For the last 20 years, experienced mediator Simeon H. Baum (www.mediators.com) has trained the mediators for New York’s Commercial Division, which handles the most significant business cases in New York’s busiest courts. In this opening segment of Lawline’s June 2016 ADR Day presentation, he presents not only strategies and skills but also an overarching vision of mediation and insight into mediator orientation and negotiation theory that offers guidance to representatives and mediators alike for this fluid, dynamic, creative, and meaningful process of dispute resolution.
Learn the place of mediation in the dispute resolution spectrum. Familiarize yourself with various views of the orientation, purpose, and role of the mediator; and the nature and potential of the mediation process. Where mediation involves a facilitated negotiation, gain helpful insights into negotiation theory and skills. Consider how to generate movement in mediation and get past impasse. Lastly, discover ten mistakes even good mediators make.
I. Understand mediation in the broader context of conflict resolution
II. Develop a vision of mediation and its possibilities
III. Comprehend the role of the mediator
IV. Grasp core negotiation theory and skills
V. Identify five conflict modes and learn to handle emotional triggers and foster a constructive negotiation
VI. Consider the importance of timing in mediation
VII. Understand how to lay the groundwork for later stages of mediation
VIII. Review and give practical application to various mediation pointers, including:
A. Proper party participation
B. Mediator role as agent of reality
C. Supporting needed emotional expression
D. Coaching parties on proposals
E. Managing party expectations
F. Avoiding premature evaluation
G. Handling cognitive and psychological barriers
IX. Recognize the benefits, uses, and risks of “mediator’s proposal”
X. Appreciate both the benefits and detriments of “orchestrating” the parties’ negotiation
This course originally appeared as a part of our June 2016 Bridge the Gap Event.
Simeon Baum, President of Resolve Mediation Services, Inc. (www.mediators.com), has successfully mediated over 1,000 disputes. He has been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases, including the highly publicized mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, Trump’s $ 1 billion suit over the West Side Hudson River development, and Archie Comics’ shareholder/CEO dispute. He was selected for New York Magazine’s 2005 - 2014 “Best Lawyers” and “New York Super Lawyers” listings for ADR (http://www.superlawyers.com/new-york-metro/lawyer/Simeon-H-Baum/1de9e280-ba02-4bfb-8fe8-659bc286b8e4.html) and Best Lawyers’ “Lawyer of the Year” for ADR in New York for 2011 and 2014 (http://www.bestlawyers.com/Lawyers/Simeon_H_Baum)and for the International Who’s Who of Commercial Mediation Lawyers 2012-14.
An attorney, with 30 years’ experience as a litigator, Mr. Baum has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, malpractice, employment, ERISA benefits, accounting, civil rights, partnership, family business, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property,
Mr. Baum has a longstanding involvement in Alternative Dispute Resolution ("ADR"). He has served as a neutral for the United States District Courts for the Southern and Eastern Districts of New York Mediation Panels; New Jersey Superior Court, Civil Part, Statewide; Commercial Division, New York State Supreme Court, New York & Westchester Counties; U.S. Bankruptcy Court, Southern & Eastern Districts of New York; the New York Stock Exchange; National Association of Securities Dealers; the U.S. Postal Service, the U.S. Equal Employment Opportunity Commission, and CPR, and National Academy of Distinguished Neutrals (NADN), among others.
Mr. Baum’s peers have appointed him to many key posts: e.g., Member, ADR Advisory Group, Commercial Division, Supreme Court, New York County; ADR Advisory Group and Mediation Ethics Advisory Committee, N.Y. State Unified Court System. Founding Chair of the N.Y. State Bar Association’s Dispute Resolution Section, he was also subcommittee chair of the N.Y. State Bar Association’s ADR Committee; Legislative Tracking Subcommittee Chair of the ADR Committee of the Litigation Section of the American Bar Association; Charter Member, ABA Dispute Resolution Section Corporate Liaison Committee; President, Federal Bar Association’s SDNY Chapter, and Chair of the FBA’s national ADR Section. He is past Chair of the New York County Lawyers Association (NYCLA) Committee on Arbitration and ADR. Besides serving on the NYCLA’s Committee on Committees, he is past Chair of the Joint Committee on Fee Dispute and Conciliation (of NYCLA, ABC NY, and Bronx County Bar Associations), and is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program. He is also a Fellow of the American Bar Foundation. He is a Director for the New York NADN panel.
Mr. Baum has shared his enthusiasm for ADR through teaching, training, extensive writing and public speaking. He has taught ADR at NYU's School of Continuing and Professional Development, and he teaches Negotiation, and Processes of Dispute Resolution (focusing on Negotiation, Mediation and Arbitration) at the Benjamin N. Cardozo School of Law. He developed and conducts 3-day programs training mediators for the Commercial Division, Supreme Court, New York, Queens, and Westchester Counties. He has been a panelist, presenter and facilitator for numerous programs on mediation, arbitration, and ADR for Judges, attorneys, and other professionals. Mr. Baum is a graduate of Colgate University and the Fordham University School of Law.
Good presentation; excellent material, e.g. 10 possible ways to overcome an impass.
I learnt things - a thoughtful presentation
One of the best lectures I've heard yet with some very practical help and examples
Excellent overall view of the mediation process.
Very clear and informative
simple tips, very practical, and enjoyed Mr. Baum
Well presented. Good materials.
excellent prep for an uncoming multiparty mediation process
Very good course
Great teacher who offered sound advice and examples.
Thanks for a well focused and interesting lecture on effective approaches to mediation.
This was a solid introduction to mediation process and methods, but designed more for an attorney who has not mediated many cases or is interested in becoming a mediator.
Presenter was engaging.
Terrific! Would love to do this work myself.
Got some fresh ideas for my next mediation. Instructor knew his stuff. I bet he's an excellent mediator.
Great information and approaches
I could listen to Simeon Baum all day. not only informative, but comprehensive as well.