2017 Women in Litigation Conference
THE DAN K. WEBB CENTER FOR ADVOCACY
Advocacy in Mediation
Friday, September 22, 2017
9:30 a.m. - 2:00 p.m.
Philip H. Corboy Law Center, 25 E. Pearson Street
Power Rogers & Smith Courtroom – 10th Floor
Conference Brochure (PDF)
This conference will focus on the knowledge and skills litigators need when they are preparing to negotiate on behalf of a client in a mediation. Key skills include managing stress and emotions, choosing the right process and mediator; communicating information to the other side in a way they can hear it; dealing with matters such as submissions, opening statements, and insurance; identifying the various needs and interests of the parties (as opposed to just the positions) in order to come up with a durable resolution; and approaching a dispute as an opportunity to solve a problem creatively.
Clients appreciate lawyers with these skills because they are often able to preserve business and family relationships while still obtaining great results at a reasonable cost.The conference faculty include leading corporate and outside counsel, mediators, ADR institution representatives, and professors.
This program has been approved by the Illinois Supreme Court Commission on Professionalism for 4.0 hours of Professional Responsibility CLE credit, which includes 1.0 hour of Mental Health and Substance Abuse credit and 1.0 hour of Diversity and Inclusion credit. This event is free of charge for non-CLE-seeking attendees. $50 will be charged for CLE credit, with a 20% discount for Loyola Law Alumni and a 50% discount for attorneys working in government or public interest.
Conference Articles and Materials
- 9:30am Panel- Managing Stress Response- Article- Why mindfulness practice can make lawyers better at conflict resolution
- 10:30am Panel- Negotiating Agreement and Selecting Mediator- Article- Lengthy ABA study suggests better way to conduct mediation
- 10:30am Panel- Negotiating Agreement and Selecting Mediator- Article- Neurophysiology of ADR and Process Design
- 10:30am Panel- Negotiating Agreement and Selecting Mediator-Handout- Questions when Hiring a Mediator
- 12pm Simulation- Practical Considerations- Advocacy and Mediation Handout by the Honorable Jennifer Duncan-Brice (ret.)
- 12pm Simulation- Practical Considerations- Mock Mediation by the Honorable Jennifer Duncan-Brice (ret.)
- 1pm Panel- Making Most of Mediation Process- Checklist- Representing Clients in Mediation
- 1pm Panel- Making Most of Mediation Process- Abramson Checklists- Preparing Representation Plan & Preparing Client
|8:30-9:30am||Registration and Light Breakfast|
|9:25-9:30am||Opening Remarks, Professor Teresa Frisbie|
Workshop: Managing the Stress Response in Mediation: Yours and Theirs
Part I: Overcoming cognitive barriers to optimal decision-making that may arise from the stress response during mediation sessions; mindfulness meditation to improve performance; techniques to calm others, including cueing self-distancing.
Part II: Additional techniques to help you regain productive and reasoned thinking, and get the best result for you and your client including simple noticing and breathing techniques, the STOP method, and reframing.
The workshop will conclude with a short guided meditation.
Panel: Negotiating the Agreement to Mediate and Selecting the Mediator
Moderator: Brigitte Bell, Brigitte Schmidt Bell PC
This session will address process design issues such as scheduling and timing of mediation sessions, pre-mediation meetings/caucuses, and the role of client representatives; selection of the mediator; statistics on lack of diversity in neutral selection, client preference for particular mediators in the corporate setting, and overcoming barriers for women and people of color; and the perspective of a corporate user of mediation services.
Lunch Presentation and Simulation: Advocacy in Mediation: Practical Considerations
This session will cover many aspects of mediation ranging from submissions and opening statements to situations that arise during mediation such as meetings without attorneys, and insurer/client conflict over settlement. We will explore these issues with an interactive simulated mediation.
Panel: Making the Most of the Mediation Process – Advocacy Skills for Interest-Based Problem Solving
Moderator: Lynn Gaffigan, Gaffigan Mediation
This panel will explore interest-based negotiation techniques and discuss examples of excellent advocacy in mediation as well as situations where advocacy choices were detrimental to the process.