance of bias. Since arbitrators must be impartial both in fact and in appearance, arbitrators are wise to maintain a formal demeanor.

To increase the effectiveness of the hearings, arbitrators should review the current version of

available on our Web site before serving on each new case. Depending on whether the case is being heard by one or three arbitrators, the Chairperson should also bring to the hearing either the Hearing Procedure Script - Single Arbitrator Case or the Hearing Procedure Script - 3 Member Panel. Prior to the formal opening of the hearing, the Chairperson should elicit the names of all persons in attendance and their relationship to the parties (e.g., attorney for claimant, respondent's witness, etc.). The arbitrator assigned to record exhibits should also keep a daily attendance list and ensure that it is kept accurately.

Arbitration is a confidential process among the participants. It is the panel's duty to know each person present in the hearing room. Although infrequent, individuals with no apparent relationship to the case may attempt to observe the hearing (e.g., a journalist, claimant's latest broker, respondent's current employer). Before issuing a ruling on who may attend any or all of the hearings, the arbitration panel should hear from the parties on the issue. After the parties have provided their input, the arbitrators should politely ask the parties to leave the room, turn off the tape recorder, and privately deliberate on the matter in an executive session. Only when the panel is ready to state its ruling on the record are the parties invited back into the hearing room and the recording of the hearing resumes.

Arbitrator Tip: Ensuring that Arbitration Hearings are Properly Recorded and Hearing Tapes are Properly Marked

Most arbitration hearings conducted under the auspices of NASD Dispute Resolution are recorded using a standard tape recorder and cassette tapes. Unfortunately, hearings are not always recorded properly; at times, the tapes are either blank or inaudible. NASD is currently piloting the use of digital recordings in its West Regional office, and hopes to use this technology in each of its hearing locations. In the meantime, please review the following tip on how to record the hearing properly using a standard tape recorder and tape cassettes.

One arbitrator should be assigned the task of operating the tape recorder. That arbitrator should ensure that the equipment is functioning properly each time a new cassette is inserted or a tape cassette is flipped to a new side. This is essential to ensure that all testimony is preserved. The assigned arbitrator should also make sure the tape is audible. If possible, move the recorder near the person who is giving testimony. NASD appreciates its arbitrators' cooperation and assistance in ensuring the proper recording of arbitration hearings.

In addition, NASD wishes to remind its arbitrators that each hearing tape cassette should be labeled with the case number, date of the hearing and tape number (i.e., tape #1, tape #2, etc.). Adhering to this practice will assist NASD staff in locating a particular tape after a hearing has concluded.

Question and Answer: Deciding a Motion for Sanctions

Question: May a panel defer its decision on a Motion for Sanctions until the hearing on the merits?

Answer: Yes, it is within the panel's discretion to determine when to issue a decision on a motion for sanctions. A majority of the panel must agree to issue sanctions. If the panel defers its decision on a motion for sanctions until the hearing, it should remember to revisit the issue before the conclusion of the case.

Rules 12212 and 13212 of the new Codes of Arbitration Procedure, effective for cases filed on or after April 16, 2007, codify the sanction options currently available to arbitrators in the Discovery Guide. The revised rules allow for sanctions for non-compliance with any of the panel's prior orders or provisions of the new Codes. Possible sanctions include, but are not limited to: assessment of monetary penalties; precluding a party from presenting evidence; making an adverse inference against a party; assessing postponement and/or forum fees; and assessing attorneys' fees, costs and expenses.

Question and Answer: Arbitrator Classification and a Family Member's Internship

Question: Will my classification as a public arbitrator be effected if my son accepts a summer internship with a brokerage firm? Does it matter whether the internship is paid or unpaid?

Answer: Yes, this summer internship does effect your classification as a public arbitrator. Under Rules 12100(u)(7) and 13100(u)(7) of the Customer and Industry Codes, respectively, children are considered immediate family members. If any member of an arbitrator's immediate family accepts employment with a brokerage firm-even if the employment is a summer internship-the arbitrator may not be classified as public for a minimum of five years after the termination of such employment, regardless of whether the internship is paid or unpaid. The family member does not have to be a member of the arbitrator's household for the rule to apply. For additional information, see Rule 10308(a)(5)(A) and (B) of the old Code (effective for cases filed prior to April 16, 2007), and Rules 12100(p) and (u) of the Customer Code, and Rules 13100(p) and (u) of the Industry Code, effective for cases filed on or after April 16, 2007.

Julie Crotty, Assistant Director of Mediation Joins The Neutral Corner's Editorial Board

I am pleased to announce that Julie Crotty, Assistant Director of Mediation, is now a member of The Neutral Corner's Editorial Board. Ms. Crotty joined NASD Dispute Resolution in August 2004 and brings an abundance of knowledge and experience in mediation to the Editorial Board. After earning her law degree and a master of business administration at Cornell University, Ms. Crotty worked as a mediator for the New York City Commission on Human Rights and with the U.S. Equal Employment Opportunity Commission. She also helped design, implement and market a new mediation program at the New York City Office of Administrative Trials and Hearings. She has conducted mediation trainings and given seminars on employment law issues around the country. She recently created an award-winning public service announcement promoting mediation. Welcome aboard Julie!

Regional and Mediation Updates

Northeast Regional Update

On June 5, 2007, Elizabeth Clancy, Vice President and Regional Director of the Northeast Region, and Richard Berry, Vice President and Director of Case Administration, will serve as panelists at "Securities Arbitration & Mediation Hot Topics 2007: 'The' Program For Attorneys, Experts, Arbitrators & Mediators," hosted by the New York City Bar. The program will examine the new Customer and Industry Codes, consolidation of NASD and NYSE, Employment Disputes, Liability Theories and Defenses, Ethical Issues and Settlement Strategies and Mediation. The program provides NYS CLE credit: 2 1/2 credits in professional practice and half a credit in ethics. Additional information regarding this program may be found at www.nycbar.org.

