Strategies for Successful Mediation in Height-Related Accident Claims Under New York's Labor Law 240
New York State Labor Law Section 240 holds owners and general contractors strictly liable for injuries and consequences of height-related accidents, including falls from ladders and scaffolds. Labor Law Section 240 cases are high stakes for both sides, making mediation all the more important.
This CLE will provide tips and insights from two experienced litigators and NAM Mediators on how to prepare for successfully mediating your case.
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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.
Mediator and Arbitrator at NAM (National Arbitration and Mediation)
James W. Borkowski's career spans more than 33 years as an attorney at both the trial and appellate levels in the state and federal court systems. He has successfully represented insurance carriers, corporations, and individuals in catastrophic injury, construction, premises liability, cases involving sexual assault and misconduct by school officials, and commercial litigation. Mr. Borkowski has taken over 100 jury verdicts and is well-known in the New York Metro area legal community. He holds an AV Preeminent® rating from Martindale-Hubbell, rated as having the "highest level of professional excellence" in legal ability and legal ethics. Mr. Borkowski served as a local Judge in New York for over 10 years, where he resolved hundreds of matters. As a Mediator and Arbitrator at NAM (National Arbitration and Mediation), Mr. Borkowski has mediated and arbitrated a wide range of construction cases, premises liability, insurance, automobile, and general liability matters in NAM's New York City, Garden City, and White Plains offices.
Mediator at NAM (National Arbitration and Mediation)
Mitchell R. Kahn has been practicing law for more than 30 years and has handled all aspects of Labor Law 240 and 241. He has successfully mediated numerous multi-million-dollar catastrophic personal injury matters, including those related to accidents involving construction, premises liability, slip and fall, ladder/scaffolding, elevator, and automobile matters. He has also achieved settlements in cases involving traumatic brain injuries, birth injuries, defective products, lead poisoning, and wrongful death. In 2023, the New York legal community voted Mr. Kahn as a Top 10 Mediator by the New York Law Journal "Best Of" survey. As a longtime advocate of alternative dispute resolution (ADR) and as a litigator, he has garnered a reputation among his peers for his fair valuation of claims. He is a frequent speaker at various construction trade unions and lectures about safety on the construction site.
