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It’s all so Real: Real Problems for Real Mediators in Real Time

Faculty: Tracy Allen and Eric Galton

NOTE: Participants must be neutrals who have completed at least 30 commercial cases in the mediator's chair (including employment disputes where the parties are represented) and/or completed at least 20 hours of advanced mediator training.

Eric Galton and Tracy Allen return to the Professional Skills Program with their fifth course in mediation skills for the experienced commercial mediator. Selecting from their own experiences, and those of the Distinguished Fellows of the International Academy of Mediators, the course examines how the agile mediator identifies, diagnoses, manages, and solves the predictable and unexpected events as they unfold before, during, and after mediation.
Questions and discussion topics to be explored include:

  • What's old and what's stale in the mediation business? What does the market say about you? How predictable are you?
  • Where does mediation confidentiality fit in this day of "#MeToo?" Learn how a panel of Distinguished Fellows of the IAM are balancing the moral, ethical, and legal implications of confidentiality.
  • How has the frequency of mediation as a tool on the litigation trail impacted the process design and timing, advocacy, expectations of the neutral, tools deployed to "break impasse" and the outcomes? What can you do about it?
  • Why does a caucus strategy matter from room to room and round to round?
  • Is mediating recklessly an ethical dilemma, a tool, or a disaster?
  • Does "mediator burn out" exist? What can be done about it?
  • What can we do in the middle of negotiations? Is there something new, something old, and something borrowed?
  • Why didn't that case settle and are there next steps to deploy to achieve success in a stalled negotiation?

Tracy L. Allen is a full-time mediator, arbitrator and ADR trainer. She teaches and practices internationally, providing conflict management, prevention, and training services worldwide. A former tax and business attorney, Allen mediates and arbitrates complex and highly emotional commercial, business, probate, securities, and employment cases. She is a Distinguished Fellow, Dame, and a past president of the International Academy of Mediators. She has written numerous articles and is a contributing author in several books on ADR, with emphasis on mediation and negotiation strategies. She received the State Bar of Michigan ADR Section Distinguished Service Award in 2008 and currently serves on several specialty ADR provider panels nationally and internationally. Allen is an adjunct professor in the College of Leadership and Public Service at Lipscomb University and the Institute of Continuing Legal Education at the University of Michigan. Allen is the owner of her Detroit-based resolution firm, Global Resolutions, PLLC.

Eric R. Galton is a full-time mediator, arbitrator, and lecturer. Galton's book, Mediation: A Texas Practice Guide, received the Center for Public Resources Annual Book Award. He has since authored four more books with his most recent work, Ripples from Peace Lake. Galton is a Distinguished Fellow of the International Academy of Mediators and the Texas Academy of Attorney-Mediators. He is a member of the Texas State Bar ADR Section and has served on the American Bar Association Dispute Resolution Section, and the board of directors for the Texas Association of Mediators. He has practiced law for 30 years, and is currently a partner in the mediation firm Lakeside Mediation and the law firm of Galton, Cunningham & Bourgeois, a purely dispute resolution and mediation firm in Austin, Texas.