IN Specific

Litigation & Appeals

Live Online

Mediation in Indiana: Keys to Effective Settlement Negotiations

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Live Online
6 hours
Kathleen Erickson
Michael Dean
Adam Sedia
Kevin Fitzharris
With Kathleen M. Erickson from O'Neill McFadden & Willett + 3 others

Mon, Dec 07, 00:00 AM – 00:00 PM

Product ID 102481

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$489

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OnDemand content will be available within 7 days of event date.

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

  1. Mediation Changes, Current Issues and Recent Developments
  2. Mediation from the Mediator's Point of View
  3. Determining a Settlement Strategy Early on
  4. Documenting the Settlement
  5. Preparing for the Settlement Process
  6. Settlement Negotiation Strategies (and Mistakes)
  7. Ethical Considerations in Mediation
  8. Post-Settlement Agreement Issues: What Mediators Need to Know

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Related Topics

Product ID 102481

Credit Details

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Mediation Changes, Current Issues and Recent Developments

    1. Changes to Mediation Rules - New and Proposed
    2. Hot-Button Issues in Mediation Practice
    3. Recent Developments and Case Law

  2. Mediation from the Mediator's Point of View

    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

  3. Determining a Settlement Strategy Early on

    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

  4. Documenting the Settlement

    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

  5. Preparing for the Settlement Process

    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

  6. Settlement Negotiation Strategies (and Mistakes)

    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

  7. Ethical Considerations in Mediation

    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

  8. 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

Kathleen M Erickson
Kathleen M.
Erickson
O'Neill McFadden & Willett
Michael D Dean
Michael D.
Dean
Withered Burns, LLP
Adam J Sedia
Adam J.
Sedia
Johnson & Bell Ltd.
Kevin K Fitzharris
Kevin K.
Fitzharris
Barrett McNagny LLP
Speaker bio
Kathleen M Erickson

Kathleen M. Erickson

O'Neill McFadden & Willett
Kathleen 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.

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Speaker bio
Michael D Dean

Michael D. Dean

Withered Burns, LLP
Michael 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.

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Speaker bio
Adam J Sedia

Adam J. Sedia

Johnson & Bell Ltd.
Adam Sedia

is an attorney with the law firm of Johnson & Bell Ltd., where he concentrates his practice in municipal practice and civil litigation, with a special focus on appellate work. Mr. Sedia has litigated dozens of cases before the Indiana and Illinois appellate courts and the Seventh Circuit. Additionally, he represents Indiana municipal bodies, including towns and townships, as general counsel. Mr. Sedia has had scholarly articles published on a variety of subjects, from patents to insurance coverage, in various law journals, and has had poetry and short fiction published in literary journals as well. He is a past president of the Lake County Bar Association. Mr. Sedia earned his B.S. and B.A. degrees from Indiana University, and his J.D. degree from DePaul University College of Law.

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Speaker bio
Kevin K Fitzharris

Kevin K. Fitzharris

Barrett McNagny LLP
Kevin Fitzharris

is a registered civil mediator who concentrates his litigation practice in the areas of alternative dispute resolution (ADR) and litigation services. He spends most of his time serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty-five years of litigation experience, Mr. Fitzharris has mediated thousands of cases and has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. He has presented over 50 seminars on ADR and litigation-related topics ranging from Zoom Mediations, How the Pandemic is Affecting ADR, and Top 10 Tips for a Successful Mediation, to trial tactics and legal updates in the litigation arena. Mr. Fitzharris' professional honors include: Selected as a Distinguished Barrister for the Indiana Lawyer 2026 Leadership in Law publication, Indiana Supreme Court’s Committee on Character and Fitness, Federal Court Merit Selection Panel for the United States Judges – Northern District of Indiana Fort Wayne Division, Judicial Nominating Commission of Allen County, Indiana, member of The National Academy of Distinguished Neutrals (NADN)**, member of the American Board of Trial Advocates, fellow of the Litigation Counsel of AmericaAV® Preeminent* rated attorney based on Martindale-Hubbell peer review ratings, listed since 2019 in The Best Lawyers in America® publication and listed since 2016 in the Indiana Super Lawyers® publication. His professional and community involvement consist of: District 4 Representative, Board of Governors, Indiana State Bar Association, ADR Leadership Council, Allen County Bar Association, Co-chair, Alternative Dispute Resolution Section, Judge for the International Collegiate Mediation Tournament, American Inns of Court, Defense Research Institute, Defense Trial Counsel of Indiana, American Bar Association, and Elder Board, Emmanuel Community Church.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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