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The Ethics and Art of Settlement at Mediation

Total Credits
1 - 1.22
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This course will focus on the best way for attorneys to benefit from mediation, including presentation, psychology, strategy and the moves that help to get the best results. The course will examine the mediation process and how ethical behavior can ultimately lead to success.

The presenter will share his personal views regarding the relevant American Bar Association Model Rules for Attorney Conduct. Having extensive experience representing, both plaintiffs and defendants, the speaker is able to provide unique insight and understanding into the problems inherent in client representation.

There will also be a discussion on possible solutions and practical ways to handle ethical concerns under the Model Rules for Attorney Conduct.

Lecturer Bio

Bob Worden, Esq.

A hearing Officer With over 35 years of experience in litigating in the New York Metro area, Bob Worden, Esq. is best known for handling high-exposure and catastrophic personal injury cases, with complex medical issues, as well as handling high-exposure property damage claims. He performs detailed objective analysis of complex information to achieve the best strategies for claim resolution. His goal is to reach consensus where possible. Where resolution through consensus is difficult, he is creative in finding alternative solutions. Mr. Worden is highly regarded for his abilities in resolving cases concerning construction accidents, trucking accidents, premises and products liability.

His experience includes handling numerous medical malpractice cases. He has consulted on thousands of medical malpractice matters, both with regard to litigation strategy and settlement. He is familiar with medical language, principles, procedures and methodology of medical and hospital practices. On a national scale, he is often consulted by clients who have cases involving complex personal injury and medical issues. Mr. Worden’s extensive experience representing both plaintiffs and defendants allows him to see lawsuits from all perspectives, and has given him insight as to how to best move cases towards settlement. He understands the concerns and motivations from all sides and seeks to efficiently assess the information available and use his insight to find win-win solutions. He approaches his work with an enthusiastic, high-energy style, which avoids unnecessary confrontation.

Although Mr. Worden remains on the defense panel for a number of insurers, he has an excellent reputation for being able to resolve claims with those insurers, when all parties waive any conflict, so he can mediate and work to bring all to agreement in difficult cases. Known for his clear and timely communication and keeping a sense of humor in difficult situations, he seeks to relieve stress for all involved, and is able to get the job done to the satisfaction of all concerned. Mr. Worden is a longtime advocate of alternative dispute resolution (ADR). He is well-respected professionally by both sides of the bar and can draw upon his many years of experience when mediating and arbitrating in the private ADR forum. Many attorneys and insurance carriers welcome the prospect of working with a mediator who is seeking to resolve claims quickly and fairly, saving time and expense for all concerned.

His reputation and relationships developed with other counsel, representing plaintiffs and defendants in the profession lend credibility to his efforts, and reach resolutions to the benefit of everyone involved. It is the highest form of compliment that Mr. Worden is well-regarded by plaintiff’s attorneys who have described him as “extremely knowledgeable, very fair, has the kind of personality and patience that fosters the resolution of cases, even in the most difficult situations”; “always found him to be reasonable, highly effective, resolution oriented lawyer”; “extremely able, thoughtful and fair-minded attorney, I truly trust both his insights and the fairness of his critique, even when that critique diminishes my original case perception”; “he took the lead amongst the multitude of defense firms in fostering an atmosphere of communication and ultimate resolution.

His calm, professional and knowledgeable demeanor stood out amongst his peers. His ability to be the voice of reason among many differing styles, tactics and motivations was invaluable to his clients and all involved” In 2020, for the third year in a row, Mr. Worden was recognized by the legal community by being voted a Top Ten Arbitrator in New York State by the New York Law Journal Best Of Survey. He is a frequent lecturer on topics relating to analysis of high-exposure claims, including such topics as New York’s Labor Law, Early Identification and Resolution of High Exposure Claims; Professional Liability and Medical Causation Issues; Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome-Analysis and Pro-Active Resolution, Analysis of Medical Records in High Exposure Claims and Supplementary Uninsured and Underinsured Motorist Claims.

Bob Worden, Esq. is available to arbitrate and mediate cases throughout the New York Metro area.

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