Straus Institute for Dispute Resolution
Mediating the Litigated Case™
SEPTEMBER 9-14, 2013
A six day training program, 8:30 a.m. to 5:00 p.m.
Monday will begin at 11:30 a.m.
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
- 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
- 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
- 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
- Techniques to Facilitate Closing the Deal
- How to Present Risks and Costs
- Ethics and Bullying
- Mediator Timing When Facilitating Closure
- Effective Agreement Drafting
- Agreement to Mediation
- Emotions in Mediation
- Bias Awareness
- Multi-Party/Multi-Issue Mediation
- Attorney Advocates in Mediation
- Faculty Demonstration
- Fairness and Neutrality
- 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
Quotes from previous Mediating the Litigated Case program participants
"I learned so much in the Mediating the Litigated Case program that I enrolled in Pepperdine's master's degree program in dispute resolution."
-- Sam Cianchetti, retired judge Inland Valley Arbitration and Mediation Services
"My attendance at this program has been an important cornerstone for my mediation practice."
-- George D. Calkins, JAMS Los Angeles, formerly with Cox Castle and Nicholson, LLP
A Distinctive Faculty
Stephanie Bell is an assistant professor of law and assistant director of the Straus Institute for Dispute Resolution. She supervises the Mediation Clinic and teaches Mediation Theory and Practice and Criminal Law. Prior to joining Pepperdine, she served as the manager of the King County Alternative Dispute Resolution Program and Interlocal Conflict Resolution Group, a tri-county labor-management and public policy mediation program in the area around Seattle, Washington. Prior to this she was the alternative dispute resolution coordinator for the City of Seattle where she designed and implemented a labor and employment mediation program for city government. Before joining Straus full-time, Bell served as an adjunct professor at Straus, the Seattle University School of Law, and the University of Washington master of public administration program. Bell earned her BA with honors in American civilization from Brown University, and her JD from the University of Washington School of Law.
Denise R. Madigan has been mediating full-time for over 20 years. She entered the field as an associate director for the Harvard-MIT Public Disputes Program in the early 1980s, and after practicing law, later joined the pioneering ADR firm, Endispute, Inc., in Washington, D.C. (which later merged with JAMS). The breadth of her practice is extraordinarily broad, and includes complex commercial, entertainment, intellectual property, insurance, mass accidents, and employment matters, among others. In addition to her full-time mediation practice, Madigan has taught at the Straus Institute since the mid-1990s, and now serves as director of its Public Disputes Project. She also has designed and/or taught hundreds of tailored negotiation and ADR courses for courts, law firms, government agencies, nonprofits and corporations in the United States, Asia, Latin America, and the Middle East.
Jim Craven is a lawyer, mediator, and frequent speaker in the conflict resolution field. He has been practicing law for 36 years and remains of counsel to the Spokane, Washington, law firm of Evans, Craven & Lackie which he cofounded in 1978. He has extensive experience in the mediation of complex disputes, having served clients throughout the northwest since 1990. He serves on the construction, commercial and mediation panels of the American Arbitration Association, and is a member of the Washington Mediation Association. Craven was a trial lawyer for 25 years before becoming a full-time neutral. His trial practice emphasized complex construction, environmental, commercial, and professional negligence litigation. He received his law degree from Gonzaga University and the LL.M. in dispute resolution from Pepperdine University. In addition to his dispute resolution practice, Craven consults with business and government on a wide range of issues.
Tuition for Mediating the Litigated Case is $2,695. The governmental and non-profit rate is $1,995.
PLEASE NOTE: $500 of the registration fee will NOT be refunded upon cancellation. Refunds for tuition paid by check will require a W-9 form submitted to the University. This is for internal purposes only to generate a refund check. The refund is not taxed nor would a 1099 be issued.
The governmental/nonprofit rate is for FULL-TIME employees only. Please be sure to list your governmental/company address and email on the registration form. You are agreeing that we may contact your employer to verify full-time employment.
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 48 hours of notice prior to the program start date or there will be an additional $50 food service fee deducted.
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. Straus programs have been accepted for MCLE credit across the nation.
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.
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.
For additional information regarding the program please contact
Lori Rushford at (310) 506-6342 begin_of_the_skype_highlighting (310) 506-6342 FREE end_of_the_skype_highlighting or firstname.lastname@example.org.
Monday, September 9, 11:30 am - 5:00 pm
Tuesday through Saturday, September 10-14, tentative schedule 8:30 am - 5:00 pm
(Some days may have an additional 30 minutes added to the schedule)
Pepperdine University's Washington D.C. Facility
2011 Pennsylvania Ave., NW - 4th Floor, Washington, D.C. 20006
FOR MORE INFORMATION PLEASE CALL THE STRAUS INSTITUTE IN CALIFORNIA AT: (310) 506-6342 begin_of_the_skype_highlighting (310) 506-6342 FREE end_of_the_skype_highlighting or email email@example.com. Thank you!