Academic/Professional Bio

V. Mediation Training:

First ADR training: Early Neutral Evaluation/Mediation Training; a two
or three day course given by Linda Singer, Michael Lewis (and possibly
Margaret Shaw or Nancy Rogers) for neutrals in the EDNY ADR program. I
estimate that this took place in 1992 or 1993. This involved lecture, role plays
and feedback.

Thereafter, I took courses through the SDNY ADR program and
elsewhere, essentially for the panels listed in answer to 2(d), above.

Much of my learning has been in the role of facilitator or teacher in other
ADR programs.

I have trained mediators, developing and leading the following programs:

  • Three day training program for mediators on the ADR panel of the Commercial Division of Supreme Court, New York County, developed manual and jointly led this training program, with Stephen A. Hochman.
  • Two day training program for mediators on the ADR panel of the Commercial Division of Supreme Court, Westchester County, developed manual and led training program

I facilitated mediation training in the following programs:

  • Two day training in Mediation Course, International Center for Cooperation and Conflict Resolution, Columbia University Teachers College Winter 1997;
  • Day training in Mediation Course, Benjamin N. Cardozo School of Law, Spring 1998, and facilitated with feedback in mediation role play one day, January 1999;
  • Three day training of NASD and Bankruptcy Court Mediators, Winter 1997-’98, and, again, same three day course in October 1998.

In addition, I have taught the following ADR courses, as an adjunct Professor. These courses involved preparing role plays and other exercises for students designed to develop ADR skills, awareness of bargaining styles and methods, communication skills and other functions relating to ADR training:

  • “Negotiation” (25 hours), at Benjamin N. Cardozo School of Law, Spring 2002 – 2016;
  • “Dispute Resolution Approaches and Processes” (25 hours), at Benjamin N. Cardozo School of Law, Summer Institute, Summer 2002 – 2004;
  • “Negotiation and Mediation” (25 hours), at Benjamin N. Cardozo School of Law, Summer Institute, Summer 1998 – 2001;
  • “Fundamentals of ADR” (25 hours for each course), New York University School of Continuing and Professional Studies, Department of Finance, Law & Taxation, Certificate Program in Dispute Resolution.

In addition, through participation in various Bar related and ADR organizations, I have participated in the formation, moderation and facilitation of numerous ADR trainings and panels including:

NYCLA

  • Part 137 Attorney-Client Fee Arbitration Training, October 2015, February 2013 & November 2010
  • Speaker, “How to Handle an Employment Discrimination Case,” NYCLA Employment Committee, May 2012
  • Panelist, “Mediation Diversity: Tips for Becoming a Mediator and Developing a Successful Practice,” March 2012
  • Presenter, “ADR in Commercial Litigation, ” December 2008
  • “Nuts and Bolts of New York Partnership Law” (speaking on dispute resolution of Partnership matters, with a focus on mediation) March 2006;
  • “Mediation in Bankruptcy” November 2004;
  • Presenter, “Bridge the Gap” (portion on Alternative Dispute Resolution), Quarterly presentations, 1999 – present;
  • “Effective Mediation Advocacy: Tips for Representing the Client” October 2003;
  • “Impasse Breaking Techniques in Mediation” Winter 1998;
  • “Hot Topics in Securities Arbitration” Spring 1998 (co-sponsor to Securities Committee);
  • “Hot Topics in Securities Arbitration” Spring 1996;
  • “How to Represent Your Clients Successfully in the New Mandatory Mediation and Early Neutral Evaluation Programs in the U.S. District Courts”;

