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Entrenchment Mediation Training: For Mediators in Court-Annexed Mediation Programs

Total Credits
2 - 3
CDs/DVDs Only
This course is only available in CD/DVD format.
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Most of our courses are also available for online streaming.


Join us for a discussion from our expert panel about their tips and techniques for handling entrenchment; getting parties to invest in the mediation and stay at the table; breaking the 90 minute barrier; and breaking the impasse to reach a settlement.

Lecturer Bios

Elan E. Weinreb, Esq.

Elan E. Weinreb is a creative and insightful civil litigator who has handled cases involving diverse and complex fields of law and has extensive experience in the use of technology in litigation. He has drafted legal memoranda, winning trial and appellate-level briefs, jury instructions, legal technology training guides, and legal technology articles. He has also successfully argued cases in New York courts, taken or defended over twenty-five depositions—two of which involved witnesses associated with tens of thousands of documents—and has received letters of appreciation from both superiors and clients.

Mr. Weinreb was born in 1979 in Hollywood, Florida to Dr. Neal Weinreb, a world-class hematologist/oncologist, and Mrs. Bonnie Weinreb (nee Riesel), a graduate-level English instructor. After attending the Samuel Scheck Hillel Community Day School and Ben Lipson Hillel Community High School, he moved to Manhattan in 1996 to attend Isaac Breuer College of Hebraic Studies at Yeshiva University and Yeshiva College at Yeshiva University. While at Yeshiva University, Mr. Weinreb reinstituted the Yeshiva University Debate Society and went on to win more than a few debate trophies at regional competitions.

After graduating as Valedictorian from Isaac Breuer College and obtaining a Bachelor of Arts, summa cum laude, in History from Yeshiva College, Mr. Weinreb’s love for language, rhetoric, and argument propelled him to the Benjamin N. Cardozo School of Law. From 2000 through 2002, Mr. Weinreb served—first as an Associate Editor and then as Production Editor—on the Cardozo Law Review?, where he developed an interest in the use of computer technology in litigation and published a student Note on the use of computer animations and simulations in the courtroom.

After graduating magna cum laude from Cardozo in 2002 with a concentration in Litigation, Mr. Weinreb joined Kaye Scholer LLP, a prestigious? midtown Manhattan law firm. Over approximately the next seven years, he had the honor and privilege of honing his legal skills while representing the following clients in multi-million dollar commercial, intellectual property, and product liability litigations:

  • AstraZeneca
  • Bank of America
  • Candela Corporation
  • Celanese Corporation
  • Chiron (Novartis Vaccines and Diagnostics, Inc.)
  • The Hershey Company
  • New York City Office of the Corporation Counsel
  • Pfizer Inc.
  • Sanofi-Aventis
  • Official Committee of Unsecured Creditors of TL Administration Corporation (f/k/a Twinlab Corporation, Inc.)
  • Time Warner Cable, Inc.
  • United Way of New York City
In November 2007, Mr. Weinreb published another article on computer animations in the courtroom for the American Bar Association’s Young Lawyers Division, and in September 2008, he was quoted in Fortune Small Business on the topic. Seeking more control and responsibility over his own cases, in June 2009, Mr. Weinreb joined Katlowitz & Associates as Senior Associate and Head of Litigation, and in July 2012, he was promoted to Counsel. At the start of 2014, Mr. Weinreb left Katlowitz & Associates to pursue his life-long dream of establishing The Weinreb Law Firm, PLLC. Outside of the office, Mr. Weinreb serves as a professional Torah reader for two West Hempstead synagogues of which he is a member: Congregation Anshei Shalom and Young Israel of West Hempstead. His spouse of eleven years, Michele A. Weinreb, a court reporter and gourmet chef (although she will never admit it if asked), keeps him both entertained and well-fed. More importantly, she serves as his perpetual source of motivation and inspiration.

Mitchell J. Baker, Esq.

Mitchell J. Baker received his Juris Doctor degree, cum laude, from Pace University School of Law in 1980. After receiving his Master of Law degree from the University of Pennsylvania School of Law in 1981, he clerked for the Honorable Irving Ben Cooper, United States District Judge for the Southern District of New York from 1981 to 1983.

