Mediation Choices for Effective Representation and Advocacy Monday, October 29, :00 a.m. 6:00 p.m. New York State Bar Association Program Agenda

Similar documents
McLaughlin & Stern LLP. Long Island Program Chair

Howard B. Cohen, Esq.

Hon. Mae A. D Agostino United States District Court, Northern District of New York

1004: Corporate Communications and Attorney-Client Privilege: What You Need to Know

Mark A. Berman, Esq.

Merriann M. Panarella, Esq. Panarella Dispute Resolution Services P.O. Box Wellesley, MA

David M. Wirtz. Focus Areas. Overview

104 Negotiation for Success: Effective Advocacy in ADR

THE STATE BAR OF CALIFORNIA

Elizabeth J. Hampton Partner

Business and Commercial Litigation in Federal Courts (4th ED.) Edited By Robert L. Haig

Beverley S. Braun, Esq.

David Arena joined DiMonte & Lizak located in Park Ridge, Illinois in 1996, and became an equity partner at Di Monte & Lizak in 2005.

Marjorie E. Gross, Esq.

Paul E. Burns, Partner

Workshop U. When OSHA Knocks Preparing for & Responding to OSHA Inspection & Citations. Tuesday, March 27, :30 p.m. to 4:45 p.m.

Mr. Moxley has published widely in the arbitration and mediation areas, including the following articles:

Lessons Learned by Experienced CEOs of Broker-Dealers Thursday, November 12 10:15 a.m. 11:15 a.m.

SHOW ME THE MONEY: THE ESSENTIALS OF VALUATION OF COPYRIGHTS IN TRANSACTIONS AND LITIGATION

Global Leadership in Law and Business for Non-U.S. Lawyers

Jones Day MCLE University

Kenneth L. Bachman, Jr.

Deborah Greenspan Partner Blank Rome LLP Washington, D.C. (202)

Christine Clemens, Esq. Finkelstein & Partners, LLP 1279 Route 300, P.O. Box 1111 Newburgh, NY

Hon. Tanya R. Kennedy New York State Supreme Court, County of New York

Charles (Chad) E. Reis IV. Focus Areas. Overview

Building a Sophisticated Litigation Practice Outside the Big Firm

FRANCES M. PANTALEO, ESQ.

Richard H. Dolan. Mr. Dolan co-authors the monthly Eastern District Roundup column in the New York Law Journal.

Under the patronage of his excellency DR. Ali Bin Masoud Al Sunaid Minister of Commerce & Industry

Mark-Up Disclosure Requirements Thursday, September 14 2:15 p.m. 3:15 p.m.

Donna Marie Melby. Los Angeles. Practice Areas. Admissions. Education. Partner, Litigation and Employment Law Departments

Robert S. Harrell, Head of Financial Institutions and Insurance,...

Jean W. Frydman Partner

David I. Greenbaum Partner

Patrick W Shea. New York. Practice Areas. Admissions. Languages. Education. Partner, Employment Law Department

ADR AND PROFESSIONAL SUMMARY ADR, Intellectual Property and Commercial Litigation Partner at New York Office of Mintz Levin.

New York Bar admission (or eligibility to obtain admission promptly) is required.

the practice of law the way it should be

PILI Corporate Pro Bono Roundtable

Gregory H. Chertoff, Esq. Peckar & Abramson, P.C. 41 Madison Avenue 20th Floor New York, NY

Elena R. Baca. Los Angeles. Orange County. Practice Areas. Admissions. Languages. Education

The Cross-Sector Mediation Forum, Decoding the Mediator Selection Process:

News, Events & Publications

Theodore A. Schroeder. Focus Areas. Overview

NMB NATIONAL MEDIATION BOARD LINDA A. PUCHALA HARRY R. HOGLANDER

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

FIRM POLICY PRO BONO POLICY. All Attorneys and Paralegals WHO THIS APPLIES TO: Business Operations CATEGORY: Allegra Rich CONTACT:

Conflicts. Interest. Corporate Lawyers. for. Dan K. Moore Program in Ethics: November 9, 2007

From the Experts: Ten Tips to Save Costs in Patent Litigation

TABLE OF CONTENTS PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS

Bruce L. Birnbaum, J.D., LL.M., CLTC Financial Adviser

2018 EMPLOYMENT LAW SYMPOSIUM PRESENTERS

Giovanna Tiberii Weller

106: Third-party Risk: Creating an Effective Information Security and Data Privacy Assessment Program for Third-party Vendors

