Mediation: Closing the Deal! (12.7.10)
An experienced panel of mediators and litigators will offer nuts and bolts advice for best practices in the important area of closing the mediation deal. Issues surrounding the final agreement will be discussed including, whether it is ever appropriate to leave a successfully concluded mediation without a signed agreement; who should draft the agreement; when to use a memorandum of understanding; the pros and cons of bringing a prepared agreement; important clauses to include and when to include them; negotiating over the language in the agreement; and methods of keeping deals together after the parties leave the mediation. Ethical considerations surrounding the mediation agreement will also be covered.
Settlement Counsel: What You Should Know About an Emerging Area of Law Practice (11.16.10)
Most attorneys now understand that litigation advocacy differs substantially from mediation advocacy. In this age of specialization there are attorneys who act exclusively as negotiators, resolving disputes. These attorneys are called Settlement Counsel.
Through interactive discussion and role-play a panel of mediators, litigators, settlement counsel and in-house counsel will explore the pros and cons of this emerging practice area. Attend this program and learn the following about settlement counsel: What they do, how one becomes settlement counsel, when they should be used, how their presence affects the litigation, advantages or disadvantages of engaging settlement counsel, and ethical considerations. This program will be of interest to in-house counsel, litigators, mediators, and those interested in transitioning into this developing specialty.
Everything You Need to Know About Collaborative Law & Mediation-Arbitration (Med-Arb) and How They Can Enhance Your Law Practice (Original Live Program Date: 2/12/09)
The widespread trend away from expensive and protracted litigation has led to greater uses of settlement processes and techniques, including Collaborative Law and Med-Arb. Collaborative Law, a relatively new technique, is being increasingly used in family law disputes and Med-Arb, a "hybrid" combination of mediation and arbitration, is now being viewed with increasing favor as the length and costs of traditional arbitration is frequently compared with litigation. Attend this interactive program and learn what Collaborative Law and Med-Arb entail and the advantages and disadvantages of each. Also learn how to identify cases where they could be used effectively and how to use them. A panel of highly experienced practitioners including a leading collaborative law practitioner, a director of JAMS, a highly skilled mediator, arbitrator and trainer, and a long-time litigator who regularly uses both processes will share their experiences and explain why more and more clients and lawyers are turning to these two increasingly popular methods for settling disputes.
The Growing Trend of Mediating Medical Malpractice Cases What You Need to Know (Original Live Program Date: 1/23/08)
Time was, your malpractice case, if it settled at all, settled in the judge's chambers on the eve of trial or even later. No more! A growing number of malpractice cases are being submitted to mediation, to the advantage of plaintiff and defendant alike. Learn the intricacies of an aspect of the practice that you cannot afford to ignore. In this dramatic program, featuring a Supreme Court Justice, a certified mediator and prominent claims representatives, you will learn.
Becoming a Mediator & Building a Successful Practice
Are you interested in alternative dispute resolution and in learning how to build a mediation practice? This program will feature a mediation role play followed by analyses of the mediation process as compared with other alternative dispute resolution procedures, an explanation of the roles of the mediator, the parties, and attorneys and the various communication styles and techniques used. Experienced mediators from a variety of markets - court-annexed, community mediation centers, government, academia and the private sector - will discuss the latest developments in the profession and opportunities to train and mediate. The panelists and a marketing professional will discuss strategies to build and market a mediation practice.
Tax Controversies: Negotiating & Resolving Disputes with the IRS
This program is designed to provide lawyers, accountants, tax practitioners & taxpayers with a better understanding of the IRS examination process & useful strategies for resolving disputes with the IRS at the administrative stage. Some of the topics include current IRS priorities & initiatives relating to audits, how & why issues or taxpayers get selected for audit, responding to IRS requests for information, handling sensitive issues during an audit, the difference between civil & criminal tax issues & IRS mediation & arbitration programs.