CLE Webinar: From Conflict to Resolution: Ethical Strategies for Successful Mediation

NAM Hearing Officers, James W. Borkowski, Esq. and Jennifer Herscovici, Esq., will provide an overview of mediation, including the best time to mediate and a focused look at preparation of pre-mediation submissions – what to leave in/what to leave out, as well as tips on handling your first mediation, opening statements, preparing your client for the mediation, overcoming mediation impasses, and suggestions on how to avoid last minute surprises.

Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. While the trust of an adversary is a relative concept, there is an ethical obligation of fair dealing when negotiating a settlement. Our speakers will also address the importance of ethical considerations when negotiating with opposing counsel on issues relating to representation of the client, including problems that may arise with parties in attendance at the mediation. 

To register with NYS Academy of Trial Lawyers for this 60-minute CLE webinar, From Conflict to Resolution: Ethical Strategies for Successful Mediation, please click below.

Meet NAM's Presenters

James W. Borkowski, Esq. distinguished career spans more than 30 years with a practice focused primarily on litigation at the trial and appellate levels in both the state and federal court systems. He has successfully represented insurance carriers, corporations and individuals in personal injury, construction, litigation, general liability, premises liability, property damage, automobile and commercial litigation (both plaintiff and defendant). In 2024, for the fifth year in a row, Mr. Borkowski was named a Top Ten Neutral by the New York Law Journal, “Best Of” survey. Mr. Borkowski is available to mediate and arbitrate cases throughout New York State.

A former Supervisor and Negotiator for the New York City Law Department's Tort Division, Jennifer Herscovici, Esq. has settled thousands of cases in actions and has gained a reputation for her extensive knowledge in numerous areas of the law including negligence, premises liability, tort and product liability, and personal injury. Since joining NAM as a full-time Hearing Officer she has heard a variety of cases, including auto accident, slip/fall, premises, and labor law. Ms. Herscovici's ability to evaluate cases, astutely assess the issues at hand, and effectively guide parties and counsel to fair resolutions has earned her the respect and confidence of both sides of the bar. She is available to arbitrate and mediate cases throughout the New York Metro area.

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.