CLE Webinar: Legal Ethics and the Mediation Process

New York, NY (September 21, 2022) – NAM (National Arbitration and Mediation), one of the nation's leading providers of Alternative Dispute Resolution (ADR) services, is pleased to announce that NAM neutral, Hon. Alan D. Scheinkman (Ret.), presented Legal Ethics and the Mediation Process through the National Academy of Continuing Legal Education (NACLE). 

To register and view this CLE presentation please click here.

The use of Alternative Dispute Resolution (ADR), particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process that many counsel lack familiarity with.  Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. While trust of an adversary is a relative concept, there is an ethical obligation of fair dealing when negotiating a settlement. The absence of same will breed mistrust which will detrimentally affect the mediation process.

Justice Scheinkman will explore ethical considerations as they relate to settlement negotiations generally and with opposing counsel, issues relating to the representation of the client, problems that may arise with respect to the parties that attend the mediation, confidentiality, conveyance of demands and offers, disclosure of new information, insurance issues, the submission of pre-mediation submissions, settlement terms and other topics.

The presentation will focus on the ethical obligation to negotiate in good faith and strategies of a proactive approach by counsel to head off bad faith behavior.

About NAM's Presenter

Hon. Alan D. Scheinkman (Ret.) is a member of NAM's (National Arbitration and Mediation) Hearing Officer Panel and is available to arbitrate and mediate cases throughout the United States.  He is the former Presiding Justice of the Second Judicial Department of The New York State Supreme Court, Appellate Division, where he heard appeals of a wide variety complex litigation matters that included business disputes, labor and employment partnerships, landlord and tenant, commercial foreclosure cases, business receiverships, business torts, matrimonial and family law, trusts and estates, defamation, land use and construction, health law and wage and hour cases.  As an appellate judge, trial judge and litigator, he has handled all types of employment matters that include breach of contract, trade secrets, confidentiality agreements, covenants not to complete, wrongful termination, discrimination, sexual harassment, and wage and hour disputes. Justice Scheinkman was voted the #1 Arbitrator in New York State in the 2021 New York Law Journal Best of Survey.  

About NAM's complimentary Continuing Legal Education programs

NAM provides complimentary Continuing Legal Education (CLE) programs virtually, on-site at your office, or in any of NAM's dedicated conference facilities. Our Continuing Legal Education department will work with your firm or organization to customize a CLE program that is designed to meet your specific CLE issues and topics of interest. Our well-respected faculty provides participants with an interactive presentation that will engage and educate your audience as they earn relevant CLE credit.

Please contact NAM's CLE department at 800-358-2550, ext. 145 or email Sharon Pedersen at spedersen@namadr.com for information on how we can customize a CLE program for your organization.