Training & Events


Event Information:

  • Tue

    Tactical Decisions that Counsel and the Client Must Often Make While Participating in Mediation: Part 1 (Webinar)

    10:00 a.m. - 11:00 a.m.Webinar - Online Video Conferencing
    This is a two-part program on effective representation of parties in mediation, offering reflections of two one hour panels, comprised of representatives, users and mediators. This is part of a broader series of webinars on this topic presented by the Dispute Resolution Section of the New York State Bar Association. I am pleased to be a part of tomorrow morning's panel, from 10-11 a.m. (Tuesday, June 16th). Part two will be held from 10-11 a.m. the following day (Wednesday, June 29th).
    Go to register: Registration
    These programs will involve in-depth discussion of critical tactical decisions that lawyers and their clients must often make in mediation by two panels of lawyers experienced in representing clients in mediation and experienced mediators. This is part one of a two-part series. Part two will be taking place June 29 at 10 a.m.
                         Part I (Tuesday, June 16th, 10:00 - 11:00 a.m.):
    Moderator: Daniel Kolb, Esq., Senior Counsel, Davis Polk & Wardwell, LLP
    • Simeon H. Baum, Esq., President, Resolve Mediation Services, Inc. (
    • David M. Brodsky, Esq., Brodsky ADR LLC, former General Counsel of Credit Suisse Americas and head of the Litigation Department of Schulte Roth and Co-Chair of the Securities Litigation and Professional Practice Group of Latham & Watkins
    • Krista Gottlieb, Esq., Mediator and Arbitrator
    • William McKracken, Esq., Ganfer Shore Leeds and Zauderer
    Part I Key Topics:
    • Mediation Goals, Opportunities & Timing
    • Preparation of Client & Team Selection
    • Handling Initial Call with Mediator
    • Lining Up All Needed for Success
    • Effective Openings at Mediation
    • Effective Use of Joint Session
                         Part II (Wednesday, June 29th, 10:00 - 11:00 a.m.):
    Moderator: Daniel Kolb, Esq., Senior Counsel, Davis Polk & Wardwell, LLP
    • Leslie A. Berkoff, Esq., Moritt Hock & Hamroff LLP
    • Theo Cheng, Esq., Mediator, Arbitrator, Immediate Past Chair, NYSBA Dispute Resolution Section
    • Mark C. Morril, Esq., Morril ADR, Arbitrator & Mediator, formerly General Counsel, Simon & Schuster; and Deputy General Counsel of Viacom/CBS
    • Melissa Yang, Esq., Rakower Law
    Part II Key Topics:
    • Key Decisions in Negotiating in Mediation
    • Effective Use of Caucus
    • Length of Mediation; When to Walk Away; Follow Up
    • Balancing Claiming Value and Creating Value
    • Balancing roles of principals and agents
    • Balancing Assertiveness, Empathy and Cooperation
    • Effective Use of Mediator; Candor or Spinning?
    • Proposal Generation
    • Assessing Proposals
    • Challenging personalities & interparty dynamics
    • Crafting persuasive pitches - both legal and deal
    • Impasse challenges
    • Memorializing the Deal