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Courses/Law/Mediation/ Arbitration

Nursing Home Litigation: Arbitration & Mediation

Learn effective arbitration and mediation strategies for resolving nursing home disputes, ensuring compliance with NY regulations and best practices.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025
Nursing Home Litigation: Arbitration & Mediation

What You'll Learn

check_circleUnderstand statutory violations and legal responsibilities in nursing home disputes.
check_circleAssess the viability of mediation and arbitration in resolving nursing home cases.
check_circleDraft and analyze arbitration clauses, ensuring compliance with resident rights laws.
check_circleEvaluate damages effectively, considering patient age, punitive damages, and settlement strategies.

About This Course

Nursing home litigation requires a deep understanding of regulations, liability, and alternative dispute resolution methods. This course provides attorneys and legal professionals with practical insights into identifying neglect and abuse cases, handling arbitration clauses, and effectively presenting claims in mediation. Participants will learn how to navigate federal and state laws, use expert witnesses, and develop compelling legal arguments to protect vulnerable nursing home residents and maximize case outcomes.

The Honorable Elizabeth Bonina and the Honorable Marsha Steinhardt will provide in-depth insight into nursing home matters, including statutory violations, discovery, damages, and the practical strategies needed to resolve these unique and sensitive cases through alternative dispute resolution.

Topics List:

  • Legal Framework of Nursing Home Disputes: Resident Rights & Violations
  • Common Nursing Home Injuries: Falls, Neglect, Food Monitoring, & Restraints
  • Mediation Strategies for Nursing Home Cases: Best Practices & Pitfalls
  • Understanding Arbitration Clauses in Nursing Home Admission Agreements
  • Competency Issues in Signing Arbitration Agreements: Enforceability Concerns
  • Navigating the Arbitration Process: Discovery, Witness Selection, & Hearings
  • Parallel Litigation: How Court Proceedings Affect ADR in Nursing Home Disputes
  • Assessing Damages: Lifespan Considerations, Punitive Damages & Settlement Trends
  • The Impact of the Grieving Families Act on Nursing Home Litigation
  • The Role of Medical Illustrations and Demonstrative Evidence in ADR

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.

HON. ELIZABETH  BONINA
HON. ELIZABETH BONINA

NATIONAL ARBITRATION AND MEDIATION

Judge Bonina is a retired Justice of the Supreme Court, Kings County. She has been on NAM's panel for nearly 15 years, and has experience mediating and arbitrating matters involving high-profile sexual abuse cases, as well as other personal injury cases. Since 2010, she has been consistently ranked among the top 10 mediators and arbitrators in NY by the NY Law Journal, and in 2020 was ranked the #1 arbitrator and #1 mediator in New York. Prior to her judicial career, Judge Bonina was a partner at Bonina & Bonina, P.C. She is a proud graduate of Villanova University and Brooklyn Law School.

Hon. Marsha   Steinhardt, (Ret.)
Hon. Marsha Steinhardt, (Ret.)

Justice, Supreme Court of the State of New York, Kings County (Ret.)

The Honorable Marsha Steinhardt joins NAM after a remarkable 30-year judicial career, including 25 years as a Justice of the Supreme Court. In 2011, she was assigned to the Medical Malpractice Trial Readiness Part (MMTRP), Kings County, where she conferenced every post-Note of Issue medical malpractice case in Brooklyn, resolving many before trial. On days when the conference calendar was not in session, Judge Steinhardt presided over medical malpractice trials. From 2008 to 2011, Judge Steinhardt served on the Appellate Term for the 2nd, 11th, and 13th Judicial Districts, hearing appeals from Civil and Criminal Courts while continuing to try medical malpractice cases. Her judicial career began in 1990 when she was elected to the Civil Court of the City of New York, Kings County. She was elected to the Supreme Court in 1994. Judge Steinhardt is respected for her deep understanding of medical practices, processes, and terminology, which allows her to assess and evaluate case issues effectively. Attorneys and jurors alike have praised her for being even-handed, respectful, and well-prepared. Her experience in medical malpractice and nursing home matters, along with her settlement skills and ability to work with counsel to resolve cases, makes her a natural fit as a mediator and arbitrator. Judge Steinhardt has received numerous awards, including the Vivian Agress Trailblazer Award from the Brooklyn Bar Association, the Lenore Kramer Award from the New York State Trial Lawyers Association, the Award for Outstanding Jurisprudence from the New York State Medical Defense Bar Association, and a Lifetime Achievement Award from the Brooklyn Women’s Bar Association. She has participated in numerous CLE programs for bar associations, including the Brooklyn Women’s Bar Association (BWBA), where she served as past president, and the New York State Trial Lawyers’ Association. As a breast cancer survivor, she serves on the Advisory Board of Judges and Lawyers Breast Cancer Alert, educating legal professionals about breast cancer. Judge Steinhardt is available to arbitrate and mediate medical malpractice cases throughout New York State.

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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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