IN Specific

Litigation & Appeals

4.2

Mediation in Indiana: Keys to Effective Settlement Negotiations

Credits Available

There is no credit available on this course.
OnDemand
5 hours 56 minutes
Michele Bryant
Kathleen Erickson
Timothy Kelly
With Michele S. Bryant from Stoll Keenon Ogden PLLC + 2 others
Recorded December 12, 2024
Product ID 99331

Buy This Course

Course Includes
$389

OnDemand Video

Video Download

Course Book Download

or
Upgrade to Unlimited CLE and Get This Course
$129/month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

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

Related Topics

Product ID 99331

Credit Details

Credits Available

There is no credit available on this course.
Select Jurisdiction

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. 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

  3. 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

  4. 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

  5. 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
    11. Documenting the Settlement

  6. 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

  7. 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

Michele S Bryant
Michele S.
Bryant
Stoll Keenon Ogden PLLC
Kathleen M Erickson
Kathleen M.
Erickson
O'Neill McFadden & Willett
Timothy F Kelly
Timothy F.
Kelly
Tauber Law Offices
Speaker bio
Michele S Bryant

Michele S. Bryant

Stoll Keenon Ogden PLLC
Michele Bryant

is of counsel at Stoll Keenon Ogden PLLC. She is a registered mediator working within the arbitration and mediation practice group, specializing in finding solutions to disputes and misunderstandings without the expense and delay of trial. Ms. Bryant is refocusing her practice to concentrate on the areas of mediation, arbitration, and service as Medical Review Panel chair in cases pending with the Indiana Department of Insurance. As a mediator, she is able to use her range of experience and expertise to assist parties in the resolution of disputes involving all areas of civil litigation, particularly medical negligence claims, contract issues, automobile accidents, and employment and product liability claims. Ms. Bryant earned her B.A. degree from DePauw University and her J.D. degree from Indiana University Maurer School of Law.

View full profile
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.

View full profile
Speaker bio
Timothy F Kelly

Timothy F. Kelly

Tauber Law Offices
Timothy 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.

View full profile

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
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.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us