The Mediator’s Endgame: Closing the Deal and Safeguarding the Settlement - Sept. 29th, 2026

This program is part of AAA’s inaugural Mediation Month, a centennial celebration centered on the theme “The Final Mile of Mediation.”

Location: New York, NY

Benjamin N. Cardozo School of Law
55 5th Avenue
New York, NY 10003

Time: 5:00 p.m. - 8:30 p.m. (Eastern Time)

Registration Fees: General: $125.00. AAA Mediators receive a $30.00 discount using 26MED001 at checkout.

The AAA thanks the Benjamin N. Cardozo School of Law’s Kukin Program for Conflict Resolution for hosting this program in partnership with AAA. Learn more about the Kukin Program for Conflict Resolution here: https://cardozo.yu.edu/academics-and-clinics/centers-and-institutes/kukin-program-conflict-resolution

Program Description:

This program will address cutting-edge issues facing mediators in achieving and preserving negotiated settlements. Attendees will receive practical guidance for assisting parties in consummating resolution of their disputes while adhering to ethical canons of particular relevance in mediation and avoiding common pitfalls that can derail settlement.

Through a series of practical and ethical scenarios, the panelists will explore how mediators should respond when a party asks what the settlement number should be; whether and when to use tools such as bracketing, decision trees, reframing of issues, or mediator opinions; and whether it is appropriate to speak with a party’s counsel outside the client’s presence, or with a party outside counsel’s presence. The discussion will also address difficult moments in the mediation process, including how to respond when a party directs the mediator to tell the other side that it is not negotiating in good faith, or when a party privately states, toward the end of a frustrating day, that it selected the mediator because it expected the mediator to expose the other party’s weaknesses.

Once the parties reach a settlement in principle, additional issues may arise. This program will examine whether a mediator should insist that the parties sign a memorandum of understanding before concluding the mediation, whether the mediator should draft or otherwise participate in preparing the parties’ settlement agreement, and whether the mediator should agree to resolve disputes arising under the settlement agreement.

Moderator: 

Jeff Zaino, AAA Vice President

Faculty:

Neal Eiseman, AAA Arbitrator and Mediator
Rich Silberberg, AAA Arbitrator and Mediator
Robyn Weinstein, Professor of Law and Practice

CLE Information:

Cerifi LegalEdge is coordinating the application process for continuing legal education (CLE) credit on behalf of the American Arbitration Association. CLE credit has been requested in New York, New Jersey and Connecticut.

Approval and credit amounts are subject to each jurisdiction’s review and rules and therefore cannot be guaranteed or confirmed in advance. Final credit eligibility will be determined by the respective state CLE authorities upon review of the program and verified attendance.

AAA Education Scholarships Available:

As part of its long-standing, ongoing education mission, the American Arbitration Association grants a limited number of scholarships that cover the cost of educational program registration for content on this website. To inquire about our scholarship program, please e-mail us at Scholarships@adr.org.

Cancellation Policy:

Refunds (less a $25 processing fee) are available if a written cancellation request is received no later than 14 business days before the start of the program. Substitution of attendees can be made at any time.