Mediating Corporate Disputes Successfully – Avoidance Of Litigation’s Perils
Overview:
This program offers powerful, pragmatic tools to enable businesses and their legal counsel to resolve the most difficult disputes, without the expense and business angst of long, drawn-out litigation. The speakers will address how to transform the present litigation paradigm to obtain enormous cost savings, eliminate e-discovery horrors and prevent out-of-control verdicts. The speakers will focus on whether, when and how to mediate effectively. They will also address how to create a dispute resolution business environment that advances the objective of avoiding litigation through sensible dispute resolution mechanisms. The program materials will identify 101 ways to effectively mediate a company’s most troublesome litigation and non-litigation disputes.
In this live 2-hour webcast, dispute resolution experts will offer their substantive viewpoints to help you solve disputes effectively. A live interaction with the audience in a question and answer format is also included in this event. Click the “Register” button below to enroll in this course. Hurry as space is limited and significant discounts apply to early registrants.
Agenda:
SEGMENT 1:
Irving B. Levinson, Partner,
K&L Gates LLP
- Shaping Successful Mediation Strategies Even Before You Begin Your Mediation
Preparing For The Mediation; An Advocate’s Perspective- The transformative power of mediation can result in enormously satisfied and loyal business clients for both in-house and outside legal counsel.
- Mediation demands as serious attention as trials; careful preparation and intelligent strategies can forge game-changing mediation victories.
- What occurs sixty days prior to mediation can dramatically increase your client’s likelihood of mediation success.
- Clients and counsel can set the stage for creative and pragmatic solutions to the most troublesome business disputes even prior to the beginning a mediation.
SEGMENT 2:
Craig C. Martin, Partner,
Jenner & Block LLP
- Presenting Your Client’s Case In Mediation: a Trial Lawyer’s Perspective
- Tailoring your oral presentation to the intended audience, which, in mediation, is the opposing side, not a judge or a jury; avoiding animosity.
- Effective presentation of factual evidence as a subtle message about your client’s ability and willingness to proceed to trial, if necessary: use of demonstrative aids, having key witnesses available by phone.
- Impact of potential further steps on the mediation strategy: subsequent arbitration vs. traditional litigation (i.e. consequences of disclosing “surprise” factual evidence and new legal theories in mediation; preserving attorney-client privilege during mediation).
SEGMENT 3:
Michael J. Schless, Attorney and Counselor at Law (Immediate Past-President Association of Attorney-Mediators),
Michael J. Schless, P.C.
- Mediating Corporate Disputes Successfully
Conducting the Mediation: A Neutral’s PerspectiveLet’s Make a Deal: Looking for a Business Solution
- Fact or Fiction: “It’s Not Personal; It’s Just Business”
- Assets and Liabilities: Tending to Relationships As Well as Dollars
SEGMENT 4:
Thomas L. Allen, Partner,
Reed Smith LLP
- Mediation and the Lawyer-Client Relationship
Some things lawyers should consider as they approach mediation:- Has the lawyer fully informed the Client about the potential risks and benefits of litigation, particularly the potential financial impact of an adverse judgment and the cost of litigating the case to judgment?
- Who is the Client (i.e., who is the ultimate decisionmaker)?
- What does the Client want?
- If the Client wants to fight, but the lawyer thinks settlement is in the Client’s best interest (or vice versa), what should the lawyer do?
- What is the Client’s negotiating style/strategy?
Who Should Attend:
- In-house counsel interested in pursing business-friendly mediation processes to avoid the perils of litigation.
- General Counsel & Litigation Attorneys
- Business executives wanting to create a company environment that resolves disputes without the expense and unpredictability of litigation.
- Trial lawyers wanting to showcase client-friendly mediation skills and strategies, and to earn clients’ loyalties and business.
- Mediators desiring greater insights into why businesses choose to mediate, and how they can assist businesses achieve successful dispute resolutions.
Irving B. Levinson, a partner with K&L Gates LLP, concentrates his practice in complex business and corporate litigation and ADR, …
Craig C. Martin is a partner in Jenner & Block’s Chicago office and is Co-Chair of the Firm’s Litigation Department. …
Tom is a member of the Financial Industry Group, practicing in the area of Financial Services Litigation. Tom has more …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
114107
Total Credits:
2.0 CLE
Login Instructions:
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SPEAKERS' FIRMS:
About K&L Gates LLP
Website: https://www.klgates.com/Home.aspx
About Jenner & Block LLP
Website: https://jenner.com/
About Michael J. Schless, P.C.
Website: https://www.attorney-mediators.org/
About Reed Smith LLP.
Reed Smith is a global relationship law firm with more than 1,600 lawyers in 22 offices throughout the United States, Europe, Asia and the Middle East. Founded in 1877, the firm represents leading international businesses, from Fortune 100 corporations to mid-market and emerging enterprises. Its lawyers provide litigation and other dispute resolution services in multi-jurisdictional and other high-stakes matters; deliver regulatory counsel; and execute the full range of strategic domestic and cross-border transactions. Reed Smith is a preeminent advisor to industries including financial services, life sciences, health care, advertising, technology and media, shipping, energy trade and commodities, real estate, manufacturing, and education. For more information, visit reedsmith.com.
Website: Reed Smith LLP.