Date & Time: Wednesday, March 9, 2022 from 4:00 p.m. – 6:00 p.m. ET
Webinar Fee: $50
This Program is Online Only
This program is cosponsored by the Flaschner Judicial Institute.
Hon. Paul A. Chernoff, Massachusetts Superior Court (Ret.), Private Mediator and Pro Bono Superior Court Judicial Mediator.
Hon. John C. Cratsley, Massachusetts Superior Court (Ret.), author of the annual LEXISNEXIS ADR Practice Guide, Massachusetts Alternative Dispute Resolution. Mediator and arbitrator with JAMS and volunteer mediator in the Suffolk Superior Court.
Dwight Golann, Research Professor of Law, Suffolk University; author of Mediating Legal Disputes (ABA 2021).
Carmin C. Reiss, Principal of Resolutions, LLC, Adjunct Professor of Law, Suffolk University, contributor to Mediating Legal Disputes (ABA 2021).
A growing trend in many cases is to resolve them without a costly trial. Alternative Dispute Resolution, including arbitration, mediation, and conciliation, can be a valuable means to that end, and is an important option for the practicing attorney. Join our panel of experts and learn about settling cases through several types of Alternative Dispute Resolution. Faculty will discuss key issues mediators and lawyers encounter in arbitration, mediation and other processes, as well as recent legal developments.
Judge John Cratsley - Emerging Topics in Arbitration
- Review of federal and state appellate court arbitration decisions in 2021 including—
- What constitutes notice and acceptance of a contractual arbitration provision?
- When can a non-signatory compel a party into arbitration and when can a party compel a non-signatory into arbitration?
- What are the legal requirements for vacating an arbitration award?
- When has a party waived arbitration?
Judge Paul Chernoff – Introduction & Preparation for Mediation/Conciliation Session
- Importance of the Mediation agreement
- Computer compatibility for remote sessions
- Court pleadings – other documents, videos, etc.
- Confidential Mediation Memoranda
- Site visits, Google Earth
- Pre-mediation Conference with counsel & client
- Pre-mediation Conference with counsel
Professor Carmin Reiss – Conducting the Mediation Session
- Remote vs. in-person mediations
- Introductions, expectations, and ground rules set by Mediator
- Options for Plenary Sessions, including none
- Presentations by counsel – openings
- Roles for parties, counsel, experts, insurers, and others
- Roles for the Mediator
- Creating an atmosphere conducive to settlement
- Managing the dialogue within the process
- Mediator caucuses with subgroups: counsel only, clients only, experts only
- Evaluative input from the Mediator (or not)
Professor Golann – Issues in Caucusing & Addressing Challenges
- Ensuring and managing confidentiality, inside and outside the mediation
- Eliciting and delivering “insulting first offers”
- Techniques for managing (almost inevitable) impasses
Online registration is encouraged. For assistance, questions on group discounts, special billing, program content, out-of-state CLE credits, and general CLE information contact Michael Saporito at firstname.lastname@example.org . Space is limited. Registrations accepted in order of receipt. Same day registrations are $5.00 additional. Registration fees are non-refundable. Registrants for this program acknowledge that during the program their photographic or videographic images may be incidentally taken; registrants agree that the submission of their registrations for this program constitutes their written consent to the Social Law Library’s use of any such image in print and online materials solely for promotion of the Library’s noncommercial CLE seminars and other educational events and activities. Most Social Law Library CLE events are recorded. The recording is available by digital download, generally within a week after the program date. Most downloads include print material and are $19.95 each. This product purchase is separate from CLE registration and is not included in the price of a CLE registration. CLE credit is only granted when the live program is attended.