CLE Webinar: Ethical Mediation: Principles and Practices in Dispute Resolution

The use of Alternative Dispute Resolution, particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process with which many counsel are unfamiliar. Judge Scheinkman will discuss the importance of ethical considerations that relate to settlement negotiations. Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. While trust of an adversary is a relative concept, there is an ethical obligation of fair dealing when negotiating a settlement. The absence of same will breed mistrust which will detrimentally affect the mediation process.

Judge Scheinkman will also address the importance of ethical considerations when negotiating with opposing counsel on issues relating to representation of the client, as well as problems that may arise with parties in attendance at the mediation. He will also explore the importance of ethics as it relates to confidentiality, conveyance of demands and offers, disclosure of new information, insurance issues, pre-mediation submissions, and settlement terms.

The presentation will emphasize the ethical obligation to negotiate in good faith and strategies of a proactive approach by counsel to head off bad faith behavior.

To register with NACLE for this 60-minute CLE webinar, Ethical Mediation: Principles and Practices in Dispute Resolution, please click below.

Meet NAM's Presenter

Hon. Alan D. Scheinkman (Ret.) is a member of NAM's (National Arbitration and Mediation) Hearing Officer Panel. He is the former Presiding Justice of the Second Judicial Department of The New York State Supreme Court, Appellate Division, where he heard appeals of a wide variety complex litigation matters that included business disputes, labor and employment partnerships, landlord and tenant, commercial foreclosure cases, business receiverships, business torts, matrimonial and family law, trusts and estates, defamation, land use and construction, health law and wage and hour cases.  As an appellate judge, trial judge and litigator, he has handled all types of employment matters that include breach of contract, trade secrets, confidentiality agreements, covenants not to complete, wrongful termination, discrimination, sexual harassment, and wage and hour disputes. In 2021, Judge Scheinkman was recognized by the legal community as the #1 Arbitrator in the state by the New York Law Journal “Best Of” survey, and he ranked in the Top 10 Individual Arbitrators in 2024. He is available to arbitrate and mediate cases nationwide.

About NAM's Continuing Legal Education Program

NAM provides complimentary continuing legal education (CLE) programs virtually, on-site at your office, or in any of NAM's dedicated conference facilities. Our Continuing Legal Education department will work with your firm or organization to customize a CLE program that is designed to meet your specific CLE issues and topics of interest. Our respected faculty provides participants with an interactive presentation that will engage and educate your audience as they earn relevant CLE credit.

Please contact NAM's CLE department at 800-358-2550, ext. 145 or email Sharon Pedersen at cle@namadr.com for information on how we can customize a CLE program for your organization.