Choose the right path for your legal dispute. Gain key insights into the processes, benefits, and strategies of arbitration and mediation.
This course, led by former Supreme Court Justices Hon. John M. Leventhal (Ret.) and Hon. Peter B. Skelos (Ret.), will explore the key differences between arbitration and mediation. Attendees will gain valuable insights into effective preparation for each process, including tips on handling adversarial settings, managing document submissions, understanding logistics, and determining who should be present at the hearing.
Gain essential insights into the distinct processes, benefits, and strategic considerations of both arbitration and mediation. Understand what makes arbitration a binding, often contractual path, requiring careful preparation of witnesses and evidence, including navigating discovery and prehearing procedures akin to a private trial. Compare this with the voluntary nature of mediation, focused on facilitating agreement with the help of a neutral, emphasizing the importance of authorized parties and confidential pre-mediation submissions.
Learn the advantages each method offers, such as the potential for efficiency, cost-effectiveness, confidentiality, and flexibility in scheduling and neutral selection. Discover how successful resolution is achieved, from presenting necessary documents efficiently to drafting clear term sheets, and understand common pitfalls to avoid, like last-minute surprises or document dumps.
Whether you are advising clients, seeking resolution, or simply expanding your understanding of alternative dispute resolution, this course provides practical knowledge on preparing for and navigating both arbitration and mediation successfully. Equip yourself with the expertise to choose the right path and guide disputes towards effective resolution.
The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.
Associate Justice, Supreme Court of the State of New York, Appellate Division, Second Judicial Department (Ret.), NAM National Arbitration & Mediation
The Hon. 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. Since joining NAM, Judge Skelos has heard a wide range of matters, including commercial disputes, construction litigation, employment, insurance coverage disputes, matrimonial, professional liability, personal injury and sexual abuse/CVA cases. Judge Skelos' ability to approach matters fairly and in an unbiased manner combined with his even temperament and knowledge-based questioning makes him extremely well-suited to the role of arbitrator/mediator and an excellent choice for both sides of the bar.
Associate Justice, Supreme Court of the State of New York, Appellate Division, Second Judicial Department (Ret.), NAM National Arbitration & Mediation
The Hon. John M. Leventhal was appointed as Associate Justice of the Appellate Division, Second Department in 2008. His distinguished career as an appellate and trial judge includes significant experience handling a diverse and robust caseload involving commercial, construction, employment, negligence, personal injury, product liability and real estate matters. While a Justice of the Supreme Court, Kings County, he presided over the nation's first felony Domestic Violence Court. As a member of NAM's Hearing Officer Panel, Judge Leventhal has heard an array of matters, including commercial disputes, consumer matters, contracts, insurance coverage, sexual abuse/CVA, and trusts and estates matters. Judge Leventhal is well respected and is known for his ability to thoroughly listen to all sides and then assist with crafting a mutually acceptable resolution.