PRACTICAL STRATEGIES FOR DOING BUSINESS IN CHINA Thursday, October 25, 2007

TABLE OF CONTENTS FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS

THE LEGAL AID SOCIETY S ANNUAL CLE PRO BONO TRAINING PROGRAM

Robert D. Luskin. Washington, D.C. Practice Areas. Admissions. Education. Partner, Litigation Department

Irish Centre for European Law

T R A D I N G M AT T E R S

FILED: NEW YORK COUNTY CLERK 04/18/ :48 PM

Busting Graft and Boosting Budgets: How Oversight Authorities Can Expand Their Arsenals through Asset Forfeiture and Other Tools

Jamie A. Levitt PARTNER EDUCATION BAR ADMISSIONS CLERKSHIPS PRACTICES

Everyone deserves access to justice, regardless of race, religious beliefs, nationality, gender identity, sexual orientation, or economic situation.

Deborah Greenspan Partner Mass Torts & Complex Disputes Eye Street NW Washington, D.C

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA

Shafeeqa W. Giarratani

WHO WE SERVE. Regulators Business and Law Schools. Executives and Staff Job Seekers & Students

Laura M. Alfredo Senior Vice President, Legal, Regulatory & Professional Affairs and Deputy General Counsel Greater New York Hospital Association

TABLE OF CONTENTS FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS

HERSHORIN & HENRY, LLP. Thomas S. Van Contract Partner

Enayat Qasimi. Partner. Experience M Street, NW Suite 450N Washington, DC Phone: Fax:

Ignatius A. Grande, Esq. Hughes Hubbard & Reed LLP One Battery Park Plaza New York, NY (212)

ALI-ABA Audio Seminar. Bankruptcy Law As It Applies to Patent Disputes August 12, 2009 Telephone Seminar/Audio Webcast TABLE OF CONTENTS

MCPI Annual Conference Tuesday, September 19, 2017

Catharine Biggs Arrowood Partner

FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS

Seminar Overview. Who Should Attend: Architects Attorneys Contractors Engineers Municipal Employees Government Employees.

ANNUAL FRAUD PROFESSIONAL S CONFERENCE

ROBERT S. FLEISHMAN Of Counsel

8/12/2016. Moderator Bio. Visit the ABA Legal Career Central Job Board to:

CURRICULUM VITAE EDUCATION. Washington, PA California University of PA June 1971 August Academic Honor Society Order of Lytae CURRENT POSITION

Shell Trading Gas and Power Company General Manager Regulatory Affairs, December 2, 2002 to Present

PROGRAMME. 10:00 10:45 Multi party, multi contract arbitration and consolidation

Workshop II. OSHA s New Electronic Reporting Rule How to Prepare and Comply. Wednesday, March 22, :15 a.m. to 12:30 p.m.

Law Firm Leadership: Developing Effective Skills for Leading and Managing Lawyers

DIRECTORS EDUCATION PROGRAM

Attorney Business Plan. Sample 3

Current Issues in White Collar Litigation

COURSE DESCRIPTION - Environmental Law for LSPs

Robert C. Long. Focus Areas. Overview

WATERFORD LAW SOCIETY CPD SEMINAR

Danielle Vanderzanden

Outside Business Activities Reviews, Approval and Monitoring Wednesday, November 11 3:30 p.m. 4:30 p.m.

Conference Schedule. 4. (10:00am) How to Market Yourself and Your Firm. 5. (11:30am) Guns and Society Lunch Address presented by Adam Gura.

Karen K. Gaunt Partner

ALI-ABA Topical Courses Employment Law Series Fair Labor Standards Act: Coverage Issues February 23, 2010 Telephone Seminar/Audio Webcast

ALLAN HORWICH CURRICULUM VITAE. (February 2014)

PRO BONO ROUNDTABLE April April 28, 2017, 2017

Transcription:

Program Agenda 8:30 a.m. Registration 8:45 a.m. - 9:00 a.m. Welcome and Introductions 9:00 a.m. - 10:30 a.m. Session 1: Preparing for Mediation and Selecting the Mediator 10:30 a.m. - 11:00 a.m. Refreshment Break Strategic preparation in advance of a mediation session is essential in order to efficiently settle a case. Through interactive vignettes and group discussion, this panel will discuss how to effectively prepare for a mediation session. The discussion will include how to engage the other side in a mediation, managing client expectations, strategically selecting a mediator, and developing a negotiation strategy tailored to the mediation process. Key Benefits of Mediation Managing Client Expectations Strategic Mediator Selection Developing Mediation Strategy Elizabeth Shampnoi, Esq., Mediator/Director of Mediation and Conflict Resolution, New York City Commission on Human Rights Lauren J. Wachtler, Esq., Co-Chair, Litigation Department, Phillips Nizer LLP. Lauren focuses her practice on commercial and business litigation with extensive representation of clients in a wide range of jury and non-jury trials. She is a former chair of the Commercial & Federal Litigation Section of the Robyn Weinstein, Esq., is the ADR Administrator at the United States District Court for the Eastern District of New York. Prior to her current role, Ms. Weinstein served as a fellow at the Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law, where she is currently an adjunct professor of mediation and negotiation. James M. Wicks, Esq., Partner and General Counsel of Farrell Fritz PC, Adjunct Professor at St. John s Law School, practice focused on commercial and business disputes. 11:00 a.m. - 12:30 p.m. Session 2: You Get Out of It What You Put Into It! Mediation Preparation Preparing for the mediation may be as important as the mediation session itself. When counsel and parties walk into a session without having necessary information or without having thought through positions, interests and how they will negotiate inevitable impasses, they risk wasting time and resources. You will learn how to effectively

12:30 p.m. - 2:00 p.m. Lunch prepare for a mediation so that you and your clients stand in the best possible position to find a resolution. From the moment mediation becomes a part of your case, there s a lot to consider. Our panelists will outline and provide guidance to advocates on how to begin the mediation process starting from the first phone call with the mediator to statements at the opening session. Developing strong pre-mediation checklists so as to prepare clients, adversaries, the mediator and most importantly, self. Utilizing submissions and pre-mediation phone calls to give and get information, demonstrate strength and flexibility. Using the joint session to set the foundation for the day and the resolution. Krista Gottlieb, Esq., After starting her practice as a litigator in New York City in 1980, she moved to Buffalo in 1986 where she became a managing partner at Mattar, D Agostino & Gottlieb, LLP until 2013. She is now expanding her appropriate resolution practice as a neutral, mediator, arbitrator, settlement counsel or resolutionary. Mark Morril, Esq., Morril ADR; he is an independent arbitrator and mediator who focuses on complex commercial disputes. He is a Fellow of the Chartered Institute of Arbitrators and is on the roster of leading alternative dispute organizations in the United States and other countries. He previously served as General Counsel of Simon & Schuster and as Deputy General Counsel of the global media company Viacom. Adam J. Halper, Esq., Director of the Legal Wellness Institute (LWI) at The Family Center where he leads a team of lawyers, paralegals and pro bono volunteers who represent vulnerable New Yorkers in a wide variety of litigation and transactional matters. Careful the Things You Say: Ethics for Negotiators 1:10 p.m. 2:00 p.m. New York Law School Prof. F. Peter Phillips will explore the thorny grounds of puffery, lying, client support, fraud, and other delights of negotiation in this entertaining and interactive presentation. F. Peter Phillips, Esq., Distinguished Adjunct Professor of Law, Director, Alternative Dispute Resolution Skills Program, NYLS 1.0 MCLE Credit in Ethics

2:00 p.m. - 3:30 p.m. Session 3: Negotiating Within the Mediation 3:30 p.m. - 3:40 p.m. Refreshment Break This panel will explore how you can apply negotiation theory and skills to maximize value for your client during the middle stages of a mediation. Learn how best to use the mediator to gather, analyze and communicate information; handle choppy emotional waters; assess risk; deliver tough news to the other party; determine what matters most to you and other parties; and help you move towards a deal during the middle, core, phases of mediation. You will be brought face to face with one of the toughest questions in case bargaining: how to handle the spigot of disclosure knowing when and how much information to disclose, both to the mediator and to the other parties. Client counseling and role division Adjusting the spigot of disclosure delivering the right information at the right time in a well-crafted message Building effective risk and transaction cost analyses Simeon Baum, Esq., President, Resolve Mediation Services, Inc. has conducted over 1,000 mediations since 1991. He is Founding Chair of NYSBA's Dispute Resolution Section, and for over 20 years has written on ADR, and taught and trained mediators, law students, and counsel, including those on the Commercial Division's ADR panels. Ed Frischling, Esq., is an Assistant General Counsel for a Fortune 500 global beauty company, providing employment law advice, counseling and support for the North America region. He is also a Lecturer-in-Law on Negotiation at Columbia Law School. Yun G. Lee, Esq., is Associate General Counsel with AIG Investments, and has been with AIG s Corporate Litigation Department since 2005. At AIG, Ms. Lee is involved in pre-litigation dispute resolutions as well as litigation, arbitration, and regulatory matters in the U.S. and abroad. Prior to her in-house role at AIG, Ms. Lee spent over ten years in private practice in New York. Paul Sarkozi, Esq., is Co-Chair of the Litigation and Dispute Resolution Department at Tannenbaum Helpern Syracuse & Hirschtritt LLP, a former Chair of the NYSBA's Commercial and Federal Litigation Section and a Lecturer-in-Law on Negotiation at Columbia Law School.

