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Pepperdine | Caruso School of Law

Mediating the Litigated Case™



October 8 - 10 and 12 - 13, 2015

Co-sponsored by Aequitas Law LLP


A sophisticated five-day program for judges and judicial officers, 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 and family law cases.

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.

Supporting organizations:






Program Topics and Schedule

Day 1

  • STAR (Stages, Tasks, Activities, and Results)
  • Mediator's Stylistic Grid
  • Mixed-Motive Exchange in Consensus Processes
  • Prisoner's Dilemma/Win as Much as You Can Exercises
  • The Predictability of Distributive Bargaining
  • Opening Offer Strategies
  • Facilitating Distributive Bargaining
  • Commission Dispute Mediation Exercise
  • Settlement Conference Mediation Model

Day 2

  • The Integrative Approach to Negotiation
  • Focusing on "Interests" Not Issues
  • How to Discover Underlying Interests
  • Creativity in Negotiation
  • Facilitating Integrative Bargaining
  • Computec Mediation Exercise
  • Mediator Timing in Facilitating Negotiation
  • Interest-Based Mediation Model
  • Facilitating Communication
  • Mediator Questions
  • Listening Exercises
  • Validation
  • Effective Use of Caucus
  • BMI Mediation Exercise

Day 3

  • Techniques to Facilitate Closing the Deal
  • How to Present Risks and Costs
  • Mediator Timing When Facilitating Closure
  • Construction Engineering Dispute Mediation Exercise
  • Concluding a Mediation That Doesn't Settle

Day 4

  • The Opening Stage of the Mediation
  • First Impressions
  • Chair of the Committee
  • The Mediator's Job of Providing Structure
  • What to Include in an Opening Statement
  • Reframing and Broadening the Issues
  • Framing Issues
  • Mediation Opening Exercise
  • Convening a Mediation
  • Who Convenes
  • The Terms of the Mediation
  • The Consultant Approach
  • Family Mediation Track or Commercial Mediation Track
  • Mediating Child Custody and Visitation - Special Skills Required!

Day 5

  • Fairness and Neutrality
  • Ethics and Bullying
  • Ethical Standards for Mediators
  • Confidentiality
  • Power Imbalances
  • 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 $2,495 USD. The governmental and non-profit rate is $1,895 USD.

Registrations can also be made in Singapore with Aequitas Law LLP (contact: Tat Lim at +65 6535 0331) at $3,485 SGD. The government and non-profit rate is $2,645 SGD.

PLEASE NOTE CANCELLATION POLICIES.  Due to off-site expenses for the program please see our policies for Singapore:

1.  A non-refundable fee of 75% for cancellations with written notifications received by September 30, 2015.
2.  Cancellations received after September 30, 2015, will NOT be entitled to any refunds.

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.  Credit cards are preferred method of payment.

Registration includes all materials and meals during the program. Since enrollment is limited, participants should register early. Should a paid participant be unable to attend, a substitute may attend the program in their place.


Peter Robinson

Peter Robinson is co-director of the Straus Institute for Dispute Resolution and professor of law at Pepperdine University Caruso School of Law. He has presented advanced negotiation and mediation skills courses in more than 39 states and foreign countries. He has served on the boards of the Christian Conciliation Service of Los Angeles, Ventura Center for Dispute Settlement, Dispute Resolution Services of the LACBA, Southern California Mediation Association, and California Dispute Resolution Council. 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.

The Honorable Irwin Joseph

The Honorable Irwin Joseph serves as a Superior Court Commissioner in Santa Clara County, after more than fourteen years of bench experience that has included family, civil, and criminal assignments. During his seven years as an all purpose judge in the Family Law Department, he has heard dissolution, custody, support, paternity, and domestic violence matters. He created the Judicial Mediation Program for the Santa Cruz and Santa Clara County Family Court. He has mediated thousands of conflicts since 1995. He was a faculty member of the California Center for Judicial Education and Research (CJER) and the National Council of Juvenile and Family Court Judges (NCJFCJ) and a member of the Elkins Family Law Task Force. He is a graduate of La Verne University School of Law and UCLA. He co-created a popular Straus Institute class for those who wish to improve mediation skills in family law, the most difficult and contentious area of the law.



These activities have been approved for 31 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. Straus programs have been accepted for CLE 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 and **Program Times


Mediation Chambers of the Supreme Court of Singapore
1 Supreme Court Lane
Singapore 178879


October 8, 9, 10, 12: 8:30 am - 5:00 pm.

October 13: 8:30 - 12:00 pm.

Questions may be directed to Lori Rushford: lori.rushford@pepperdine.edu