Posted on Sep 26, 2018 |CLE Events


On Monday evening, September 25th, 2018, NAM neutral Richard P. Byrne, Esq. presented How to Achieve Resolution and Avoid Pitfalls Commonly Faced During Mediation, a 1-hour continuing legal education (CLE) program to members of the Claims and Litigation Management Alliance (CLM) New York City Chapter. The presentation was held at NAM's New York City conference facility where more than 50 insurance and legal professionals convened to learn common pitfalls and best practices in mediation. NAM neutrals, George Freitag, Esq., Hon. Karla Moskowitz and Hon. Larry S. Schachner were also in attendance to benefit from Mr. Byrne's rich, informative and interactive presentation.

The program focused on what happens when Mediation hits an impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve resolution flows from more general causes which can be avoided if adequate thought is given to these potential pitfalls in advance of the session. Mr. Byrne discussed how to prospectively identify the leading reasons why mediations can fail, rather than looking back on the causes after the fact.

Key topics discussed included:

  • Lack of Preparation
  • Importance of Opening Statements
  • Absence of Decision-Makers
  • Last Minute Surprises
  • Emotion and Anxiety
  • Acknowledge Weakness in Mediation
  • Mediating Multi Defendant Cases
  • Mediator Proposals – Be Careful What You Wish For

CLM is one the largest professional associations in the insurance industry with a membership of more than 45,000 professionals working in claims resolution and litigation management. Founded in 2007, CLM Members and Fellows benefit from networking events, continuing education programs, publications, and a wide variety of other industry resources.

Mr. Byrne has successfully mediated issues in a wide variety of specialty areas, including commercial disputes, employment discrimination claims, employment contract disputes, wage and hour/FLSA claims, construction matters, complex personal injury and property damage claims, insurance and reinsurance matters, risk transfer disputes and life, health and disability claims. For the fourth consecutive year, he was voted one of the Top 3 Mediators in the country by the 2018 National Law Journal Annual Reader Rankings Survey, and for the third year in a row he was named a National Law Journal 2018 Alternative Dispute Resolution Champion, as part of a select group of only 46 nationwide. He was also voted one of the Top 10 Mediators by the 2018 New York Law Journal Annual Survey for the fifth straight year. Mr. Byrne writes regularly on ADR topics and recently authored Construction Claims: A Mediator's Perspective which was published by the American Bar Association in 2018 as a chapter in the book Resolving Insurance Claim Disputes Before Trial.

Richard P. Byrne, Esq. is available to mediate cases throughout the United States.

Learn more about NAM's complimentary Continuing Legal Education programs

NAM provides complimentary continuing legal education programs for attorneys, bar associations, corporate and government legal departments, and other legal and business organizations. To learn more, contact Stephanie Ball Director of Continuing Legal Education, at or call 516.794.8950, ext. 145.