Agenda / Content Covered

1. Determining a Settlement Strategy Early on
   9:00 - 10:00, Written and presented by Jennifer E. Davis in Merrillville and Christopher J. Barrows in Indianapolis
   1. Screening Cases
   2. Evaluating the Client's Goals and Managing Their Expectations
   3. Developing a Framework for Settlement Negotiations
   4. Determining the Strength of the Case for a Trial
      1. Litigating vs. Settling
      2. Costs vs. Benefits
2. Preparing for the Settlement Process
   10:00 - 11:00, Written and presented by Jennifer E. Davis in Merrillville and Christopher J. Barrows in Indianapolis
   1. Opening Communication and Avoiding Conflicts
   2. Anticipating Roadblocks
   3. Keeping a Broad Viewpoint
   4. Knowing the Case, the Risks, and the Parties
   5. Being Creative and Flexible
   6. Preparing for Mediation
   7. Evaluating Offers and Counter-Offers; Avoiding Pitfalls
   8. Effective Negotiation Techniques
3. Mediation from the Mediator's Point of View
   11:15 - 12:30, Written and presented by Gregory K. Blanford in Merrillville and Scott M. Kyrouac in Indianapolis
   1. Mediation Statements/Submissions
   2. Value of the Opening Session
   3. Stalemate
   4. The Merit of Attorney Conferences
   5. Bad Faith Mediation
   6. Follow Up, Follow Up, Follow Up
4. Settlement Negotiation Strategies (and Mistakes)
   1:30 - 2:30, Written and presented by Timothy F. Kelly in Merrillville and Jerome O. Pitt in Indianapolis
   1. Logistics Considerations - Establishing Communication
   2. Effective Openers
   3. Information Exchange Phase
   4. The Art of Bargaining
   5. Uncovering Hidden Values and Interests; Reading Subtle Cues
   6. Multi-Party Negotiation Considerations
   7. Practical Tips for Pushing Beyond an Impasse
   8. Effective Case Presentation
   9. Reaching and Documenting Resolution
   10. Top Mistakes Made in Negotiations
5. Documenting the Settlement
   2:45 - 3:30, Written by Jerome O. Pitt. Presented by Gregory K. Blanford in Merrillville and Jerome O. Pitt in Indianapolis
   1. Documenting the Mediated Settlement - How to Ensure Enforceability
   2. Releases and Covenants
   3. Partial Settlements
   4. Final Accounting
   5. It's a Matter of Trust
6. Ethical Considerations in Mediation
   3:30 - 4:30, Written by W. Brent Gill. Presented by Marge E. Breclaw-Teeling in Merrillville and W. Brent Gill in Indianapolis
   1. Fee Setting and Contract Drafting
   2. Protect the Voluntary Participation of Each Party
   3. Preserving Confidentiality of Mediation
   4. Mediation and Unauthorized Practice of Law
   5. Mediator Impartiality and Neutrality
   6. Conflicts of Interest
   7. Competency in Conducting Mediation

Accreditation Details:

GREGORY K. BLANFORD is an attorney and mediator with the Blanford Law Office. Mr. Blanford practices in the area of family law. He is a member of the St. Joseph County Bar Association and the Indiana State Bar Association. Mr. Blanford is a certified domestic relations mediator. He graduated from Purdue University and received his J.D. degree from Notre Dame Law School.

MARGE E. BRECLAW-TEELING is an attorney in Griffith, Indiana, where her areas of practice include family law, adoption, paternity, divorce, wills, and trusts. She acts as guardian ad litem and court facilitator in the Lake Superior Court, and is a family law mediator. Ms. Breclaw-Teeling has mediated/facilitated more than 600 cases and has been able to successfully complete and settle 95% of the cases. She is a member of the American and Lake County bar associations, and Lake County Women Lawyers Association. Ms. Breclaw-Teeling earned her B.S. degree from Purdue University and her J.D. degree from Valparaiso University.

JENNIFER E. DAVIS is a partner with the law firm of Garan Lucow Miller, P.C., where she practices in the areas of appellate practice, auto negligence, commercial trucking negligence, construction defect, construction negligence, contract disputes, general liability litigation, insurance bad faith, insurance coverage disputes, personal injury, premises liability, and products liability. Ms. Davis is also a registered civil mediator. She is a former law clerk of the Indiana Court of Appeals, Judge Paul D. Mathias; and of the Allen Superior Court, Judge Paul Mathias, Judge Nancy Boyer, and Judge Stanley Levine. Ms. Davis has also been a professor of paralegal studies at Ivy Tech State College, an adjunct professor at several other universities, and a lecturer for multiple seminars for Indiana continuing legal education. She is admitted to practice in Indiana and before the U.S. District Court, Northern and Southern districts of Indiana. Ms. Davis is also a member of the Indiana State and Lake County bar associations. She earned her B.A. degree from Indiana University at Bloomington and her J.D. degree, with honors, from Valparaiso University School of Law. Ms. Davis is a certified mediator.

