Thursday, April 9th
Our special guest this week, Nelson Edward Timken, Mediator will Present on:
How Retirement Has Effected Mediation and the Influence of ABA Op 518 on the Industry
This program explores how the recent wave of judicial and senior-partner retirements has reshaped the mediation marketplace, and not always for the better. As experienced litigators and judges transition into dispute resolution, mediation has increasingly shifted from a facilitative craft grounded in self-determination to a high-volume settlement business driven by reputation and speed.
We will examine how this “retirement glut” has commodified mediation, altered client expectations, and created ethical tension within the profession. Central to the discussion is ABA Formal Opinion 518 and its clear warning against evaluative overreach, particularly the prohibition on mediators implying that a settlement is in a party’s “best interest.” Opinion 518 signals a broader reckoning for the industry: neutrality is not a title carried over from the bench, but a discipline requiring retooling, restraint, and renewed ethical clarity.
This session invites mediators, lawyers, and ADR professionals to reflect on where the field is heading, and what must change to preserve mediation as a profession grounded in integrity, skill, and true party self-determination.
When you’re thinking about where to donate, please consider supporting Holy Apostles Soup Kitchen
Our presenter:
For 30 years, Nelson Edward Timken served as Principal Law Clerk to a New York Supreme Court Justice. Before that, and alongside it, he built 37 years of legal experience that gave him a front-row seat to complex litigation, high-stakes motion practice, and the real dynamics that drive judicial decision-making. He now devotes his time to mediating.
His perspective is informed by years spent drafting decisions, observing trials, and watching how strong cases and weak cases actually play out. That insight now serves parties who need more than conversation. They need resolution.
Offered by Will Work For Food, founded by Natalie Armstrong-Motin (www.HowToMarketMyMediationPractice.com, moderated by Jeff Kichaven (www.JeffKichaven.com ) and Jean Lawler (www.LawlerADR.com), and Program Coordinator, David Shraga (www.DavidShraga.com).
This worldwide conversation will be like nothing else. Join in! Share, learn, have fun, and raise money for food banks.