Posted on Jan 16, 2020 |CLE Events

NAM (National Arbitration and Mediation), one of the nation's leading providers of alternative dispute resolution (ADR) services, is proud to announce that James W. Borkowski, Esq., Michael W. Emerson, Esq., and Hon. Peter B. Skelos (Ret.) have been invited to present a Continuing Legal Education (CLE) seminar entitled, Inside the Mind of a Mediator: Avoiding Impasse and Maximizing Outcomes in Mediations, to the New York City Bar Association.

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The 90-mnute CLE program will be part of a two-day 16-Hour Bridge-the-Gap: Corporate & Litigation program which will be held at the association's Manhattan offices located at 42 West 44th Street, New York, NY.  NAM's  program will be held on Friday, January 24th at noon.

Mr. Borkowski, Mr. Emerson and Judge Skelos will cover key issues in dispute resolution, with a focus on how to maximize outcomes, as well as avoid impasse in mediation. The presentation will address how to prevent the mediation from being sabotaged before real negotiations begin as well as the latest tips, techniques and ethical guidelines counsel should consider throughout the mediation process.

Topics to be discussed will include:

  • Tips on maximizing outcomes in mediation
  • Strategies to avoid impasse in negotiations
  • Practical guidance on crafting mediation briefs and presenting opening statements
  • Best practices on working in concert with your mediator
  • Common ethical issues, concerns and last-minute surprises that may arise in mediation and how to mitigate them

Meet Our Neutrals

James W. Borkowski's, distinguished career spans more than 30 years with a practice focused primarily on litigation at the trial and appellate levels in both the state and federal court systems. He has successfully represented insurance carriers, corporations and individuals in personal injury, construction, litigation, general liability, premises liability, property damage, automobile and commercial litigation (both plaintiff and defendant). Mr. Borkowski is well-known within the New York Metro area legal community, having served as lead trial counsel for hundreds of cases in nearly every county, and in all five boroughs of New York City. As a litigator, he developed an affinity towards alternative dispute resolution (“ADR”) and counseled his broad clientele to consider this mechanism as a means towards finalizing time-consuming and costly litigation.

Michael W. Emerson, Esq.is a financial services industry veteran who has practiced law for more than thirty-five years. He has served as a U.S. General Counsel and a Deputy General Counsel at several of the world's largest financial institutions. A long-time proponent of Alternative Dispute Resolution, Mr. Emerson uses his extensive experience in the financial services industry when mediating and arbitrating in a private ADR forum. He is recognized by his peers both for his keen legal acumen and for his deep business background and experience, making him exceptionally well-qualified to be an effective mediator and arbitrator with NAM.

Judge Peter B. Skelos' illustrious career includes 11 years spent as an Associate Justice of the Appellate Division of the New York State Supreme Court, Second Judicial Department where he served until his retirement in 2015. Honorable Skelos' ability to approach matters fairly and in an unbiased manner combined with his even temperament and incisive questioning make him extremely well-suited to the role of arbitrator / mediator. Further, as a former appellate judge, he has the ability to fairly and expertly identify and resolve disputed questions of law.

Mr. Borkowski, Mr. Emerson and Judge Skelos are available to arbitrate and mediate cases throughout the New York Metro area.

NAM's CLE Programs

Ranked the #1 Continuing Legal Education (CLE) Provider in the nation by the 2019 New York Law Journal Best of Survey, the 2019 National Law Journal Best of Survey and the 2019 Corporate Counsel Best of Survey, NAM offers complimentary continuing legal education programs for attorneys, bar associations, corporate and government legal departments, and other legal and business organizations.