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n e w h a v e n b i z . c o m | O c t o b e r 2 0 2 2 | n e w h a v e n B I Z 29 Lee Hoffman named chairman at Pullman & Comley Attorney Lee D. Hoffman has been elected chairman of Pullman & Comley, succeeding James T. "Tim" Shearin in the role. Shearin will continue as a member of the firm's litigation department, and as vice president of the Connecticut Bar Association. Pullman & Comley has offices in Bridgeport, Hartford, Waterbury and Westport, along with Springfield, Massachusetts; Wakefield, Rhode Island; and White Plains, New York. Sacred Heart selects new diversity leader, choral director Maurice Nelson is Fairfield-based Sacred Heart University's new chief diversity and inclusion officer. Nelson comes to the Catholic university from Yale University, where he held a similar title as director of diversity, equity and inclusion for the Yale School of Nursing. e university has hired Irina Georgieva as the new director of choral programs. Georgieva taught conducting at the Berklee College of Music in Boston for several years, while also serving parishes in the area as a music director. She will continue to teach remotely at Berklee. Berkshire Bank names regional bank manager Berkshire Bank, which has branch locations throughout New England and New York, recently promoted Aaron Averitt to be first vice president, regional branch manager in Connecticut. Averitt, a Forestville resident, will manage the daily operations of branches in the areas around Hartford and the Connecticut River Valley. Averitt joined Berkshire Bank as a financial center manager in 2014. His background includes more than 16 years of management experience and more than eight years of retail banking management experience. Averitt previously worked at Bank of America. Merit Life Insurance expands leadership team Merit Life Insurance Co., a Shelton- based firm, announced recently that retirement industry veterans Martin Woll and Cliff Merrill have joined the firm's C-Suite. Both executives report to CEO David Anderson. Woll joins Merit as the firm's chief operating officer. Woll previously was COO of Equitable's individual retirement business. Merrill is Merit's new chief distribution and product development officer. Merrill previously spent 16 years at Prudential Financial, where he oversaw the firm's $180 billion investment platform and led the design of Prudential's new retirement income products. BioCT leader to retire; replacement search begins Dawn Hocevar, whose job as presi- dent and CEO of BioCT has involved working with multiple stakeholders to advance the state's bioscience industry, plans to retire in the spring. Hocevar announced her plans to step down in a letter dated Sept. 20. e organiza- tion's board will begin searching for a replacement, and BioCT's current chief operating officer, Kelley Gip- son, will be on the hiring committee. Hocevar started with BioCT six years ago. Edgewell Personal Care streamlines management Shelton-based manufacturer Edgewell Personal Care Co. recently announced it is changing its leadership structure. Nick Powell, president of international for Edgewell, plans to depart. Responsibilities for the company's international business will be divided between President and CEO Rod Little and CFO Dan Sullivan. Sullivan will add the role of president Europe and Latin America to his CFO duties. Little will lead the Japan and Greater China markets, and Sullivan will lead Europe, Latin America, Oceania and distributor markets as well as the international brand strategy group. e new roles are effective Oct. 1. n C - S u i t e Maurice Nelson E x p e r t ' s C o r n e r By Judge William J. Wenzel W hile most business transactions never come to a dispute, and many of the ones that do will be resolved by good faith discussion between the parties, it is not unusual to have agreements define how a future dispute will be resolved. Many business owners and consumers are frequently presented with the option to use arbitration to resolve future disputes or claims that may arise in new relationships. Arbitration clauses appear in many forms of agreements, from hand-craed contracts specifically drawn for a new project or venture to the simplest of agreement/forms where little, if any, thought is given to what will happen when things go wrong. For this reason, it is best for parties to an agreement or relationship to consider in advance how bad outcomes will be handled, and that may include the use of arbitration clauses. When you are presented with such clauses, it is always appropriate to consider how the proposed dispute resolution mechanism will work under certain circumstances. Here are some guidelines to keep in mind next time you are presented with this choice. 1. Arbitration agreements are enforceable when written or electronic under both federal and Connecticut law. Once you sign such an agreement you will be bound by its terms and conditions, regardless of whether you read such agreement. 2. Arbitration is not for everyone or every dispute. e commonly-held belief is that arbitration will be faster and less expensive than litigation. While that is sometimes the case, do not assume it always will be. Court systems move at different paces, from fast-moving small claims courts to complex jury trials. Despite best intentions, arbitrations can get bogged down for a variety of reasons. In court, the person filing suit will incur expenses at the outset up to several hundred dollars. You then will be assigned a judge, or series of judges, who are typically neutral and experienced, but whose expertise is unknown. Arbitration fees are not insignificant and oen run into thousands of dollars. Before signing an arbitration clause, you should inspect the fees and expenses charged by any proposed arbitration forum. Panels, which require multiple members or neutrals, can multiply expenses quickly. 3. Does the arbitration clause require you to travel to a specific forum or location for hearings or resolution? A remedy that costs more than the amount in dispute is simply not effective. 4. Is the proposed panel truly neutral? If the proposed panel is linked to an industry or association, it may not be as neutral as you would like. 5. One important benefit to arbitration is that the parties can select a particular arbitrator in advance or designate selection from a panel most likely to ensure neutrality or expertise in a given area of science or industry. When both sides are working in the same industry, choosing an industry- related panel makes sense. If you are not part of that industry, however, you may start to feel le out. If neutrality is a concern, some arbitration forums — for example, the American Arbitration Association — offer panels consisting of retired judges from state or federal courts. Panelists with substantial judicial experience are less likely to be swayed by sentiment and have learned to remain focused on the important legal and factual issues. Likewise, a person with years of expertise in an area of knowledge, and respected by both sides, can be designated before any dispute arises. e bottom line is to never simply assume an arbitration clause is the best solution. Consider what kinds of disputes might arise in the business transaction and whether the proposed arbitration will be the best way to resolve them. n William J. Wenzel is a retired Connecticut Superior Court Judge and member of the alternative dispute resolution, family law and litigation practices at Pullman & Comley. e pros and cons of arbitration agreements Irina Georgieva Aaron Averitt Dawn Hocevar Rod Little

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