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Mediating the Litigated Case™

Straus Institute for Dispute Resolution is pleased to partner with Doshisha University Law School for this program!


Tokyo, Japan

November 28 & 30, December 1-3, 2016

A five-day training program
** see Program Times below

A sophisticated five-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
  • Five Stages of Generic Mediation
  • Mixed Motive Exchange in Consensus Processes
  • The Predictability of Distributive Bargaining
  • Facilitating Distributive Bargaining

Day 2

  • The Integrative Approach to Negotiation
  • Focusing on "Interests" Not Issues
  • How to Discover Underlying Interests
  • Facilitating Integrative Bargaining
  • Creativity in Negotiation
  • 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
  • Protocol for Disputants
  • How to Reframe and Narrow Issues
  • Communication Facilitation Techniques
  • Effective Use of Caucus
  • Validation

Day 4

  • Techniques to Facilitate Closing the Deal
  • How to Present Risks and Costs
  • Power Imbalances
  • Mediator Timing When Facilitating Closure
  • Effective Agreement Drafting
  • Convening
  • Agreement to Mediation
  • Confidentiality

Day 5

  • Emotions in Mediation
  • Bias Awareness
  • Multi-Party/Multi-Issue Mediation
  • Attorney Advocates in Mediation
  • Ethical Standards for Mediators
  • Med/Arb & Arb/Med
  • Ethics and Bullying
  • Fairness and Neutrality

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 $2,360 (240,413 JPY).  Registrations booked and paid by September 15, 2016, receive a $200 discount.

Registration includes all materials, coffee and snacks. Registration does not include transportation, lodging fees and meals.

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.

PLEASE NOTE: There is a $50 administrative fee for transferring to another program.

The program is subject to cancellation due to low enrollment. Decisions regarding cancellation will be made no later than three weeks prior to the proposed commencement date. In such case the full amount of program fees paid will be refunded, but neither Pepperdine Caruso Law School nor Doshisha Law School will be liable to any applicant for any expenses incurred in connection with such cancellation, including airline or hotel cancellation fees.


Peter Robinson is the managing 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 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.

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 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.  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 and Times

Doshisha University

Kyobashi East Building 3F 2-7-19 Kyobashi, Chuo-ku, Tokyo-to


Classes hours are as follows:
November 28: 9:00 am-5:00 pm
November 30: 9:00 am-8:00 pm
December 1: 9:00 am-6:00 pm
December 2: 9:00 am-8:00 pm
December 3: 9:00 am-5:00 pm

** Class will not be held on Tuesday, November 29, 2016

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