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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, 2020The 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 |
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Agenda
Speakers
Name | Organization | Speaking At |
---|---|---|
Bruce Poore | - | |
Joy Bennett | Joy D. Bennett, LISW | - |
Tiffany Provence | Provence Messervy, LLC | - |
Policy
Continuing Education
Agenda
- Definitions. ADR Rule 2.
- Is it supposed to be a different process, or does it just have a different name?
- 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?”
- 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.
- 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.)
- Demeanor / Presence
- Impartial / Self Control
- Attentive / Adaptive
- Patience / Perserverance
- 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?