Mr. Baker’s practice, which spans over thirty years, focuses on sophisticated business affairs involving large, privately held companies and high net worth individuals. His extensive litigation record is distinguished by a number of reported cases including Cavendish Traders, Ltd. v Nice Skate Shoes, Ltd., 117 F. Supp. 2d 394 (SDNY 2000); Goldstein v Kohl’s 16 A.D.3d 622, 792 N.Y.S. 2d 182 (2nd Dept. 2005); LePartner v. VJM Home Renovations, Inc., 295 A.D. 2d 322, 744 N.Y.S. 2d 337 (2nd Dept. 2002); Lower Manhattan Loft Tenants v New York City Loft Board, 104 A.D.2d 223, 482 N.Y.S.2d 727 (2nd Dept. 1984); Mauro v Choi, 11 Misc. 3d 1070A, 816 N.Y.S.2d 697 (NYC Civ. Ct. 2006). He has also successfully represented numerous individuals in Family Law and Real Estate matters and Personal Injury claims.

Mr. Baker is also a Director of the New York Academy of Trial Lawyers.

Pierre de Ravel d'Esclapon, Esq.

Mr. de Ravel is an international arbitrator and mediator with over 45 years of experience in cross-border business transactions (M&A, Joint ventures, licensing, distribution, off-take agreements, direct investment) in a wide range of industries: : finance and investments (banking, insurance, structured financing, derivatives, project finance ), energy ( power generation, electricity transmission and distribution, power marketing) electronics, chemicals, computer leasing, ship financing, medical devices, pharmaceuticals, metals ( steel , carbon and specialty, non-ferrous alloys), fashion ( licensing and IP litigation) and wholesale distribution. He has been appointed as counsel and arbitrator in AAA, ICC, FINRA and ad hoc arbitrations. As arbitrator he served in several cross-border disputes relating to computer software, manufacturer/distributor disputes, construction, pharmaceuticals (licensing and valuation of technology) and sports. He has published numerous articles in English and in French on a broad range of legal topics. He is an Adjunct Professor of Law at the University of Montreal Law School and of Corporate Governance at HEC-MBA in France.

Pierre F. de Ravel d'Esclapon has practiced corporate, securities and finance law in New York since 1970. In recent years, Mr. de Ravel has been teaching corporate governance and securities regulations and been active in arbitration and mediation. Mr. de Ravel was a senior partner of LeBoeuf, Lamb, Greene and MacRae and Of Counsel to Dewey & LeBoeuf.

Mr. de Ravel regularly mediates cases in the Commercial Division of New York Supreme Court and in the Appellate Division Second Department.He is on the rosters of mediators for the US Bankruptcy Court for Southern District of NY and the ICC in Paris.He is a FINRA Mediator and Public Arbitrator and is on numerous panels: World Trade Organization, P.R.I.M.E.Finance, AAA-National Roster of Arbitrators,ICC, WIPO, LCIA. He has argued cases before the New York Supreme Court, the New York Appellate Division, the Surrogate’s Court, the U.S. District Court for the Eastern District of New York, the U.S. District Court for the District of Columbia, the Court of International Trade, the Court of Appeals for the District of Columbia Circuit, the Federal Circuit Court of Appeals and the United States Supreme Court. Harvard Law School, 1970, LL.M.

David A. Gallo, Esq.

David A. Gallo, our founding partner at David A. Gallo & Associates LLP, has been practicing New York landlord tenant and commercial litigation for over thirty-five years. He has served on the Housing Court Advisory Council, Committee of Character and Fitness, the Special Commission on the Future of the New York City Housing Court, and a Special Master at the Appellate Division, Second Department Mandatory Mediation Program.

Philip Goldstein, ESq.

Alternative Dispute Resolution is as popular as ever and the wave of the future. Yet parties and counsel often search in vain for completely neutral, independent, effective and cost conscious ADR neutrals. The choices can seem mind boggling and users often complain about lack of satisfaction with the process and available professionals. Philip Goldstein, an award-winning, seasoned former BigLaw partner, entered this crowded field with the determination that he has the skills and training necessary to provide parties and counsel with the choice of an ideal neutral.

Whether you are looking for a mediator, arbitrator, other ADR services such as Early Neutral Evaluation or Special Master services, or advice from an experienced and highly trained practitioner, Mr. Goldstein will meet your needs.

