Mediating the Litigated Case™
February 5-7, and February 19-21, 2015
View the Mediating the Litigated Case Flier
This program is sold out! Please register to be on the waiting list.
Mediating the Litigated Case is a six day training program.
Program takes place on Thursday, Friday, Saturday of each week.
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
- Mixed-Motive Exchange in Consensus Processes
- The Predictability of Distributive Bargaining
- Opening Offer Strategies
- Facilitating Distributive Bargaining
- The Integrative Approach to Negotiation
- Focusing on "Interests" Not Issues
- How to Discover Underlying Interests
- Creativity in Negotiation
- Facilitating Integrative Bargaining
- 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
- Reframing and Broadening the 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
- Concluding a Mediation That Doesn't Settle
- Agreement to Mediate
- Fairness and Neutrality
- Attorney Advocates in Mediation
- Emotions in Mediation
- Bias and Cross-Cultural Awareness
- Multi-Party/Multi-Issue Mediation
- Ethical Standards for Mediators
- Med/Arb and Arb/Med
- Power Imbalances
- 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
-- George D. Calkins, JAMS Los Angeles (formerly with Cox Castle and Nicholson, LLP)
A Distinctive Faculty (Faculty members vary from program to program)
Peter Robinson is co-director of the Straus Institute for Dispute Resolution and professor of law at Pepperdine University School of Law. He has presented advanced negotiation and mediation skills courses in more than 39 states and foreign countries. He has served on the boards of the Christian Conciliation Service of Los Angeles, Ventura Center for Dispute Settlement, Dispute Resolution Services of the LACBA, Southern California Mediation Association, and California Dispute Resolution Council. He is a Fellow of the International Academy of Mediators, a member of the American College of Civil Trial Mediators, and was recognized as a Southern California Super Lawyer in the area of mediation in 2006.
Thomas Stipanowich is the William H. Webster Chair in Dispute Resolution and professor of law at Pepperdine School of Law. He is also the academic director of the Straus Institute. Stipanowich brings a long and distinguished career as a scholar, teacher, and leader in the field along with wide-ranging experience as a commercial and construction mediator, arbitrator, federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the International Institute for Conflict Prevention & Resolution (CPR Institute). He has authored two of the leading books on commercial arbitration and many articles on ADR. Recently he coauthored a groundbreaking book and materials entitled Resolving Disputes: Theory, Practice, and Law.
Nina Meierding, a former civil attorney, has been a national leader in the field of conflict resolution, training thousands of individuals in businesses, courts, school districts, governmental agencies, medical centers, corporations, and universities throughout the United States and abroad for almost 30 years. She has been an adjunct professor at Pepperdine University School of Law for over 20 years and Southern Methodist University for over 15 years and has taught at many other universities, as well as the National Judicial College and the California Judicial College. She is a former president of the Academy of Family Mediators and served on the board of directors of the Association for Conflict Resolution and many other organizations. She was the director and senior mediator at the Mediation Center in Ventura, California, from 1985 to 2007 where she mediated over 4,000 disputes and is currently the mediation partner and consultant for the Wisconsin Special Education Mediation System (WSEMS).
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 associate director for the Harvard-MIT Public Disputes Program in the early 1980s, and after practicing law at Arnold & Porter in Washington, D.C, joined the pioneering ADR firm, Endispute, Inc., (which later merged with JAMS). The breadth of her practice is extraordinarily broad, and includes complex commercial, entertainment, intellectual property, insurance, mass accidents, public policy and health care, 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, universities, nonprofits and corporations in the United States, Asia, Latin America, and the Middle East.
Alexander H. Williams III is a mediator, arbitrator and discovery referee in private practice with ADR Services,
Inc. in Los Angeles. He served as a judge of the Los Angeles Superior Court from 1984
to 2008. He presided for 8 years in a felony criminal trial department and for another
13 years in a general jurisdiction civil trial department, handling thousands of cases
and conducting hundreds of court and jury trials. A trained mediator, he spent his
final three years presiding over a full-time settlement court, where he daily conducted
settlement conferences and settled hundreds of cases. Williams was the chair of the
Judicial Education Subcommittee of the Court's Alternative Dispute Resolution Committee.
Before taking the bench, he served as a police officer, Navy judge advocate, and federal
Tim Pownall is an assistant director of the Straus Institute for Dispute Resolution, the director of the PACIS PROJECT in Faith-Based Diplomacy, and adjunct professor at the Straus Institute. He is also the executive director and member of the board of directors of the Center for Conflict Resolution, a Los Angeles based non-profit NGO, and the largest provider of pro bono, Small Claims mediations for the Los Angeles Superior Court. Pownall formerly held senior executive positions with Judicial Arbitration and Mediation Services, Inc. (JAMS), the Follett Corporation (Chicago), and Barnes & Noble, Inc. (New York). He started and grew a successful national facilities management company before selling his interest in the company and joining the Straus Institute team in 1994. Pownall manages a successful private mediation practice since 1996, and has conducted more than one hundred mediation and reconciliation interventions with faith-based clients.
The Honorable Matthew P. Guasco is a judge of the Superior Court, County of Ventura, California. A former civil trial and appellate litigator, he also enjoyed a successful career as a mediator and arbitrator with Judicate West in Los Angeles before being appointed to the bench in December 2011. During his ADR career, he mediated and arbitrated a wide variety of disputes, including business and commercial, employment, major personal injury, real estate, and probate and trust matters. Guasco is an adjunct professor at the Pepperdine University School of Law, Straus Institute for Dispute Resolution, where he has taught negotiation and mediation theory and practice courses at the Malibu campus, throughout the United States, and abroad. He and professor and Straus managing director Peter Robinson are the coauthors of Principles of Negotiation (Entrepreneur Press/McGraw Hill, 2007).
John Lowry is the assistant dean of the Lipscomb University College of Business in Nashville, Tennessee, and founder of the college's School of Executive Education. In addition, he serves as assistant professor of management for Lipscomb University's College of Business, where he teaches negotiation and dispute resolution courses. Lowry also serves as vice president for the Strategic Resolutions Group, LLC (SRG). At SRG, he provides negotiation, mediation, and conflict management training for major insurance companies, health care organizations, and legal services providers. Prior to moving to Nashville, Lowry practiced law with Strasburger & Price, LLP in Dallas, Texas. As an attorney, he represented hospitals and health care providers in professional liability and commercial disputes. He has also served as a California State Assembly Fellow and worked in the law department of Tenet Healthcare Corporation.
Registration for Mediating the Litigated Case is $2,695. The governmental and non-profit rate is $1,195. PLEASE NOTE!!! $500 of the registration will not be refunded upon cancellation. Refunds for registrations 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.
Registration 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 registration, less the $500 non-refundable deposit, will be refunded or a substitute may attend the program.
PLEASE NOTE: There is a $50 administrative fee for transferring to another program. When canceling, we require 72 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 CLE 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.
Location and Times
Irvine program will take place at the Pepperdine University Orange County Center at 18111 Von Karman
Ave., Irvine, California 92612.
Classes are conducted between 8:30 am. and 5:00 pm.
Irvine Hotel List
Questions may be directed to Lori Rushford firstname.lastname@example.org