This event is currently being hosted on a separate registration page. Click here to be redirected to the appropriate page.
Event Information
Live Webcast: Mediation 101: Back to the Basics-Part 2
November 12, 2020
Credits
N/A
MCLE: 3.00
Pricing
Dates
Thursday, November 12, 2020Time
8:50 AM - 12:00 PMRegistration Deadline
Friday, November 13, 2020
Mediation 101: Back to the Basics is exactly that. The program has been designed in conjunction with and to complement the 40-hour Civil and Family Court Mediation Training programs and is directed to both attorneys and experienced mediators. The program is presented in 2 three-hour segments on different days to make it easy for you to attend both, or choose the segment that most applies to your practice and schedule. Both programs are led by Bruce Poore, Tiffany Provence, and Joy Bennett - all of whom are experienced mediators and mediation trainers. They will provide you with the kind of practical instruction that will enable you to be more effective as mediators or attorney counselors in the mediation process.
Part 1, On November 5th, will provide you with a clear understanding of the basics of mediation. This is not a substitute for the 40 hour training program, but it is a great introduction to mediation for attorneys and a stimulating refresher for mediators.
Part 2, to be held on November 12th, is divided into two main segments which we are calling The Limbic Shift Part 1 and Part 2. Part 1 focuses on the attorney's role at mediation, which we all know is a bit different from the attorney's role at trial. Mediation might be your new best friend. This session is dedicated to the art of client preparation and provides you with a ton of practical tips.
Whether you are considering attending the 40-hour Mediation Certification Training program or have already taken the course; whether you are a novice mediator, new to mediation process as an attorney, or have long experience handling mediations, this powerful and practical seminar offers insights on the mediation process, the opportunity to ask questions, and most of all, the foundation you need to be successful as mediation continues to expand as an effective and efficient means to solve disputes in South Carolina.
The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.
Registration Fees
| Price Description | Amount |
|---|
Agenda
Speakers
| Name | Organization | Speaking At |
|---|---|---|
| Bruce Poore | - | |
| Joy Bennett | Joy D. Bennett, LISW | - |
| Tiffany Provence | Provence Messervy, LLC | - |
Policy
Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, or be given access to the archived online version of the same seminar (if available) - all with no cancellation or transfer fee. Refunds will not be issued for cancellations made within 24 hours of a seminar start time, but all other options listed above are available with no fee.
Continuing Education
Agenda
8:50 am
Mediation Seminar Opening / Mediation Basics
Explain the ideas behind the presentation, that it is addressed to non-trained attorneys who want to improve their successes at mediation and experienced mediators who want a refresher. Touch on the limitations of the presentation since it is not a live conversation and how we want to expand it to a full one day in person seminar as soon as safely possible. Ask for feedback.
9:00 am
Attorney Preparation - The Limbic Shift Part 1
- What is your job description at the mediation conference?
- ADR Rule 6(a). Duty to Inform
- ADR Rule 6(b). Attend.
- ADR Rule 6(d). Cooperation.
- ADR Rule 6(f) and (g). Agreement in Circuit Court / Family Court.
- What is your duty to your client?
- RPC Rule 1.2. Allocation of Authority.
- RPC Rule 2.1. Advisor.
9:15 am
- The Razor's Edge.
- Is it malpractice to allow your client to make or accept an offer of settlement that you disagree with?
- On the other hand, should you allow yourself to be reduced to a character in the script of a Lifetime Original Movie that your client is writing?
9:30 am
- What can you do to maximize your chances for a successful mediation?
- Getting a good night's sleep is important, but it is not enough.
- be prepared. Have all your docs in a row. You can only construct a solution with the building materials you bring with you to the mediation conference.
- Prepare your client. More about this topic in a moment.
- Trust the process and allow it to work. Don't forget that is really is a different process.
- Stay out of your client's way. Let the advocate in you take a day off. You are there as an advisor. Be a good one.
- You are skilled at making things happen. How skilled are you at letting things happen? Sometimes things do not go the way you think.
- Cooperate with and have trust in the mediator. She is trained and experienced. Allow her to do her job. You might be in the presence of a Jedi Master.
- Remember - you and your client can always say “No.”
10:00 am
- How do you choose a mediator for your case?
- Are you just checking a box so you can request a hearing and move on to a trial, or do you want a mediator who will actually do her job?
- Training.
- Knowledge of the subject matter.
- Experience.
- Style / Organization.
- Cost.
10:15
Break
10:30
Client Preparation - The Limbic Shift Part 2.
- The path to a successful mediation begins with your initial interview.
- Recognize that your client shows up for the interview because she is in conflict. What is conflict, how does it affect your client?
- Whose problem is it? Do you want to make it yours?
- How do you respond to your client-in-conflict? You can escalate the conflict, or you can de-escalate the conflict. The choice is yours.
- If your client is the plaintiff, what do you tell her about mediation?
- If your client is the defendant, and has been served, what do you tell her about mediation?
11:00 am
- Brainstorm with your client in advance of the mediation conference.
- Brainstorming before the mediation conference prepares your client to fully participate in the discussion and decision making at the mediation conference. Your client will arrive at the mediation conference with her brain in gear.
- Discuss all realistic options, especially the ones that are not favorable to your client.
- Start at Zero, go all the way to 100, and hit everything in between.
- Do your best to remove all unrealistic options. Remember, you are not a character in the script of the Lifetime Original Movie that your client is writing.
- Stimulate and encourage flexible thinking and discourage rigid thinking. My Way or the Highway is a dead-end street.
- Prepare your client (in advance of the mediation conference) to answer these questions at the mediation conference:
- What is important to you? Remember, you can't get everything.
- If this mediation is successful, what would the resolution look like?
- Is that realistic?
- How do we get the other party to agree?
- To Summarize. Empower your client to self-determine the outcome of their case. Do you really want the responsibility that comes with making their decisions for them?
11:30
Questions and Answers
12:00
Adjourn
152630