Schedule and Faculty

Schedule times listed below are for the live seminar. Times for replays may differ due to varied start times and abbreviated lunch and break periods. Please refer to the DATES/LOCATION tab for individual replay start times.

8:30 – 8:45 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:45 – 9:00 a.m.

WELCOME & INTRODUCTION

9:00 – 10:15 a.m.

KEYNOTE PRESENTATION

 

Grieving over Settlement: The Impact of Loss in Mediation

The story of mediation is one of success, allowing parties escape from intractable disputes, often with value-creating deals. But this story obscures an underlying reality: Many, perhaps most, litigants experience the process of settlement as a loss. Perceptions of losing powerfully distort parties’ decision making, generate feelings strikingly similar to those observed in terminally ill patients, and provoke behaviors similar to adversarial bargainers. This workshop explores why perceptions of loss are so strong, how they can derail the bargaining process, and what mediators can do to respond to them.

– Dwight Golann

10:15 – 10:30 a.m.

BREAK

10:30 – 11:45 a.m.

BREAKOUT SESSION A

 

101

Mediation Basics: Your First Mediation

Have you completed the 30-hour mediation training, but haven’t mediated a case yet? Have you mediated a few cases, but still want a refresher on the basics? Experienced mediator Susan Mainzer reviews important steps in preparing for mediation, discusses process considerations and principles to keep in mind during mediation, and offers valuable tips for closing the mediation and completing postmediation paperwork. Most importantly, she will answer your questions about any stage of the mediation process.

– Susan D. Mainzer

 

102

In-House Perspectives on ADR: What We Want from the Process and the Neutral

The impact of ADR is broad with ramifications that affect organizations and corporations. On the frontline of these institutions are in-house counsel. Have you ever wondered what in-house counsel thought about the usefulness of ADR for the legal support of their organization? This unique discussion will give you the opportunity to hear an esteemed panel of veteran in-house lawyers share their likes, dislikes, and priorities when engaging in ADR.

– Jeffery S. Brockmann, Jen Dellmuth & Laurie A. Olson

– David J. Lauth, moderator

 

103

Mediation Ethics: Caucus Conundrums

1.25 ethics credit applied for

Mediation often involves the use of caucus or separate meetings with different parties. In fact, some parties never see each other during the entire process. What are the ethical issues that can arise when working with parties in mediation who never meet? Join mediators and trainers for a discussion of the ethical considerations that may come into play in the caucused mediation. Standards addressed will include: impartiality, confidentiality, conflicts of interest, quality of the process, working with pro se parties, and self-determination.

– Leslie Sinner McEvoy & Linda Mealey-Lohmann

 

104

The Top 10 Mistakes Family Law Mediators Make – and How to Avoid Them

A panel of seasoned family law mediators will discuss mistakes they have encountered in their careers, including: misstated agreements, confidential information leaks, bias towards one party, failure to screen for domestic abuse or coercive control issues, assuming “this will be an easy one” and more. Learn how to correct a deal-busting mistake, and how to effectively avoid future errors.

– Michael C. Black, Dana McKenzie & Kristin Woulfe

– Marty Swaden, moderator

11:45 a.m. – 1:00 p.m.

INSTITUTE LUNCHEON (Lunch provided)

12:15 – 12:45 p.m.

SPECIAL LUNCHEON PRESENTATION

 

Now What?!

– Madge Thorsen

1:00 – 2:15 p.m.

BREAKOUT SESSION B

 

201

2019 Arbitration Update: Key Developments in the Past Year

A review of case law developments affecting arbitration and the practical implications for advocates and arbitrators.

– Liz Kramer

 

202

Elimination of Bias: Religion and Politics – Mediating Values-Based Disputes

1.25 elimination of bias credit applied for

Discussions about politics and religion often devolve into passionate – and sometimes fraught – discourse. “Values-Based” or “Identity-Based” disputes can seem unresolvable and polarizing. As a mediator, these disputes can be even more challenging when we hold an opinion that threatens our impartiality. Through the use of core ADR practices, such as interest identification and reframing, mediators (and attorney representatives too) can foster mutual understanding and resolution between parties with differing points of view. Join our co-presenters for a review of best practices for dispute-resolvers in situations where values or identity play a significant role.