3:40 p.m. - 5:10 p.m. Session 4: Speed Bumps Along the Road to Resolution: Avoiding Impasse and Closing the Deal This panel will discuss what to do when a mediation appears to be falling apart and resolution of the dispute seems further away than at the outset. The panel will also discuss how to ensure that a successful mediation ends with a binding agreement. The first half of this segment will explore how to determine the factors at play in a stalled mediation and what you can do about them. The panelists will talk about tools you have for getting your adversary, the parties and the mediator back on track, including: Identifying stumbling blocks and redefining goals Using arbitration techniques Strengthening the mediator s hand Calling for a break In the second half, the panelists will discuss how to ensure that you walk away with a binding deal including: The terms and conditions of a binding MOU Using the mediator to assist in drafting Keeping everyone in the room until the sign off David M. Brodsky, Esq., Brodsky ADR LLC (Mediations and Arbitrations); he is a full-time neutral, after having been a federal prosecutor, partner in three law firms, and general counsel of an international investment bank over a 50-year career. Stephen A. Hochman, Esq., a full-time mediator, arbitrator and ADR trainer, after having specialized in corporate, commercial and securities law in several law firms for over fifty years. Michael Kreitman, Esq., Senior Counsel, Law-Employment, Macy s, Inc.; Supporting the stores and support operations of Macy s and Bloomingdale s brands in all aspects of employment and labor law, and is a mediator on the SDNY Panel for Employment cases. Barbara S. Mehlsack, Esq., Partner, Gorlick, Kravitz, & Listhaus, P.C.; she leads her law firm s employment, employee benefits, and labor litigation practice, as well as engages in an active mediation practice. 5:10 p.m. - 6:00 p.m. How Mediation Works in Practice A Discussion of the Advocate s best overall approach to the Mediation Process, with emphasis on the important themes raised

6:00 p.m. Adjournment during the day s discussion. What is best for the client and how should the advocate s approach vary depending on the venue, the style of the mediator, and the matters at issue? Building on the tools provided during the day Mediating with lawyers you know versus those you do not effect on the negotiation and your approach. Balancing a desire not to be aggressive with the need to effectively convey your position Change in negotiating tactics when in-house and outside counsel are present Darya Geetter, Esq., Executive Vice President, Deputy General Counsel, Head of Litigation, Privacy, and Insurance, LPL Financial, is responsible for managing all litigation and arbitration matters impacting the company and its advisors, and uses mediation in most matters. Prior to that she has served as Deputy General Counsel for MF Global, UBS and Bear Stearns. She was an Assistant U.S. Attorney for the District of Columbia, a Senior Trial Attorney at the US Department of Justice, and clerked on the federal district court. Robert N. Holtzman, Esq., Kramer Levin Naftalis & Frankel LLP Chair of the Commercial and Federal Litigation Section. Mr. Holtzman represents employers in employment law and executive compensation matters and is Co-chair of Kramer Levin s Executive Compensation practice. He regularly employs alternative dispute resolution, including both mediation and arbitration, in connection with employment disputes. Daniel F. Kolb, Esq., Davis Polk & Wardwell LLP, Litigation Partner at Davis Polk for over forty years, now Senior Counsel, serving very frequently as a mediator. Immediate Past Chair of the NYSBA Dispute Resolution Section and current Co-Chair of the New York City Bar s President s Committee on the Efficient Resolution of Disputes. 9.0 MCLE Credits: 1.0 in Ethics, 8.0 in Skills