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Mediation requires conflicting parties to swim in the waters of trust. Where trust might be said to be at the heart of ethics, no course on mediation would be complete without an exploration of essential ethical issues in mediation.
In Part VIII of this Commercial Mediation program, Mr. Baum reviews the chief ethical issues to which all mediators should be sensitive. Guided by the AAA/ABA/SPIDR (ACR) Standards of Conduct for Mediators, we review these issues and standards.
I. Understand the centrality of ethical issues to mediation
II. Gain familiarity with the AAA/ABA/SPIDR (ACR) Standards of Conduct for Mediators
III. Recognize ethical issues relating to:
a. Party self-determination
b. Neutrality and impartiality
d. Honesty and disclosure
e. Candor in advertising
f. Various other issues
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.
Excellent course with many practical tips.
Great summary conclusion of series
he was wonderfully informative
tremendous presentation, thank you
Great instructor because he is well informed, well prepared , experienced and very likeable. I took this session out of order and he inspired me to take the rest of the course even though I am already a certified mediator in my state.
One thing I particularly found beneficial was the idea that my concept of "fair" may not be the parties concept of "fair". Keeping that in mind will help me to remember it is their process.
This was a great course and part of a feat series--practical, savvy, informative--highly recommend!
Having already completed a 40-hour basic mediation training course, I watched this module before the previous seven modules and found it quite good on its own - it all made me want to go back now and watch the other modules.
A very thoughtful presentation, and an excellent close to an 8-part series.
This seminar and the previous seven seminars dealing with Commercial Mediation provide an excellent overview of this important area. The entire course was done in an informative and helpful manner. I would recommend the entire course for everyone.
Simeon Baum is the best speaker I have heard on LawLine. He is always well prepared and delivers his material in a very appealing manner.
Very informative - great speaker!
Excellent series, and a great refresher for my mediation training.
Good program--thoughtful and well-paced.
Excellent presentation. Very thought provoking! Thank you.
I liked the historical perspective on the development of ethics--something you don't often get in a CLE.
Very general information.
Mr. Baum is one of the very best presenters I have ever heard.