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View the Mediating the Litigated Case flier
From 2005 to 2011, 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.
"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
Peter Robinson is managing director of the Straus Institute for Dispute Resolution and associate professor 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 is a national leader in the field of conflict resolution and has been providing training and mediation services for over twenty three years. She is a former president of the Academy of Family Mediators and served on the Board of Directors of the Association of Conflict Resolution and many other organizations. She is an adjunct professor at Pepperdine University, Southern Methodist University and Lipscomb University. She was the director and senior mediator at the Mediation Center for Family Law in Ventura, California from 1985-2007 where she mediated over 4,000 disputes. She is a consultant for the Wisconsin Special Education Mediation System (WSEMS). Meierding has trained thousands of individuals in businesses, courts, school districts, governmental agencies, medical centers, corporations and universities throughout the United States and abroad.
Matthew P. Guasco is a former civil trial and appellate litigator with over 25 years experience. He is currently a full-time mediator and arbitrator with Judicate West in Los Angeles. Since 1998 he has 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 Pepperdine University School of Law, Straus Institute for Dispute Resolution, where he teaches negotiation and mediation theory and practice courses. He also teaches throughout the United States and abroad. He is the lead author of Principles of Negotiation (Entrepreneur Press/McGraw Hill 2007).
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.
Denise R. Madigan is with ADR Services, Inc., in Los Angeles, and was formerly with JAMS for 10 years and with the Harvard-MIT Public Disputes Program. Madigan received her JD from Harvard Law School and has extensive experience mediating a wide range of litigation and public policy cases nationwide. Areas in which she has mediated include complex commercial, intellectual property, high technology, financial, and many others. Madigan also teaches mediation as an adjunct professor at Pepperdine School of Law, and is a regular lecturer at the City University of Hong Kong School of Law, and for the California Judicial Council.
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 $2,195 - a non-refundable deposit of $200 is required at registration. The governmental and non-profit rate is $1495 - a non-refundable deposit of $200 is required at registration.
PLEASE NOTE!! We anticipate this program will sell out. In order to keep your space, you must make final payment by Monday, July, 9, 2012. If you miss this deadline, you will be placed first on the wait list.
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 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 notice by Thursday, August 2, at 5:00 p.m. 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.
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.
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 lori.rushford@pepperdine.edu for more information.
Bob Cardwell (JD '78) completed 10 New York City Marathons to raise funds for pediatric cancer research at Memorial Sloan-Kettering Cancer Center.
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