Personal Injury Advanced Mediation Training Program
This program will provide opportunities for both experienced mediators and those who have completed their 24-hour Part 146 Basic Mediation Training to build the skills necessary to become Personal Injury Mediators on court panels in the NYS court system. (n.b., inclusion on any court panel requires the approval of the administrative judge of the district in question) With presentations by experienced personal injury mediators and practitioners, and Part 146-approved facilitative trainers, this program will provide broad information as well as the opportunity for hands-on, interactive roleplays, allowing attendees to gain knowledge and comfort with the mediation process as it may be used to resolve personal injury cases, including motor vehicle accidents, premises liability, and labor law 200/240/241 matters. For experienced mediators with their full 40-hour minimum Part 146 training, seeking to either add PI knowledge or fulfill biennial training requirements, a reduced rate is available, allowing such mediators to attend just the first day of the training, which will focus on substantive legal issues primarily. Please note, the training will be broken into a 6-CLE-hour day the first day, followed by two 5-hour days (noon to 5 pm), reducing the impact on other professional obligations, as two mornings are left open.
Please check the agenda on the link below.
Attendees can register for the whole program or Day 1 only.
This mediation training is approved by the New York State Unified Court System’s Office of ADR Programs under Part 146.
Please note:
- Final placement on any court roster is at the discretion of the local Administrative Judge, and participation in a course does not guarantee placement on a local court roster.
- Some courts may require additional training and experience beyond Part 146’s requirements.
- Acceptance on court rosters may depend on a court’s need for mediators at any given time and may include a particular court’s need for mediators with specific case-type training or experience.
- December 1, 2021
- December 3, 2021
- 9:30 AM
- 5:00 PM
- 4.0
- 2.0
- 10.0
- 16.0
- Virtual Participation
TRAINING AGENDA
Day One
WELCOME AND INTRODUCTIONS
9: 00 – 9:30
Justice Kaplan:
Personal Injury Mediation – “This is Not a Settlement Conference”
Lisa Courtney and Honorable Joel Kullas:
The Presumptive ADR Program in New York State
9:30 – 10:20 [50 min.]
I. Mediation Skills and Considerations
Presenters: Jess Bunshaft, Esq., Elena Sapora
1.0 Credit in Skills
BREAK 10:20 – 10:35
10:35 – 12:20
II. Substantive Concepts in a Personal Injury Case
A. Motor Vehicle Liability
10:35 – 11:25 [50 min.]
Presenters: Kathryn FitzGerald, Esq. and Halina Radchenko, Esq.
0.5 Credits in Areas of Professional Practice, 0.5 Credits in Skills
B. Premises Liability Considerations and Special Issues
11:25 – 12:15 [50 min.]
Presenters: Anthony J. Emanuel and Karen Saab-Dominguez
0.5 Credits in Areas of Professional Practice, 0.5 Credits in Skills
LUNCH 12:15 – 1:00 [45 min.]
C. Labor Law 200
Presenters: Angelicque Moreno and Marc Pillinger
Labor Law 240 (Scaffold Law)
Labor 241 （6）
2. Presentation by the Parties
3. Adverse Interests of the Parties
4. Damages, Briefly
5. Negotiations
6. Parting Thoughts
1.0 Credits in Areas of Professional Practice
D. Proof, Valuation and Other Practical Considerations for the PI Mediator
1:50 – 2:40 [50 min.]
Presenters: Jeff Miller and Jeff Lichtman
0.5 Credits in Areas of Professional Practice, 0.5 Credits in Skills
BREAK 2:40 – 2:55
2:55 – 3:45 [50 min.]
III. Key Considerations
Presenters: Tim Murphy, Jeff Miller, Kathryn FitzGerald
0.5 Credits in Areas of Professional Practice, 0.5 Credits in Skills
3:45 – 4:35 [50 min.]
IV. Ethical Issues Roundtable
Presenters: Jeffrey K. Anderson, Elena Sapora, Kathryn FitzGerald
1.0 Credits in Ethics
Day Two
12:00 – 3:00
V. Core Issues Impacting Success of a Personal Injury Mediation
Presenters: Jeffrey K. Anderson, Esq. & Timothy Murphy, Esq.
A. Is the case ripe for mediation? When to file the RJI
B. Preparing for mediation
C. The joint session
1.0 Credits in Ethics, 1.5 Credits in Skills
BREAK 1:30 – 1:45
D. Early caucusing
E. Keeping the conversation going – avoiding impasse
F. Getting to the finish line
BREAK 3:00 – 3:15
3:15 – 4:55 [100 min.]
VI. Fishbowl Demonstrations
Presenters: Mediator – Jeffrey K. Anderson/ Mediator analysis – Elena Sapora, Plaintiff Attorney – Angelique Moreno, Plaintiff – Timothy Murphy, Defendant Attorney – Kathryn FitzGerald, Insurance Adjuster – Karen Saab-Dominguez
Attendees will observe mediation skills and strategies through specific portions of a mock mediation. Participants will observe how to handle various situations and receive practical instruction.
A. Demonstration Number 1: Early caucuses with plaintiff’s side and defense side: [35 minutes]
Discussion [15 minutes]
B. Demonstration Number 2: Later caucuses with plaintiff’s side and defense side:
[35 minutes]
Discussion [15 minutes]
1.5 Credits of Skills
Day Three
12:00 – 12:15
VII. Review of the Process
Presenter: Elena Sapora
12:15 – 4:30
VIII. Mediation Role Plays
3.0 Credits in Skills
WRAP-UP AND CLOSING REMARKS
4:30 – 5:00
Justice St. George: “Presumptive ADR and the Personal Injury Case: It Works”
- Jeffrey K. Anderson, Esq., Speaker, Managing Partner, Anderson, Moschetti and Taffany, PLLC
- Jess A. Bunshaft, Esq., Speaker, Principal, Synergist; Mediation Winner, LIBN Leaders in Law 2020
- Lisa M. Courtney, Esq., Speaker, Statewide ADR Coordinator for the NYS Unified Court System, Oversees the ADR Office
- Anthony J. Emanuel, Esq., Bornstein & Emanuel P.C.
- Angelicque M. Moreno, Esq., Avanzino & Moreno P.C.
- Karen Saab-Dominguez, Esq., Goldberg Segalla LLP
- Elena Sapora, Speaker, Mediation Trainer
- Webinar
- 0LM91
- Dispute Resolution Section
- Committee on Continuing Legal Education
- Torts, Insurance, & Compensation Law Section
