Mediation with the Masters

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1 National Institute on Mediation with the Masters Contemporary Strategies for Effective Advocacy in Mediation Thursday, June 10, 2010 Westin River North 320 N. Dearborn Street Presented by The American Bar Association Section of Litigation, Section of Antitrust Law, Section of Dispute Resolution, Judicial Division, Tort Trial and Insurance Practice Section, Young Lawyers Division, JAMS, and the Center for Continuing Legal Education Register Online at

2 Program Description The American Bar Association Section of Litigation is proud to present a full-day National Institute on contemporary mediation. Moderated by past section chair, Ronald Jay Cohen, the program will feature never before assembled talent to offer litigators the tools and insight necessary to maximize the opportunities for negotiated resolutions and client satisfaction. We will cover each chapter in the life of a mediation, from pursuit to preparation to completion, including an hour devoted to ethics. Our star faculty of practicing attorneys include both trial lawyers and in-house counsel, judges and mediators. National Institute Faculty Honorable Marvin E. Aspen United States District Court for the Northern District of Illinois Hilarie Bass Greenberg Traurig, LLP Miami, FL William R. Bay Thompson Coburn LLP St. Louis, MO Philip S. Beck Bartlit Beck Herman Palenchar & Scott LLP Patricia C. Bobb Propes & Kaveny LLC Robert A. Clifford Clifford Law Offices PC Ronald Jay Cohen Cohen Kennedy Dowd & Quigley, PC Phoenix, AZ Lawrence J. Fox Drinker Biddle & Reath LLP Philadelphia, PA William R. Jentes William R. Jentes PC Laura H. Kennedy Cohen Kennedy Dowd & Quigley, PC Phoenix, AZ Louise A. Lamothe Louise A. Lamothe, A Professional Corp. Los Angeles, CA Honorable Daniel M. Locallo (Ret.) ADR Systems of America Jonathan B. Marks MarksADR, LLC Bethesda, MD Ronald L. Marmer Jenner & Block Paul L. McDonald Kraft Foods, Inc. Northfield, IL Hon. Edward A. Panelli (Ret.) JAMS San Francisco, CA Kathy D. Patrick Gibbs & Bruns LLP Houston, TX Rudy R. Perrino Fulbright & Jaworski LLP Los Angeles, CA Antonio C. Piazza Gregorio, Haldeman & Piazza San Francisco, CA Gary P. Poon Global InterMediation, PLLC Washington, DC Countess W. Price Monsanto Company St. Louis, MO Professor Stephen A. Saltzburg George Washington University Law School Washington, DC Lorna G. Schofield Debevoise & Plimpton LLP New York, NY Susan R. Steingass Habush Habush & Rottier, S.C. Madison, WI Ray L. Wong Duane Morris LLP San Francisco, CA

3 Program Agenda Wednesday June 9, :30-7:00 p.m. Hosted Cocktail Party at Hugo s Frog Bar/Gibson s Steakhouse (Private Upstairs Room) Each registrant is invited to a hosted cocktail party to meet the faculty and other participants in a relaxed atmosphere in the heart of Chicago. Personal invitation will follow upon registration. Sponsored by Bartlit Beck Herman Palenchar & Scott LLP, Clifford Law Offices, Jenner & Block LLP, and Cohen Kennedy Dowd & Quigley, P.C. Thursday June 10, :00 a.m. Registration 8:45 a.m. Welcoming Remarks: Laura H. Kennedy 8:50 a.m. Lessons Learned from the Father of Contemporary Mediation: Jonathan Marks 9:20 a.m. Navigating the Ethics of Negotiation with Lawrence J. Fox Many ethical issues can arise during the course of a mediation including those related to confidentiality, conflicts of interest and express or implied misrepresentations. Nationally recognized and respected ethics expert Lawrence J. Fox will teach you how to effectively handle these issues. 10:05 a.m. Special Video Presentation: A Conversation with Tony Piazza 10:45 a.m. Break 11:00 a.m. Pursuing a Mediated Resolution: The Path to a Winning Solution 11:50 p.m. Lunch The decisions you make when pursuing mediation affect the viability and value of a negotiated resolution. Our experts thoughtfully consider all aspects of whether, when, and how to pursue mediation, including: timing, sending the right message to the opposition, making or handling pre-conditions to the mediation, identifying the right mediator, framing the negotiating process, and deciding whether to enter and what to include in a mediation agreement. Hon. Edward A Panelli 12:20 p.m. Phil Beck and Bob Clifford: A Love-Hate Relationship with Mediation 1:20 p.m. Strategic Preparation: The Foundation for a Successful Negotiation What you do before you arrive at the mediation is critically important to your success. Learn how the most skilled and successful attorneys prepare the case for mediation, prepare their clients, and deliver just the right message to both the mediator and the opposition in written submissions, and set expectations.

