3-Day Commercial Mediation Training – Spring 2022
Please note: This program is sold out. We will hold this program again this Fall in October.
Dispute Resolution Section Members and Fordham Alumni: $745; NYSBA Members: $795; Non-Members: $895
For over 20 years, Simeon H. Baum and Stephen A. Hochman have delivered this three-day training designed for mediators on New York State Court’s Commercial Division ADR panel. This training is approved under Part 146 of the Rules of the Chief Administrative Judge. Together with their Advanced Commercial Mediation training that will be presented through NYSBA's Dispute Resolution Section later in the year these programs provide the five (5) days of training required for service on the Commercial Division ADR roster.
Participants in this virtual, interactive training will engage in a thorough examination of mediation principles and techniques. With a dynamic blend of PowerPoint, plenary group discussion, and exercises and role-plays, attendees gain direct experience of the structure of a typical mediation, reflect on ethical issues that may rise in mediation, and explore solutions for generating movement and overcoming impasse. Participants will grapple with the tension between facilitative and evaluative or directive approaches in mediation, both from a practical and from an ethical perspective, and will discuss the advantages and disadvantages of these styles.
Program Presenters:
Simeon H. Baum, Esq.
Mr. Baum is a 30+ year litigator and President of Resolve Mediation Services, Inc. (www.mediators.com); serving as a mediator, arbitrator, and neutral evaluator in nearly 2,000 disputes since 1992. His mediations include the highly publicized Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees for redevelopment of the World Trade Center site and Trump’s $ 1 billion suit over the West Side Hudson River development. He served as founding Chair of NYSBA’s Dispute Resolution Section. He was Chair of the Federal Bar Association's ADR Section, past president of the FBA's SDNY Chapter, and on the FBA's national Board of Directors. He has served on ADR Advisory Groups to the New York Court system and trained their Commercial Division mediators for the last 20 years. In 2011, 2014, 2018, and 2020, Best Lawyers selected Mr. Baum as New York’s ADR “Lawyer of the Year.” He teaches on the ADR faculty at Benjamin N. Cardozo School of Law and is a frequent speaker and trainer on ADR.
Stephen A. Hochman, Esq.
Mr. Hochman, a founding partner in the firm now known as Kramer, Levin, Naftalis & Frankel, practiced law for over 40 years, specializing in corporate, commercial, and securities law. He has successfully 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. Over the last 20 years, Mr. Hochman, together with Mr. Baum, has trained the mediators in New York County and various other downstate counties. He also served on the boards and investment committees 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.
Topics & Skills Presented by: Simeon H. Baum, Esq., litigator, mediator & President, Resolve Mediation Services, Inc. (www.mediators.com) and Stephen A. Hochman, Esq., mediator & arbitrator
• 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
• Attorney & Party Roles in Mediation
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.
- March 15, 2022
- March 17, 2022
- 8:30 AM
- 5:00 PM
- 6.0
- 4.0
- 1.5
- 12.5
- 24.0
- Virtual Participation
Tuesday, March 15, 2022, Morning Session
4.5 MCLE Credits (3.0 Areas of Professional Practice, 0.5 Ethics, 1.0 Skills)
8:30 – 8:45 a.m. Welcome and Introduction to the Commercial Mediation Training
8:45 – 9:35 a.m. Commercial Mediation: The Basics (what makes a good mediator)
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(1.0 MCLE Credit in Areas of Professional Practice)
9:35 – 10:25 a.m. Theories of Conflict & Dispute Resolution Spectrum
Simeon H. Baum, Esq.
(1.0 MCLE Credit in Areas of Professional Practice)
10:25 – 10:40 a.m. BREAK
10:40 – 11:30 a.m. Defining Mediation
Simeon H. Baum, Esq.
