Mediation is an unparalleled dispute resolution mechanism for employment disputes. Its capacity for handling emotions; building understanding and deal-making; bringing parties together in a confidential process – faster, and with lower cost and disruption – has drawn the attention of claimants, employers and EPLI insurers alike.
In a program moderated by Simeon H. Baum, President of Resolve Mediation Services, Inc. (www.mediators.com), experienced employment counsel Andrea Papparella and Lou Pechman give sound advice on how best to represent parties in employment mediation. Ms. Papparella and Mr. Pechman, embracing experience representing claimants and respondents, share their tips and cautions on how best to prepare for mediation, engage in effective opening statements, decide on whether to use joint session or caucuses, engage in productive negotiations, bring home strengths of their legal alternatives, dig for interests, handle emotions, guide their clients, get past impasse, and bring home a reasonable resolution of their matters.
I. Select an appropriate mediator and prepare the client for mediation
II. Understand the Employee’s and Employer’s BATNA
III. Identify legal and deal alternatives to a negotiated agreement
IV. Develop an effective mediation plan, including:
A. Reasonable aspiration level, moderate and walkaway deals
B. Gather and produce key information
C. Develop effective pre-mediation statements
D. Conduct effective pre-mediation telephone conferences
E. Get the proper parties to the table
F. Effective opening statements in mediation
G. Appropriate use of joint sessions and caucuses
H. Making the best use of the mediator
I. Making the best use of clients and representatives during mediation
V. Handle client communications in the mediation process
VI. Communicate efficiently with adverse parties
VII. Effectively negotiate through mediation, including developing, delivering, and assessing deal proposals
This course originally appeared as a part of our June 2016 Bridge the Gap Event.
Andrea Paparella founded the firm in April 2015. Ms. Paparella obtained her B.A. in Political Science from the University of Rochester in 1999, and her J.D. from Cornell Law School in 2003.
SuperLawyers named Ms. Paparella a Rising Star in 2013, and a Super Lawyer in 2014 and 2015.
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.
Louis Pechman practices before federal and state courts and government agencies in all areas of workplace law, including employment discrimination, sex harassment litigation, union-management relations, employment contracts, non-competition agreements, independent contractor issues, and overtime and pay disputes. As a practitioner for over thirty years in the labor and employment field, Mr. Pechman offers both individual employees and employers practical guidance on improving the employment relationship and, where appropriate, terminating that relationship.
Mr. Pechman has worked as a labor and employment attorney at three Manhattan law firms, as in-house labor counsel with the New York Daily News, and as a Field Examiner with the National Labor Relations Board.
Admitted to the New York and New Jersey Bars, he is a graduate of the Cornell University School of Industrial and Labor Relations and the Fordham University School of Law. Mr. Pechman has been selected as a New York Super Lawyer and Best Lawyer since 2006, is AV-rated by Martindale-Hubbell, and is rated “superb” by Avvo.
A frequent contributor to the New York Law Journal and other business and legal publications, Mr. Pechman often gives presentations on employment law topics, including the Americans with Disabilities Act, sexual harassment, and the development of human resource policies and procedures. He has lectured at the Fordham University School of Law, New York University, the Extension Division of the Cornell University School of Industrial and Labor Relations, and the American Bar Association. From 1994 through 1998, he was Chair of the New York County Lawyers’ Association Committee on Labor Relations and Employment Law. Since 1996, Mr. Pechman has developed and moderated NYCLA's annual program on “How to Handle an Employment Discrimination Case.” He also moderates a program at NYCLA, initiated in October 2010, on “How to Handle a Wage and Hour Case.”
Mr. Pechman is one of the most experienced practitioners in New York in the fast emerging area of wage and hour law. Over the past decade, he has litigated over 100 federal and state court cases involving claims under the Fair Labor Standards Act and the New York Labor Law. Mr. Pechman is also the founder of waiterpay.com, a site that focuses on the complex wage and hour issues in the New York restaurant industry.
AREAS OF PRACTICE
Loved the format of the mediator with the two attorneys. This was incredibly helpful.
Excellent program. Excellent faculty.
Very effective presenters; thank you.
Very informative and great presenters!
Excellent presenters and content.
I enjoyed this panel of presenters, they kept my mind thinking, and wanting more
Another excellent presentation.
Very good discussion
A well-spoken and knowledgeable trio.
However, it is primarily for beginners, though there are few refresher points and issues for attorneys more experienced with mediation.
Very interesting to hear the perspectives from all 3 sides: Complainant's Attorney, Respondent's Attorney and Mediator.