4 2:20 p.m. The Mediation: Pursuing Your Goals 3:20 p.m. Break Effective advocates are not passive participants who simply rely upon the expertise of the mediator to resolve their clients disputes. Rather, effective advocates understand and appreciate the dynamics of the negotiation, actively influence how the mediation unfolds and skillfully use the mediator to the advantage of his/her client. Gain insight on the significant role of the client and general counsel, the techniques used by mediators and skilled counsel to manage the mediation process, how to obtain valuable information, break an impasse, and achieve closure. 3:30 p.m. The Mediation: Pursuing Your Goals, Continued 4:25 p.m. Lessons Learned from the Masters with Ronald Jay Cohen and Professor Stephen A. Saltzburg 4:45 p.m. Adjourn Check Out This ABA Web Store Product! The Corporate Counsel s Guide to Mediation by Gary P. Poon This book is designed to help corporate counsel successfully settle commercial disputes through mediation. There are any number of articles and books written on managing litigation, overseeing outside counsel, and preparing for litigation or arbitration. However, few look at mediation from the perspective of in-house corporate counsel and the unique role they can play in mediation. This step-by-step guide is designed specifically for corporate counsel both within the United States and internationally. Topics include: an overview of the mediation alternative for corporate counsel; drafting mediation clauses; court-directed mediations; selecting the right mediator for your case; preparing a case for mediation; participating in the mediation sessions; follow-up action after the mediation; and cross-cultural mediations. Product Code: Litigation Member Discount Price: $63.95 Regular Price: $79.95 To order or for more information on this and other products, visit and shop at or call

5 Get Involved in the Section of Litigation This National Institute is co-sponsored by the following committees and practice groups of the American Bar Association Section of Litigation: Alternative Dispute Resolution Antitrust Litigation Bankruptcy and Insolvency Litigation Business Torts Litigation Commercial & Business Litigation Condemnation, Zoning and Land Use Litigation Construction Litigation Corporate Counsel Employment and Labor Relations Law Environmental Litigation Family Law Litigation First Amendment & Media Litigation Health Law Litigation Insurance Coverage Litigation Intellectual Property Litigation International Litigation Mass Torts Litigation Minority Trial Lawyer Pretrial Practice & Discovery Products Liability Professional Liability Litigation Real Estate Litigation Securities Litigation Solo and Small Firm The planning committee invites all attendees and their colleagues to join one or more of our sponsoring committees. Membership in up to three committees is free to all members of the ABA Section of Litigation. Go to and enroll online today Membership in committees and practice groups allows you to keep an eye on emerging issues in your areas of practice. No time commitment is necessary. JAMS: The Resolution Experts JAMS is the largest private alternative dispute resolution (ADR) provider in the world. With its prestigious panel of neutrals, JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases those in which the choice of neutral is crucial.

