fb pixel fb conversion Mediating the Litigated Case™ | Straus Institute for Dispute Resolution | School of Law | Pepperdine University

Mediating the Litigated Case™


Brazil

Rio de Janeiro, Brazil   

November 9 - 13, 2015

*Simultaneous translation service, English/Portuguese

In partnership with

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A sophisticated five-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.

Versão em Português

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" 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
  • Power Imbalances
  • 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
  • Ethical Standards for Mediators
  • Med/Arb & Arb/Med
  • Ethics and Bullying
  • Fairness and Neutrality

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

Registration

Registration for Mediating the Litigated Case is $3000.

PLEASE NOTE!!! $500 of the registration will not be refunded upon cancellation. Refunds for registrations 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.

Registration includes all materials and snacks. Since enrollment is limited, participants should register early. Should a paid participant be unable to attend registration, less the $500 non-refundable deposit, will be refunded or a substitute may attend the program.

PLEASE NOTE: There is a $50 administrative fee for transferring to another program. 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.

Faculty

Peter Robinson

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 and was recognized as a Southern California Super Lawyer in the area of mediation in 2006.

Alexander H. Williams III

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.

Marcelo Rosadilla

Marcelo Rosadilla has extensive experience in handling complex, multiparty cases in the field of corporate, contractual, family and civil law. He opened his first law firm in 1992 along with two other law school colleagues. He has taught Commercial Law (Corporate, Contractual, IP, etc) to lawyers who wanted to undertake exams for judicial and governmental positions. As a Brazilian corporate and civil attorney, he practiced law for over 15 years before moving to California to work with several law firms in a legal-support company handling diverse types of cases from malpractice to insurance and workers comp. He is a graduate from the School of Law at the Universidade do Vale do Rio dos Sinos in Brazil, and later received his LLM in Dispute Resolution from the Straus Institute in 2010. He has since then, been committed to help reshape the world through ADR and peacemaking. He currently works at the Straus Institute as a Program Administrator helping foreign attorneys who want to come to Pepperdine for their LLM in Dispute Resolution, as well as teaching as an Adjunct Professor in the LLM program.

MCLE

These activities have been approved for 40 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 CLE credit across the nation.

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, Program Times and Hotels

Location

Escola Judicial do TRT da 1ª Região
Av. Presidente Antônio Carlos, nº 251, Centro, Rio de Janeiro, RJ, Brazil

Times

Schedule: 8:30 am - 5:30 pm.

Questions may be directed to Marcelo Rosadilla: marcelo.rosadilla@pepperdine.edu

Hotels

Rio de Janeiro Hotel List