Basic Mediation Training:
Conflict Resolution Theory & Techniques

Tuesday & Wednesday, February 26 & 27, 2019 &
Tuesday & Wednesday, March 5 & 6, 2019
9:00 a.m. – 5:00 p.m.

Lead Trainers:

Dina

Dina Jansenson
Senior Mediator/Arbitrator
JAMS

Carol

Carol B. Liebman
Clinical Professor
Columbia Law School

  • This four-day course on the theory and skills of basic mediation will cover essential techniques and procedures of mediation in lecture, exercises and small group role-plays. Topics to be covered include: getting the mediation process started, organizing the discussion, generating movement, overcoming barriers to an agreement, concluding the mediation and other practice issues. Certificates of completion will be issued at the conclusion of the program. This program is geared towards law school graduates and beyond who have an interest in learning to mediate but is also appropriate for non-lawyers.

    This course is approved under Part 146 by the New York State Unified Court System’s Office of ADR Programs and satisfies Part 146 requirements with at least 24 hours of basic mediation training. However, completion of the course does not guarantee acceptance onto the NYS court roster.

    Attendance at all four days of the program is required.

    Registration is limited; advanced registration is strongly advised.

    This program will not be taped. You have only one chance to see it – Live!

    Early Bird Price: $1595 Member | $1795 Nonmember (Must register by 1/15/19)
    Live Program: $1795 Member | $1995 Nonmember

  • Carol B. Liebman is a Clinical Professor and Director of the Clinical Program at Columbia Law School where she founded Mediation Clinic and directs the Negotiation Workshop. She has mediated cases involving medical malpractice, discrimination, family issues, public agencies, community disputes, business conflicts and educational institutions and is a nationally recognized speaker and trainer in conflict resolution. She has designed and presented mediation training for a variety of groups including the Certificate Program in Bioethics at Montefiore Medical Center, Albert Einstein College of Medicine; New York’s First Department, Appellate Division, Attorney Disciplinary Committee; the Association of the Bar of the City of New York; and high school students, parents and teachers and taught about negotiation and mediation in Vietnam, Israel, Brazil and China. In 2012 she received the Columbia University Presidential Award for Excellence in Teaching. Liebman is a former member of the New York City’s Civilian Complaint Review Board and of the Executive Committee of the Association of the Bar of the City of New York. She was co-principal investigator of the Mediating Suits against Hospitals (MeSH) project, and of the Demonstration Mediation and ADR Project, a part of the Project on Medical Liability in Pennsylvania, funded by the Pew Charitable Trusts. She is co-author of Mediating Bioethics Disputes: A Guide to Shaping Shared Solutions, Revised and Expanded Edition, 2011. 

    Dina R. Jansenson is a Senior Mediator and Arbitrator for JAMS, an international dispute resolution company. She has been an ADR professional for over 25 years and has resolved hundreds of complex disputes involving commercial, employment, constructions, franchise, professional liability, and international claims. In addition, Ms. Jansenson is a leading trainer of negotiation and conflict resolution techniques. She teaches negotiation at Columbia Law School and New York University School of Law, and has provided training in negotiation and mediation for corporations and organizations such as the United Nations, the United States Department of Justice, the United States Information Service, the Association of the Bar of the City of New York, and the Practicing Law Institute. Ms. Jansenson has also taught negotiation, mediation and conflict resolution abroad, including Spain, Italy, Mexico, Argentina, Chile and Colombia. She is former Of Counsel to the New York law firm of Flemming Zulack Williamson Zauderer LLP, in New York City, where she specialized in commercial litigation.

  • Tuesday, February 26

    9:00 a.m. – 10:30 a.m. Introduction and Overview

    • Theories of Conflict
    • The Negotiation Process
    10:30 a.m. – 10:40 a.m. Break
    10:40 a.m. – 12:30 p.m. Introduction to the Mediation Process

    • Exercise
    • Demonstration
    12:30 p.m. – 1:30 p.m. Lunch
    1:30 p.m. – 2:00 p.m. Demonstration Continued
    2:00 p.m. – 2:50 p.m. Beginning the Mediation
    2:50 p.m. – 3:00 p.m Break
    3:00 p.m. – 3:55 p.m. Gathering Information
    3:55 p.m. – 4:45 p.m. Role play # 1 – Jones v. Davis (This is a dispute between neighbors referred to mediation by the police.  Focus on establishing trust. Mediate through parties’ openings and beginning to ask clarifying questions.)
    4:45 p.m. – 5:00 p.m. Wrap Up

