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

Mediating the Litigated Case™


Malibu, California

July 23 - 28, 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


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 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 18, 2018 or there will be an additional $50 food service fee deducted.


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

Peter Robinson (Lead Trainer) is professor of Law at Pepperdine University School of Law and the former managing director of the Straus Institute for Dispute Resolution. He has presented advanced negotiation and mediation skills courses throughout the United States and in more than 10 foreign countries. He has served on the boards of the California Dispute Resolution Council, the Southern California Mediation Association (SCMA), Dispute Resolution Services of the LACBA, the Ventura Center for Dispute Settlement, and the Christian Conciliation Service of Los Angeles. The SCMA recognized him as Peacemaker of the Year in 1999. 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 and 2008. After being appointed by the Los Angeles City Attorney, he successfully mediated all the environmental objections to building the Farmers Field football stadium in downtown Los Angeles.

Nina Meierding, a former civil attorney, has been a national leader in the field of conflict resolution, training thousands of individuals in businesses, courts, school districts, governmental agencies, medical centers, corporations, and universities throughout the United States and abroad for almost 30 years. She has been an adjunct professor at Pepperdine University School of Law for over 20 years and Southern Methodist University for over 15 years and has taught at many other universities, as well as the National Judicial College and the California Judicial College. She is a former president of the Academy of Family Mediators and served on the board of directors of the Association for Conflict Resolution and many other organizations. She was the director and senior mediator at the Mediation Center in Ventura, California, from 1985 to 2007 where she mediated over 4,000 disputes and is currently the mediation partner and consultant for the Wisconsin Special Education Mediation System (WSEMS).

Denise R. Madigan has been mediating full-time for over 20 years. She entered the field as an associate director for the Harvard-MIT Public Disputes Program in the early 1980s, and after practicing law, later joined the pioneering ADR firm, Endispute, Inc., in Washington, D.C. (which later merged with JAMS). The breadth of her practice is extraordinarily broad, and includes complex commercial, entertainment, intellectual property, insurance, mass accidents, and employment matters, among others. In addition to her full-time mediation practice, Madigan has taught at the Straus Institute since the mid-1990s, and now serves as director of its Public Disputes Project. She also has designed and/or taught hundreds of tailored negotiation and ADR courses for courts, law firms, government agencies, nonprofits and corporations in the United States, Asia, Latin America, and the Middle East.

The Honorable Ben Davidian is a member of the Superior Court of California for the County of Sacramento. Appointed to the bench in 2009 by Gov. Arnold Schwarzenegger, he serves as the Supervising Judge of his court's Civil Settlement Center. Having handled over 150 jury trials as a practicing attorney and a judge, he now oversees approximately 225 local attorneys who serve as judges pro tem in the Civil Settlement Center. The Civil Settlement Center settles approximately 75% of the cases that come before it. Judge Davidian previously served in positions of leadership in three gubernatorial administrations and one presidential administration. A combat veteran of the United States Air Force, Judge Davidian received his undergraduate degree from the University of Utah in 1973 and his law degree from Hastings College of the Law in 1980.

The Honorable Jacqueline Connor was a trial lawyer for 10 years trying hundreds of jury trials, and most recently retired from 25 years as a Los Angeles Superior Court judge. She has presided over thousands of trials from death penalties to construction defect to medical malpractice to family disputes. She offers judicial experience in resolving complex legal and factual issues to her mediations. Nationally recognized for her extensive study of juries, Connor's fluency in the art and business of jury perceptions offer parties
an expert assessment of the risks and rewards that they face at the hands of a jury. Her in-depth knowledge of settlements, judicial decisions, and jury verdicts is enhanced by her ability to connect with parties on a straightforward and honest level. She was recognized this year as one of the Daily Journal "Top Neutrals".


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.


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


Pepperdine University School of Law

24255 Pacific Coast Highway
Malibu, CA 90263

Hotel List

Malibu Hotel List


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 28, 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.