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Description: The program will discuss experiences in the use of virtual on-line mediations and arbitrations since 2020 and trends going forward, with the question of returning to in-person hearings. We will explore a survey concerning virtual arbitrations recently published by the College of Commercial Arbitrators as well as an analysis by panelist Mark Bunim of his article published in the NY Law Journal about returning to in-person hearings. We will also look at a decision from the U.S. District Court for the Southern District of New York which denied enforcement of an arbitral subpoena where the hearing was to be held remotely.
Our panelists will be Jeffrey Zaino, Vice President of the American Arbitration Assn. who heads up the commercial arbitration division in the metropolitan New York area and will address the virtual vs. in-person issue from the AAA’s perspective and experience.
Mark Bunim, who has been arbitrating and mediating for AAA and others for 18 years, and is director of Case Closure, will focus upon mediations and arbitrations dealing with the insurance industry. Mr. Bunim is Co-Chair of the Insurance Dispute Committee of the NY State Bar Assn., Dispute Resolution Section.
Presenter Bios
Mark J. Bunim has more than 40 years’ experience as an attorney, litigator, mediator and arbitrator. As an arbitrator he has acted as chair, sole arbitrator, or wing arbitrator in dozens of insurance and commercial disputes, both domestic and international, under a variety of rules, principally those of the American Arbitration Association, and other ad hoc rules and procedures. More often than not he has served as panel chair or sole arbitrator.
Mr. Bunim’s arbitrations have involved a vast array of parties and industries, in the United States and in England. The subject matter has frequently been focused on the insurance industry both in terms of its actual business, the relationship between insurers and brokers/agents and disputes between insurance companies and policyholders. Mr. Bunim has also arbitrated a wide variety of commercial cases including contract disputes; partnership and joint-venture disputes, franchise and distribution rights; breach of warranty; executive and other employment disputes; professional liability; accounting disputes; healthcare; and technology disputes.
Mediation is a process in which a neutral mediator is enlisted with the consent of all parties to a dispute, to help them reach a compromise in a confidential setting. It enables the opposing sides themselves, to design and formulate an agreed-upon settlement. Mr. Bunim mediates in areas where he is particularly experienced such as insurance, real estate, business conflicts, family business, and estate-related disputes, employment cases, and construction matters. Mr. Bunim has mediated over 250 matters in many different jurisdictions.
Jeffrey T. Zaino Vice President of the Labor, Employment and Elections Division of the American Arbitration Association in New York. He oversees the operations, business development and panel of arbitrators for the Labor and Employment Arbitration caseloads in New York. He joined the Association in 1990. Mr. Zaino is dedicated to promoting ADR methods and neutral election services for our nation's unions, associations, corporations, and colleges. His professional affiliations include the Connecticut Bar Association, District of Columbia Bar Association, New York State Bar Association, and New York City Bar Association. He has also written and published extensively on the topic of election reform and has appeared on CNN, MSNBC, and Bloomberg to discuss reform efforts and the Help America Vote Act.
 | | Practice Areas: | | Alternative Dispute Resolution, Information Technology Law & E-Commerce, Insurance Law | | | Online Media Type: | | Audio | | | Production Date: | | 06/22/2022 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 31 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Mark J. Bunim - Case Closure, LLC | | • | Jeffrey T. Zaino - Vice President, American Arbitration Association |
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