Mediating the Litigated Case Malibu - August 6-11, 2012

Presented by Straus Institute for Dispute Resolution

August 6-11, 2012
Malibu, CA

A six day training program, Monday through Saturday, 8:30 a.m. to 5:00 p.m.

Register Now!

From 2005 to 2011, this program has sold out entirely through web site registrations, without advertising the program! Register early!
A sophisticated six-day program for experienced litigators, in-house counsel, and other practitioners. Professionals can study the mediation of litigated cases to either become a mediator or to be a better advocate. The recent surge in mediation's popularity signifies a dramatic shift in the practice of law. Attorneys are now using professional neutrals to facilitate settlement negotiations for litigated cases. In the past, settlement efforts in the litigation arena have been limited to settlement conferences in which the focus is usually on the judge's case evaluation. As increasing numbers of courts are requiring parties to mediate in order to accommodate an overburdened legal system, there is a growing demand for professionals who, in addition to being able to evaluate a case, can also facilitate negotiations between adversarial parties to reach innovative solutions. Now lawyers and other established professionals can use their expertise to break into a new area of practice with tremendous possibilities. The Mediating the Litigated Case program offers a unique opportunity to learn about the mediation process in a format geared specifically toward civil litigation cases. Taught by experienced lawyers, who have made the transition from litigation to mediation practice, course participants will learn the essential skills required to serve as mediators. The program will focus on the various stages of the process, identifying and working with different negotiation styles, and facilitating problem solving regardless of whether the case involves contractual, tort, personal injury, employment, partnership, or securities issues. In addition to providing mediation skills training, the program will deal with issues specific to the adversarial setting including managing attorney advocates, the parameters of confidentiality, and concerns about discovery. It will also focus on issues of particular concern to attorney-mediators including the proscription against dual representation, providing legal advice, conflicts of interest, drafting mediation agreements, and other ethical dilemmas.

Program Topics and Schedule

Day 1

Dispute Resolution Continuum
STAR Approach to Mediation
Mediator's Stylistic Grid
Five Stages of Generic Mediation
Mixed Motive Exchange in Consensus Processes
The Predictability of Distributive Bargaining
Facilitating Distributive Bargaining

Day 2

The Integrative Approach to Negotiation
Focusing on "Interests" and Not Issues
How to Discover Underlying Interests
Facilitating Integrative Bargaining
Creativity in Negotiation
Mediator Timing in Facilitating Negotiation
Settlement Conference Mediation Model
Interest Based Mediation Model

Day 3

The Mediator's Job of Providing Structure
What to Include in an Opening Statement
Protocol for Disputants
How to Reframe and Narrow Issues
Communication Facilitation Techniques
Effective Use of Caucus
Validation

Day 4

Techniques to Facilitate Closing the Deal
How to Present Risks and Costs
Ethics and Bullying
Mediator Timing When Facilitating Closure
Effective Agreement Drafting
Convening
Agreement to Mediation
Confidentiality

Day 5

Emotions in Mediation
Bias Awareness
Multi-Party/Multi-Issue Mediation
Attorney Advocates in Mediation
Faculty Demonstration
Fairness and Neutrality

Day 6

Ethical Standards for Mediators
Med/Arb and Arb/Med
Power Imbalances
Discovery Concerns
Malpractice Liability and Insurance
Licensure and Regulation
Tips on Building a Mediation Practice

Tuition

Tuition for Mediating the Litigated Case is $2,195 and the governmental and non-profit rate is $1495. A non-refundable deposit of $200 is requested at registration. PLEASE NOTE!! We anticipate this program will sell out. In order to keep your space, you must make final payment by Monday, July, 9, 2012. If you miss this deadline, you will be placed first on the wait list.

PLEASE NOTE: There is a $200 cancellation fee. The cancellation fee for notification after hursday, August 2, at 5:00 p.m., is $300.

Tuition includes all materials, a continental breakfast, and lunch each day.
Since enrollment is limited, participants should register early. Should a
paid participant be unable to attend, tuition less the deposit, will be
refunded or a substitute may attend the program.

PLEASE NOTE: There is a $50 administrative fee for transferring to another program. If a participant cancels, we require 72
hours of notice prior to the program start date or there will be an
additional $50 food service fee deducted.

MCLE

These activities have been approved for 42 hours of MCLE credit by the State Bar of California including two hours of ethics. Pepperdine University School of Law certifies that the activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing MCLE.

Guarantee

All programs of the Straus Institute for Dispute Resolution are offered with a satisfaction guarantee. If a participant completes the
program and is dissatisfied with the course content or performance of
the faculty, the tuition fee will be refunded.

Tax Deduction

Education expenses (including enrollment fees, course materials, and travel costs) may be deductible if they improve or maintain professional skills. Treas. Reg. Sec. I 162-5.