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Pepperdine | Caruso School of Law

Mediating the Litigated Case™ Online

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A six-day training program presented on consecutive Thursdays and Fridays

Offered Online on July 23-24, July 30-31, and Aug 6-7 - SOLD OUT!

 

Offered Online on September 17-18, 24-25, October 1-2

As of 8/3/2020, one-half of the spaces are available. 

 

In adapting to the challenges posed by COVID-19 this year the Straus Institute has made the decision to move our Mediating the Litigated Case (MLC) Program online.

We have been at the forefront of teaching dispute resolution online, and our experience in this arena will enable us to successfully transition our course offerings online. Our distinguished faculty, featuring nationally-recognized experts, will equip you with timely skills to advance your professional goals. 

Learn More about Mediating the Litigated Case

A sophisticated six-day program, Mediating the Litigated Case (MLC), is geared 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. Since 2000 over 3,400 people have participated in the MLC training program and have included participants from 44 states and 32 countries. The program will take place on three consecutive Thursdays and Fridays from 8:30 am - 5:00 pm. 

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 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.

View the Mediating the Litigated Case flier. We recommend using Google Chrome as your web browser for registration.

ONLINE MCLE CREDIT:  For participants outside California, please confirm with your state bar that online CLE hours will be accepted.  Submitting remote learning CLE hours may be viewed differently than in-person classes.  

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 online Mediating the Litigated Case is $3,995. The governmental and non-profit rate is $3,395.
The Pepperdine alumni rate is 2,995.

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 $1,000 cancellation fee, will be refunded or a substitute may attend the program.  

Registration includes all materials. Since enrollment is limited, participants should register early. Should a paid participant be unable to attend, the registration, less $1,00, will be refunded or a substitute may attend the program.

PLEASE NOTE: There is a $100 administrative fee for transferring to another program. 

Faculty

(Faculty members listed below area from the July/August program.  We will up date for September/October as soon as faculty have been confirmed.  However, due to illness or unavoidable conflict, we reserve the right to substitute faculty.)

Sukhsimranjit Singh 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 Caruso 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.

Stephanie Blondell is an assistant professor of law and practice and associate director of the Straus Institute for Dispute Resolution. She supervises the Mediation Clinic and teaches Mediation Theory and Practice and Criminal Law. Prior to joining Pepperdine, she served as the manager of the King County Alternative Dispute Resolution Program and Inter-Local Conflict Resolution Group, a tri-county labor-management and public policy mediation program in the area around Seattle, Washington. Prior to this she was the alternative dispute resolution coordinator for the City of Seattle where she designed and implemented a labor and employment mediation program for city government. Before joining Straus full-time, Blondell served as an adjunct professor at Straus, the Seattle University School of Law, and the University of Washington master of public administration program. Blondell earned her BA with honors in American civilization from Brown University, and her JD from the University of Washington School of Law.

Peter Robinson is professor of law at Pepperdine University Caruso 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.

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.

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.

The Honorable Alexander H. Williams III (Ret.) 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.

 Stacie Feldman Hausner, Esq. is a mediator at ADR Services, Inc. after 20 years of being a lawyer specializing in high-stakes litigation for both plaintiffs and defendants. She received an LL.M. in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University Caruso School of Law. She has been an Adjunct Professor at Straus for many semesters where she has taught both "Mediation Theory and Practice" and the "Mediation Clinic." She has mediated hundreds of cases for ADR Services, Inc., the Los Angeles Superior Court, the Department of Consumer and Business Affairs, the Department of Fair Employment and Housing, and the Center for Conflict Resolution. Stacie specializes in mediating disputes in the areas of business, personal injury, employment, construction defect, real estate, and malpractice. She also spends time presenting MCLE programs to bar associations and law firms on various topics, including, effective attorney advocacy in mediation, optimization of negotiation outcomes, ethics and mediation, psychology and mediation, and gender negotiations.

 

 

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 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 program is completed.  Straus programs have been accepted for MCLE credit across the nation.

PLEASE NOTE!!  ONLINE MCLE CREDIT: For participants outside California, please confirm with your state bar that online CLE hours will be accepted. Submitting remote learning CLE hours may be viewed differently than in-person classes. 

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, Hotels, and Times

Location

Online, through the Zoom platform. The link will be provided in a confirmation letter.

 

Schedule

The program will take place on consecutive Thursdays and Fridays from 8:30 am - 5:00 pm.  

Please contact Lori Rushford at 310.506.6342 or lori.rushford@pepperdine.edu for more information.