Alternative dispute resolution (ADR) is a term applied to typical court-annexed or supervised options for dispute resolution such as mediation and arbitration. Increasing numbers of court systems, government agencies and business agreements require some form of dispute resolution as a prerequisite to suit or trial. Just as an attorney has to understand the processes of discovery and trial, so must he or she have a working knowledge of options other than trial, given the increasing utilization of systems such as peer review, ombudspersons, mediation, arbitration and many other dispute resolution mechanisms. Likewise, professional mediators are seeking to increase their knowledge and expertise. This seminar is directed to both advocates and mediators, with the objective of providing greater skills and understanding of their respective roles.
- Determining which options of dispute resolution are in the best interests of your client
- Becoming a more effective advocate in mediation
- Understanding and evaluating the mediator's role and style
- Ways to effectively overcome impasse and reach settlement
- Evaluating the enforceability of agreements to resolve disputes other than by litigation
- Understanding the unusual ethical requirements in mediation
9:00 a.m. - 10:15 a.m.
I. Forms Of Alternative Dispute Resolution
D. Benefits And Limitations Of ADR
E. Primary And Secondary Reasons For Using Mediation
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
II. Advocacy In Mediation
A. Selecting A Mediator
B. Educating And Counseling The Client On Mediation
C. Preparing The Case For Mediation
D. Negotiation Skills And Strategies
E. Structuring The Settlement
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
III. The Mediator's Role
A. Overview Of The Process
B. Evaluative vs. Facilitative Mediation Styles
C. Effective Communication Skills
D. Working Towards Settlement And Dealing With Impasse
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
IV. Enforceability And Drafting Of ADR Agreements
A. Enforcement Of ADR Under The Federal Arbitration Act
B. Strategies For Drafting And/Or Attacking ADR Agreements
3:30 p.m. - 4:30 p.m.
V. Ethics In Mediation
A. Overview Of Tennessee Supreme Court Rules 31 And 37
B. Neutrality And Impartiality
C. Confidentiality And Its Exceptions
D. Mediation vs. The Practice Of Law
E. Hypothetical Issues: Point/Counter-Point