Video | Webinar: Legal Ethics and the Mediation Process

Join NAM neutral, the Honorable Alan D. Scheinkman (Ret.), in this video presentation as he discusses how Alternative Dispute Resolution (ADR), particularly in the area of mediation, has grown dramatically in the past ten years. Judge Scheinkman will discuss the ethical considerations that relate to settlement negotiations in the context of mediation of disputes.

Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. The legal ethics principles to be considered include dealings with opposing counsel, confidentiality, candor, and dealings with clients. Judge Scheinkman will address pertinent provisions of the American Bar Association (ABA)'s Rules of Professional Conduct, the Guidelines promulgated by the ABA Litigation Section, and applicable ABA Ethics Opinions and judicial decisions. The presentation will focus on the ethical obligation to negotiate in good faith and strategies of a proactive approach by counsel to head off bad faith behavior.

This webinar is not for CLE credit, but is for informational purposes only. To watch this webinar please click below.

About 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.