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March 2023 Welcome Welcome to readers of Making the Connection!      In this issue, you will find:  In Focus : Mediation at Work: When Should a Mediator Make a Proposal? Question of the Month, answering a follow-up question about the legal implications of ChatGPT Case on Point, more on the arbitrator's duty to enforce the parties' agreement At the Podium, listing my speaking engagements and public appearances Client Corner, spotlighting client events and announcements In Focus Mediation at Work: When Should a Mediator Make a Proposal? As my readers know, I love to see people using mediation techniques to resolve conflicts in their workplace. This month, I highlight the use of a mediator proposal by Becky Bellino, the USTA Adult League Coordinator for Long Island, in assisting in the rescheduling of a league tennis match.  Generally, the role of a mediator is to facilitate communication and problem-solving by the parties to a conflict. However, there are times when negotiations reach an impasse, and the mediator can best help the parties reach resolution by making a proposal that is fair and addresses the parties' interests. In this instance, one team did not have enough players to field a line-up in a match scheduled over a holiday weekend and requested the other team to reschedule.  (The alternative would be to forfeit the match which would mean that none of the players from either team would have an opportunity to play.) The other captain was receptive but offered no alternative dates. At my suggestion, the captain of the team seeking to reschedule reached out to Becky for assistance. She responded by looking at the two  teams' schedules, offering three alternative dates, and asking the parties to identify two acceptable choices, guaranteeing that there would be agreement on one. She also offered to find the teams court time at a neutral facility if the home team facility had none available that day.  Question of the Month This month's question was posed by Krista Giannak of Wise Words That Matter in response to last month's  Question of the Month discussing copyright interests in in content generated by ChatGPT: Q: What  disclosures does OpenAI require the user to make when publishing content generated in part with ChatGPT? A: The applicable terms of use require disclosure of the role of AI in generating the content, and provide suggested language: The author generated this text in part with GPT-3, OpenAI’s large-scale language-generation model. Upon generating draft language, the author reviewed, edited, and revised the language to their own liking and takes ultimate responsibility for the content of this publication. Case On Point 544 Bloomrest, LLC v. Harding (N.Y. App. Div. 1st Div. 2022) Last month's Case On Point  discussed the remand of a case to an arbitrator who failed to provide a reasoned opinion as required by the parties' agreement. As this month's case demonstrates, arbitrators must also respect any applicable contractual limitations on their discretion to award relief. In this month's case, the arbitrator awarded attorneys fees, sanctions and punitive damages although neither the contract nor the American Arbitration Association rules incorporated therein authorized such relief, and the claimant had not requested such relief. The Appellate Division vacated those portions of the award, observing "by granting unrequested relief, the arbitrator exceeded the expressly enumerated limits on her authority by deciding matters that were not before her." The award of arbitration costs, though, was upheld as Rule 47 specifically required the arbitrator to allocate such costs. ___________________________________________________________________________________________________ At the Podium This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.          On March 13, 2023, I will participate in a career panel discussion sponsored by Girls, Inc. at Silas Wood School in Huntington. On May 19, 2023, I will chair a panel discussion on Challenges of On-Line Mediation at the International Mediation Symposium sponsored by the Center for International Legal Studies in Salzburg. Visit cils.org for information and registration. Client Corner Client Corner features client announcements and events of potential interest to readers.  Moxxie Network will host a networking lunch on March 17, 2023 from noon to 2:00 p.m. at Hotel Indigo in Riverhead featuring a presentation entitled Are You An Entrepreneur or an Intrapreneur? Click here for information and registration. © 2023, Lisa Renee Pomerantz. All rights reserved.

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