    Wednesday, February 27

    9:00 a.m. – 9:20 a.m. Building Trust
    9:20 a.m. – 10:45 a.m. Organizing the Discussion 

    • Identifying Interests
    • Identifying Issues
    • Recognizing and Acknowledging Feelings
    • Summarizing
    10:45 a.m. – 10:55 a.m. Break
    10:55 a.m. – 12:30 p.m. Role Play #2 – Lyons v. Fox (Chris Lyons went to the Brooklyn mediation center to request help with his/her complaint against Pat Fox, charging harassment and demanding money damages for lost earnings.  Fox and Lyons are former roommates.)
    12:30 p.m. – 1:30 p.m. Lunch
    1:30 p.m. – 3:10 p.m. Triggers

    Generating Movement

    • Hearing Proposals
    • Stroking
    • Silence
    • Caucusing
    • Role Reversals
    • Normalizing
    • Option Generation
    • Reality Testing
    • Focusing in the future
    • Asking Problem Solving Questions
    • Packaging
    • Recognizing opportunities for empowerment and recognition
    3:10 p.m. – 3:20 p.m. Break
     3:20 p.m. – 4:45 p.m. Role Play # 3 – Purple House (This is a dispute between a homeowner and the neighborhood association of a private development. The parties have agreed to have their dispute mediated at the community mediation center.)
    4:45 p.m. – 5:00 p.m. Wrap Up

    Tuesday, March 5

    9:00 a.m. – 9:30 a.m. Respecting the Parties’ Values and Cultures
    9:30 a.m. – 11:20 a.m. Becoming an Ethical Practitioner – Guest Lecturer

    Hon. Kathleen Roberts

    11:20 a.m. – 11:30 a.m. Break
    11:30 a.m. – 1:00 p.m. Role Play # 4 – Smith v. Updike (This is a dispute between partners in an accounting firm. They mutually agreed to try mediation.)
    1:00 p.m. – 2:00 p.m. Lunch
    2:00 p.m. – 3:25 p.m. Generating Movement Continued

    Concluding the Mediation

    • Reaching agreement
    • Testing the agreement
    • Bringing closure to session
    • Writing the agreement
    3:25 p.m. – 3:35 p.m.  Break
    3:35 p.m. – 4:50 p.m. Role Play # 5 – Fred v. Mary (This mediation is about custody issues between a husband and wife who are in the midst of a divorce.)
    4:50 p.m. – 5:00 p.m. Wrap up

    Wednesday, March 6

    9:00 a.m. – 10:30 a.m. Practice Issues

    • Dealing with lawyers and legal issues
    10:30 a.m. – 10:40 a.m. Break
    10:40 a.m. – 12:00 p.m. Overcoming Impasse – Barriers to Agreement
    12:00 p.m. – 12:30 p.m. Meetings Between Lawyers and Clients and Between Co-Mediators
    12:30 p.m. – 1:30 p.m. Lunch
    1:30 p.m. – 2:15 p.m. Getting Started Panel
    2:15 p.m. – 4:05 p.m. Role Play # 6 – Kleinman v. All American Glue (This is a commercial dispute. The parties and their lawyers will be attending the mediation.)
    4:05 p.m. – 4:15 p.m. Break
    4:15 p.m. – 4:30 p.m. Debrief Role Play with Lawyers
    4:30 p.m. – 5:00 p.m. Closing Session

  • CLE Credit:
    New York: 30.5 Total: 25.5 Skills, 3.0 Professional Practice, 2.0 Ethics
    New Jersey: 32.2 Total: 30.0 General, 2.2 Professional Responsibility
    California: 30.5 Total: 28.5 General, 2.0 Professional Responsibility
    Pennsylvania: 25.5 Total: 24.0 General, 1.5 Professional Responsibility

  • Sponsoring Association Committee:
    Alternative Dispute Resolution | Charles M. Newman, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Membership Outreach and Sponsorships Manager | (212) 382-6608 | aavila@nycbar.org
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