2-Day Advanced Commercial Mediation Training – Fall 2022

Please note: This training is now sold out. Please contact Simone Smith at [email protected] if you would like ot be added to the wait list. This program will be held virtually, the quality of your training will be equal, as it has been for the last two+ years. 

This two-day Commercial Mediation Training is approved under Part 146 of the Rules of the Chief Administrative Judge.

Please note:

Final placement on any court roster is at the discretion of the local Administrative Judge; 

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.  

Dispute Resolution Section Members and Fordham Alumni: $480; NYSBA Members: $530; Non-Members: $630

The Dispute Resolution Section of the New York State Bar Association is proud to offer the 2-Day Advanced Commercial Mediation training that has been presented by Simeon Baum and Steve Hochman for Commercial Division mediators for over a decade. This Part 146 approved program is designed for mediators who have completed — or plan to complete — a minimum of three days of Part 146 approved basic mediation training and who desire to enhance their commercial mediation skills. Together, these five (5) days of training satisfy the training requirement for service on New York's Commercial Division ADR panel. This program will focus on identifying the barriers to settlement and the ways to overcome them. In addition to refining and deepening facilitative skills and orientation, the program will address ways of facilitating evaluative analyses or offering evaluative feedback to help the parties reach a resolution. This can include refining the handling of risk and transaction cost analysis, including the use of decision trees, as well as utilizing a variety of impasse breakers. The program will offer approaches to problems that arise when there are multiple parties or when one or more of the defendants has, or may have, insurance coverage with one or more insurance companies as well as ways to overcome impasse. This program will focus on identifying the barriers to settlement and the ways to overcome them. In addition to refining and deepening facilitative skills and orientation, we will address ways of facilitating evaluative analyses or offering evaluative feedback to help the parties reach a resolution. Finally, we will discuss the ethical issues that arise under various scenarios and how to deal with them. Find more information about the three days of Part 146 approved basic mediation training here.

Program Presenters:

SIMEON H. BAUM, ESQ.: Mr. Baum has practiced law in New York City for nearly 40 years as a commercial and general civil litigator, and has served as a neutral since the early 1990s.  He is a principal of the firm of Simeon H. Baum, Esq., and President of Resolve Mediation Services, Inc. (www.mediators.com).  He was the founding Chair of the New York State Bar Association's Dispute Resolution Section, and has conducted over 2,000 mediations, including numerous commercial disputes.  Mr. Baum has taught, lectured, and written extensively on ADR, including teaching "Fundamentals of ADR" at New York University's School of Continuing and Professional Development, and negotiation, mediation, and processes of dispute resolution at the Benjamin N. Cardozo School of Law.  He was selected as "Lawyer of the Year" for ADR in New York by Best Lawyers for 2011, 2014, 2018 and 2020. 

STEPHEN A. HOCHMAN, ESQ.:  Mr. Hochman practiced law for over 40 years, specializing in corporate, commercial and securities law. He has mediated over 450 commercial and other types of disputes, including class actions and financial, employment, insurance, real estate, partnership and bankruptcy disputes, approximately 98% of which have settled. Mr. Hochman now practices exclusively as a mediator and arbitrator and writes, consults and lectures frequently on ADR subjects. For over two decades Mr. Hochman has trained the mediators in New York County and various other downstate counties. He also served on the investment committees and boards of various non-profit corporations, including several hospitals and a captive insurance company. 

Co-sponsored by the Dispute Resolution Section of the New York State Bar Association, Fordham University School of Law, and the Fordham University ADR & Conflict Resolution Program. 

 Program Topics

• Cultivating Ideal Mediator Orientation, Attitude & Awareness

• Effective Preparation

• Effective Communication

• Deep Listening Skills

• Effective Openings

• Maximizing Opportunities in Joint Session

• Wise Caucusing

• Power Risk Analysis – Art, Timing & Tact in Engaging in Evaluative Processes

• Impasse Breaking

• Coming to Closure

• Theoretical Tools to Grasp the Underlying Negotiation

• Mediation Ethics

SECTION DESTINATION MEETINGS & MULTI-DAY LIVE CLE PROGRAMS 

Cancellations received more than 10 days from the scheduled event date    100% refund

Cancellations received between 1-10 days from the scheduled event date    50% refund

Cancellations received day of or after the scheduled event date    No refund