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Pepperdine | Law

Mediating the Litigated Case™ 2018

Malibu

Malibu, California

July 16 - 21, 2018

A six-day training program,       

Monday through Friday:

8:30 a.m. to 5:00 p.m.

Saturday:  8:30 a.m to 3:30 p.m.

Malibu, California


DID YOU KNOW:

Since 2000 over 3,400 people have participated in the

Mediating the Litigated Case training program and have

included participants from 44 states and 32 countries.


 

We recommend using google chrome web browser for registration.

 

View the Mediating the Litigated Case flier.

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.

Program Topics and 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

Day 6

  • Ethical Standards for Mediators
  • Confidentiality
  • Med/Arb and Arb/Med
  • Power Imbalances
  • Malpractice Liability and Insurance
  • Licensure and Regulation
  • Tips on Building a Mediation Practice

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 $3,795. The governmental and non-profit rate is $3,095.

The governmental/nonprofit rate is for FULL-TIME employees only. Please be sure to list your governmental/company address and email on the registration form. You are agreeing that we may contact your employer to verify full-time employment.

PLEASE NOTE!!!  Should a paid participant be unable to attend, the registration payment, less a $500 cancellation fee, will be refunded or a substitute may attend the program.   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, a continental breakfast, and lunch each day. Since enrollment is limited, participants should register early. Should a paid participant be unable to attend, the registration, less $500, 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 notice by Wednesday, July 11, 2018 or there will be an additional $50 food service fee deducted.

Faculty

(Faculty members listed below are confirmed. However, due to illness or unavoidable conflict, we reserve the right to substitute faculty.)

Sukhsimranjit Singh (Lead Trainer) practices, teaches and trains in dispute resolution. He is the managing director of the Straus Institute for Dispute Resolution and assistant professor of law and practice at Pepperdine Law. He specializes in cross-cultural dispute resolution and has published numerous articles in that field, and in 2015 he delivered TED Talk on Cross-Cultural Communications in Salem, Oregon. He has mediated inter-cultural and commercial cases in the United States, India and Canada. An Honorary Fellow with the International Academy of Mediators, he is also a Council Member of the Section of Dispute Resolution of the American Bar Association. He has trained lawyers and law students in more than twenty states and twelve countries. He is an honorary professor of law at National Law University, Delhi. Singh obtained his Masters in Laws in Dispute Resolution from University of Missouri Columbia and was a Fellow at the Dispute Resolution Institute at Hamline University School of Law and has clerked with Chief Justice of India. An avid reader and an amateur photographer, he loves to travel with his family. He is passionate for music, sports, and interacting with new cultures.

Denise R. Madigan has been mediating full-time for over 20 years.  She entered the field in the early 1980s as associate director for the Harvard-MIT Public Disputes Program at the Program on Negotiation at Harvard Law School.  After practicing law at Arnold & Porter in Washington, D.C., she joined the pioneering ADR firm, Endispute, Inc., which later merged with JAMS.   Her mediation practice is extraordinarily broad, and includes complex commercial, entertainment, intellectual property, insurance, mass accidents, public entity, and healthcare disputes, among others.  In addition to her full-time mediation practice, Madigan has been an adjunct professor at the Straus Institute since 1996.  She has designed and/or taught hundreds of tailored negotiation, mediation and other ADR courses for courts, law firms, government agencies, universities, nonprofits, and corporations in the United States, Asia, Latin America, and the Middle East.  Madigan graduated with honors from Harvard Law School – where she served on the Harvard Law Review – and with a master's degree in public policy from the Kennedy School of Government at Harvard University.  Madigan now mediates through MadiganADR, based in Los Angeles.

Alexander H. Williams III is a mediator, arbitrator and discovery referee in private practice with ADR Services, Inc. in Los Angeles.  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.

Rebecca Callahan is an independent neutral who provides private mediation and arbitration services. Callahan received her law degree from Boalt Hall at the University of California / Berkeley and her undergraduate degree from the University of Southern California. She also has an LLM in Alternative Dispute Resolution from the Straus Institute at Pepperdine University School of Law. Callahan speaks and writes frequently on various ADR topics and is currently chairing a program on insolvency issues in mediation, which will be presented at the ABA Dispute Resolution Section's 2011 Spring Conference in Denver, Colorado.

Steve Rottman is one of California's most requested mediators of commercial disputes.  Rottman is an honors graduate of Harvard Law School and a summa cum laude graduate of Duke University.  He spent 20 years as a trial lawyer before committing himself full-time to mediation. The Los Angeles Daily Journal named him one of the "top 50 neutrals in the state," and he has been consistently recognized by Best Lawyers in America and the Super Lawyers publications as both a trial lawyer and a mediator. He lectures and trains mediators across the country and serves as an adjunct professor at the Straus Institute for Dispute Resolution, where he teaches Advanced Mediation.  He is a Distinguished Fellow of the International Academy of Mediators, an avid whitewater kayaker, and the proud father of two strong-willed daughters.

Stacie Feldman Hausner is a mediator who works with individuals and businesses. She has worked extensively for the Los Angeles Superior Court, Department of Consumer and Business Affairs, the Department of Fair Employment and Housing, and the Center for Conflict Resolution, mediating commercial, landlord-tenant, personal injury, discrimination, contract and employment disputes. Hausner also has a private mediation practice and is a member of the Southern California Mediation Association. Prior to becoming a mediator, she worked as an attorney representing both plaintiffs and defendants in a commercial litigation and personal injury practice. She obtained her JD in 1996 from Boston University School of Law, where she graduated magna cum laude and served as Executive Editor of the Law Review. Hausner also has received her LLM in Dispute Resolution from the Straus Institute at Pepperdine University School of Law.

Darryl Darden   Lieutenant Colonel Darden honorably served the United States Army and National Guard for 33 years. During his service he was involved in several combat operations overseas as an Infantry Commander. He received several citations during Operation Desert Storm to include the Bronze Star. He developed the Army Diversity Program communication strategy. LTC Darden launched a well- received program of professional development courses, which focus on team building using diversity and capitalizing on team member individuality. He was the Executive Director of the Armed Forces Network, Seoul Korea where he managed nine media networks. Since retirement LTC Darden has performed over 500 family law and civil mediations in San Bernardino Superior court. He has mediated over 100 employment cases while serving Department of Fair Employment and Housing in downtown Los Angeles. As a County Superior Court Appointed Mediator he has successfully settled over 200 small claims, limited and unlimited jurisdiction cases. LTC Darden is a formally trained Ombudsman. He performs pastoral family/marriage counseling and mediation throughout California.

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. Participants from outside of California should submit the California MCLE form to their state bar for approval after the program is completed.  Please be sure to sign in each day in the CLE sign-in forms located in the classroom. Straus programs have been accepted for MCLE credit across the nation.

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, Hotels, and Times

Location

Pepperdine University School of Law

24255 Pacific Coast Highway
Malibu, CA 90263

Hotel List

Malibu Hotel List

Schedule

Monday through Friday class schedule is 8:30 am to 5:00 pm.  Saturday schedule is 8:30 am to 3:30 pm. Lunch will be 45 minutes each day as it is served on site.  This allows ending 90 minutes early on Saturday, July 21, 2018.  Please use ending time of 3:30 pm as you book your return flight.

Please contact Lori Rushford at (310) 506-6342 or lori.rushford@pepperdine.edu for more information.