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Mediating the Litigated Case

Malibu, California

August 4-9, 2014

A six day training program, Monday through
Saturday, 8:30 a.m. to 5:00 p.m.


Register Now

View the Mediating the Litigated Case flier

From 2005 to 2013, this program has sold out entirely through web site registrations, without advertising the program!  Register early!

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

Day 1
  • 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
Day 2
  • 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
Day 3
  • 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
  • Validation
Day 4
  • Techniques to Facilitate Closing the Deal
  • How to Present Risks and Costs
  • Ethics and Bullying
  • Mediator Timing When Facilitating Closure
  • Effective Agreement Drafting
  • Convening
  • Agreement to Mediation
  • Confidentiality
Day 5
  • Emotions in Mediation
  • Bias Awareness
  • Multi-Party/Multi-Issue Mediation
  • Attorney Advocates in Mediation
  • Faculty Demonstration
  • Fairness and Neutrality
Day 6
  • 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
(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, andwas 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 consultant for the Wisconsin Special Education Mediation System (WSEMS).

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.

Jeffrey Krivis is the author of two books: Improvisational Negotiation: A Mediator's Stories of Conflict About Love, Money, Anger - and the Strategies that Resolved and How to Make Money as a Mediator (and Create Value For Everyone)(Wiley/Jossey-Bass 2006). Krivis is past president of both the International Academy of Mediators and the Southern California Mediation Association. The Los Angeles Daily Journal legal newspaper named him one of the Top 20 Neutrals in the state, and he continues to appear as a selected neutral for the Super Lawyer and Best Lawyers in America publications.

Tim Pownall is the 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.

Alexander H. Williams III is a mediator, arbitrator, and discovery referee with ADR Services, Inc., and an adjunct professor at the Straus Institute for Dispute Resolution.  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 prosecutor.

Tuition

Tuition for Mediating the Litigated Case is $2,495.  The governmental and non-profit rate is $1,795.

The governmental/nonprofit rate is for FULL-TIME employees only. Please be sure to list your governmental/non-profit address and email on the registration form. You are agreeing that we may contact your employer to verify full-time employment.

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.

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 $500 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 $100 food service fee deducted.

MCLE

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.

Guarantee

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.

Tax Deduction

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

All programs will be conducted at Pepperdine University School of Law, 24255 Pacific Coast Highway Malibu, CA 90063. Driving directions and maps are available at http://www.pepperdine.edu/welcome/locations/malibu. Classes are conducted between 8:30 am. and 5:00 pm.

Please contact Lori Rushford at (310) 506-6342 or for more information.