Wednesday, Thursday & Friday, June 3, 4 & 5, 2020
9:00 am – 5:00 pm
If you’ve been trained in mediation and want to specialize in commercial cases, don’t miss this invaluable course. Using a combination of lecture, interactive exercises and role-plays, you will learn the skills needed to mediate in the New York Supreme Court Commercial Division or on your own. Topics will include: pre-mediation processes; specialized techniques for dealing with distributive/money issues; how to perform risk assessment; how to conduct a difficult conversation with the parties/counsel; the use of evaluative techniques; impasse breaking techniques; the use of term sheets/settlement agreements; and ethical issues. This course does not guarantee you acceptance onto the Commercial Division Panel.
This course is approved under Part 146 by the New York State Unified Court System’s Office of ADR Programs and satisfies the Part 146 additional mediation training requirements with at least 16 hours of training in commercial mediation.
Attendance at all three days of the program is required.
Registration is limited; advanced registration is strongly advised.
This program will not be taped. You have only one chance to see it – Live!
Live Program: $899 for Members | $1099 for Nonmembers
Early-Bird Rate (must register by 5/1/2020): $799 for Members | $999 for Nonmembers
Attendees of Basic Mediation 2019 will receive a $200 discount off of member and nonmember rates for Advanced Commercial Mediation.
Dina R. Jansenson is a Senior Mediator and Arbitrator for JAMS, an international dispute resolution company. She has been an ADR professional for over 25 years and has resolved hundreds of complex disputes involving commercial, employment, construction, franchise, professional liability, intellectual property, and international claims. In addition, Ms. Jansenson is a leading trainer of negotiation and conflict resolution techniques. She teaches negotiation at Columbia Law School and New York University School of Law, and has provided training in negotiation and mediation for corporations and organizations such as the United Nations, the United States Department of Justice, the United States Information Service, the Association of the Bar of the City of New York, and the Practicing Law Institute. Ms. Jansenson has also taught negotiation, mediation and conflict resolution abroad, including in Spain, Italy, Mexico, Argentina, Chile and Colombia. Ms. Jansenson also serves as an external, third-party, Ombudsperson for Bertlelsman and its subsidiaries and affiliates in North and South America. Finally, Ms. Jansenson is former Of Counsel to the New York law firm of Flemming Zulack Williamson Zauderer LLP, in New York City, where she specialized in commercial litigation.
Honorable Kathleen A. Roberts (Ret.) has been a full time mediator and arbitrator with JAMS, the leading provider of alternative dispute resolution services in the United States, for twenty-three years. She served as a United States Magistrate Judge in the Southern District of New York from 1985-1995. Since joining JAMS, Judge Roberts has mediated and arbitrated thousands of disputes in commercial, employment, intellectual property, and insurance coverage cases. She has also been appointed as a Special Master and Referee by federal and state courts. Judge Roberts teaches alternative dispute resolution at the New York University School of Law, and regularly trains mediators through the New York City Bar Association. She is a member of the mediation panels of the United States District Courts in the Southern and Eastern Districts of New York, the Bankruptcy Courts of the Southern and Eastern Districts of New York, and the Commercial Division of the Supreme Court, New York County. Before joining the bench, Judge Roberts served as an Assistant United States Attorney for the Southern District of New York, in both the civil and criminal divisions, from 1979 to 1985. She served as a law clerk to United States District Judge William C. Conner for two years following her graduation from Yale Law School in 1977, where she was an Editor of the Yale Law Journal. Judge Roberts received her B.A. from the University of Massachusetts at Boston, summa cum laude, in 1971.
Wednesday, June 3
9:00 am – 9:30 am Introduction & Overview
- Review of agenda
9:30 am – 10:00 am Commercial Mediation
- Characteristics of a commercial mediation
10:00 am – 12:30 pm Role Play #1 – Mumbai (break as needed) 12:30 pm – 1:00 pm Small Group Debrief of Mumbai 1:00 pm – 1:45 pm Lunch 1:45 pm – 3:30 pm Discussion of Distributive Issues
- Techniques for dealing with distributive/money issues
- Commencing the bargaining process
3:30 pm – 3:40 pm Break 3:40 pm – 4:30 pm Continued Discussion of Distributive Issues
- Managing the bargaining dance / coaching
- Scenarios: dealing with challenges in the money discussion
4:30 pm – 5:00 pm Pre-Mediation Processes
- Administrative Issues
- The agreement to mediate
- The mediation submissions
- Pre-mediation calls / meetings — why & how; coaching techniques
Thursday, June 4
9:00 am – 9:15 am Review & Overview 9:15 am – 12:00 pm Role Play #2 – Harrington/Hedge Fund (break as needed) 12:00 pm – 12:30 pm Small Group Debrief of Harrington/Hedge Fund 12:30 pm – 1:15 pm Lunch 1:15 pm – 4:00 pm Role Play #3 – Waltham (break as needed) 4:00 pm – 4:30 pm Small Group Debrief of Waltham 4:30 pm – 5:00 pm Plenary Debrief 5:00 pm – 5:30 pm Continued Discussion of Distributive Issues – attendance optional
Friday, June 5
9:00 am – 9:15 am Review & Overview 9:15 am – 11:10 am Presentation & Discussion
- Risk assessment
- The use of evaluative techniques and decision trees
(There will be a 10 minute break)
11:10 am – 11:45 am Presentation & Discussion Continued
- Ethical issues in commercial matters
11:45 am – 12:30 pm Lunch 12:30 pm – 4:00 pm Role Play #4 – Prosando (break as needed) 4:00 pm – 4:30 pm Small Group Debrief of Prosando 4:30 pm – 5:00 pm Plenary Debrief & Closure
- Helping parties develop options
- Wrap-up & closure
New York: 23.5 Total: 23.0 Skills, 0.5 Ethics
New Jersey: 24.5 General
California: 23.5 Total: 23.0 General, 0.5 Professional Responsibility
Pennsylvania: 20.0 Total: 19.5 General, 0.5 Professional Responsibility
Sponsoring Association Committee:
Alternative Dispute Resolution, Charles M. Newman, Chair
Sponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | email@example.com