Mr. Goldstein recently expanded his suite of offerings to include online Zoom mediations and other ADR services. This very effective platform and an experienced, trustworthy mediator such as Philip Goldstein provides users with an ideal path to resolve disputes — particularly during this extraordinarily difficult time of a pandemic.

Interested in learning more about the ADR Office of Philip Goldstein? Email or call Mr. Goldstein and he will promptly respond to your inquiry.

John J. Halloran, Jr., Esq.

John Halloran has successfully handled precedent-setting cases in federal and state courts throughout the nation for 30 years.

A native of the Bronx, New York, John began his litigation career with the New York City law firm of Willkie Farr & Gallagher where he developed an expertise in complex civil litigation and international disputes. At trial and on appeal, he prevailed in cases involving RICO, antitrust, contract law, federal securities law, accountants’ liability, trusts and estates, and a series of cross-border banking disputes arising from the global fraud committed by the Bank of Credit and Commerce International (BCCI). He also served as assigned counsel to indigent criminal defendants by appointment of the Court of Appeals and Appellate Division, First Department.

Building upon his experience at Willkie Farr, John was appointed by the Attorney General to serve as a trial attorney in the United States Department of Justice in Washington, D.C. (Civil Division, Federal Programs Branch). In that capacity, he successfully represented Cabinet officers and other Executive Branch officials in civil cases across the country. For example, John was lead counsel for the United States in civil litigation arising from the largest bank failure in the history of the Commonwealth of Virginia; he successfully secured equitable relief for the United States through successive, same-day oral arguments in the U.S. District Court for the Western District of Virginia (Roanoke) and the U.S. Court of Appeals for the Fourth Circuit (Richmond), and thereafter recovered the largest civil judgment under the anti-fraud statute, FIRREA. John was lead trial counsel for Treasury Secretary Robert E. Rubin in the first civil penalty action brought under the Bank Secrecy Act (a key anti-money laundering statute); he recovered a substantial judgment and other systemic relief for the government. He successfully defended FBI Director Louis Freeh in a civil case challenging the Director’s actions designed to assure gender equality in the composition of SWAT teams. John received several commendations and awards for his work at the Justice Department including, on three occasions, the Attorney General’s Special Achievement Award for Sustained Superior Performance of Duty.

Upon his return to private practice in New York City, John has focused on representing governments in civil litigation in the United States. Over the past decade, he has represented foreign states and governmental entities in connection with cross-border disputes. He has served as lead appellate counsel in the federal courts in that litigation, which has reached the United States Supreme Court on three occasions. John has an active practice in dispute avoidance and resolution, and regularly serves as a moot court judge in high-stakes appeals in the federal and state appellate courts.

Mr. Halloran has Statewide experience in the legislative, judicial, and executive branches of government. In the 1970s and early 1980s, he served as a legislative assistant to the Albany-based Assembly Ethics and Guidance Committee (Chair, Edward Griffith, East New York & Brownsville), where he drafted ethics opinions, policy directives and legislation leading to laws in myriad areas, including an amendment to the State Constitution enlarging the jurisdiction of the New York Court of Appeals. In 1984 and 1985, John served as a law clerk to Senior Associate Judge Matthew J. Jasen of the New York Court of Appeals, with chambers in Buffalo and Albany. Most recently, from 2008 to 2013, he served as pro bono Deputy Counsel to the New York State Commission on Judicial Nomination, a New York State public agency charged with the function of evaluating and nominating candidates for the New York Court of Appeals.

For many years, John has been active in various public service and bar initiatives on a Statewide basis. In 2015, John was appointed to serve on the Constitutional Convention Task Force of the New York City Bar Association. He is a longstanding and active member of the Board of Trustees of The Historical Society of the New York Courts, which has been established to document and preserve the history of the people and events that have shaped New York’s jurisprudence. Since the 1980s, John has served on committees of the New York State Bar Association and New York City Bar Association, particularly in the areas of government affairs and ethics. John is a Sustaining Member of the Federal Bar Council (Westchester Committee), an organization of lawyers who practice in federal courts within the Second Circuit. Most recently, on October 28, 2020, John Halloran was named to the 2020 list of the IRISH LEGAL 100, an annual compilation of distinguished legal professionals in the United States.

