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Mediating IN THE RED ZONE:  Raising your settlement rates and enhancing your market share

Faculty:  Tracy L. Allen and Eric R. Galton

This highly interactive course moves beyond basic mediation theory and technique, and into the realm of how highly experienced mediators from around the country handle the difficult dimensions of commercial mediation. Together the class and faculty will pull back the curtains to demonstrate and dissect the inside of the mediation room from multiple perspectives. Goals of the course include stretching the limits of participants' abilities, providing confidence to go beyond the norm, and creating greater market opportunity through use of traditional and nontraditional strategies and techniques.

What you will learn:

  • Why cases don't settle and how to ward off the usual causes
  • What lawyers really don't know about mediation and how to help them be more successful in mediation negotiations
  • Trust building—how to earn it and use it in the final stages
  • Why environment matters--using the joint session as a tool to resolution and how to create effective openings that clients value
  • Closing in the red zone—using unauthorized tools for the last 20 percent such as: Columbo, the Invisible Negotiation, Mediation Jeopardy, Beyond Bracketing, Handicapping, and Something More Than a Mediator’s Proposal
  • Ways to avoid boredom and beef up money negotiations, it's more than just the money
  • Working with the reluctant insurance adjuster
  • Developing mediator strategies in negotiation
  • Managing strong emotion to clear the path to settlement
  • Managing multiparty complex cases and negotiations
  • Building visibility in your market

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 and a past president of the International Academy of Mediators. 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 for the Institute for Conflict Management at Lipscomb University and a frequent lecturer for 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.