Conna Weiner uses her diverse global and U.S. experience to assist her clients in three areas:
Conna serves as an informed, cost-conscious independent arbitrator in connection with many different types of disputes. She understands that businesses and individuals generally prefer fair and fast results so that they can get back to running their businesses, institutions or lives. Her philosophy of arbitration management is deeply influenced by the principles set forth in the College of Commercial Arbitrators Protocols on Expeditious, Cost-Effective Commercial Arbitrations (available in my Resources section). She makes a significant and on-going effort to understand the full extent of the factual and legal issues presented by the case as early as possible, including before the all-important preliminary hearing where scheduling, discovery, and possible bifurcation and dispositive motions are discussed in collaboration with the parties. In addition, fully and conscientiously cognizant of the fact that an arbitration award is generally final, at appropriate points along the way she attempts to let the parties understand her preliminary thoughts and concerns so that they have an opportunity to address those subjects and present their cases in the best and most relevant manner. She has served in all of the classic arbitrator roles: sole arbitrator, on panels as a neutral party appointed “wing” arbitrator charged with choosing chairs in collaboration with the other party-appointed arbitrator, and as chair of a tribunal.
Conna understands why and how internal and external contracts, alliances, collaborations and employment arrangements of all kinds get done or fall apart. She has been in countless negotiations concerning contractual arrangements or various other types of projects and initiatives of all shapes and sizes with many different types of parties in both the profit and nonprofit worlds. This experience is helping her as a mediator in quickly appreciating what is really important to the parties, moving them toward a constructive dialogue and helping them find their own creative solutions to their problems. She emphasizes the critical importance of preparation and discussion with all of the parties individually before the actual mediation session (s), and works persistently to help the parties find a mutually agreeable solution before, during, and in the course of follow up after the mediation.
3. ADR/Facilitation Consulting:
Conna can advise clients on the advantages and disadvantages of various forms of dispute resolution and dispute resolution clauses in contracts. She has given much thought to dispute resolution clause drafting in her career and is continuing to develop her experience with systematic conflict resolution design within corporations and institutions.
Conna can also facilitate meetings and discussions within corporations and other workplaces on issues creating institutional conflict.
Alternative Dispute Resolution Experience
As an advocate:
At Paul, Weiss, end-to-end representation of clients in three-year, ad hoc arbitration involving complex international commercial dispute resulting in 2 week hearing before retired federal appellate judge.
Involvement in significant ICC arbitrations while at Novartis and assessment of best strategies and practices for dispute resolution within the corporation (early case evaluation, dispute resolution clause drafting, arbitration vs. mediation, etc).
As a neutral:
- Party-appointed neutral arbitrator in patent/know-how licensing and trade secret molecular biology dispute
- Sole arbitrator in dispute over valuation of private shares in biotechnology company
- Sole arbitrator in significant contractual dispute between health plan and pharmacy benefit management plan
- Applications for emergency relief in connection with termination of health providers from health plan
- Sole arbitrator in research and manufacturing agreement dispute
- Sole arbitrator provider-health insurer mental health coverage dispute
- Neutral party-appointed arbitrator for panel in connection with breach of partnership agreement and fiduciary duty by law firm partner
- Sole arbitrator in connection with complex dispute between selling family trust and individuals and purchasing companies relating to indemnification and earn out provisions
- Franchise terminations
- General commercial
- Debtor creditor disputes
- Several significant attorney-client fee dispute arbitrations
- Health system and therapeutic hardware/software supplier dispute
- Diagnostics sales agency and distribution agreements dispute
- False advertising (significant federal case involving pharma companies under US Federal Lanham Act)
- General commercial contracts
- Personal Injury
Alternative Dispute Resolution Training
- “The Power of Dialogue,” multi-day core facilitation course of the Public Conversations Project, Fall 2015
- “Accelerated Route to Fellowship,” Chartered Institute of Arbitrators, multi-day international arbitration course with evaluated panel participation and award-writing exam (awarded status of Fellow)
- Facilitation Skills for Mediators, Cambridge Dispute Settlement Center training, run by the Public Conversations Project, 2015;
- Health Care Arbitration, American Health Lawyers Association, 2015;
- Pursuant to confidentiality and party/AAA agreements, in my capacity as an AAA Higginbotham Fellow and over the past few years, I have had the unique opportunity to observe 4 significant, complex AAA arbitrations, which included one before a three arbitrator panel and two additional sole arbitrator arbitrations, involving construction, music industry, law partnership and patent infringement disputes;
- AAA Fundamentals and Best Practices for AAA Arbitrators, 2013;
- Appointed AAA 2013 Higginbotham Fellow for up and coming diverse ADR professionals—week long training in arbitration and mediation rules, techniques, ethics; mentor assigned from AAA National Board;
- Linda Singer and Michael Lewis program through Center for Dispute Settlement and JAMS: Advanced Commercial Mediation, intensive 3 day training, May 2013;
- AAA Essential Skills for the New Mediator, 2012;
- AAA Payer-Provider Arbitration Rules training, 2010;
- Mediation Services of North Central MA and Mediation Works, Inc. mediation training and observations.