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Event Information
Live Webcast: Mediation 101: Back to the Basics-Part 1
November 05, 2020
Credits
N/A
MCLE: 3.00
Pricing
Dates
Thursday, November 05, 2020Time
8:50 AM - 12:00 PMRegistration Deadline
Friday, November 06, 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
Welcome. Opening comments, introduce speakers, 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
Back to the Basics - Mediation 101
What is mediation anyway, as compared to other means of Alternative Dispute Resolution?
- Definitions. ADR Rule 2.
- Is it supposed to be a different process, or does it just have a different name?
9:15 am
What makes mediation different (not better, just different) from the other forms of Alternative Dispute Resolution?
- How is conflict controlled in each?
- Is settlement imposed or constructed?
- Who is the most important person at the mediation conference?
- Do the parties interact with each other?
- Is there a burden of proof?
- Are the parties limited to a legal solution to their conflict?
- Do the parties have an opportunity to do more than merely resolve the concrete issues presented by their case?
- Can the parties say “No?”
9:45 am
- Mediation presents the novel idea that adults should be given the opportunity to figure things out for themselves.
- Rule 1 for Mediators.
- Standards of Conduct for Mediators Rule 1. Self Determination. A mediator shall recognize that mediation is based on the principle of self-determination by the parties.
- It is Rule 1 for a reason.
- The parties bring the solution with them when they walk into the mediation conference. Provide an environment that allows them to find it. Your solution may not be their solution.
10:00 am
- Mediator Job Description.
- Mediator Defined. ADR Rule 2(b).
- Authority and Duties of Mediator. ADR Rule 7.
- Agreement in Circuit Court. ADR Rule 6(f).
- Agreement in Family Court. ADR Rule 6 (g).
- Disclosure by uncertified neutral and written consent from all parties. ADR Rule 4(a)(2) and SCCA108F Consent to Selection of Uncertified Neutral.
- Quality of the Process. SCM VI and Comments. (I foresee spending a bit of time here.)
10:30 am
Break
10:45 am
What are the characteristics of a good mediator?
- Demeanor / Presence
- Impartial / Self Control
- Attentive / Adaptive
- Patience / Perserverance
11:00 am
The Story of the Orange. How is this useful to both attorneys and mediators?
11:15 am
- The Myth of Impasse.
- What is impasse?
- Is one party looking for the perfect solution?
- Are you dealing with decision fatigue?
- Have all the realistic options been brought to the table?
- Nothing is free. There is a cost to going to trial, and there is a cost to not going to trial.
- What does impasse have in common with the Boogie Man?
11:30 am
Questions and Answers
12:00 pm
Adjourn
125127