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. Of importance are the ethical considerations that attach to settlement negotiations. Given the nature of mediation there is no enforcement mechanism to ensure that the parties negotiate in an ethical fashion which translates to good faith. While trust of an adversary is a relative thing 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.
The course, presented by Hon. John P. DiBlasi (ret.), 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 and other topics. The course 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.
John DiBlasi, a former Justice of the New York State Supreme Court, has repeatedly been rated a top mediator in multiple categories in the New York Law Journal's annual survey. He holds an AV Preeminent peer rating from Martindale-Hubbell in the fields of Alternative Dispute Resolution (ADR) and Litigation—a distinction given to those who possess the highest ethical standards and professional ability. He is proud to be associated exclusively with NAM (National Arbitration and Mediation). His ADR practice encompasses a wide and varied range of cases, inclusive of commercial, personal injury and civil rights/discrimination matters.
Judge DiBlasi's many years of experience as a full-time arbitrator and mediator in commercial disputes are supplemented by his past tenure as a Presiding Justice of the Commercial Division of the Supreme Court of the State of New York. His alternative dispute resolution practice, which, in many ways, mirrors his work as a jurist, draws upon his experience as a Justice of the Commercial Division, where he presided over complex commercial litigation involving contract disputes, employment disputes, real property/land use matters and environmental litigation. He created the Alternative Commercial Dispute Resolution Program used successfully by the court in which he presided.
Additionally, Judge DiBlasi's years of practice as a neutral and a jurist have encompassed the resolution of numerous seven- and eight-figure settlements in personal injury cases. Again, Judge DiBlasi's experience on the bench handling thousands of personal injury cases including toxic torts, products liability, medical malpractice and other areas of liability supports his extensive experience in the field of Alternative Dispute Resolution.
Judge DiBlasi has served as an Adjunct Professor of Law at Pace University and St. John's University Schools of Law. He has lectured for the New York State Bar Association, New York State Trial Lawyers, the New York State Judges' School, the Practicing Law Institute of New York, and other Bar Associations. He has published articles on trial tactics in the New York State Bar Journal and articles on alternative dispute resolution in both the New York Law Journal and New York State Trial Lawyers Journal.
Judge DiBlasi served in the United States Army Reserve, Judge Advocate General's Corps, retiring with the rank of Captain. He is a Fellow of both the American and New York State Bar Foundations, and the recipient of the New York State Bar Association's Award for Outstanding Achievement in the field of Law Related Education, and the Pace Law School Awards as "Outstanding Adjunct Professor of the Year" and for "Service to the Community and the Bar". He received his BA from Syracuse University, and his Juris Doctor Degree at St. John's University. He possesses a Certificate in Professional Human Resource Management from Villanova University.
He began his career as an Examining Attorney with the New York City Department of Investigation, handling matters involving white collar crime and official corruption. He then entered into private practice and spent many years as a trial attorney before being elected as a Judge of the City Court of Mount Vernon, where he presided over hundreds of criminal proceedings.
Excellent overview of ethical considerations in the context of mediations!
An experienced lawyer in the area of mediation who gave clear ethical problems that he's seen in practice. Thank you.
Best one yet
A great presentation on a topic I need to know about!
Excellent, knowledgeable presentation.
Good mix of practical points and "hard law," particularly with ongoing point that acting in good faith demonstrates ethical behavior.
This was a pretty engaging presenter. Not an easy task in this format-- with the presenter just being a talking head for the duration, but he was good.
Very good course and very accomplished speaker.
An interesting learning.
Interested to know if there were any important insights. It was helpful not outstanding.
This is really a great course.
Only the power points were provided, which is the reason for the 2/4 on materials. Very good insight into this mediator/judge and his expectations when negotiating with NAM which our office does frequently.
Informative and timely.
Emphasized key ideas
Speaker did an excellent job of keeping your interest.
Great presentation and provides new insight to the mediation process.
VERY GOOD PRESENTER.
Good suggestions re return of documents & ongoing confidentiality.
I have never been at a mediation; I learned quite a bit and thoroughly enjoyed the presentation. Great faculty!
Impressive speaker credentials
Excellent, dynamic speaker.
Great presentation and very competent mediator with large ego.
Mediation is interesting because sometimes even required, yet so many of us do not keep practice. Thank you!
Presenter was superb
wish i could work, with this judge mediator !
I liked the emphasis on ethics and also representing the client while protecting one's self. Also, I have been in mediatons where the other side's position was completely different than earlier and that is not a happy experience.
the best cle I have heard in quite some time!
Good information. Appreciate the materials.
Great course and instructor.
Very, very good to hear the judge's advice.
Instructor knew his stuff and appreciated the inside view.
Good Information and lots of helpful and practical tips for mediation.
Presented by one of the most respected Justices to have sat On the Supreme Court in New York County, now Retired.
Good, informative program.
Very much enjoyed this speaker. He clearly loves his job and the energy he brought made a huge difference in comparison to others.
I really liked this training. Very informative.
Interesting and informative overview.
Very informative fir those who don’t know much about mediation
I have a mediation coming up and this was incredibly helpful! You can tell the presenter is an expert mediator, and it's fairly clear why he's the most highly rated mediator. Definitely would recommend.
Faculty was excellent!
This attorney was absolutely brilliant! Maybe he will consider a judgeship for criminal defense issues!!!!
Very interesting speaker. Held my attention during the entire presentation and the 60 minutes seemed to fly by.
Good basic information for young lawyers who are just starting to do meditations.
loved that presenter was a judge
like that hes a judge
Very knowledgeable presentation
Very professional and thorough.
One of the best sessions I have had.
Excellent as always
one of the best lectures I have heard on Lawline. no frills, good points, tight & concise.
Great course! Interesting and informative.
This guy really knows what he's talking about...I'm impressed
Thank you for that very helpful seminar.
The judge was very clear and concise. He made the topic interesting.
PROFESSIONAL, CLEAR DELIVERY OF INFORMATION!
A complete mastery of subject matter wish there was a series on a this topic
Excellent presentation---many practical pointers and speaker was very good at clearly presenting this topic!
Broad spectrum of invaluable topics in the Mediation Process.
Good content. Thank you.
Good program, good speaker.
Fantastic to have such a seasoned judge and mediator, would love to see more programs from him.
Judge DiBasi did a splendid job in his in his comprehensive presentation. His act of sharing his experience as both a Judge and an experienced Negotiator made his presentation more substantive.
Very helpful presentation.
The presenter's experience well apparent without giving his background. I have seen so many of the things he described myself.
The faculty was superb! One of my favorites!
Fantastic, thank you!