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Advanced Mediation Strategies: How to Be an Effective Advocate – The Mediation Session


Speaker(s): Elizabeth J. Shampnoi, Leslie A. Berkoff
Recorded on: Jul. 29, 2019
PLI Program #: 283378

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 Co-Chair of the firm's Alternative Dispute Resolution Group.  Ms. Berkoff concentrates her practice in the area of bankruptcy and restructuring litigation and corporate workouts both nationally and locally. Ms. Berkoff is a contributing editor for the ABA publication Business Law Today.  In addition, Ms. Berkoff serves on the Board of Editors of Pratt's Journal of Bankruptcy Law.

Ms. Berkoff 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.
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 J. Shampnoi is an attorney, consulting expert, independent mediator, arbitrator and trainer based in New York City with 20 years of experience in the field of alternative dispute resolution. Ms. Shampnoi’s focus on alternative dispute resolution began early in her career when she served as the District Vice President of the New York region of the American Arbitration Association. In that role, Ms. Shampnoi was responsible for overseeing case management; mediator and arbitrator recruitment, training and development; and working with in-counsel and law firms to develop and implement dispute avoidance and dispute resolution programs, including internal employment dispute resolution plans. Following her tenure at the American Arbitration Association, Ms. Shampnoi joined a litigation boutique where she represented a diverse range of organizations and individuals before state and federal courts, administrative agencies, and arbitral forums. Ms. Shampnoi also served as settlement counsel. Her practice involved commercial litigation, securities, employment, contract, wage/hour, not-for-profit, intellectual property and real estate disputes on behalf of plaintiffs and defendants. She drafted and reviewed settlement, confidentiality, non-compete, non-disclosure, licensing, work-for-hire, buy/sell and employment agreements as well as domestic and international dispute resolution clauses within such agreements. Ms. Shampnoi has served as in-house counsel providing legal advice surrounding employment and commercial matters with an emphasis on early, internal dispute resolution and costeffective, strategic dispute management.  Currently, in her consulting practice Ms. Shampnoi serves as an arbitration and mediation consulting expert working with advocates to guide them through the dispute resolution process to achieve successful outcomes. Her practice involves, inter alia, providing strategic advice in dispute prevention, early dispute resolution, negotiation strategy, dispute resolution clause drafting, case assessment, the selection of neutrals, advocacy skills, forum selection, rule interpretation/enforcement, case management, and confirming or vacating awards. Ms. Shampnoi also advises concerning the development, implementation and oversight of employer promulgated dispute resolution plans. In her neutral practice, she has successfully mediated over 200 employment and commercial disputes involving all areas of discrimination, sexual harassment, wage and hour, contract, real estate and partnership matters. She has also served as a sole arbitrator and as part of a tribunal in similar matters. Ms. Shampnoi’s success as a neutral is rooted in the breadth of her experience, ability to build rapport and temperament. Maintaining her consulting practice enhances her value as a neutral, keeping her upto- date on legal developments, litigation trends and current practices. Her balanced perspective, broad experience and insights gained from serving as a business executive, advocate and in-house counsel in a wide variety of settings has been the catalyst for her success. Ms. Shampnoi regularly conducts CLE programs, trainings and presentations for advocates, neutrals, business and human resource executives concerning best practices in dispute avoidance and resolution such as clause drafting, conflict resolution, negotiation, advocacy and implicit/unconscious bias.