With the advent of mediation in nearly every area of civil dispute resolution – from patents, trademarks and copyrights to securities and real estate; from insurance and reinsurance coverage to personal injury and property damage; from post M&A claims for breach of representation and warranty to the host of business, commercial and employment disputes – it behooves litigators and corporate counsel to be adept in using the mediation process.
Many counsel are already familiar with “win/win” negotiation theory and have a decent general sense of the theory and practice of mediation. Here, Simeon H. Baum, President of Resolve Mediation Services, Inc., moves from general theory and process frameworks to offer special tips to counsel who represent parties in mediation. The practical approach in this program can stimulate reflection on each practitioner’s approach to negotiation and counseling in the mediation setting. Counsel can gain sensitivity to the impact of tone, phrasing and other levers that escalate or de-escalate conflict and engender understanding and dealmaking.
This course contains tips on preparation for mediation, guiding one’s client, and relating to the mediator, other counsel and the negotiating counterparties. There are tips on identifying and using leverage, building trust and cultivating a constructive relationship, and handing interparty dynamics. Further tips are offered on developing a game plan, handing proposals, using and responding to brackets, and understanding messages conveyed by dollars. Mr. Baum also adds unique insights applying Tai Chi principles to representation in mediation and highlighting the power of moral force.
I. Effectively prepare:
II. Develop tools for effective communication
III. Value and build trust
IV. Understand the levers of conflict escalation and de-escalation
V. Appreciate tips on Joint Session and Caucuses
VI. Catch cognitive barriers to effective decisionmaking
VII. Make the best use of the mediator
VIII. Identify Tai Chi tips for negotiators in mediation
IX. Grasp the power of moral force
X. Operate the Spigot of Disclosure and the uses of information in mediation
XI. Acknowledge the importance of leverage
XII. Design and communicate proposals and dollars
XIII. Appropriately use risk analysis tools
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.
One of the best thoughtful presentations. Speaker balanced content, tone, positiveness, and a few good quotes. G
The presenter really impressed me with his command of the strengths of facilitative mediation and how to apply those strengths as an attorney representing a party in mediation and seeking to resolve the case.
An outstanding presentation on a wide variety of fronts. Excellent materials. I would heartily recommend this program
Great seminar! Maybe best Lawline Seminar I have done.
really liked his points - very helpful & holistic attitude
Really good course.
Enjoyed the program
Very well done.
Very interesting and helpful. Well done.
Excellent program, visuals, presentation and content!
Excellent speaker. The supplement is outstanding.
Very basic, but sound guidance.
Interesting presentation from a mediators view point of the ADR process.
really clear exposition
Solid program from seasoned pro -- I enjoyed it.
Well presented reminders of helpful ways to handle many situations, not just mediation.
Good presentation and materials.
appreciated his tips
Really liked this one!
Great content. Could easily be an additional hour.
Excellent Speaker! Great tips on mediation
Excellent presentation of the dimensions of the mediation process, including notable inclusion of the kind of 'virtues' that can aid in a just conclusion (patience, generosity and so forth)
Great overall presentation of the importance and effective use of mediation!!
very well presented from an obvious perspective of experience!
Great Discussion of Mediation. Good review of "Getting to Yes."
very good presentation
Could have easily been made into 1.50 hours. Lots of interesting content!
I liked the references to Pirkei Avot. Very appropriately, I might add.
I loved this course. Best one yet.
Helpful in thinking about mediation as more of a dealmaking enterprise than an extension of litigation.
Speaker provided information that is well known by litigation attorneys.
The presenter was excellent. Clear and organized.
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