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Overview
Learn How to "Win" at Mediation
Mediation requires a completely different set of skills than direct negotiations and trial advocacy. Do you have what it takes to win? Join our experienced faculty for a full, focused day of techniques that every advocate and mediator must know in 2027. Secure the best outcome for your clients with these real-world mediation and negotiation insights - register today!
- Learn how to fine tune your mediation statements and avoid common mistakes.
- Use AI for smarter preparation, better negotiation, and faster resolution.
- Uncover creative negotiating strategies for joint session and caucus mediation.
- Review the various techniques mediators use to spur cooperation and move parties toward "yes."
- Get tips for dealing with impasse, difficult people, and other challenges in mediation.
- Examine current best practices for drafting settlement agreements.
*Mention of specific products or providers is informational only and does not constitute NBI endorsement. This program is not sponsored by any technology or electronics provider.
Abbreviated Agenda
- As Mediators See It: Top Preparation Mistakes Attorneys Make
- Mediation Settlement Agreements 2027
- AI in Mediation: Smarter Preparation, Better Negotiation, Faster Resolution
- Negotiation Techniques: Effective Advocacy in Mediation
- Bracketing, Reframing, and Other Tools of the Mediator's Trade
- Solutions to Impasse and Other Stumbling Blocks
- Remote Mediation: Rethinking Your Techniques
- Ethical Considerations in the Mediation Process
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Florida Continuing Mediation Education |
|
7.2 Total |
| Kansas Continuing Mediation Education |
|
6 Total |
| New Jersey Continuing Mediation Education |
|
4 Total |
| Tennessee Continuing Mediation Education |
|
6 Total |
Select Jurisdiction
CLE
Other
Agenda
-
As Mediators See It: Top Preparation Mistakes Attorneys Make
- The Unwritten Rules and Guidelines of the Mediation Process
- Choice of Mediator
- Timing Problems
- Inadequate Research
- Client Preparation Oversights
- Planning Your Presentation and Organizing Documents
- Common Mediation Statement/Brief Mistakes
- What Are You Going to Disclose?
-
Mediation Settlement Agreements 2027
-
AI in Mediation: Smarter Preparation, Better Negotiation, Faster Resolution
- Using AI to Draft Persuasive Mediation Statements
- Evaluating Settlement Value and Testing Settlement Ranges
- AI-Assisted Negotiation Strategy, Counteroffers, and Risk Analysis
- Drafting Settlement Agreements and Releases
- How Mediators Are Beginning to Use AI and What It Means for Advocates
-
Negotiation Techniques: Effective Advocacy in Mediation
- Opening Statement Dos and Don'ts
- Tips for "Winning" in Mediation
- Cooperative vs. Competitive Negotiation
- Key Negotiating Tactics (and Mistakes to Avoid)
- Joint Session vs. Caucus Mediation: Adapting Your Strategies
- Sending Messages
- Ways Numbers Distort Decision-Making: Anchoring and More
- Offers and Demands
- Using the Mediator to Your Advantage
- The Art of Listening
- Dealing With Surprise Information
- Know When and How to Walk Away
-
Bracketing, Reframing, and Other Tools of the Mediator's Trade
-
Solutions to Impasse and Other Stumbling Blocks
- Breaking Through Impasse
- Lack of Authority Issues
- De-Escalating Strong Emotions
- Cultural and Communication Issues in Mediation
- Unreasonable Expectations
- Dealing With Difficult People and Bad Faith in Mediation
- Multi-Party Mediation Issues
-
Remote Mediation: Rethinking Your Techniques
-
Ethical Considerations in the Mediation Process
- Conflicts of Interest
- Dealing With Unrepresented Parties
- Maintaining Confidentiality
- Mediator Impartiality
- Fees
- Addressing Client Expectations
Who Should Attend
This program is designed for attorneys and mediators.
Speakers
Speaker bio
Bill M. Wade
is an attorney at Bill Wade Attorney, where he focuses his practice on workers' compensation, personal injury, subrogation, and complex claims. He earned his B.A. and J.D. degrees from the University of Arkansas at Fayetteville. Mr. Wade is admitted to practice law in Arkansas.
Speaker bio
Jonathan Z. Morris
is a partner at Gordon Rees Scully Mansukhani, LLP. He is a trial and commercial litigator who represents companies, public entities, insurers, and entertainment-industry clients in consequential disputes involving substantial exposure, operational complexity, public or reputational stakes, or an approaching trial. Mr. Morris identifies what is driving the dispute, gives clients clear strategic recommendations, and takes responsibility for the critical decisions, witnesses, motions, negotiations, and trial moments that shape the outcome. He is a graduate of The Ohio State University, a former NCAA student-athlete, and a proud veteran of the Ohio Army National Guard. Mr. Morris is admitted to practice law in California, the District of Columbia, Ohio, Pennsylvania, and before the U.S. Supreme Court, Ninth Circuit Court of Appeals, U.S. District Courts for the Central District of California, and U.S. District Court for the Northern District of California.
Speaker bio
Susan Meek
M.D., J.D., is an attorney whose practice primarily focuses on medical-legal, corporate and business matters, pharmaceutical and device litigation, nursing home litigation, real estate, mediation and arbitration. She represents both plaintiffs and defendants in both transactional work and litigation. Ms. Meek has served as a special master in a large multi-party lawsuit, and as an administrative law judge in Texas. She has taught as adjunct professor at the University of Houston Law School, teaching ADR, dispute resolution, mediation, arbitration and legal negotiation. As a mediator and arbitrator for many years in all areas of the law, Ms. Meek is on the federal mediators list in Texas. She has previously served as an expert witness for the Department of Health and Human Services. Ms. Meek earned her B.S. degree from the University of Illinois, her J.D. degree from the University of Illinois (Northern) and her M.D. degree from Chicago Medical School. She trained at the Mayo Clinic, and completed an ophthalmologic residency at the University of Arizona. Ms. Meek has served on a Governor's Task Force and has been involved on committees dealing with medical and legal issues.
Speaker bio
Shannon Clark
is a shareholder with the firm Gallagher & Kennedy. He is a tireless advocate for victims of negligent and wrongful conduct throughout Arizona and in California, Florida, Kentucky, Maine, Mississippi, Montana, New Mexico, New York, Nevada, Ohio, South Carolina, Texas, Virginia, Washington, D.C. and Wyoming. Mr. Clark has handled virtually all varieties of personal injury cases, including product liability, motor vehicle accidents, dram shop actions, premises liability, elder abuse, medical malpractice, commercial trucking, sexual assault, medical device, pharmaceutical, and insurance bad faith. Throughout his career, his efforts have extended beyond the intricacies of any given lawsuit to champion consumer safety issues for greater social impact. Mr. Clark's passion for justice and dedication to defending injured or wronged individuals has helped force manufacturers to recall or modify the design of dangerous products. He earned his B.A. degree from Cornell University and his J.D. degree from Duke University. Mr. Clark is a firm representative with Lawyers Associated Worldwide and a member of the State Bar of Arizona, The American Association for Justice, Arizona Supreme Court Committee on Character and Fitness, Diversity Law Institute, and Arizona’s Finest Lawyers. He is admitted to practice in Arizona, United States Court of Appeals for the Ninth Circuit and United States District Court for the District of Arizona.
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