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Pepperdine | Caruso School of Law

Mediating the Litigated Case™ Malibu

Malibu

Malibu, California

July 20 - 25, 2020

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.


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 $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 $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 $100 administrative fee for transferring to another program. When canceling, we require notice by Tuesday, July 14, 2020, to avoid an additional $100 food service fee deducted.

Faculty

(Faculty members may include those listed below.  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.

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 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.

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".

Jim Craven is a lawyer, mediator, and frequent speaker in the conflict resolution field. He has been practicing law for over 40 years and remains of counsel to the Spokane, Washington, law firm of Evans, Craven & Lackie which he co-founded in 1978. He has extensive experience in the mediation of complex disputes, having served mediation clients throughout the northwest since 1990. He serves on the construction, commercial and mediation panels of the American Arbitration Association, and is a member of the Washington Mediation Association. Craven was a trial lawyer for over 25 years before becoming a full-time neutral. His trial practice emphasized complex construction, environmental, commercial, and professional negligence litigation. He received his law degree from Gonzaga University and the LLM in dispute resolution from Pepperdine University. In addition to his dispute resolution practice, Craven consults with business and government on a wide range of issues.

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 Department of Fair Employment and Housing in down town 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 Caruso 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.

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.

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.

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.

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 Caruso 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).

The Honorable 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.

Donald Wolfe is partner in a boutique San Diego based law firm focused on negotiation, mediation and litigation support. Mr. Wolfe is often retained by business executives, entrepreneurs and other attorneys in order to negotiate the essential deal points in business transactions or to revive broken or stalled negotiations. Mr. Wolfe has negotiated business transactions and settlement agreements in both domestic and international matters. Mr. Wolfe is the creator of the Walk Softly and Carry a Big Stick - Negotiation Lessons for Lawyers program which is a State Bar of California CLE approved presentation created to provide negotiation training for lawyers. Mr. Wolfe has most recently completed a sabbatical whereby he studied in depth the negotiation and mediation strategies utilized to ink the 1905 Treaty of Portsmouth, which ended the Russo-Japanese War. In the course of his research he traveled to Portsmouth, New Hampshire, Washington, D.C. and Tokyo, Japan in order to study original documentation. Mr. Wolfe has been a member of the California State and Federal Bar since 2001.

 

 

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 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.  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 Caruso School of Law

24255 Pacific Coast Highway
Malibu, CA 90263

Hotel List

Malibu Hotel List

The Villa Graziadio is a conference-style hotel located on the Drescher Graduate Campus, a few minutes drive to the School of Law.  This is not a large hotel and the faculty stay at this hotel.  The campus is dry, so there is no bar or room service at the Villa.  The room are beautifully decorated and have wonderful bedding!  Please make your reservation early.  Ask for the Straus Room block. The rate for a standard room is $179 plus taxes (about $200). Ocean view rooms are also available. All rooms are one queen bed only.  The Villa number is (310) 506-1100.

Please note that there is limited lodging in Malibu.

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 25, 2020.  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.