Facebook pixel Mediating the Litigated Case™ Online | Pepperdine Caruso School of Law Skip to main content
Pepperdine | Caruso School of Law

Mediating the Litigated Case™ Online

aerial image of the pepperdine university campus in Malibu

*See information on Mediating the Litigated Case below the registration links

Online - August 26-28 and September 9-11, 2021

A six-day training program presented over a Thursday/Friday/Saturday format.

As of 7/1/2021, there are 3 spaces remaining in the program.

 

Quotes from online Mediating the Litigated Case program participants

In adapting to the challenges posed by COVID-19 this year the Straus Institute offered Mediating the Litigated Case (MLC) Program online in July/August, September/October, and January/February 2021 (all three programs sold out).  Here are some participant comments from our first online offering of MLC:

  • This is a tremendous program and a must for anyone entering the mediation profession. The program is led by a very knowledgeable, experienced and focused faculty which not only covers the nuts and bolts of a mediation practice but also the theory that underlies it. The instructors are focused and inspirational and have experience that allows them to cover mediation from a national and international perspective and the course materials are excellent. I highly recommend it.  Pat K.

  • The MLC course exceeded my expectations in every way. The instructors were engaging, unique in their styles, and, most importantly, approachable. My classmates shared a vision for peacemaking and I think we all left the class feeling like we had made a new set of friends. I learned not just valuable lessons about being a mediator, but new perspectives on life and people generally.  Alex S.

  • I cannot recommend the MLC training seminar highly enough. As a trial attorney for nearly 30 years, who has participated in hundreds of mediations as an advocate, I was humbled by how much I did not know about how good mediators manage mediations. I learned so much and cannot say enough good things about the quality of all the faculty and the quality of the training. I also found the small number of participants to be a huge positive as we got to know each other and the contributions of the very accomplished "students" brought the training to another level of excellence. My only "complaints" are that I wanted more time to delve even more deeply into the subject matter and that I missed out on attending on campus due to COVID, but the use of the Zoom format was handled really well. I highly recommend this course for anyone considering moving into mediation. I don't think you could find better training anywhere.  Kimberlee C.

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 40-hour 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 online program will take place on three consecutive Thursdays and Fridays from 8:30 am - 5:00 pm.  PST.

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.

We recommend using Google Chrome as your web browser for registration.

ONLINE MCLE CREDIT:  Please see the information on MCLE listed below.

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

 Registration

Registration for online Mediating the Litigated Case is $4,495. The governmental and non-profit rate is $3,795.
The Pepperdine alumni rate is $3,395.

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 $1,000, 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 who typically teach in Mediating the Litigated Case.  However, due to illness or unavoidable conflict, we reserve the right to substitute faculty.)

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.

Stephanie Blondell is an associate 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.

Sukhsimranjit Singh practices, teaches, and trains in dispute resolution. He is the Judge Danny Weinstein Managing Director of the Straus Institute for Dispute Resolution and assistant professor of law and practice at Pepperdine Caruso School of Law where he also directs the LLM program in dispute resolution. He specializes in cross-cultural dispute resolution and has published numerous articles in that field, and in 2015 he delivered a TED Talk on cross-cultural communications in Salem, Oregon. He has mediated intercultural and commercial cases in the United States, India, and Canada, among other countries. 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 and board member at Weinstein International Foundation. He has trained lawyers and law students in more than 30 states and 22 countries. Singh obtained his Ph.D. from National Law University, Delhi, master of laws in dispute resolution from University of Missouri-Columbia and was a Fellow at the Dispute Resolution Institute at Hamline University School of Law. 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 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.

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 Jacqueline Connor (retired) 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".

The Honorable Alexander H. Williams III (retired) 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. He has co-taught the Mediation Clinic class at the Pepperdine Caruso School of Law for over a dozen years and has instructed judges and others about mediation in programs on every continent except Antarctica. Before taking the bench, he served as a police officer, Navy judge advocate, and federal prosecutor.

Selina Shultz has spent over twenty years, serving as a mediator, consultant and coach, trainer, facilitator, and contract ombudsman. She has provided mediation services to individuals in civil and divorce disputes, as well as providing training, conflict culture interventions, and leadership development to corporations and nonprofits struggling with conflict. She has mediated hundreds of cases and worked with organizations such as FedEx, Home Depot, Nevada OSHA, AMG Research, and Allies for Children. Her years of practical hands on work in mediation is further supported by her academic work in both decision making, neuroscience, and negotiation. Her process and approach to all of her work, including the space she has created at The Conflict Lab, are constantly mindful of how to bring about her client's best thinking. With an ability to understand complicated conflict dynamics and how to improve them. Shultz provides "Conflict Culture Interventions" to organizations who suffer from the effects of an unhealthy work environment. Shultz provides both basic and advance mediation and conflict competency trainings, both locally and internationally for organizations and corporations, as well as at the law school level at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, Duquesne University School of Law, and The Saltman Center at The UNLV School of Law.

Lieutenant Daryl 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 the 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. LTC Darden has been an Adjunct Professor at Humphreys College in Stockton California for Criminal Law and US Constitution. While serving at the United States Military Academy at West Point, LTC Darden was the Professor of Public Speaking, the cadet speech and debate coach and a tactical trainer. LTC Darden received his AB in Social Science from the University at Berkeley, an MA in Group Counseling from Long Island University, Long Island New York and a JD from Pace University School of Law White Plains, New York. He is currently pursuing a MA in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law Malibu California. He is an American Arbitration Association 2013 Higginbotham Fellow, a member of the American Bar Association, the Southern California Mediation Association and the Inland Valley Arbitration and Mediation Service.

Steve Paul is a full-time mediator based in Los Angeles, primarily mediating employment and commercial disputes. Prior to becoming a mediator, Steve was in-house legal and business affairs counsel at Warner Bros. Studios, where he handled labor and employment issues and provided legal oversight of the Studio's day-to-day operations. Steve has been an Adjunct Professor at the Straus Institute for Dispute Resolution for the past several years, where he teaches employment dispute resolution. Steve frequently lectures and speaks on mediation, conflict resolution and negotiation, and is a Distinguished Fellow and the President-Elect of the International Academy of Mediators. Steve graduated Phi Beta Kappa from UC Berkeley, and received his law degree from Berkeley Law School.

 

 

 

 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.

PA BAR MEMBERS:  Pepperdine is an approved provider for remote learning CLE hours.  We will submit your hours to the Pennsylvania State Bar.  There is a $100 fee for submitting the 40 CLE hours.  You will be asked to make payment upon completion of the class.  

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.  (PST)

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