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January 2026

Welcome

Happy New Year to readers of Making the Connection!

In this issue, you will find:

In Focus : Transparency in Mediation Revisited
Question of the Month, featuring a question on arbitrator use of artificial intelligence
Case on Point, discussing applicability of employment discrimination laws in religious contexts
At the Podium, listing my speaking engagements and public appearances
Client Corner, spotlighting client events and announcements

In Focus

Transparency in Mediation Revisited

In March, 2021, I was honored to have the opportunity to present at the ACR-GNY roundtable on The Advantages of Transparency in Mediation. Click here to watch the presentation, and here for the Powerpoint slides. The presentation focused on how a mediator's transparency about the process and in providing information, reality-testing and evaluative input can empower the parties to participate constructively and make informed decisions regarding settlement. It also helps the mediator develop rapport and credibility with the parties. Thus, to the extent I express opinions about the strengths or weaknesses of the parties' cases, I do so consistently whether in joint session or caucus. I also will not present a parties' proposal to settle as a "best and final" offer if I know that is not the case.

Interestingly, the American Bar Association recently issued Formal Opinion 518 essentially mandating greater transparency by lawyers acting as mediators. The opinion such mediators to:

Clarify that they are neutral and not representing any party;
Avoid expressing an opinion that a particular resolution is in a party's best interest; and
Refrain from dishonesty or misrepresentation in conveying information or proposals.

Question of the Month

This month's question is one I suggested be posted on the ACR-GNY blog:

Q: When arbitrators rely on AI to analyze the record—summaries, exhibit identification, or transcript searches—does this constitute “independent research,” and should the parties be given access to the AI outputs to ensure accuracy and fairness?

My response was as follows:

A: When I am unsure about how to decide a disputed factual (or legal) issue, my practice is to request the parties to submit briefs addressing the issues. I am reluctant to rely on AI to ensure I am considering and properly interpreting all relevant exhibits or testimony. If I were to use AI, I would give the parties an opportunity to comment on or supplement the results.

Click here to access the entire discussion.

Case On Point

Sander v Westchester Reform Temple

(N.Y. Ct. of App. 2026)

Plaintiff was hired by defendant as a "religious educator". Shortly thereafter, she published a blog post that was critical of Israel and Zionism. Her employment was terminated, and she brought a lawsuit claiming that her termination violated New York Labor Law § 201-d (2) (c) prohibiting an employer from taking an adverse action against an employee for engaging in legal recreational activities during non-working hours. The Court of Appeals affirmed the dismissal of plaintiff's complaint, relying on prior U.S. Supreme Court decisions holding that employment discrimination laws do not apply to employees in "ministerial" positions. As the Supreme Court observed: 'Requiring a religious institution "to accept or retain an unwanted minister, or punishing [them] for failing to do so" both "infringes the Free Exercise Clause, which protects a religious group's right to shape its own faith and mission through its appointments" and "violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions."'

At the Podium

This is a listing of speaking engagements, workshops, events and other public appearances. To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.

I am pleased to share that my application to be redesignated as a panel mediator for New York state courts was accepted.

Client Corner

Client Corner features client announcements and events of potential interest to readers. Clients are encouraged to submit items for listing in future issues to lisa@lisapom.com. Some Client Corner events are also listed on the calendar page of my website.

On February 20, 2026, Moxxie Network is hosting a Midday with Moxxie networking lunch from noon to 2pm at Hotel Indigo in Riverhead, New York. Click here for more information.

80 Orville Drive, Suite 100 | Bohemia, NY 11716

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