Insights
Hilfer Law’s 2024 Dispute Resolution Insights: Arbitration and Mediation
December 5, 2024The landscape of dispute resolution is ever-evolgin, presenting new challenges and opportunities. In 2024, Kyle-Beth Hilfer, a seasoned arbitrator and mediator, provided her insights at high-profile events on dispute resolution.
Arbitration and Confidentiality: A Delicate Balance
On May 15, 2024, Kyle-Beth Hilfer led a thought-provoking program entitled “High-Profile Arbitration and the Press: What About Confidentiality?” The course delved into the high-stakes world of entertainment and the often conflicting issues of confidentiality and press relations.
The program explored a hypothetical entertainment dispute that landed in arbitration. The dispute was publicly reported and captured the public and media outlet’s ongoing interest. As the arbitrator, Kyle-Beth Hilfer shared valuable insights in to the unique challenges and responsibilities facing arbitrators. She explored arbitration confidentiality myths, methods to ensure confidentiality, and arbitrator tools for managing parties who talk to the press.
A transcript of the program from the New York State Bar Association is available here.
The Power of Mindfulness in Mediation
Later in the year, on October 23, 2024, Kyle-Beth Hilfer moderated a NYSBA program on mindfulness in mediation or any negotiation. This event highlighted the importance of adopting a mindful approach to navigate complex negotiations and achieve optimal outcomes.
Ms. Hilfer emphasized the transformative potential of the “yes and” mindset, a technique borrowed from improvisational theater. She discussed how to convert mediation participants from “yes but” to “yes and” thinking. This method can assist mediators and negotiators as they foster collaboration and break impasse to resolve disputes.
A recording of the program is available upon request by contacting Kyle-Beth Hilfer.
Dispute Resolution in 2025
As we move into the new year, it is clear that effective dispute resolution requires a multifaceted approach. Arbitrators and mediators will have to recommit to existing processes and develop new strategies to ensure confidential processes. Navigating complex factual and legal frameworks to manage party participation also requires strong interpersonal skills. A mindful approach to negotiation is key to creating successful dispute resolution. Kyle-Beth Hilfer utilizes this integrated approach in all arbitrations and mediations. To learn more about her dispute resolution practice, click here.