NYSBA and ABA

  • Moderator & Co-Chair, “Exploring New Frontiers in ADR – A Fresh Look at Mediation and Arbitration Theory, Practice and Skills,” NYSBA’s Dispute Resolution Section’s Annual Meeting, January 2014
  • Three-day Commercial Mediation Training (24 CLE credits), Fordham University School of Law, 2010 – 2016;
  • Moderator & Speaker, Dispute Resolution and E-Discovery, ABA Annual Meeting Chicago, IL April 2013
  • Speaker, NYSBA “Meet The Mediator,” Fordham Law School, February 2013
  • Speaker, NYSBA’s Young Lawyers Section “Bridge The Gap” Program, Albany, NY October 2010 – 2012
  • Speaker, NYSBA’s EASL “Effective Representation in Mediation,” October 2012
  • Two-day Advanced Commercial Mediation Training (16 CLE credits), Fordham University School of Law, April 2010
  • Moderator, NYSBA Dispute Resolution Section Annual Meeting, “Hybrid Processes: Challenges and Opportunities in the 21st Century and Beyond,” January 2009;
  • Presenter, NYSBA Commercial Division Training,  “Mediation Advocacy Training for Women and Minorities,” October 2007
  • Moderator, Committee on Alternative Dispute Resolution Annual Meeting, “Winning Through Mediation: Know When to Hold ’Em and Know When to Fold ’Em” January 2007;
  • “Making the Tough Calls,” Heller Ehrman Continuing Education Legal Education Program, May 2005;
  • Panelist speaking on mediation in CLE program presented by NYSBA Securities Committee on Mediation and Arbitration in the Securities Industry, November 1998;
  • Panelist (mediator) on NYSBA Committee on Alternative Dispute Resolution Program: Effective Advocacy in Mediation,” Winter 1997-98;
  • Chair of Breakfast Program, ABA Litigation Section ADR Committee: Implications of the RAND Corporation Report on ADR in the Federal Courts, Summer 1997;
  • Panelist, New York State Supreme Court, New York County,
  • Commercial Division, Anniversary Neutrals’ Luncheon Forum, Fall 1997 and Fall 1996;

FBA

  • Presenter, “Mediation & Discovery,” Fifth Annual FBA Hawaii Conference – Honolulu, Hawaii, December 2013
  • Presenter, “Effective Representation in Mediation,” FBA ADR Section Webinar, April 2013 & June 2014
  • Moderator & Speaker, Dispute Resolution and E-Discovery, a discussion surrounding the 2nd Edition of Tompson Reuters/Westlaw’s book by the same name (1.5 CLE credits), September 2012

NYSDRA

  • Panelist ADR Day Program 2000;

CPR

  • Two-Day Advanced Commercial Mediation Training (16 CLE credits), Fordham University School of Law, January 2012 & June 2013

PLI

  • Presenter, Bridge The Gap “Effective Representation in Mediation,” September 2011, January 2014, August 2014, January 2015, August 2015, September 2015
  • Presenter, Bridge The Gap “Negotiation for Dealmaking, Disputes & Mediation,” January 2012, August 2012, January 2013, August 2013

ACR-GNY

  • Speaker, “Hawking Our Wares in the Marketplace of Values – Selling Quality Not Cost When Promoting Mediation; & the Interplay of Global Norms of Justice and Harmony in the Mediation Forum,” June 2014
  • Panelist, “Discussion on E-Discovery,” Cardozo Law School, June 2013
  • Speaker, “Mediating High Profile Cases,” ACR-GNY Breakfast, October 2007

NASP

  • Speaker, NASP 2006 Conference…It’s a Jungle Out There! Presentation on “Alternatives to Jury Trial – How To Succeed In Subrogation Without Really Trying,” June 2006;
  • Presenter, “Nuts and Bolts of a Successful Mediation/ ADR in Large Loss Subrogation Matters,” Subrogation Litigation Skills Conference, Las Vegas, Spring 2008.

Russia and MGU Law Students

  • Hosted and Presented “ADR in the United States” to a group of Russian Law Students from MGU – Russia’s top law school – led by Professor Gaya Davidyan, 2010 – 2016
  • Participated in the International Conference “The Use of Mediation for the Settlement of Commercial Disputes under Modern Economic Conditions” attended by over 150 representatives of small, medium, and big businesses, as well as defense attorneys, practicing lawyers, and government officials was held December 3, 2009, at the Congress Center of the Russian Chamber of Commerce and Industry with the support of the U.S. Department of Justice, U.S. Embassy, and the Russian Center for Arbitration and Mediation, Russia Chamber of Commerce, Moscow, Russia – 2009
  • Presenter, “The Mediation Workshop,” Presentation with the Hon. Robert M. Levy of a Master Class on Commercial Mediation held at the Russia Chamber of Commerce – Moscow, Russia – 2009
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