On Demand Audio

Ethics in Mediation

(259 reviews)

Produced on September 19, 2019

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$ 59 Ethics and Alternative Dispute Resolution In Stock
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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

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.    


Learning Objectives:

  1. Explore how to successfully and ethically navigate common problems that arise in ADR, particularly surrounding confidentiality, conveyance of demands and offers, disclosure of new information, insurance issues, and more
  2. Identify strategies to head off bad faith behavior
  3. Focus on the ethical obligation to negotiate in good faith

Credit Information

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Faculty

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 National Arbitration and Mediation (NAM). 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.



Reviews

RB
Russell B.

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.

EF
Elizabeth F.

Excellent presentation

CS
Colleen S.

Very helpful presentation.

PP
Paul P.

The presenter's experience well apparent without giving his background. I have seen so many of the things he described myself.

MC
Mollie C.

organized, concise

VQ
Valerie Q.

The faculty was superb! One of my favorites!

NC
Nicholas C.

Fantastic, thank you!

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