The use of Alternative Dispute Resolution, particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process with which many counsel are unfamiliar. Judge Scheinkman will discuss the importance of ethical considerations that relate to settlement negotiations. Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. While trust of an adversary is a relative concept, there is an ethical obligation of fair dealing when negotiating a settlement. The absence of same will breed mistrust which will detrimentally affect the mediation process.

Judge Scheinkman will also address the importance of ethical considerations when negotiating with opposing counsel on issues relating to representation of the client, as well as problems that may arise with parties in attendance at the mediation. He will also explore the importance of ethics as it relates to confidentiality, conveyance of demands and offers, disclosure of new information, insurance issues, pre-mediation submissions, and settlement terms.

The presentation will emphasize the ethical obligation to negotiate in good faith and strategies of a proactive approach by counsel to head off bad faith behavior.

NAM is an accredited provider of CLE in New York, approved for traditional live-classroom format, as well as webinars, fully interactive video conferences, and pre-recorded videos. This course is approved for experienced and newly admitted attorneys. Attorneys will receive 1.0 credit in the area of Ethics.