Promoting Informed Use and Best Practices for ADR in Washington
Now more than ever, the 2011 Northwest Dispute Resolution Conference is even more relevant and useful to lawyers: a complete series of workshops tailored with the practicing lawyer in mind: the Mediation Advocacy Track.
It's a complete series of programs building mediation skills for the lawyer. You'll cover all the issues of representing your clients in mediation, from start to finish: planning for mediation, negotiation, getting through impasse, avoiding ethical pitfalls, closing the deal, to documenting the settlement.
Designed for both the experienced mediation professional and new advocate, all who attend will come away with valuable insights into how to make mediation successful. Yet not just for lawyers - any dispute resolution professional interested in mediation representation will benefit from these programs.
Links in the titles and names are to pages featuring workshops and presenters.
See Phil Cutler's article, Dispute Resolution Conference Features Mediation Advocacy Skills Training, published in the King County Bar Association's March 2011 Bar Bulletin.
Take the full track and earn 8.25 Washington State CLE credits (7 General, 1.25 Ethics). Click here to download the full conference brochure. Register for the conference and the Mediation Advocacy Track here.
Planning for Mediation
Cathy A. Costantino, Director, ADR program FDIC; Adjunct Professor, Georgetown Law School, Washington, DC.
This hands-on interactive session will cover all aspects of the planning process: initial “designing” of the mediation with the mediator and the other attorneys/parties; framing and theming your case; choosing mediation strategies and tactics; pre-mediation negotiation with opposing counsel and identification of issues; choosing and educating your client; clarifying roles and goals; drafting the mediation statement; and ensuring that your client’s story is told effectively. Additional attention will be focused on: managing client expectations regarding process, confidentiality and outcome; identifying strategies to create and claim value; anticipating resistance, impasse and closure issues; preparing for possible cultural considerations; and exploring the use of apology. The material to be presented will be relevant and transferable to all types of mediations, regardless of substance or content.
Friday, April 29, 2011, 1:00 p.m. - 2:15 p.m.
Don’t Miss the Boat: Crafting an Opening Presentation in the Joint Session that will Set the Stage for Settlement
Eric Galton, Lakeside Mediation Center, Austin, TX
Too often lawyers and mediators skip the joint session. Learn why the joint session is important…why an effective joint session enhances the chances for resolution…why not having one may make resolution more difficult…and how to translate your advocacy skills to the mediation environment and dazzle your client. You will hear examples of specific opening presentations which have profoundly and favorably affected the mediation.
Friday, April 29, 2011,2:30 p.m. - 4:00 p.m.
Negotiating Tips and Strategies for Effective Mediation
Complex negotiations often include multiple parties, great uncertainty, risks of litigation, heightened emotions and seeming irrationality. We will discuss cutting-edge research on negotiation strategies and decision-making in complex mediations; insights into how to avoid blind spots, errors and biases that plague even experienced negotiators; and how to identify and not fall prey to factors such as reactive devaluation, risk aversion, cognitive dissonance, and strategic behavior. In addition, we will discuss how to deal with bargaining strategies such as “insulting” first offers, backward steps and other adversarial tactics; how to work with a difficult opponent; how to negotiate successfully from a position of weakness; how to gain client control when you’ve lost it; and how a lawyer can use the unique power of the mediator and the process to achieve better outcomes for clients.
Friday, April 29, 2011, 4:15 p.m. - 5:30 p.m.
Nina Meierding, Negotiation and Mediation Training Services, Bainbridge Island, WA
This session will initially identify and explore multiple sources of underlying resistance to settlement. We will then focus on customized techniques to move beyond the specific sources of impasse – including anchoring, reframing, risk assessment with BATNAs, WATNAs and MLATNAs, macro and micro questions, situation-specific rules of fairness, unbundling, linkage, high uncertainty avoidance v. situational distrust, strategic use of separate and joint sessions at impasse moments, the art of unilateral concessions and methods for saving face. These techniques apply to all types of mediations – whether family or commercial, multi-party or team bargaining. Come learn about how to move your clients to a durable agreement.
Saturday, April 30, 2011, 8:30 a.m. - 10:00 a.m.
Closing the Deal
So now you think you’ve got a deal. The mediator has artfully and gracefully managed to bring your client and the opposing client to an apparent agreement. How do you make it stick? How do you make sure that it won’t unravel and, if the parties have to work together in the future, how do you make sure that more disputes won’t arise over the substance of this agreement or over new issues? Learn techniques that skilled attorneys and mediators use to make the agreements they reach on the mediation day achievable and durable. Don’t be the attorney who reaches an agreement on the day of mediation and has to explain to her client later why there is no deal. With interactive techniques you will learn strategies that will allow you to navigate the traps of having your deal come undone.
Saturday, April 30, 2011,10:15 a.m. - 11:45 a.m. (1.5 General CLE Credits)
Mediation Ethics: How the RPCs Guide the Lawyer’s Role in Mediation
This session focuses on the ethical duties lawyers have when representing their clients in settlement negotiations and mediation. The material draws on Washington’s Rules of Professional Conduct and the comments to the Rules, The A.B.A. Model Rules and comments, the A.B.A. Section of Litigation’s “Ethical Guidelines for Settlement Negotiations” and the Uniform Mediation Act, identifying the many helpful nuggets of advice and counsel for the lawyer as advocate, negotiator and advisor. Participants will better understand their ethical duties and roles and see how mediation supports the lawyer’s complex role of serving as both advocate and advisor, while helping the client negotiate and abiding by the client’s settlement decisions. Participants will be reminded how the ethical duties are satisfied and ethical pitfalls avoided by better understanding the ethical rules and standards relevant in the settlement negotiation and mediation process.
Saturday, April 30, 2011, 1:30 p.m. - 2:45 p.m.