Pepperdine University School of Law

Straus Institute for Dispute Resolution

Mediating the Litigated Case

Seattle, Washington
September 11-13 and 25-27, 2008

*See MCLE information below for California and Washington State credit.

Bell Harbor International Conference Center

Register Here!

Two-thirds of the spaces in this program have been sold.

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 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 academic director of the Straus Institute and professor of law at Pepperdine University School of Law. 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). The longtime William L. Matthews Professor of Law at the University of Kentucky, 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 (Aspen 2005).

John Shaffer retired four years ago from an active civil trial practice. He spent two of the last four years as a Fellow and full-time student at the Straus Institute working on an LL.M. in dispute resolution, serving as well as an extern with a top settlement judge and as a full-time mediator with the Los Angeles Superior Court. He currently mediates and arbitrates cases in Washington State, serving both the legal and nonlegal communities. He also writes and teaches students and subjects relevant to his two careers. He can be reached at jcslaw1@aol.com.

Nina Meierding is a national leader in the field of conflict resolution and has been providing training and mediation services for over twenty two 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 both Pepperdine University and Southern Methodist 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). Nina has trained thousands of individuals in businesses, courts, school districts, governmental agencies, medical centers, corporations and universities throughout the United States and abroad.

Jim Craven is a lawyer and mediator from Spokane, Washington. He has been practicing law 34 years, cofounding the firm of Evans, Craven & Lackie in 1978. He has extensive experience in the mediation of complex disputes, having served clients throughout the Northwest since 1990. He has served on the construction and commercial panels of the American Arbitration Association, and is a member of the Washington Mediation Association. Craven was a trial lawyer for 25 years before becoming a full-time neutral. His trial practice emphasized complex construction, environmental, commercial, and personal injury litigation. He received his law degree from Gonzaga University and the certificate in dispute resolution from Pepperdine University. Craven recently completed a term as city attorney of Spokane.

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 August 24, 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

CALIFORNIA- 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 MCLE credit across the nation. 
WASHINGTON - These activities have been approved for 38.5 hours of MCLE credit by the Washington State Bar Association, including two hours of ethics.
OREGON - These activities have been approved for 40.75 hours of MCLE credit by the Oregon State Bar Association, including one hour of elimination of bias.

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

Bell Harbor International Conference Center, 2211 Alaskan Way, Seattle, WA 98121. Classes are conducted between 8:30 am. and 5:00 pm.

Questions may be directed to Joanna Reese joanna.reese@pepperdine.edu or call 310.506.6828.

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