Barbara M. Lerman, Esq.

Barbara M. Lerman is an attorney admitted to practice in New York State in 1982. The company or organization that Barbara M. Lerman serves is Barbara Lerman Esq. is located in White Plains, New York. This organization primarily operates in the General Practice Attorney, Lawyer business / industry within the Legal Services sector. This organization has been operating for approximately 39 years.

Brian W. McElhenny, Esq.

With over 90 appeals under his belt, Brian is a member of the firm’s Appellate Practice Group. He also co-chairs the firm’s Municipal and Government Practice Group. His practice focuses on complex personal injury defense and insurance coverage disputes with significant emphasis on municipal liability, premises cases, New York Labor Law and product liability.

Brian has more than three decades of experience defending clients in the courts on Long Island and in the New York City area in labor law construction and premises cases. He has tried more than 90 cases to jury verdict and argued 90 appeals before the Appellate Division in New York State. He has also argued several cases before the United States Second Circuit Court of Appeals. Brian has experience in all aspects of the defense of civil litigation from claim inception through discovery, depositions, motion practice, trial and appeal. Brian has published extensively about the primary assumption of risk defense in athletic and recreational activity injury claims.

Brian has prepared and argued appeals across New York State. He has an active mediation practice where he works with clients and their insurers to resolve claims at an early stage. His litigation skills result in clients seeking his representation in mediations and arbitration across New York. Brian was selected by the Appellate Division Second Department to be a special master to mediate civil cases on appeal.

Brian has significant experience defending retail businesses, as well as property owners, general contractors and sub-contractors against various tort claims, including New York’s onerous Labor Law statutes. He has deep experience defending serious damage claims, including traumatic brain injury. However, his litigation skills are not limited to personal injury. Brian has successfully represented clients in commercial disputes, including defamation actions and claims of prima facia tort. Brian also represents a broad spectrum of product manufacturers and distributors in product liability matters. He has unique experience representing sprinkler manufacturers in significant property damage claims, as well as ladder manufacturers for alleged product failure.

In one example of Brian’s municipal and governmental liability experience, he successfully defended the Town of Islip, New York, in a high-profile case involving a shooting at a town park. In another example, the 18-year old plaintiff was driving his car on a state road in Huntington, New York, when it slid on black ice and collided with another vehicle. He sustained a traumatic brain injury and was hospitalized for months. Brian successfully argued that the town was not liable, as the intersection was under the control of the state and there was insufficient evidence that the town breached its duty to maintain the roadway.

Brian appellate skills were evident in representation of a ladder company in a product liability suit. The client purchased the assets of the ladder manufacturer after it went out of business. After a motion for summary judgment was denied, Brian appealed the decision and the Second Department reversed it, dismissing the complaint. The court held that the successor company was not liable for the alleged ladder defect.

Brian has been awarded an AV rating from Martindale-Hubbell. He has also been selected for inclusion in New York Metro Super Lawyers and as one of Long Island’s Top Legal Eagles.

He resides in Huntington, New York with his wife Kerin. Brian is active playing tennis and platform tennis at the Head of the Bay Club in Huntington Bay where he was President in 2015-2016.

Robyn D. Weisman, Esq.

Robyn D. Weisman, Esq., earned her Bachelor's Degree in Psychology and Sociology and her law degree from Albany Law School at Union University. Attorney Weisman has over 30 years of litigation experience and, in 2005, she decided to open this divorce mediation center to help couples. She has been committed to helping couples through their separation and divorce in the most healthy and amicable way possible. She helps parents recognize and avoid the negative emotional effects a divorce may have on children, and on the spouses. With her knowledge and expertise on the subject, she has also authored "Keeping a Healthy Family Following Divorce."

She is currently an appointed consultant and divorce mediator for the Nassau County Family Court. She handles child custody and visitation cases, support cases, permanency placement cases, litigated divorce cases, and actively handles uncontested divorces in Long Island, NY. Additionally, she is a member of the New York State Bar Association, the Florida Bar Association, New York State Trial Lawyers Association, New York State Council on Divorce Mediation, The Family and Divorce Mediation Council of Greater New York, International Academy of Collaborative Professionals, and the Association of Conflict Resolution.

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