Mediation in Indiana: Keys to Effective Settlement Negotiations
Credits Available
| Credit | Status | Total |
|---|---|---|
| Indiana CLE |
|
6 Total |
Tue, Dec 16, 00:00 AM – 00:00 PM
Tue, Dec 16, 00:00 AM – 00:00 PM
Register For Course
Live Webinar Registration
OnDemand Video
Video Download
Course Book Download
or
Overview
Proven Negotiation Methods for Overcoming Mediation Obstacles
In this online seminar, veteran mediator faculty will provide powerful, proven methods for improving all aspects of the mediation process. This comprehensive mediation and settlement course will provide the solid foundation you need to prepare for and conduct effective dispute resolution and negotiate the best possible resolution for your clients. Avoid the added time and expense of a trial, develop cutting-edge skills and master the subtle art of obtaining advantageous settlements for your clients. Register today!
- Get up to date with mediation changes and hot-button issues.
- Build your negotiation skills and obtain the best possible outcome.
- Navigate pre-settlement pitfalls and obtain proven methods for structuring the settlement.
- Determine the strength of the case for trial and weigh the costs vs. the benefits.
- Learn practical techniques for documenting the mediated settlement.
- Understand why it's important to be creative and flexible during the settlement process - and learn specific techniques to use during the process.
- Learn how mediators view mediation submissions and opening sessions.
- Confidently manage settlement conferences with superior problem-solving strategies and methods for evaluating the settlement offers.
Abbreviated Agenda
- Mediation Changes, Current Issues and Recent Developments
- Mediation from the Mediator's Point of View
- Determining a Settlement Strategy Early on
- Documenting the Settlement
- Preparing for the Settlement Process
- Settlement Negotiation Strategies (and Mistakes)
- Ethical Considerations in Mediation
- Post-Settlement Agreement Issues: What Mediators Need to Know
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Indiana CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Mediation Changes, Current Issues and Recent Developments
- Changes to Mediation Rules - New and Proposed
- Hot-Button Issues in Mediation Practice
- Recent Developments and Case Law
-
Mediation from the Mediator's Point of View
- Mediation Statements/Submissions
- Value of the Opening Session
- Stalemate
- The Merit of Attorney Conferences
- Bad Faith Mediation
- Follow Up, Follow Up, Follow Up
-
Determining a Settlement Strategy Early on
- Screening Cases
- Evaluating the Client's Goals and Managing Their Expectations
- Developing a Framework for Settlement Negotiations
- Determining the Strength of the Case for a Trial
- Litigating vs. Settling
- Costs vs. Benefits
-
Documenting the Settlement
- Documenting the Mediated Settlement - How to Ensure Enforceability
- Releases and Covenants
- Partial Settlements
- Final Accounting
- It's a Matter of Trust
-
Preparing for the Settlement Process
- Opening Communication and Avoiding Conflicts
- Anticipating Roadblocks
- Keeping a Broad Viewpoint
- Knowing the Case, the Risks, and the Parties
- Being Creative and Flexible
- Preparing for Mediation
- Evaluating Offers and Counter-Offers; Avoiding Pitfalls
- Effective Negotiation Techniques
-
Settlement Negotiation Strategies (and Mistakes)
- Logistics Considerations - Establishing Communication
- Effective Openers
- Information Exchange Phase
- The Art of Bargaining
- Uncovering Hidden Values and Interests; Reading Subtle Cues
- Multi-Party Negotiation Considerations
- Practical Tips for Pushing Beyond an Impasse
- Effective Case Presentation
- Reaching and Documenting Resolution
- Top Mistakes Made in Negotiations
-
Ethical Considerations in Mediation
- Fee Setting and Contract Drafting
- Protect the Voluntary Participation of Each Party
- Preserving Confidentiality of Mediation
- Mediation and Unauthorized Practice of Law
- Mediator Impartiality and Neutrality
- Conflicts of Interest
- Competency in Conducting Mediation
-
Post-Settlement Agreement Issues: What Mediators Need to Know
Who Should Attend
This basic-to-intermediate level online seminar will give mediators, attorneys, paralegals and other neutrals techniques to build their settlement skills.
Speakers
Speaker bio
Kathleen M. Erickson
is a partner with the law firm of O'Neill McFadden & Willett. She focuses her practice on a wide range of civil litigation defense and has extensive experience handling medical malpractice and healthcare defense matters. Ms. Erickson works with her clients through all phases of litigation, including investigation, motion practice, written and oral discovery, and trial. She represents hospitals and individual health care providers before medical review panels, in court and on appeal. Ms. Erickson earned her B.A. degree from the University of Illinois at Urbana Champaign and her J.D. degree from Valparaiso University School of Law. She is a member of the Lake County Indiana Bar Association.
Speaker bio
Michael D. Dean
is a partner at Withered Burns, LLP in Lafayette, Indiana, a general civil litigation firm. He earned his B.S. degree from Indiana University and J.D. degree from the University of Dayton School of Law, where he received the awards for Academic Achievement and served on the University of Dayton Law Review. Mr. Dean dedicated the first 12 years of practice to criminal litigation as a public defender, prosecutor, and private practitioner. He is a member of the Indiana State Bar Association. Mr. Dean has authored numerous articles published by Criminal Justice Magazine, an American Bar Association publication. He previously was responsible for his own quarterly column titled "Bootcamp Esq." which focused on advice for new criminal practitioners.
Speaker bio
Andrea L. Ciobanu
is the managing attorney at Ciobanu Law, P.C., in Indianapolis, Indiana. She represents clients throughout Indiana in civil litigation matters, including commercial and business, defamation, family and domestic relations, protective orders, civil rights and ADA compliance, as well as appellate matters. A seasoned litigator, Ms. Ciobanu has argued before the Southern and Northern districts of Indiana Federal Courts, Indiana Court of Appeals, Indiana Supreme Court and Seventh Circuit Court of Appeals. She is a trained registered civil, domestic and elder mediator, guardian ad litem, and parenting coordinator. Ms. Ciobanu is also a trained collaborative law professional. She has taught introductory law classes and legal ethics courses for paralegal students at Indiana University Indianapolis. Ms. Ciobanu earned her B.A. and M.P.A. degrees, both summa cum laude, from Indiana University and her J.D. degree from Indiana University Robert H. McKinney School of Law. She is AV rated from Martindale-Hubbell and has been rated by Super Lawyers every year since 2013.
Speaker bio
Timothy F. Kelly
is an attorney with Tauber Law Offices located in Schererville Indiana. He focuses his practice on personal injury, commercial, and contract litigation. Mr. Kelly is also a civil mediator having successfully mediated hundreds of personal injury cases. He has tried hundreds of cases in state and federal courts in Indiana, Illinois, Michigan, Ohio, Louisiana, Texas, Arizona, and Tennessee. Mr. Kelly is a founding member of the Chicagoland Law Tigers, an organization that represents injured motorcycle riders. He is a member of the American Association for Justice, the American Association of Motorcycle Injury Lawyers, ABATE, and the Harley Owners' group. Mr. Kelly earned his Juris Doctor from the University of Minnesota Law School in 1972.
TOP FAQs
Have more questions? Please Contact Us