Roundtable Breakfast - Debunking ADR Myths

 DEBUNKING ADR MYTHS

Professor Elayne E. Greenberg

Impartiality, confidentiality and self-determination are touted to be the absolutes of ADR and the spine of ethical codes for mediators and arbitrators. But are they really absolutes? In this provocative discussion, Professor Elayne Greenberg will discuss the limits of these tenets and how we might more accurately represent such ADR values in our practice and our ethical codes.


Elayne E. Greenberg, is Assistant Dean for Dispute Resolution Programs, Professor of Legal Practice and Director of the Carey Center for Dispute Resolution. She  is an internationally recognized mediator and conflict management consultant who develops programs, conducts dispute resolution  trainings, lectures, writes about dispute resolution practice.. Professor Greenberg’s deep involvement in the field is evidenced by the innovative dispute resolution programs that she has developed and implemented including ABI-St. John’s National Bankruptcy Mediation Training, the Ghana Mediation Training (co-developer and co-trainer, summer 2011 and 2012), the International Sports ADR Training (2012, 2013) and the OSHA Whistleblower Mediation Advocacy Pilot              (consultant). Court-connected mediation programs in Manhattan, Queens, and Nassau Counties, New York; a divorce mediation program for Catholic Charities; a client-focused system for a network of shelters for the homeless designed to help transition those individuals living in shelters to independent living; and the first parenting coordination program for high conflict parents in New York State.

As a mediator, Professor Greenberg has mediated cases for the Department of Justice, Occupational Safety & Health Administration, Equal Employment Opportunity Commission and, New York Unified Court System Surrogate's Court. Professor Greenberg has also mediated cases with disputes involving the following industries: real estate; entertainment; health care; food; transportation; social service; education and retail.

Professor Greenberg scholarship has focussed on ethics and dispute system design. She authors a column, the Ethical Compass, that regularly appears in the "New York Dispute Resolution Lawyer" a publication of the Dispute Resolution Section of the New York State Bar Association.

Professor Greenberg has helped shape the development of ADR by serving on numerous Dispute Resolution Boards including serving as the Chair of the New York State Bar Committee on ADR, board member of ACRGNY  and contributing to the UNCITRAL ODR working group. She has been recognized by Best Lawyers in America as among the top New York lawyers in the field of Alternative Dispute Resolution every year since 2005.. In the spring of 2014, ABI presented Professor Greenberg with the ABI Annual Service Award, the organization’s highest membership award for her extraordinary contributions in developing and conducting the first-ever nationally recognized bankruptcy mediation training program. In 20014, Professor Greenberg was also recognized by the American Registry as among the top 5% of America’s Most Honored Professionals, a cross-industry and cross-profession award to successful professionals recognized for professional excellence.