Pepperdine University School of Law

Straus Institute for Dispute Resolution

Mediating the Litigated Case

Irvine, California

January 22-24 and February 26-28, 2009

Register Now - this program sells out each year, register early to assure your space

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 voluntary or mandatory settlement conferences with sitting or retired judges in which the focus is almost exclusively 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 trial 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. Finally, this unique program offers participants opportunities to observe and mediate disputes and share those experiences during the advanced segment of the program.

Program Topics and Schedule

Day 1

Day 2

Day 3

Day 4

Day 5

Day 6

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, Cox Castle and Nicholson, LLP

A Distinctive Faculty

Peter Robinson is the managing director of the Straus Institute for Dispute Resolution and an assistant professor of law at Pepperdine where he teaches Negotiation, ADR Processes, and Mediation. Robinson has worked as an attorney for the U.S. Government and as the director of one of thirteen community dispute resolution centers in Los Angeles. He has mediated over 300 legal disputes and presented advanced negotiation and mediation skills training courses in Israel, Argentina, India, The Netherlands, and throughout the United States.

Matthew P. Guasco is a mediator, arbitrator, appellate attorney, and dispute resolution educator. Since 1998 he has mediated and arbitrated over 700 disputes, including complex litigation, commercial, employment, major personal injury, real estate, and probate matters throughout California. Mr. Guasco is an adjunct professor at the Pepperdine University School of Law, Straus Institute for Dispute Resolution, where he teaches the Mediation Seminar. He is a founder and Chair of the ADR Section of the Ventura County Bar Association, and he is a frequent lecturer and author on the subjects of negotiation and mediation.

Jeffrey Krivis is a full time mediator and arbitrator and is an adjunct professor at Pepperdine University School of Law where he directs the Mediating the Litigated Case program and the Dispute Resolution Clinic. As a practitioner, he mediates complex employment, catastrophic injury, securities, and insurance cases. He is the executive director of the California Academy of Mediation Professionals, past president of the Southern California Mediation Association, and serves on the board of directors of the International Academy of Mediators and the California Dispute Resolution Council. He has published numerous articles on dispute resolution.

Nina Meierding has been the director and senior mediator of the Mediation Center for Family Law in Ventura since 1985, and has mediated over 3,000 disputes. She is an adjunct professor at Pepperdine University School of Law and Southern Methodist University. Meierding has held seminars in England, Ireland, Sweden, Scotland, India, and throughout the U.S. In addition, she was a co-founder and president of the board of directors of the Ventura Center for Dispute Settlement. She has served as the president of the board of directors of the Academy of Family Mediators, and was on the board of directors of the Association for Conflict Resolution.

 

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.

 

Tuition

Tuition for Mediating the Litigated Case is $1995 - a non-refundable deposit of $500 is required at registration. The governmental and non-profit rate is $1295 - a non-refundable deposit of $400 is requested at registration. Final payment is due December 19, 2008. 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, or canceling after your final payment. When canceling, we require 48 hours of notice prior to the program start date or there will be an additional $50 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 Orange County Center at 18111 Von Karman Ave., Irvine, California 92612. Classes are conducted between 8:30 am. and 5:00 pm.

Questions may be directed to Joanna Reese joanna.reese@pepperdine.edu

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