Effective Representation in Mediation and Negotiation

(526 Ratings)

Produced on: January 16, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Intermediate

In order to help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles. In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid.

 

Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when to settle, walk away, or prepare for an expensive and time consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator.

 

Learning Objectives:

I.   Develop a vision of mediation and its possibilities

II.  Understand the role of the mediator to maximize the benefits of the neutral party

III. Best prepare your client for mediation

IV. Effectively communicate with the mediator

V.  Address the Pre-Mediation Statement and properly gather and provide necessary information prior to and during mediation

 

Faculty

Simeon H. Baum

Resolve Mediation Services, Inc.

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.

Reviews

SD
Steven D.

Some concrete examples of how to approach a mediation might have helped the presentation, but it was clear that the presenter knew what he was talking about.

DK
Dianne K.

Excellent Series

PB
Patrick B.

excellent program, very informative.

ME
Michel E.

Learned a lot about tools available.

RS
Richard S.

Very thorough and helpful in thinking outside of the box in mediation and negotiation. Thank you!

JT
Joel T.

Great presentation

RS
Richard S.

very insightful

GV
G Q Buck V.

Very informative and good overview. I enjoyed the presentation and learned how to use valuable skills.

KS
Kevin S.

Informative. Good overview.

KR
kevin r.

Great program. I can see why he is an effective mediator. And kudos for the literary and classical references.

SM
S.A. M.

Good course

PK
paul k.

Great presentation, many interesting references to martial arts and literature keep it interesting. Good Job!

GW
Gwaina W.

Great background information and starting points to begin mediating

LK
Linda K.

excellent

RG
Robert G.

great presentation

JG
Janice G.

good class

RL
Robert L.

I wish I had taken this prior to my last mediation. Although some of the material is "common sense," it really helps to go through it in context and away from the heat of the moment. More time could have been allocated for this program.

NI
Natasha I.

Extremely informative. Enjoyed this course.

DG
D. Larry G.

Exceptional. Loved the presentation.

PC
Phyllis C.

Good legal overview with smart insights into psychology and motivations.

EK
Elizabeth K.

Excellent presentation - very useful even to those who have negotiation/mediation experience.

RJ
RG J.

Best presentation so far.

KJ
Kate J.

good quotes

SI
Stephanie I.

Outstanding presentation. I will probably watch it a second time!

RW
Raye W.

Great speaker!!!

AS
Andrew S.

one of best programs

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