During the next three months, the Northeast Regional Office will conduct in-person Basic Arbitrator Training* in these cities on the following dates:

  • New York, New York - May 7, 2007
  • Boston, Massachusetts - June 26, 2007
  • Philadelphia, Pennsylvania - July 16, 2007
  • New York, New York - July 26, 2007

Please contact Cheree White at (212) 858-4063 if you are interested in attending a Basic Arbitrator Training program in any of these cities.

Midwest Regional Update

On May 15 through 18, the 3rd National Conference of Minority Professionals in Alternative Dispute Resolution (ADR) will take place in Columbus, Ohio, at the Greater Columbus Convention Center. This conference, presented by Capital University Law School, offers an exciting agenda to accommodate various levels of ADR experience. In addition to 12 pre-conference trainings, this year's conference includes more than 60 workshops, panel discussions and presentations. This conference provides great networking and informational opportunities.

On May 15th, as part of the pre-conference trainings, NASD is offering onsite Basic Training. On May 16th, in an effort to further diversify NASD's roster of neutrals, Arbitrator Benjamin B. Segel and Director of Constituent Relations, Shari L. Sturm, will recruit arbitrator applicants and provide a presentation on NASD Dispute Resolution that includes hot topics in arbitration and mediation. If you would like to receive additional information regarding this program, visit http://www.law.capital.edu/ADR/Subscribe.asp to subscribe.

During the next three months, the Midwest Regional Office will conduct in-person Basic Arbitrator Training in these cities on the following dates:

  • Milwaukee, Wisconsin - May 16, 2007
  • Cleveland, Ohio - June 20, 2007
  • Minneapolis, Minnesota - July 11, 2007

Please contact Deborah Woods at 312-899-443 or at [email protected], if you are interested in attending a Basic Arbitrator Training program in any of these locations.

Southeast Regional Update

During the next two months, the Southeast Regional Office will conduct the in-person component of NASD's Basic Arbitrator Training Program in these locations on the following dates:

  • Birmingham, Alabama May 15, 2007
  • Washington, D.C. June 5, 2007

Please contact Lanette Cajigas at (561) 447-4911 or at [email protected], if you are interested in attending an onsite Basic Arbitrator Training program in any of these locations.

West Regional Update

California Local Counsel Rule

Please note the following change to NASD's procedure with respect to California cases with out-of-state counsel:

Effective immediately, NASD will send all case-related correspondence to out-of-state counsel. Previously, NASD sent all correspondence only to the California attorney serving as attorney-of-record. The California attorney was then required to send the correspondence to out-of-state counsel. Also effective immediately, out-of-state counsel should forward any future correspondence pertaining to this matter to the California attorney-of-record, as well as advise the California attorney of any important events which occur during the case.

During the next three months, the West Regional Office will conduct in-person Basic Arbitrator Training programs in these locations on the following dates:

  • San Diego, California May 15, 2007
  • San Francisco, California June 12, 2007
  • Denver, Colorado July 10, 2007

Please contact Tiffany Hansmann at (213) 613-2684 or at [email protected], if you are interested in attending a Basic Arbitrator Training program in any of these locations.

* NOTE: Participants must successfully complete the online portion of basic arbitrator training before attending the onsite training program. Please visit the Arbitrator Training page of our Web site at www.nasd.com for more information about basic arbitrator training. Generally, NASD requires a minimum of nine attendees in order for an onsite session to be held. Registration will be closed once a session reaches the maximum of 25 attendees.

Mediation Update

ADR in Bloom - The 9th Annual ABA Section of Dispute Resolution Spring Conference took place in Washington, D.C., from April 25 through April 28. Ken Andrichik, Senior Vice President and Director of Mediation & Business Strategies, participated in a panel entitled "ADR Providers Walking the Talk," in which Mr. Andrichik joined Neal Blacker, The International Institute for Conflict Prevention and Resolution; Joan Calcagno, U.S. Institute for Environmental Conflict Resolution; Cynthia Hawkins-Leon, Stetson University College of Law; Peter Salem, Association of Family and Conciliation Courts; and Marvin Johnson, JAMS. He also participated in a panel entitled "The Role of ADR in Global Capital Markets," in which Mr. Andrichik joined Nancy M. Thevenin, ICC International Court of Arbitration and June McLaughlin-Cheng, NASD Arbitrator and London-based mediator and lawyer.

Mr. Andrichik will participate in the Association for Conflict Resolution Greater New York Chapter's Annual Conference on June 15. The theme for the 2007 conference is "ADR: Finding Quality." The conference takes place at Benjamin N. Cardozo School of Law in New York City. Mr. Andrichik will serve on a panel on recruiting and maintaining a quality roster of neutral with representatives of other ADR providers including, among others, the Better Business Bureau, American Arbitration Association and ICC International Court of Arbitration. For additional information on this annual conference, visit www.acrgny.org

The Center for Alternative Dispute Resolution's 20th Anniversary Celebration takes place on June 21 - 22. The theme for the 20th Anniversary Celebration is "Managing Conflict and Removing Barriers to Collaborative Decision Making." During the pre-conference workshops on June 20th, NASD is offering Basic Training. On June 21, Mr. Andrichik and Ms. Crotty will give a presentation titled "The Growth of Mediation of Securities Disputes." To learn more about the Center for Alternative Dispute Resolution's Annual Conference, visit www.natlctr4adr.org

NASD invites its arbitrators and mediators to attend any of these events.