The third and final part of the morning-long Commercial Finance and Dispute Resolution Symposium at the recent ABA Business Law Section Annual Meeting was a discussion, among audience and experts, of some hypotheticals implicating the obligations of attorneys who negotiate dispute resolution clauses and who represent clients in ADR procedures.
The experts were Stan Sklar of Chicago and Alex Wald of Boston’s Cohen and Gresser. The audience included some of the sharpest minds in commercial negotiation and dispute resolution. And the hypos brought out some clever analysis, even if not every one led to clarity. The scenarios, and a capsule of the discussion of each, follow.