Training Course Syllabus:
Make the Best Use of Available ADR Solutions
Indiana Rules for Alternative Dispute Resolution are clear and detailed on what can and cannot be attempted to resolve a dispute out of court. They do not, however, provide the practical knowledge of countless negotiation tactics that will help you reach it. With fewer cases going all the way to trial each year, are you prepared to lead clients through ADR processes that will save them money and minimize conflict? Join us for an engaging discussion of the most effective settlement and negotiation methods, and get the skills you'll need to reach the most favorable outcome for your client. Enroll today!
- Get all your CME credits and enhance your negotiation skills with this engaging discussion.
- Choose the best resolution method for each client's specific situation by determining whether the case would benefit more from cooperative or adversarial approach.
- Learn to quickly and accurately determine the value of the case and your negotiating range.
- Maintain your impeccable reputation with a lesson on ethics for attorney negotiators.
- Get practical tips for developing a comprehensive and flexible strategy early on.
- Explore the multitude of factors to consider when selecting a neutral and learn to distinguish true masters from duds.
- Draft stronger briefs and motions to strategically position each case for the win.
- Find out what simple preparation steps can strengthen your case and steer negotiations in the right direction.
- Get creative ideas for jumpstarting stalled negotiations.
- Walk through sample scenarios and learn to apply the negotiation theory to resolve real cases.
- Stay on the cutting edge of your practice with a current look at ADR trends.
Determining the Goals and Methods of the Negotiation
9:00 - 10:00, Jeffrey O. Meunier
- Establishing the Regulatory Framework - Indiana Rules for Alternative Dispute Resolution and Other Rules
- Assessing the Value and Strength of the Case
- What Does the Client Want? - Ensuring Reasonable Expectations
- Outlining Major Substantive Issues of the Case
Choosing the Right Resolution Method - Matching Each Case to the ADR Options on the Table
10:00 - 10:45, Jeffrey O. Meunier
- Settlement Negotiations
- Non-Binding Arbitration
- Binding Arbitration
- Private Judge Ruling
- Summary Jury Trial
Preparing Your Case for Negotiations and Developing Your Strategy
11:00 - 12:00, Hon. Mary Ann Oldham
- Fact-Finding and Authentication
- Locating and Interviewing Witnesses
- Preserving Evidence
- Choosing a Style - Cooperative vs. Adversarial
- Developing Your Overall Strategy
- Identifying Important Timelines
- Qualifying and Selecting the Neutral(s)
- Compensation of the Neutral
- Discovery, Submissions and Preparations for the Hearing
- Mini-Trial Procedure
Legal Ethics in Settlement Negotiations
1:00 - 2:00, Bryan Lee Ciyou
- What Rules of Professional Conduct Say on the Subject of Negotiations
- Assumption of Good Faith
- Common Areas of Misrepresentation
- Estimates of Value - Lies or Valid Bargaining Tactics
- Consulting with Your Client on Major Decisions
- Maintaining Settlement Confidentiality
- Dirty Negotiating Tactics and Their Remedies
Negotiation Tactics Step-by-Step
2:00 - 3:15, Janice Mattingly
- Logistics Considerations - Establishing Communication
- Effective Openers
- Information Exchange Phase
- The Art of Bargaining
- Multi-Party Negotiation Considerations
- Practical Tips for Pushing Beyond an Impasse
- Effective Case Presentation at the Hearing
- Reaching and Documenting Resolution
- Drafting the Final Agreement - How to Ensure Enforceability
Legislative and Procedural Trends Update
3:30 - 4:30, Janice Mattingly
- Neutral Qualifications, Licensing and Liability
- Do the Arbitrators Have Judicial Immunity?
- Effective Use of Communications Technology in ADR
- Balancing the Need for Information with Cost Considerations