Celesq® Attorneys Ed Center

Effective Mediation Part 3 - Overcoming Unrecognized Emotions in Mediating Commercial Disputes

Program Number: 3021

Program Date: 06/01/2020


Emotions are not relegated to personally identifiable disputes, such as employment, personal injury or matrimonial. Oftentimes, the parties to a commercial dispute are harboring unrecognized emotions arising from the dynamics of the events leading up to the dispute, the interactions between the parties as well as the impact of the subject matter of the dispute at hand. Failing to identify and recognize these emotions impedes the ability of the parties to address them in a way that allows the parties to focus on the overarching business dispute. By recognizing and addressing emotions, the parties can move towards a more level playing field of negotiation and adequately address the dispute between them. As long as these emotions remain unnamed and unmanaged, getting to "yes" or some form of resolution may be impossible.

This program will explore the means to identify and recognize emotions in commercial disputes, and provide tools to foster the sharing of those emotions in a productive manner to allow the parties to adequately negotiate and focus on the business terms. This program aims to help advocates have a deeper understanding of the emotion that all parties, including business representatives such as executives and senior leadership have and provide tools to manage and address such emotion in a productive manner to set the right tone and foundation for success.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50 minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60 minute credit hour

State Program Numbers


Leslie Berkoff, Esq.

Moritt Hock & Hamroff LLP

Leslie A. Berkoff is a Partner with the firm where she serves as Co-Chair of the firm’s Litigation and Bankruptcy Practice Group, as well as Advisory Co-Chair of the firm’s Diversity & Inclusion Committee. Ms. Berkoff concentrates her practice in the area of bankruptcy and restructuring litigation and corporate workouts, and she represents a variety of corporate debtors, trustees, creditors and creditor committees both nationally and locally. Her practice also includes an emphasis on equipment leasing and healthcare law. Ms. Berkoff is also an experienced litigator and handles corporate transactions both locally and nationally. In addition, Ms. Berkoff has an active alternate dispute resolution practice and frequently serves as a mediator, and is also a trained arbitrator. She is on the Mediation Panels for the Eastern, Southern and Northern Districts of the United States Bankruptcy Courts in New York and the United States Bankruptcy Courts in Delaware and the Eastern District of Pennsylvania, as well as the Commercial Mediation Panel for Nassau County. Ms. Berkoff was recently selected by the American Arbitrators Association to serve on its National Roster of Arbitrators. She has also served as a court appointed examiner and guardian ad litem in several bankruptcy cases. She is currently the Chair of the Mediation Sub-Committee of the Chapter 11 Lawyers and Judges Advisory Committee for the United States Bankruptcy Court, Eastern District of New York and Co-Chair of the Mediation Committee of the New York State Bar Association. Ms. Berkoff also serves as a Member of the Dispute Resolution Section Advisory Council of the American Bar Association (ABA) of the Business Law Section.

Prior to joining Moritt Hock & Hamroff LLP, Ms. Berkoff served as a law clerk to the Honorable Jerome Feller, United States Bankruptcy Judge in the Eastern District of New York, from 1991 to 1993 and to the Honorable Allyne R. Ross, Federal Magistrate Judge in the Eastern District of New York, from 1990 to 1991.

Ms. Berkoff speaks and publishes extensively and is a recognized leader in her field.


Elizabeth Shampnoi

Shampnoi Dispute Resolution and Management Services, Inc.

Elizabeth J. Shampnoi is President of Shampnoi Dispute Resolution and Management Services, Inc. and serves as a mediator, arbitrator, consulting expert and trainer. With 20 years of experience in the field of alternative dispute resolution (ADR), Ms. Shampnoi works with in-counsel, law firms, and executives providing strategic advice to develop and implement strategies to avoid and resolve disputes quickly and efficiently while achieving successful outcomes. Ms. Shampnoi regularly serves as a mediator and arbitrator in commercial and employment disputes and has successfully mediated and arbitrated over 150 disputes. She also provides trainings for companies concerning best practices in all areas of ADR. Ms. Shampnoi’s dedication and focus in the area of ADR began early in her career when she served as the District Vice President of the New York region of the American Arbitration Association (AAA). Following her tenure at the AAA, Ms. Shampnoi served as a litigator and in-house counsel. Ms. Shampnoi is based in New York City and can be reached at (914) 522-0174 or elizabeth@shampnoiadr.com