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Dispute Resolution: Process Skills v. Subject Matter Expertise
Start Date: 9/5/2019Start Time: 8:00 AM
End Date: 9/5/2019End Time: 10:00 AM

Event Description:

PROCESS SKILLS v. SUBJECT MATTER EXPERTISE IN DISPUTE RESOLUTION:

Should You Choose the Process Expert or the Subject Matter Specialist?  Where and How Does it Matter?

Whether the ADR practitioner, particularly a mediator, must be a subject matter expert continues to be the subject of ongoing debate among neutrals and the users of ADR services.  In many contexts, the answer may well be “Yes”.

For example, providing healthcare is a complex process in a highly regulated industry, in which large and even small mistakes can have life-changing and even life-ending impacts.  Because of the complexity and the gravity associated with its mission and goals, healthcare is fraught with disputes, the resolution of which can have life-or-death consequences.  In this environment, it is generally accepted that ADR, with its efficiency, cost effectiveness and underlying opportunity for non-judicial, party-centric and creative resolutions, is the better path for resolving healthcare disputes. The question is often whether the mediator needs medical or health system expertise to navigate the underlying issues and the particular dispute in order to assist the parties in resolving their differences.

In another context, labor/management relationships are personal and commercial, often highly regulated by many levels of government, and “governed” by corporate policy, culture and personalities.  How important is knowledge of labor and employment law and experience with industry practices, in order for a mediator or other conflict professional to help resolve these disputes?

In this presentation, Joan Hogarth, Susan Salazar and Breakfast attendees will examine the broader question: Is subject matter expertise more or less important than ADR process skills when resolving disputes?  The speakers will provide point-counterpoint, while maintaining the high road of neutrality.  To make their respective cases, they will be relying on examples in healthcare and the labor and employment environments.  The discussion will be open to the attendees for their points and counterpoints.

Join us in sharing your ADR experiences and perspectives on process skills vs. subject matter expertise.

Joan Hogarth is a mediator, arbitrator and attorney whose practice focuses on healthcare and healthcare-related issues.  She regularly serves as guardian ad litem in Surrogate’s Courts and in guardianship cases related to elderly, mentally challenged or disabled persons where her mediation skills have served her well.  She has been a neutral in over 400 disputes related to healthcare (contracts, claims), sexual harassment, employment discrimination of various types, securities, insurance claims, and consumer disputes.

Joan is the current co-chair of the Healthcare Committee of New York State Bar’s Dispute Resolution Section; the immediate past-Chair of the Federal Bar Association’s (FBA) ADR Section; has served as the newsletter editor of the FBA’s ADR Section; a member of the ADR Committee of the City Bar of New York; and is a member of several other Associations to include the American Health Lawyers (AHLA) and the Black Long Term Care Executives.  She has written several articles on various aspects of dispute resolution for the Federal Bar, American Bar Association, and New York State Bar’s Health Law Section; and has presented on healthcare subject matter and the use of ADR in healthcare.  Joan serves as a neutral on several panels: AHLA, FINRA, Eastern District Court of New York, Better Business Bureau and National Center for Dispute Settlement.

Joan is a graduate of Long Island University – Brooklyn Campus and the George Washington University Law School.

Susan Salazar is a partner of Raff & Becker, LLP.  She has practiced in the field of labor and employment law since 1999.  Ms. Salazar is an active member of the New York mediation community mediating wage and hour, employment discrimination, breach of contract and other cases for the federal court in the Southern District of New York. She has also served as a mediator for the New York Peace Institute in New York City Civil Court

Susan was formerly an adjunct professor at CUNY Law School, and coached students in both Brooklyn Law School's and CUNY Law School's mediation clinics.  From 2015 to 2018, she served on the United States District Court Southern District of New York Mediator Advisory Committee. 

Susan has represented both employers and employees in discrimination, harassment, worker misclassification, sexual harassment, wage & hour, disability, breach of contract, arbitrations, mediations, unemployment insurance and other employment related matters before federal and state courts as well as before state and federal administrative agencies  She has also drafted numerous employment policy manuals, conducted legal audits, and counseled employers in investigating complaints of discrimination and harassment.   Additionally, she conducts training programs for management and employees in preventing and/or ending discrimination and harassment in the workplace.

Susan is a member of the New York and New Jersey Bars and an active member of the Dispute Resolution Section of the New York State Bar Association.  She graduated from Rutgers University in 1991, where she was a member of Phi Alpha Theta Honor Society.  She received her law degree from New York Law School in 1997.

Location Information:
New Building - New Building  (View Map)
524 West 59th Street
New York, NY
Room: L.61
Joan Hogarth

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