Litigation & Appeals

4.51

Mediation: Start to Finish

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
Florida Continuing Mediation Education Approved 7.2 Total
OnDemand
5 hours 55 minutes
Robert Kasieta
James McEntarfer
Christopher Kriesen
With Robert J. Kasieta from Kasieta Legal Group, LLC + 2 others
Recorded December 21, 2023
Product ID 97695

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Overview

Navigate the Mediation Process With Ease and Uncover Ways to Handle Difficult Scenarios

Do you know how to overcome impasse in mediation? Do you know the various negotiation styles, strategies, and when and how to effectively employ them? Being adequately prepared for issues and challenges that commonly arise during mediation is a must for mediators and disputing parties alike. In this mediation course, you'll get proven strategies from seasoned faculty for how to navigate through the mediation process - from laying the foundation of the case to documenting the settlement. Confidently handle challenging mediations - register today!

  • Understand the ins and outs of mediation procedure and rules.
  • Find out what a winning mediation brief looks like and what mediators look for.
  • Explore the art of sophisticated negotiation styles - including what to do when negotiations fail.
  • Overcome impasses and re-start stalled negotiations with cutting-edge strategies.
  • Apply ADR skills to difficult issues, including multiple parties, multiple claims and child-related matters.
  • Learn practical techniques for documenting the mediated settlement.

Abbreviated Agenda

  1. Preparing and Advising Participants
  2. Mediation Statements/Briefs
  3. Negotiation Styles (and Strategies!)
  4. Documenting the Settlement 
  5. Re-Starting Stalled Negotiations - Overcoming Deadlock/Impasse
  6. Handling Difficult Scenarios: Tips from Top Mediators
  7. Mediation Ethics

Related Topics

Product ID 97695

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
Florida Continuing Mediation Education Approved 7.2 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Preparing and Advising Participants

    1. Choice of Mediation; Mediation Defined
      1. Mediator's Role vs. the Attorney's Role
      2. Mediator's Advisement Do's and Don'ts
    2. Creating the Mediation Agenda
      1. Divorce
      2. Court Ordered
      3. Elder Law
      4. Post Divorce
      5. Civil/Conciliation Court

  2. Mediation Statements/Briefs

    1. What to Include/Not Include
    2. Liability and Damages Disputes
    3. How Did the Parties Reach the Current Position of the Case?
    4. Reviewing the Position of the Case
    5. Current Standing of Negotiations

  3. Negotiation Styles (and Strategies!)

    1. Opening Communication
    2. Recognizing Common Goals and Forming Relationships
    3. Making Things Easy and Finding Middle Ground
    4. Aggressive Negotiator, Evading Technique and "Walk Away" Strategy
    5. The Collaborative Approach
    6. Making Offers and Counteroffers
    7. Using Documentation and Evidence
    8. Building a Record of Negotiations
    9. Addressing the Weak Points
    10. Negotiation Mistakes to Avoid
    11. What to do When the Negotiations Fail

  4. Documenting the Settlement

    1. Status of the Mediation
    2. Lack of Consent of Pertinent Parties
    3. What to Include/Not Include
    4. What to do if Settlement is Reached/Not Reached

  5. Re-Starting Stalled Negotiations - Overcoming Deadlock/Impasse

  6. Handling Difficult Scenarios: Tips from Top Mediators

    1. Multiple Parties
    2. Difficult Clients
    3. Child-Related Matters
    4. What if Participants Cannot Attend?
    5. When Should the Mediation be Terminated? Should Another Mediator be Appointed?

  7. Mediation Ethics

    1. Confidentiality of Mediation
    2. Protecting the Voluntary Participation of Each Party
    3. Mediator Impartiality and Neutrality
    4. Conflicts of Interest
    5. Mediation and Unauthorized Practice of Law

Who Should Attend

This program is designed for mediators and attorneys. Paralegals may also benefit.

Speakers

Robert J Kasieta
Robert J.
Kasieta
Kasieta Legal Group, LLC
James A McEntarfer
James A.
McEntarfer
McEntarfer Law Office
Christopher P Kriesen
Christopher P.
Kriesen
The Kalon Law Firm, LLC
Speaker bio
Robert J Kasieta

Robert J. Kasieta

Kasieta Legal Group, LLC
Robert Kasieta

is the founder of Kasieta Legal Group, LLC in Madison, Wisconsin. He is a certified civil pre-trial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the Seventh and Eleventh circuits, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

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Speaker bio
James A McEntarfer

James A. McEntarfer

McEntarfer Law Office
James McEntarfer

is the founder of McEntarfer Law Office in Angola, where his focus areas include civil and domestic mediation, litigation, real estate, estate planning, and probate. He is a registered mediator in both civil and family law. Mr. McEntarfer is a member of the Indiana State Bar Association and treasurer of the Steuben County Bar Association. He earned his B.S. degree from the University of Evansville and his J.D. degree from Indiana University in Indianapolis, and has also completed the Indiana Graduate Program for Judges.

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Speaker bio
Christopher P Kriesen

Christopher P. Kriesen

The Kalon Law Firm, LLC
Christopher Kriesen

is the founder and principal of The Kalon Law Firm, LLC, where his practice areas include personal injury, civil litigation, appeals and ADR. Mr. Kriesen is admitted to practice in Connecticut and before the United States District Court of Connecticut. He is a trained mediator (Harvard Law School, Advanced Mediation Workshop, Program on Negotiation) and serves as an Attorney Trial Referee in Hartford Superior Court. Mr. Kriesen earned his B.Sc. degree from Villanova University, his J.D. degree from the University of Connecticut School of Law and his M.A. degree, with distinction, from Trinity College.

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