Advanced Commercial Mediation Training – Fall 2021

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

Please note: This program regularly sells out. We encourage early registration.

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. Finally, the program 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 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 the 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. 

The Dispute Resolution Section of the New York State Bar Association is proud to offer a special program designed for mediators who have completed — or plan to complete — a minimum of three days of basic mediation training and who desire to enhance their commercial mediation skills. 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. Finally, the program will discuss the ethical issues that arise under various scenarios and how to deal with them.

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