Arbitrator Update

July 2015 Issue

Table of Contents:

Arbitrator Profile: Melanie Cherdack

Arbitrator Training Feedback

Statistics

Arbitrator Profile: Melanie Cherdack

Don’t let Melanie Cherdack's small stature fool you; Melanie Cherdack is a powerhouse attorney and arbitrator, and NFA is fortunate to have her chair some of our most interesting matters.

After graduating from law school, Melanie worked at law firms in Miami, Fla. and New York, N.Y. She jumped at the chance to be assigned to large and interesting securities fraud cases since she has always been fascinated with the financial markets. Shortly after law school, Melanie took on an in-counsel position at Paine Webber (now UBS), where she handled arbitration cases and decided to become an arbitrator. Melanie left Paine Webber to go into private practice, where since 2006 her practice has focused on representing claimant investors in various forums.

Melanie's experience on both sides of the table, as a defense attorney and now as an advocate for customers, gives her a unique view of how each party presents their case. As a non-Member arbitrator and with her securities background, Melanie brings an interesting perspective to the panels on which she serves. With every panel, she learns something new. Melanie states she's come across every type of claim but there is always a new product or strategy to learn about. She keeps abreast with industry happenings by reading the Wall Street Journal and various online publications. Melanie's knowledge and experience combined with her skill of listening to the parties makes her an excellent chairperson.

Melanie believes the biggest challenge arbitrators face is making sure every party feels that they have been treated fairly and their case is taken seriously. Though this is challenging with a pro-se claimant, Melanie has found that gentle procedural guidance can be very helpful. On the other hand, Melanie remarks that parties need a firm-handed approach and sometimes a little bit of humor when things get too heated. Melanie knows that perceptions continually change during the course of arbitration and keeping an open mind until the end of a case is necessary to ensure fairness in the process.

Professionally, Melanie writes articles on investor arbitration, and she lectures on the topic to various organizations including the University of Miami Investor Rights clinic and the Public Investors Arbitration Bar Association. In her private life, Melanie is actively arbitrating small domestic disputes for her two high school aged children along with her husband Bob, the general counsel of a public company. She also is involved in Cancer Link, a charity raising funds for breast cancer research.

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Arbitrator Training Feedback

In 2008, NFA launched its online interactive training program for arbitrators. Since then we have added four modules to the growing program with the latest module added last August. We hope all of you have had a chance to view the various modules that help fulfill your mandatory training requirement. As a reminder, NFA requires its arbitrators to complete training once every three years.

As NFA plans for new arbitrator training opportunities, we would like your feedback and ideas on what future training topics NFA should cover. If you have encountered situations during your role as an NFA arbitrator that you feel we should address in more detail, let us know. If there is a topic that we haven't covered yet, we'd like to hear from you. Also, let us know what you prefer as a method of training (online module or webinar) for each topic.

If you have suggestions or any questions about NFA's online training program or your ongoing training requirement, please contact the Arbitration department at (800) 621-3570 or arbitration@nfa.futures.org.

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Statistics

NFA has seen a slight increase in claims for the first half of 2015 compared to last year. NFA received 26 claims as of June 30, 2015. Please visit NFA's website for the most recent statistical data on NFA arbitration filings.