This posting is the second in an ongoing series written by Niki Borofsky, Vice President of Membership, focusing on CPR Members and ways to make the most of CPR Member Benefits.
For 40 years, CPR has been bringing together in-house counsel, outside attorneys, academics and neutrals to think creatively and forge new tools, better rules, and improved processes – all with the goal of making dispute resolution more cost effective, more efficient, and better for business in the long run.
As an independent, not-for-profit think tank and dispute resolution services provider, we have the unique ability to convene all stakeholders and pick the brains of experts from every perspective.
CPR’s corporate members bring the practical in-the-trenches advice on how they use ADR, law firm advocates speak from decades of practice in multiple jurisdictions, our neutrals illuminate what is integral to their decision-making processes, and academics inject research and theory into the equation. The result is a collection of products that have been vetted, approved and road tested by businesses and top practitioners.
A Menu of Options for All Levels of Expertise
The fruits of CPR’s committees’ labors are available to members through our website. The first step is to register for our website (if you have not already done so). Once you are registered and logged in as a member, these time and money-saving tools are all at your disposal free of charge, so be sure to bookmark our Resource Center on your browser.
Start with the basics.
Even if you are a master of dispute resolution yourself, there are likely other teams or lawyers in your organization who may benefit from learning the ropes. CPR’s resources can help you to bridge the gap and give you an excellent platform to share how important careful dispute resolution clause drafting is to sustaining a business relationship through difficult times. Having thoughtful contractual dispute resolution mechanisms in place is key should conflict arises, and these choices are made when drafting.
- Learn the essentials by taking our ADR 101 course
- Peruse our Early Case Assessment Toolkit
- Watch the beginners-level webinar on ADR Clause Drafting
Hone in on industry-specific learning.
The classic lawyerly response to even the most straightforward question is often – “It depends.” And rightly so, different parties and diverging matters require special consideration. Thankfully, CPR has had the time, expertise and focus to explore a variety of ADR solutions that are tailored to particular industry challenges and constraints.
- For troubles that arise when you are building a multi-billion dollar project and time is of the essence, check out the CPR Rules for Expedited Arbitration of Construction Disputes
- Negotiating a valuable IP contract? Think about using CPR’s Patent Arbitration and Mediation Model Clauses
- Pulling together an IT joint venture? Explore the possibility of encouraging partners to sign CPR’s Information Technology Industry Dispute Resolution Commitment
Resort to the Rules.
For corporations and practitioners, one of the most concrete and powerful resources CPR has to offer (not just to members, but to all parties) is the 2014 Rules for Administered Arbitration of International Disputes. These rules benefit from CPR’s emblematic multi-stakeholder engagement, and as a result encompass best practices and are streamlined, high-quality and cost effective.
Of course, the best wat to familiarize yourself with the Rules is by reading them, skimming their Key Features, and flipping through the Frequently Asked Questions. To whet your appetite, here are a few of the most talked-about features:
- Screened Selection Process (Rule 5.4), which enables parties to appoint arbitrators without them knowing who chose them (winner of the 2016 GAR Innovation Award)
- Default reasoned award requirement (Rule 15.2), enhancing enforceability and discouraging unprincipled “baby-splitting”
Parties also like to know that administration of all CPR cases is handled by qualified attorneys with multilingual skills (our staff speaks French, Portuguese and Spanish).
CPR has a lot to offer, and we are always happy to help guide you through our ADR resources – including scheduling a webinar or presentation for your organization on any of our rules, tools or services.
Niki Borofsky can be reached at email@example.com or 646.753.8225.