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Pepperdine | Caruso School of Law

Mediating the Litigated Case™

Mediation, Dispute Resolution, and Negotiation Trainings for Attorneys, Judges, and Practitioners

A sophisticated 40-hour mediation training program, Mediating the Litigated Case (MLC), is geared for experienced mediators, as well as litigators, in-house counsel, HR professionals and judiciary who want to expand their practice to mediation. Consistently recognized globally as the top mediation training, over 10,000 people from 44 states and 32 countries have participated in the MLC program. Approved for 37.5 Hours of CLE Credit.

 

Program Features

  • Designed for lawyers and judiciary who either want to develop a mediation practice or understand the process dynamics to better represent their clients in mediations, and current mediators who want to elevate their practice and/or expand it to litigated cases.
  • Explores sophisticated mediation strategies, theoretical frameworks, and nuanced interventions used in high-level practice.
  • Teaching examples cover the full range of mediation contexts, from dissolution to mediating complex litigation.
  • Provides training in identifying and working with diverse negotiation styles, the psychology of decision-making, and managing impasse.
  • Addresses issues specific to attorney-mediators: confidentiality parameters, managing attorney advocates, conflicts of interest, ethical dilemmas, and drafting mediation agreements.
  • Approved for 37.5 CLE credits from the CA Bar. Has been accepted in multiple bars across the country. This course meets all requirements for the California Dispute Resolution Programs Act (DRPA) Mediator certification.

Schedule

Day 1

  • 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

Day 2

  • 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

Day 3

  • 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
  • Validation

Day 4

  • 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
  • Convening
  • Agreement to Mediate

Day 5

  • Fairness and Neutrality
  • Attorney Advocates in Mediation
  • Emotions in Mediation
  • Bias and Cross-Cultural Awareness
  • Multi-Party/Multi-Issue Mediation

 


 

Learn More about Mediating the Litigated Case

This mediation training 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 a 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.

Beyond developing core mediation skills, MLC addresses the real-world challenges mediators face in litigated disputes. Participants will explore how to work effectively with attorney advocates, navigate confidentiality and discovery issues, and handle the ethical considerations that arise in practice. Discussions include conflicts of interest, avoiding dual representation, the limits of providing legal advice, drafting mediation agreements, and other common ethical dilemmas.  

 

 

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Discover What Makes MLC Trainings Different

Hear from students and faculty about what sets this program apart.

 

 

#1

Top-ranked for dispute reoslution in the U.S. 16 of the last 21 years (USNWR).

44

States represented in previous trainings.

32

Countries represented in previous trainings.

#1

More students have chosen our dispute resolution programs than any other institution in the U.S.

 

What Our Community is Saying

 

 
This program was the best educational and professional experience I have ever had! The faculty are stellar, providing a curriculum that is instructive, practical and inspiring.

Cynthia Yount

 
This program exceeded all expectations, from the professors to the curriculum to the practical aspects of the business of mediation. It lived up to its reputation as the Gold Star standard in mediation conferences.

Traci L

 
I learned so much about the philosophy and techniques of mediation, and I also had multiple opportunities to practice it in mock sessions. It was a very worthwhile program and I recommended it to anyone considering a career in mediation.

Scott Edelman, Partner/Gibson,Dunn & Krutcher

 
The faculty and instruction were of the highest calibre and I felt immediately able to put this instruction into practice both as a mediator and a mediation advocate. I highly recommend it.

Laura Mensch

 

 Refund Policy

  • Full refund for cancellations made more than 6 months before the program start date.
  • 50% refund for cancellations made between 6 months and 2 months prior to the start date.
  • No refunds for cancellations made within 2 months of the start date.

If you are unable to attend, you may transfer your registration to a future training within 6 months for a $250 administrative fee.

 MCLE

These activities have been approved for 37.5 hours of MCLE credit by the State Bar of California including two hours of ethics. Pepperdine University Caruso 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. Participants from outside of California should submit the California MCLE form to their state bar for approval after the mediation program is completed.  Straus programs have been accepted for MCLE credit across the nation.

OUT OF STATE MCLE CREDIT: For participants outside California, please confirm with your state bar what additional documentation you will need to receive credit.

 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 and course materials costs) may be deductible if they improve or maintain professional skills. Treas. Reg. Sec. I 162-5.

 Location and Times

Location

Pepperdine University Caruso School of Law
24255 Pacific Coast Highway, Malibu, CA 90263


Schedule

The program will take place consecutively Monday through Friday from 8:00 am - 5:00 pm.  (PST). 

For additional information please contact the Straus Events Team at straustrainingandevents@pepperdine.edu

 



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Contact Us

Straus Institute for Dispute Resolution
Straustrainingandevents@pepperdine.edu