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Courses/Law/Mediation/ Arbitration

From Conflict to Resolution: Mediation Ethics That Work

Master ethical strategies in mediation to navigate conflicts, ensuring fair and effective resolutions while upholding professional integrity.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Aug 6, 2025
From Conflict to Resolution: Mediation Ethics That Work

What You'll Learn

check_circleMaster ethical frameworks in mediation.
check_circleAddress conflicts of interest in real-world scenarios.
check_circleNavigate good faith negotiations and common impasses.
check_circleFormulate effective mediation pre-submissions.
check_circleIdentify and resolve ethical dilemmas.
check_circleUtilize strategies for successful resolutions.

About This Course

NAM Hearing Officers James W. Borkowski, Esq., and Jennifer Herscovici, Esq., offer a dynamic overview of mediation, covering timing, effective pre-mediation submissions, client preparation, opening statements, the importance of ethical considerations, and strategies for overcoming impasses.

Gain insider tips to navigate your mediation smoothly while dealing fairly and ethically.

You will gain a comprehensive understanding of the mediation process, learning to:

  • Identify the optimal timing for mediation to maximize success and minimize litigation.
  • Master pre-mediation preparation, including crafting compelling and concise submissions that effectively convey your case without overwhelming the mediator.
  • Execute impactful opening statements that set a productive tone and demonstrate preparedness.
  • Effectively prepare clients for mediation, managing expectations and fostering realistic outcomes, while upholding crucial ethical obligations regarding client communication and settlement offers.
  • Navigate the ethical landscape of mediation, focusing on confidentiality, good faith negotiation, and the transparent disclosure of all relevant information, including insurance coverage layers.
  • Employ effective strategies for overcoming impasses, such as controlled bracketing, to facilitate breakthroughs and achieve resolutions that benefit all parties.
  • Cultivate professional and courteous behavior throughout the mediation process, recognizing that listening and diffusing tension are as vital as zealous advocacy.
  • Understand and adhere to the Rules of Professional Conduct concerning conflicts of interest, financial assistance to clients, aggregate settlements, truthfulness, and communication with represented persons.

This course goes beyond theory, offering practical wisdom and nuanced approaches to ensure you are well-equipped to achieve favorable and ethical results in any mediation setting. Elevate your mediation skills and uphold the highest ethical standards in every case.

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.

Mediator/Arbitrator at NAM (National Arbitration and Mediation)

A trial attorney for over 35 years, Mr. Borkowski is known as a personable straight shooter with a high success rate resolving construction accident cases, premises liability cases, general liability, and automobile claims. Mr. Borkowski's distinguished background gives him a significant understanding of legal complexities, making him a respected and sought-after neutral at NAM. In 2024, for the fifth year in a row, Mr. Borkowski was named a Top Ten Neutral by the New York Law Journal "Best Of" survey. He earned an "AV Distinguished" rating from Martindale-Hubbell, a distinction given only to those who possess the "highest level of professional excellence in legal ability and legal ethics."

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.

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Frequently Asked Questions

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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