TIMOTHY F. KELLY is an attorney with Kelly Law Offices, LLC, where he focuses his practice on personal injury, commercial, and contract litigation. Mr. Kelly is also a registered civil mediator. He has practiced in the state and federal courts in Indiana, Illinois, Michigan, Ohio, Louisiana, Texas, Arizona, and Tennessee. Mr. Kelly is a member of the American Association for Justice, Indiana Trial Lawyers Association, American Association of Motorcycle Injury Lawyers, ABATE, and the Harley Owners Group. He earned his J.D. degree from the University of Minnesota Law School.

CHRISTOPHER J. BARROWS is an attorney with Barrows Legal Group, LLC, where he practices in the area of family law. He has been a registered family law mediator since 2004, and a certified family law specialist since 2005. Mr. Barrows has presented on numerous family law matters, from basic to advanced, for the Indiana State Bar Association, the Indianapolis Bar Association, the Association of Family and Conciliation Courts, National Business Institute, and ICLEF. He has co-wrote the Indiana Parenting Coordination Guide. Mr. Barrows has testified on behalf of the Indiana State Bar Association, and as a proponent for parent coordination in front of the Indiana Legislature. He has served on the Association of Family and Conciliation Courts (AFCC) Task Force for court-involved therapists resulting in “Guidelines for Court Involved Therapists." Mr. Barrows is a founding member and current board member for Seminars for Advanced Interdisciplinary Family Professionals. Mr. Barrows is a member of the Indianapolis Bar Association (Family Law Section, Executive Committee, past chair), the American Bar Association (member, Family Law Section), the Indiana State Bar Association (member, Family Law Section), the Association of Family and Conciliation Courts (AFCC), and AFCC-IN (past-president). He earned his B.A. degree from Goshen College and his J.D. degree from Indiana University School of Law.

W. BRENT GILL is a trial lawyer and mediator at Smith Law Services, P.C. in Seymour. He has tried approximately 150 jury trials. Mr. Gill's trial experience includes cases involving fire and gas explosions, construction site injuries, premises liability, insurance company bad faith, governmental liability and highway design, pharmaceutical, medical devices, toxic torts, products liability, trucking, motorcycle and automotive catastrophic personal injury, burn injury, brain and spinal cord injury, and wrongful death, as well as professional malpractice and nursing homes. He is a graduate of the National Institute of Trial Advocacy and is board certified as a civil trial advocate of the National Board of Trial Advocacy. Mr. Gill's professional association memberships include the Indiana Trial Lawyers Association; the American Association for Justice; fellow of the Roscoe Pound Foundation; fellow of the Indiana College of Trial Lawyers; the Multi-Million Dollar Advocates Forum; the National Trial Lawyers; the National Native American Bar Association; and the American, Indiana State, Seventh Circuit, Jackson and Lawrence County bar associations. He earned his B.S. degree from Indiana University and his J.D. degree, cum laude, from Indiana University School of Law.

SCOTT M. KYROUAC is an attorney with the law firm of Wilkinson, Goeller, Modesitt, Wilkinson & Drummy LLP, where he practices in personal injury, product liability, insurance defense, medical malpractice defense, environmental law, asbestos defense, toxic torts, trucking, and transportation law. Mr. Kyrouac is a past president of the Defense Trial Counsel of Indiana and was the 2015 president of the American Board of Trial Advocates (Indiana). He is a member of the Indiana State Bar Association, Terre Haute Bar Association, Defense Trial Counsel of Indiana, American Defense Trial Attorneys, and the Defense Research Institute (Indiana State representative). Mr. Kyrouac earned his B.S. degree, with high honors, from the University of Illinois and his J.D. degree from Indiana University. He serves as both a registered civil and domestic mediator.

JEROME O. PITT is an attorney with The Mediation Center, Inc., where he provides mediation, arbitration, design of workplace conflict management systems, and training. Mr. Pitt is a registered civil and domestic mediator. He has had extensive experience as an attorney and neutral in the following areas: banking, commercial, construction, employment, corporate, and securities. Mr. Pitt has presided over 1,300 cases as mediator or arbitrator. He serves as an executive career mentor for Butler University College of Business, where he also taught business law as an adjunct professor. Mr. Pitt has also served as an adjunct professor at Purdue University School of Engineering and Technology, teaching a masters level course in conflict management, and as a faculty member for Sullivan University's master of science in dispute resolution program. He is a member of the Indiana State Bar Association. Mr. Pitt earned his B.A. degree from John Hopkins University and his J.D. degree from Indiana University.