Continuing Legal Education (CLE)

"Best Practices for Mediation and Arbitration" discusses points and maxims gleaned from more than twenty-five years of serving as advocate, arbitrator, and mediator in many dispute resolution proceedings. The points in this discussion are fleshed out with examples of real-life mediation and arbitration in the context of construction and commercial disputes. The discussion includes practice pointers concerning the ethical and professional practices which should characterize the conduct of arbitrators, mediators, and advocates.

Gino Brogdon offers one hour of Ethics. A failure to mediate deprives the clients of a chance at real success with little or no risk. Mediation must be done right to be effective. This presentation discusses the common mistakes made by counsel and the litigants in mediation regardless of legal subject matter.

"Closing the Gap" explains why parties in a personal injury case are headed to different monetary positions. The presentation will then discuss how to recognize and define the opposing monetary positions taken by the parties. The Ethics of good faith negotiations is discussed. The program closes with how the parties can close the gap between them to achieve resolution.

Bill Goodman offers one hour of ethics CLE, with a heavy emphasis on how ethical and professional conduct in mediation will assist parties in effective settlement techniques and avoiding impasse. Specifics include apology, “lawyer talk,” brackets and the “mediator’s number.” Also, “You mean I really can call the mediator as a witness?” Well, only sometimes. Bill draws on his many years as a mediator of business, professional and casualty disputes in presenting an interesting, challenging and very helpful talk for professionals in dispute resolution.

The term "midnight clause" refers to the dispute resolution clause in a contract, and in particular the arbitration clause. The name is well-deserved because all too often this clause is addressed at the end of the contract negotiations (and many times after midnight) as more or less an “afterthought,” with very little consideration given to the consequences. Unfortunately, there is no such thing as a “standard” or “boilerplate” arbitration clause, and each arbitration clause should be carefully drafted to fit the needs of the parties and the deal. Paying attention to dispute resolution issues at the time the contract is drafted can avoid costly surprises later on, when the ability of the now disputing parties to agree on anything has diminished significantly. It is a classic case of “you can pay me now or pay me later.” This presentation focuses on the causes and consequences of defective arbitration clauses, and provides a framework for drafting arbitration clauses that work. While this presentation is geared towards the transactional attorney, litigators can benefit from it also.

The confidentiality of communication in mediation is a key element to success of the process. In this program Ken examines the legal sources that ensure and, in some surprising instances, do not ensure protection of that confidentiality. Ken will review the common law, statutes and court rules at the state and federal levels that address confidentiality in mediation and offer comments on the history that has led to a patchwork approach to this important issue.

"Mediating Insurance Claims With Coverage Questions" explores when there is uncertainty concerning liability insurance coverage for the event. How can the parties mediate a case when there is an uncertainty about the existence, and amount of, insurance coverage? Evaluation of the status of the coverage question, the basis for the coverage question and taking into account the likelihood of the coverage being voided are all topics that will be discussed.

Everybody Wins! When successfully resolving pre and post-suits and arbitration actions through mediation. Mr. Mabry discusses the general benefits of cost and time savings, removal of stress and uncertainty of trial, and the high success rate of more than 80% and the specific benefits to all parties.

"Crucial Techniques of Mediation" aims at positioning the advocate for a favorable outcome at mediation. Preparation from the beginning of the case, discovery considerations, motion implications and status of the case as it relates to timing of mediation are all covered. In addition types of mediation styles are discussed in the context of choosing the right mediator for your type of case and your type of client. At the end of the day, a picture is shown reflecting the view of mediation as seen by both the advocate and the mediator.