(1.0 MCLE Credit in Areas of Professional Practice)
11:30 – 11:55 a.m. Ethics: Mediation Theory and the Role of the Mediator
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(0.5 MCLE Credit in Ethics)
11:55 a.m. – 12:45 p.m. Negotiation Skills, Theory, Strategy & Skills
Including Mediator Qualities, Tasks & Functions, Tips from the Tao te Ching Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(1.0 MCLE Credit in Skills)
12:45 – 1:30 p.m. LUNCH
Tuesday, March 15, 2022, Afternoon Session
3.5 MCLE Credits (1.0 Areas of Professional Practice, 0.5 Ethics, 2.0 Skills)
1:30 – 2:20 p.m. Negotiation Theory and Communication Skills
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(1.0 MCLE Credit in Skills)
2:20 – 3:10 p.m. Listening & Reframing Skills
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(1.0 MCLE Credit in Skills)
3:10 – 3:35 p.m. Ethics: Ethical Issues that Arise in Communication
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(0.5 MCLE Credit in Ethics)
3:35 – 3:45 p.m. BREAK
3:45 – 4:35 p.m. Mediator Qualifier & Stages of Mediation
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(1.0 MCLE Credit in Areas of Professional Practice)
4:35 – 5:00 p.m. Questions and Answers
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
Wednesday, March 16, 2022, Morning Session
4.5 MCLE Credits (0.5 Areas of Professional Practice, 0.5 Ethics, 3.5 Skills)
8:30 – 8:55 a.m. Review & Mediation Tips from Tao Te Ching
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(0.5 MCLE Credit in Areas of Professional Practice)
8:55 – 9:20 a.m. Preparation for Mediation
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(0.5 MCLE Credit in Skills)
9:20 – 9:45 a.m. Generating Movement for Joint Session & Caucus: Impasse Breaking Techniques, Logrolling
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(0.2 MCLE Credit in Skills)
9:45 – 10:10 a.m. Ethical Dilemmas in Joint Session & Caucus
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(0.5 MCLE Credit in Ethics)
10:10 – 10:15 a.m. BREAK
10:15 – 12:20 a.m. Mediation Role Play
Small Groups with Facilitators
(2.5 MCLE Credits in Skills)
12:20 – 12:35 p.m. Q & A, General Discussion
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
12:35 – 1:00 p.m. Prosando Mediation Video & Discussion – Part 1
1:00 – 1:20 p.m. LUNCH
Wednesday, March 16, 2022, Afternoon Session
4.0 MCLE Credits (0.5 Areas of Professional Practice, 3.5 Skills)
1:20 – 1:45 p.m. Generating Movement for Joint Session & Caucus: Impasse Breaking Techniques (continued)
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(0.5 MCLE Credit in Skills)
1:45 – 2:10 p.m. Ten Mistakes Even Good Mediators May Make; Counterpoint to Ten Mistakes
Stephen A. Hochman, Esq.
(0.5 MCLE Credit in Areas of Professional Practice)
2:10 – 2:20 p.m. BREAK
2:20 – 4:25 p.m. Mediation Role Play
Small Groups with Facilitators
(2.5 MCLE Credits in Skills)
4:25 – 5:00 p.m. Discussion of Role Play; Questions and Answers
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(0.5 MCLE Credit in Skills)
Thursday, March 17, 2022, Morning Session
4.0 MCLE Credits (0.5 Areas of Professional Practice, 1.0 Ethics, 2.5 Skills)
8:30 – 8:55 a.m. Attorney’s Role in Mediation
Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(0.5 MCLE Credit in Areas of Professional Practice)
8:55 – 9:20 a.m. Ethical Issues Related to the Attorney’s Role in Mediation Stephen A. Hochman, Esq. with Simeon H. Baum, Esq.
(0.5 MCLE Credit in Ethics)
9:20 – 9:45 a.m. Ethics: Advice to Advocates in Mediation
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(0.5 MCLE Credit in Ethics)
9:45 – 10:10 a.m. Questions and Answers
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
10:10 – 10:20 a.m. BREAK
10:20 – 12:25 p.m. Mediation Role Play
Small Groups with Facilitators
(2.5 MCLE Credits in Skills)
12:25 – 1:00 p.m. Prosando Mediation Video & Discussion – Part 2
1:00 – 1:25 p.m. LUNCH
Thursday, March 17, 2022 Afternoon Session
3.5 MCLE Credits (0.5 in Areas of Professional Practice, 1.5 in Law Practice Management, 1.5 Ethics)
1:25 – 1:50 p.m. ADR in the Commercial Division: Description, Rules, and Objectives
Commercial Division Representatives
(0.5 MCLE Credit in Areas of Professional Practice)
1:50 – 3:05 p.m. Ethics: The New Rules of Professional Conduct and How they Relate to Mediators
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
(1.5 MCLE Credits in Ethics)
3:05 – 3:25 p.m. BREAK
3:20 – 4:35 p.m. Tips and Challenges – Building a Mediation Practice
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq. (1.5 MCLE Credits in Law Practice Management)
4:30 – 5:00 p.m. Questions and Answers
Simeon H. Baum, Esq. with Stephen A. Hochman, Esq.
- Stephen A. Hochman, Esq., Mediator, Arbitrator
- Simeon H. Baum, Esq., Resolve Mediation Services
- Webinar
- 0LJ11
- Dispute Resolution Section
- Committee on Continuing Legal Education