– Elise M. Chambers & Alexander S. Glassman

 

203

The Parties Don’t Want to Hold a Joint Session... What’s Your Plan B?

Increasingly lawyers tell mediators that their clients (or perhaps the advocates themselves) don’t want a substantive joint session. They might agree to just a “meet and greet,” they say, but it cannot include discussing the actual dispute – and if the mediator insists, they’ll find someone else. This session explores why this is happening and why we care, then focuses on the difficult question: How can we develop substitutes, workarounds, and even maneuvers to achieve the benefits of a joint session when parties won’t agree to talk directly with each other.

– Dwight Golann

 

204

Serving Incompetent Clients in the Family Law ADR Process

1.25 ethics credit applied for

What should an attorney do if they learn (or suspect) that their client is lacking in mental capacity? Is the ADR process appropriate? What are the ethical obligations of the attorney? When should you seek an appointment of a guardian ad litem? These questions, plus more, will be answered in this informative session.

– Kathryn A. Graves, Amy M. Halloran & Lisa Watson Cyr

– Katie Kelley, moderator

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

BREAKOUT SESSION C

 

301

Playing with Fire: The Challenges of Mediating Sexual Harassment and Gender Discrimination Claims in the #MeToo and #TimesUp Culture

The seismic and public reckoning that has unfolded in the aftermath of the Harvey Weinstein fallout is ushering in a new world order for the workplace. Where employees have initiated legal claims (or demand letters) against their employer alleging sexual harassment or gender discrimination, unique challenges lie ahead when parties consider mediating such disputes. This esteemed panel will dive into this hot topic with cogent and timely insights. This presentation is a highly interactive intermediate level session that is specifically designed for plaintiff/defense employment counsel, in-house counsel, and mediators.

– Frances E. Baillon, Ann M. Clowser, Mary M. Krakow & Magistrate Judge Hildy Bowbeer

– Antone Melton-Meaux, moderator

 

302

Elimination of Bias: Mediating with LGBT Parties

1.0 elimination of bias credit applied for

Individuals from the LGBT community, like those in other marginalized groups, may be wary of using ADR processes based on concerns about whether the neutral, the lawyers, or the other parties will be culturally competent and whether the process can be truly fair. In this presentation, presenters Celeste Culberth and Martin Ho will discuss their experiences from all sides of the process, working with gay and transgender parties to make sure that they can fully participate in and benefit from the transformative possibilities of mediation.

– Celeste E. Culberth & Martin B. Ho

 

303

Strategies and Considerations for the Active Mediator

The panelists will discuss techniques, such as mediator’s proposals, use of ranges and evaluative feedback, employed by active mediators. They will also discuss ethical and fairness issues that may arise in active mediations.

– Judge Kathleen R. Gearin (ret.), Gregory M. Weyandt & Magistrate Judge Elizabeth Cowan Wright

– Magistrate Judge Arthur J. Boylan (ret.), moderator

 

304

Appointing, Maintaining, and Removing a Parenting Consultant

This experienced panel will discuss how to find an appropriate parenting consultant (PC), how to keep the professional engaged in an affordable manner, how to manage communication with the PC, and situations when a PC may not be appropriate. Learn what to do if a PC is no longer able to serve the parties, due to lack of payment, perceived bias, or refusal of a party to communicate in the process, and the ethical obligations involved.

– Valerie D. Arnold, Jennifer E. Joseph, Andrea Niemi & Matthew Shore

3:30 – 4:00 p.m.

Reception Break

Enjoy tasty snacks and refreshments while you network and relax with your colleagues.

4:00 – 4:45 p.m.

Fly on the Wall: Videos of Diverse Mediator Styles

It’s a lonely profession... Have you ever wondered how other mediators do their work? We’ve filmed leading mediators from North America, Asia, Europe and Africa. Their styles, as you’ll see, vary too widely to fit comfortably into a “Riskin Grid”; in fact, they often move from one approach to another in a single session. You’ll observe how these mediators modify formats, tactics, emotions and body language as they move recalcitrant parties toward settlement. We’ll stop the videos every few minutes, to ask the audience to discuss what they’re seeing and how they might deal with the situation.

– Dwight Golann