6 Program Information PROGRAM TUITION Attend the entire program, including breakfast, lunch, networking with other registrants and faculty, and receive the written course materials, and pay only... $899 for the General Public $720 for ABA Members (Save $179) $540 for Sponsoring Section and JAMS Members (Save $359) ABA SECTION OF LITIGATION Become an ABA Member, and join this dynamic section when registering for this program at the cost of only $55. Save up to $359 on this program tuition! GROUP AND OTHER DISCOUNTS Register three of more people at the same time to receive an additional $50 reduction on each program tuition. Larger group discounts and special rates for full-time law students, academics, and government employees are also available. For more information, contact Dan Becker at MCLE Mandatory continuing legal education (MCLE) accreditation has been requested from all states that require continuing legal education. Each registrant will also be eligible for MCLE accreditation in those states that require continuing legal education. 6.9 hours of MCLE credit, including 0.75 hours of ethics credit, have been requested in 60-minute states, and 8.3 hours of MCLE credit, including 0.9 hours of ethics credit, have been requested in 50-minute states. For NY-licensed attorneys: This transitional CLE program has been approved for all NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for New York MCLE (8.0 total NY MCLE credits, including 0.5 hours of ethics credit). SCHOLARSHIPS Scholarships to defray tuition expense for National Institutes are available upon application. Preference will be given to public interest lawyers, government lawyers, law professors, and solo or small firm practitioners. For more information on scholarships, visit org/scholarship. SERVICES FOR PERSONS WITH DISABILITIES If special arrangements are required, please contact Dan Becker at Reasonable advance notice is requested. IN-PERSON REGISTRATION If you plan to register in person, please call the ABA at least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Cash payments will not be accepted. CANCELLATIONS Cancellations received 5 business days or more before the program will receive a 100% refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA Service Center at or fax your request to Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the program course materials after the program. PROGRAM CONFIRMATION Written confirmation of your registration will be sent to you upon receipt. Please bring it with you to the national institute as proof of registration. If you do not receive the confirmation notice prior to the presentation, please call the ABA at at least 24 hours in advance to confirm that your registration was received and that the program is being held as scheduled. HOTEL INFORMATION Westin River North 320 N. Dearborn Street P: or Rate: Single/Double $269 All rooms are subject to city occupancy and sales tax. Mention this ABA Meeting to receive the special discounted rate. AIRLINE INFORMATION Airfare discounts are available through directly from the airline or through Orbitz for Business including ABA negotiated discounts on American and United. To book online go to and click under the Orbitz for Business logo at the top of the page and click on the appropriate link in the self paid travel box. For assistance with online and offline reservations, call tollfree To receive discounts directly from the carrier, contact American Airlines at and use discount code A121OSS. Or contact United Airlines at and use discount code 578IG. STANDING COMMITTEE ON CONTINUING LEGAL EDUCATION Under the guidance of the Standing Committee on Continuing Legal Education, the Center for Continuing Legal Education administers and produces national institutes, videolaw seminars, teleconferences, other technology-based products, and written course materials to assist lawyers continuing legal education efforts. David W. Hilgers, Chair Brown McCarroll, LLP Austin, TX ABA CENTER FOR CONTINUING LEGAL EDUCATION Jill Eckert McCall, Director Dan Becker, Associate Director, CLE Courses Brandon Wilhelm, Marketing Manager Sabrina Harris, Administrative Assistant

7 Registration and Order Form To Register and Order: 8 Online: Visit our secured Web site at (credit card only) ( Phone: and Select Option 2 or (credit card only) 7 Fax: (credit card only) Must Include: o MasterCard o VISA o American Express Card Number: Exp. Date: Signature: + Or mail form and payment (with your check payable to the American Bar Association or with VISA, MasterCard, or American Express information) to: The American Bar Association Financial Services, Dept. CEN0MWM P.O. Box Name: Phone: Fax: Organization: Address: (No P.O. Boxes Please) City: State: Zip: National Institute on Mediation with the Masters: Contemporary Strategies for Effective Advocacy in Mediation June 10, 2010 Westin River North TUITION o $899 for the General Public o $720 for ABA Member ABA # o $540 for Sponsoring Section and JAMS Members PRODUCT ORDER FORM Order below or online at o Send me the Mediation with the Masters CD-ROM Audio Package, CEN10MWMCDR (CD-ROM with program audio and printed course materials), available approximately four weeks following the program (General Public, $600; ABA Member, $550; Section Member, $500). Domestic shipping and handling cost is $ o Send me the Mediation with the Masters Printed Course Materials, CEN10MWMB (General Public, $200; ABA Member, $185; Section Member, $175). Illinois residents add 10.25% sales tax; District of Columbia residents add 6% use tax before including domestic shipping and handling charges. Price is subject to change after 6/10/10. ABA MEMBERSHIP o I am interested in becoming a member of the American Bar Association. Please send me information and membership forms. o I am an ABA member but want a further reduction on my tuition for this program. Please enroll me in the Section of Litigation. I ve enclosed a separate check for $55.

8 National Institute on Mediation with the Masters Contemporary Strategies for Effective Advocacy in Mediation Thursday, June 10, 2010 Westin River North 320 N. Dearborn Street To Register or for additional Information: Call or visit our Web site at American Bar Association Center for Continuing Legal Education 321 N. Clark Street, Suite 1900 Chicago, Illinois Nonprofit Organization U.S. Postage PAID American Bar Association

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