Continuing Legal Education (CLE)

Mr. Worden will focus on the best way for attorneys to benefit from mediation including presentation, psychology, strategy and the moves that help to get the best results. The course will examine the mediation process and how ethical behavior can ultimately lead to a successful outcome.

Judge Bonina and co-presenter Andrea Bonina 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 and more.

Where virtual ADR was once a novel concept, it has now become almost commonplace. Legal professionals are finding that the use of this medium for arbitrations and mediations is a convenient, cost-efficient and effective manner in which to conduct ADR.

Attendees will receive insights and suggestions on crafting an arbitration clause, so as to avoid litigating the clause. They will also learn how to streamline the resolution of any dispute through its terms, crafting a clause applicable to a specific business transaction, and avoiding unconscionable terms that may be intertwined with ethical issues that could render the clause null and void in whole or in part.

Judge Scheinkman and Ms. Herscovici will discuss the differences between finding justice through trial, in court or at private mediation.

Teleconferencing and videoconferencing are hot topics in today's environment. Legal professionals are using this form of communication now more than ever, which heightens the exposure to cybersecurity threats.

The program, Business Divorce and the Use of ADR as a Path to Resolution, will be an interactive one, where attendees will learn about the use of alternative dispute resolution (ADR) in resolving issues related to business divorce from NAM's highly regarded panel.

Although mediation resolves most disputes, some mediations end in impasse. Such disappointments can usually be avoided and positive resolutions achieved when advocates are armed with knowledge of common mediation pitfalls and develop negotiation skills that can enhance mediation outcomes.

Mr. Worden will focus on the best way for attorneys to benefit from mediation including presentation, psychology, strategy and the moves that help to get the best results. The course will examine the mediation process and how ethical behavior can ultimately lead to a successful outcome.

Attorneys and litigants must come to understand that courthouse life in the post-pandemic world will only serve to exacerbate the problems of our historically overburdened matrimonial parts.