Jaclyn A. Brilling

WHAT IS MEDIATION?

Mediation is a confidential process whereby a neutral third party (the mediator) assists disputants in their negotiations and collaborates with them to arrive at agreements.  The mediator has no decision-making authority, but provides substantive guidance and encourages the parties to broaden their options and expand the range of possible resolutions.

Mediators may meet together with all of the parties, or communicate separately with the participants in private meetings called caucuses.

WHY MEDIATION?

Mediation is appropriate when:  Relationships are strained but must continue, miscommunication is apparent and a skilled neutral would facilitate communication.  The presence of a third party would change dynamics.  The parties may be willing to settle or reevaluate their positions.

-          Confidentiality is important

-          Parties are interested in retaining control of the outcome

-          Time factors are a consideration.

WIN-WIN NEGOTIATIONS

Mediation is based on the principles of win-win negotiations:

-          Focus on issues, not personalities

-          Focus on interests, not positions

-          Create options to satisfy both mutual and separate interests

-          Evaluate options according to standards, not power

 ASSUMPTIONS

-          Effective communication enhances relationships

-          Both parties can win

-          Parties should help each other win

-          Open discussion expands mutual interests and options

-          Standards can replace power in the negotiations outcome

-          Anger is diffused when people understand each other’s motivations

Professional Experience:

Hearing Officer, Office of the State Comptroller Thomas DiNapoli (Retirement System), October 2014-Present:

Secretary to the Commission, New York State Department of Public Service, July 2003 – December 2012:

Administrative Law Judge, New York State Department of Public Service, 1996-2003:

-          Presided over administrative hearings commenced before the Commission:

-          Wrote recommended decisions

-          Acted as an arbitrator and mediator when requested

Settlement Judge:

-          Conducted multi-party mediations, collaborations and settlement proceedings

-          Advised on both adjudicated and settlement cases

Deputy Counsel, New York State Commission on Cable Television (CCTV), 1985-1996:

Staff Counsel, New York State Department of Public Service, 1979-1985:

 Bar Admissions:

-          New York State, Appellate Division, Third Department, 1980.

-          Federal District Court for the Northern District of New York, 1980.

-          Supreme Court of the United States of America, 1996.

 Education:

-          Vermont Law School, J.D., June 1979; (Moot Court Advisory Board 1976-77)

-          Georgetown University, BSFS, May 1976

-          SUNY at Albany, Econometrics, taken as part of a certification program in 1982

-          Albany Dispute Resolution Program, Inc.- Mediation training, March 1994

-          Capital Leadership Class of 1996

-          Impartial Hearing Officer Training, NYS Department of Education (1994 - Present)

-          Advanced Mediation Training, NYS Department of Education, November 1995;

-          Cornell University, March 1996;

-          Strauss Institute of Pepperdine University Law School, Advanced Mediation Training, January 1998

-          GOER Leadership Classroom graduate – January 2006.

-          Continuing Education for Mediation through Community Mediation Centers and

-          NYSBA, ADR Section.

 Consultancies and Pro Bono Work (1979 - Present):

Trainer - Mediation and ADR: 

-          NYS DPS Trainer for courses in Mediation, Consensus Building, Facilitation, and Ethics

-          NYS Education Department (Mediation of Special Education disputes),

-          The New York State Dispute Resolution Association (NYSDRA)

-          Albany Law School of Union University

-          Mediation Matters, Inc. (the community dispute resolution center for Albany, Rensselaer, Saratoga, Warren and Washington Counties).

Guest Lecturer:

-          State University of New York at Albany-Masters of Public Policy Program: 

-          Legal Reasoning in Public Policy Analysis.

-          Albany Medical College of Union University

-          Universities of Warsaw and Krakow in Poland

-          Prague University in the Czech Republic: 

-          Lectured on Medical Malpractice.

 Board Membership / Other Activities (Current):

-          Georgetown University Alumni Interviewer (1983 – Present);

-          GU Assoc. NENY (2006 - Present)

-          Loyalty Society (2006 - Present)

-          Priest Misconduct Panel - Diocese of Albany,(1993 - Present)

-          Impartial Hearing Officer - NYS Education Department, (1994 - Present)

-          Our Lady of Angels Province, Franciscan Review Board (2007 – Present)

-          St Anne Institute, Board of Trustees (2008 – Present);

-          Vice Chair (2015-2016)

-          Vermont Law School Alumni Association Board of Directors (2013-Present);

-          Development Committee Chair (2014 - Present);

-          Dean’s Leadership Committee (2015)

-          Vermont Law School Alumni Association NENY - Secretary (2009 – Present)

-          Madison’s Who’s Who Among Professions (2012 - Present)

-          Mediation Matters (Mediation Center for Albany, Schenectady, Warren, Washington, Saratoga and Rensselaer Counties)

-          Member of the Board (1998-2011)

-          Secretary Pro Temp, (2011),

-          Volunteer Mediator, Mediation Matters and Center for Dispute Settlement (1986-Present)

-          Volunteer Arbitrator, Attorney Fee Disputes, 3rd and 4th Judicial Districts (2011 – present)

-          CTRC Governance Committee - Member (2011 - Present)

-          Pride Center of Albany - Volunteer (2014 - Present)

-          Deliver “Community” Magazine to Albany and Colonie, NY locations, monthly

-          Albany Police Review Board - Mediator (competitively selected) (2014 - Present).

Publications:

“Perspectives on Managing a Negotiated Rule Making,” NYSBA Government Law and Policy

 Journal (Fall 2000, Vol. 2, No. 2, pp. 54-57)

“Alternative Dispute Resolution and Administrative Flexibility.”  Individual article submitted

by Jaclyn A. Brilling, Judith A. Lee and Eleanor Stein, Administrative Law Judges for: “A

Compilation of “Best Practices” to Implement the Telecommunications Act of 1996,” The

National Regulatory Research Institute White Paper, April 1999.