This program is eligible for 1.5 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 1.8 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Following the PBA’s adoption of the Model Standards of Conduct for Mediators in May 2025, the program will review and discuss the ethical standards for mediators in PA in the context of the Model Standards, The Rules of Professional Conduct, the ABA’s formal opinions and other legal precedent. Through the presentation and discussion of hypothetical mediation scenarios and questions, the participants will gain a practical understanding of the many ethical challenges in mediation.
Presented in partnership with the PBA ADR Committee.
Recorded in March 2026.
Faculty
Hon. Emil Giordano (Ret.)
The Honorable Emil Giordano (Ret.), Co-Chair of the firm’s Litigation Practice Group, focuses his practice on estate and commercial litigation, and mediation and arbitration. Judge Giordano served as a presiding judge on the Court of Common Pleas of Northampton County, Third Judicial District, from 2004 through 2018. He was Northampton County’s first administrative Judge of the Orphans’ County Division, overseeing estates and trusts of the county, and was named to the Statewide Orphans’ Court Task Force, an organization charged with implementing changes to Orphans’ Court. He was also the first Judge in Pennsylvania to institute guardianship certification requirements for the protection of senior citizens. For 15 years, Judge Giordano presided over jury trials and non-jury trials, hearings and motions, and a wide range of disputes under Pennsylvania and federal law, including construction, commercial litigation, professional malpractice, CERCLA, Civil Rights, condemnations, labor and land use appeals, criminal, and domestic relations. As an arbitrator and mediator, Judge Giordano is certified through Harvard Law School Negotiation Institute in Advanced Mediation, is a fellow of the American College of Civil Trial Mediators, and is affiliated with the American Arbitration Association (AAA) Mediation. He serves as an arbitrator and mediator to the Judicial Roster, Real Estate, and Pennsylvania at Large ADR Panels of Distinguished Neutrals for the International Institute for Conflict Prevention & Resolution. Judge Giordano is Chair of the Orphans’ Court Procedural Rules Committee for the Supreme Court of Pennsylvania. He is a Diplomate Member for mediation for the Pennsylvania Chapter of the National Academy of Distinguished Neutrals. Judge Giordano serves on the Board of Trustees of the Center for Guardianship Certification. He is a member of the Board of Governors for Saint Thomas More Society and in the Northampton County Bar Association Wills and Trusts Committee Lecturer. In 2005, Judge Giordano was the first judicial recipient of the Lehigh Valley Crime Victims Council Award for Outstanding Commitment to Victim’s Rights. He also received the Bethlehem Catholic High School Distinguished Graduate Award. Judge Giordano received the Title IX Hearing Chairs Certification and Title IX Hearing Officer & Decision-Maker Certification from the Association of Title IX Administrators. Judge Giordano was selected for inclusion in The Best Lawyers in America® list in Litigation: Labor and Employment since 2024 and in Super Lawyers® since 2025. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here to review award methodology. Born in Brooklyn to Italian immigrant parents, Judge Giordano was the first to attend high school, graduating from Bethlehem Catholic High School. A proud Moravian College alumnus, he currently serves as an Adjunct Professor for undergraduate classes.
Hon. James Miller (Ret.)
As former trial judge with 15 years’ experience arbitrating hundreds of cases and mediating thousands more, Judge Miller helps lawyers and their clients resolve both international and domestic disputes in a way that makes the process work for them. A Fellow of the Chartered Institute of Arbitrators and a former trial judge. Judge Miller has arbitrated more than one hundred claims and Judge Miller has mediated thousands more. Experienced in construction, business and commercial, employment, injury, real estate and professional negligence. As a former judge who presided over hundreds of jury- and bench trials, and as a mediator who has mediated thousands of disputes, Judge Miller can very confidently say that mediation, done right, is a party’s day in court, and a much more satisfying day than the real day in court can possibly be.
Brooks R. Foland, Esq.
Brooks Foland brings over three decades of legal experience to his role as a mediator. With a background as an advocate and litigator, Brooks has been involved in numerous mediations spanning various areas such as personal injury, EMS and healthcare, products liability, professional liability and insurance coverage. Over the years, he has honed his skills through formal mediation training and collaborating with a diverse range of ADR (alternative dispute resolution) professionals. Drawing from this wealth of experience, Brooks approaches each mediation with a nuanced understanding of the most effective strategies. Over the last 5 or so years, he has mediated more than 250 cases across multiple domains.
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