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Courses/Law/Mediation/ Arbitration

Best Proof Forward: Arbitration & Mediation Submissions

Effective submission strategies for arbitration and mediation.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 8, 2025
Best Proof Forward: Arbitration & Mediation Submissions

What You'll Learn

check_circleLearn how to prepare and use submissions in arbitration and mediation.
check_circleUnderstand different strategies for presenting cases in each forum.
check_circleExplore the pros and cons of arbitration versus mediation.
check_circleGain insights from experienced hearing officers on best practices.

About This Course

This course provides a detailed guide on preparing compelling submissions for arbitration and mediation. Participants will learn how to present persuasive evidence, structure written submissions, and navigate procedural requirements to enhance their case outcomes. Designed for attorneys, mediators, and legal professionals, this course covers best practices to ensure clarity, credibility, and effectiveness in alternative dispute resolution (ADR) settings.

Topics Covered:

  • The Role of Written Submissions in Arbitration and Mediation
  • Structuring a Persuasive Arbitration Submission
  • Effective Use of Evidence and Supporting Materials
  • Common Pitfalls in ADR Submissions and How to Avoid Them
  • Tailoring Submissions to Different Arbitrators and Mediators
  • Balancing Legal Arguments with Practical Case Presentation
  • Ensuring Clarity and Professionalism in ADR Filings
  •  

NAM Hearing Officers,  James W. Borkowski, Esq., Jennifer Herscovici, Esq. and Glenn Sabele, Esq. will share sample documents and discuss the best ways to use submissions in the arbitration and mediation forums. Different strategies and perspectives on arbitration and mediation and the pros and cons of each method will also be presented.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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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.

JAMES . W. BORKOWSKI, ESQ
JAMES . W. BORKOWSKI, ESQ

NATIONAL ARBITRATION AND MEDIATION

A trial attorney for over 33 years, Jim Borkowski has extensive experience representing both plaintiffs and defendants with a high success rate resolving construction cases, premises liability cases, general liability, and automobile claims. Prior to joining NAM, Jim served as a Town Justice in the Town of Southeast, one of the busiest Justice Courts in New York State. In that role, for 11 years (1998 – 2009), he presided over jury and non-jury trials and facilitated the settlement of hundreds of civil and commercial cases.

Jennifer   Herscovici, Esq.
Jennifer Herscovici, Esq.

Mediator/Arbitrator at NAM (National Arbitration and Mediation)

A former Senior Counsel and Negotiator for the New York City Law Department's Tort Division, Jennifer Herscovici, Esq. has settled thousands of cases in actions involving claims of various types of negligence, labor law, defamation, and civil rights violations. As a neutral for NAM, she draws from her significant experience handling complex negotiations and is recognized by her peers as an authority in negotiation and settlement. In 2023, for the fourth year in a row, Ms. Herscovici was recognized by the legal community by being voted a Top Ten Mediator in the New York Law Journal "Best Of" survey. She is a committed advocate for women's rights, diversity, and inclusion, and is the Women's Committee Chair for the New York City Law Department.

GLENN  SABELE, ESQ.
GLENN SABELE, ESQ.

NATIONAL ARBITRATION AND MEDIATION

Having been engaged in the practice of law for more than 30 years, Mr. Sabele is highly regarded for his ability to resolve cases concerning personal injury and civil litigation disputes. As a litigator, he developed an affinity towards alternative dispute resolution (ADR), counseling his broad clientele to consider this mechanism as a means towards finalizing time-consuming and costly litigation. Prior to joining NAM, Mr. Sabele served as a partner and senior trial attorney for a prominent New York law firm, where he successfully tried and settled hundreds of matters. During his tenure at the firm, he represented parties in the areas of personal injury, negligence, accidents, legal malpractice, medical malpractice, product liability, nursing home accidents, elevator accidents, slip and fall, and wrongful death.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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