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Preparing for Mediation – It’s Not What It Used to Be

Friday, January 25, 2008
Noon – 5:00 p.m.

Sponsored by Seattle University School of Law Office of Continuing Legal Education

CLE Credits: 4 General CLE credits anticipated

While the uses of mediation have expanded in substantive areas and technique, many attorneys have yet to realize how much this evolution has affected preparation for mediation. In this program, experienced attorneys and mediators will explain why mediation can no longer be approached casually and why and how you should prepare to win your case in mediation.

Speakers

Program Schedule and Topics

11:30 a.m. -
Noon
Box Lunch (Provided)
Noon -
12:15 p.m.
Welcome and Opening Remarks
12:15 -
12:45 p.m.
Session 1: Mediation – The New Trial
Speaker: Paul Whelan
12:45 -
1 p.m.
Panel Response with Q & A
1 -
1:45 p.m.
Session 2: Using Video to Present Your Case for Mediation
Speaker: Peter O’Neil

Attorneys collect many different kinds of information while developing a case—photographs, documents, home movies, tests, news video, video depositions, and more. Mr. O’Neil will explain how video can be used to synthesize this information into a short, but powerful, presentation that maximizes the impact of your presentation to the mediator.
1:45 -
2 p.m.
Panel Response with Q & A
2 -
2:15 p.m.
Refreshment Break
2:15 -
3 p.m.
Session 3: How to get the Mediator to Undermine your Opponents Position
Speaker: Michael Withey

At some point in the mediation process, the mediator will be communicating “one on one” with the parties. How the mediator understands the strengths and weaknesses of both sides becomes critical. This presentation will explore ways you can educate about the weaknesses of your opponent’s approach and suggest the most effective ways of communicating those points to opposing counsel.
3 -
3:15 p.m.
Panel Response with Q & A
3:15 -
3:45 p.m.
Session 4: What You Can and Should Do to Persuade a Mediator
Speaker: H. Scott Holte
3:45 -
4 p.m.
Panel Response with Q & A
4 -
4:30 p.m.
Session 5: Ethics in Mediation
Speaker: Michele Sales
Simply because the Revised Code of Washington provides for confidentiality of mediation proceedings, your ethical obligations are not checked at the door of the mediation. This session will address ethical considerations involved in preparing for mediation, as well as issues that may arise during the mediation, and offer suggestions on how to represent your client vigorously but ethically.
4:30 -
5 p.m.
Panel Response with Q & A; Closing Remarks

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