gradient circle (purple) gradient circle (green)

Tactical Decisions That Counsel And The Client Must Often Make While Participating In Mediation: Part 1 (Webinar)

Tactical Decisions That Counsel And The Client Must Often Make While Participating In Mediation: Part 1 (Webinar)


This is part one of a two part series. Part two will be taking place June 29 at 10 a.m.

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.

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 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
Start Date:
  • June 16, 2020
Start Time:
  • 10:00 AM
End Time:
  • 11:00 AM
Areas Of Professional Practice Credit(s):
  • 0.5
Skills Credit(s):
  • 0.5
Total Credit(s):
  • 1.0
  • Virtual Participation
  • Live
Product Code:
  • 0HV8A
Non-Member Pricing: $150.00
Sponsoring Committee Group
  • Committee On Continuing Legal Education
  • Dispute Resolution Section
  • Commercial & Federal Litigation Section

You May Also Be Interested In


Emergency Arbitration And Its Benefits In A Remote Environment (Webinar)

Co-sponsored by the Dispute Resolution Section and the Commercial and Federal Litigation Section of the New York State Bar Association. this program will explore the…


Negotiating In The Age Of Coronavirus And Beyond: The Mediator’s Perspective (Webinar)

Two experienced mediators discuss the challenges presented by the pandemic and its effect on negotiating disputes. Times of crisis create extraordinary difficulties as well as…


COVID-19 Insurance Primer For Entertainment Attorneys: Business Interruption And Event Cancellation Coverage (Webinar)

COVID-19 has dramatically impacted the New York entertainment industry and insurance concerns are at the forefront of survival for many entertainment businesses, large and small.…


Commercial Arbitration Training For Arbitrators And Counsel: Comprehensive Training For The Conducting Of Commercial Arbitrations, Domestic And International (Webinar)

For new arbitrators and seasoned arbitrators interested in taking their skills to the next level – and for litigators interested in learning how best to…


Business Arbitration And Mediation 2020: How Arbitration And Mediation Will And Should Look In The Future (Webinar)

This program will address how business arbitration and mediation will and should develop, from the perspectives of users, counsel, and neutrals, in the future—so we…


Practicing Animal Law Post COVID-19 Using ADR And Remote Platforms (Webinar)

This program assists attorneys, who include animal law in their practice, in incorporating two important new skills into their client response, ADR and operating a…

Member Benefits_Business Services_JDL Group

Test Item For Staff Reference

This is the product excerpt for the website


Tactical Decisions That Counsel & The Client Must Often Make: Part 2 (Webinar)

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…


A Town Hall On ADR Solutions During COVID-19: Learn The Virtual Ropes – Part Two (Webinar)

In this webinar, Hon. Ariel E. Belen (Ret.) will lead advocates and parties through a hypothetical virtual arbitration session using an online platform. This process…


Drafting ADR Clauses: Exploring Creative Solutions To Dispute Resolution

The panel will address crafting clauses for traditional arbitration, as well as good faith efforts for mediation and requirements that business representatives informally "meet and…