This information-rich seminar will provide you with resources to enhance your ADR skills. Learn how to improve your ability to mediate in the face of negative emotions, and gain strategies for implementing post-agreement provisions when faced with resistance to change. Discover how two types of nonverbal behavior, “thin slicing” and subliminal influence, apply to mediation. The seminar also offers four breakout sessions: critical issues in arbitration; mediation styles; confidentiality horror stories; and controlling discovery in arbitration. Special guest presenter Professor Michael Moffitt, University of Oregon School of Law, discusses “Islands, Vitamins, Salt, Germs—Four Visions of the Future of ADR in Law Schools.”
Cosponsored by the Alternative Dispute Resolution Section.
To purchase CD or DVD products for this seminar, please call the OSB CLE Service Center at (503) 431-6413, toll-free in Oregon at (800) 452-8260, ext. 413.
Seminar Topics
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Anger and Fear: When Negative Emotions Are Parties in Your Mediation
People in conflict often feel angry or fearful, which may result in destructive behavior during a mediation. These emotions and reactions can be the most difficult obstacle to reaching a settlement. This session explores how to improve our abilities to mediate in the face of negative emotions.
Professor Richard Birke, Willamette University College of Law, Salem
Critical Issues in Arbitration
Discuss the practical effects of arbitration settlements on arbitrators and lawyers and the important of pleadings. Learn how to best serve your client by using or not using preliminary motions and the advantages and disadvantages of arbitration versus judicial proceedings.
Jeffrey M. Batchelor, Markowitz Herbold Glade & Mehlhaf PC, Portland Charles E. Corrigan, Law Office of Charles E. Corrigan PC, Portland Susan D. Marmaduke, Harrang Long Gary Rudnick PC, Portland
Mediation Styles—Do They Matter?
The mediator, the parties, and their counsel all bring their personalities and character traits to the mediation process. This session focuses on how to best evaluate these personal differences and their effect on a particular mediation and how to choose a mediator who will give your case the best chance of settling.
Lisa A. Amato, Wyse Kadish LLP, Portland Susan M. Leeson, Staff Mediator, Oregon Federal District Court, Salem
Nonverbal Intelligence—The “Art” in the Practice of Mediation
Nonverbal behavior is no longer just about body language. Explore how two applications of nonverbal behavior, “thin slicing,” made popular in Blink by Malcolm Gladwell, and subliminal influence apply to mediation.
René-Marc Mangin, Ph.D., Vancouver, WA, author, Mind in Motion
Islands, Vitamins, Salt, Germs—Four Visions of the Future of ADR in Law Schools
Professor Michael Moffitt, University of Oregon School of Law, Eugene
Confidentiality—Horror Stories You Don’t Want to Be In
Look at problems that arise in mediations related to confidentiality both for the mediator and the participants. Learn how to deal with these issues and how to avoid them.
Samuel J. Imperati, Institute for Conflict Management, Portland
When Is “Enough” Enough? Controlling Discovery in Arbitrations
Uncontrolled discovery is a major culprit in derailing an efficient arbitration. Gain practical methods to control the discovery process while balancing the parties’ right to present their case.
William B. Crow, Schwabe Williamson & Wyatt PC, Portland Serena K. Lee, American Arbitration Association, Seattle O. Meredith Wilson, Jr., Wilson Dispute Resolution, Portland
Change Resistance: How It Affects Dispute Resolution and What You Can Do About It
Implementing post-agreement provisions can be difficult when change resistance is encountered. Take a look at common barriers to post-agreement implementation, why people resist change, implications for dispute resolution professionals, and strategies for managing change resistance.
Professor Jennifer Reynolds, University of Oregon School of Law, Eugene
Please note that it may take up to 30 days after you complete an online seminar for it to appear on your online MCLE Compliance Report at www.osbar.org.
Listening to an MP3 download is considered self-study and should be reported on OSB MCLE Form 6 (Contemporaneous Individual Screening Log). For reporting questions, please visit http://www.osbar.org/mcle or call the OSB MCLE Department at (503) 431-6368 or toll-free in Oregon at (800) 452-8260, ext. 368.
Credit Information
8.25 Total CLE Units, 1.00 of which may be applied toward Ethics, 6.50 of which may be applied toward Practical Skills Credit
