NAM IN THE NEWS
New York, NY (April 16, 2019) – Last week, NAM (National Arbitration and Mediation), one of the nation’s leading alternative dispute resolution (ADR) providers, in conjunction with the Association of Corporate Counsel – New York City Chapter (ACC-NYC) presented a CLE seminar entitled In Mediation, You Gotta Have (Good) Faith, as part of the ACC-NYC 2019 Ethics Marathon. The presentation featured NAM neutrals Hon. Elizabeth Bonina, Richard P. Byrne, Esq., and Hon. John P. DiBlasi. More than 150 in-house counsel attended from the ACC-NYC chapter and benefited by hearing from three of NAM’s highly-regarded neutrals.
Successful mediators have come to learn that truth is a critical element in any successful negotiation. However, in an adversarial negotiation, trust is a relative thing. You may never come to fully trust your adversary, but that doesn’t mean parties can’t mutually engage in a good faith and ethical negotiation process-a simple and honest approach that is often derailed by parties looking to gain an advantage. Too many good faith negotiations are sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement. Attendees learned from Justices Bonina and DiBlasi and Mr. Byrne, the skills and tactics to ameliorate the situation and obtain a good faith settlement.
Key topics that were discussed included:
- Ethics and Good Faith Negotiations at Mediation
- Demands and Offers
- Settlement Terms
- Disclosure of Insurance Coverage/Disclaimer/Consent
- Conduct of Counsel During the Mediation Process
The venue, Paley Center for Media in mid-town Manhattan, served as a perfect setting to learn more about ethics and ADR, as well as share opinions and exchange points-of-view with in-house counsel.
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NAM provides complimentary continuing legal education programs for attorneys, bar associations, corporate and government legal departments, and other legal and business organizations. To learn more, click here.