HomeWebcastMediating Corporate Disputes Successfully – Avoidance Of Litigation’s Perils
Mediating Corporate Disputes CLE

Mediating Corporate Disputes Successfully – Avoidance Of Litigation’s Perils

Live Webcast Date: Wednesday, August 17, 2011 from 12:00 pm to 2:00 pm (ET)
Legal (CLE)Recording

Mediating Corporate Disputes

Join us for this Knowledge Group Mediating Corporate Disputes Webinar. 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 Perspective

    Let’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.

Mediating Corporate Disputes

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 Perspective

    Let’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?

Mediating Corporate Disputes

Mediating Corporate Disputes

Irving B. LevinsonPartnerK&L Gates LLP

Irving B. Levinson, a partner with K&L Gates LLP, concentrates his practice in complex business and corporate litigation and ADR, including lawsuits and arbitrations arising out of acquisitions, securities litigation, real estate, corporate and intellectual property litigation and products liability and construction lawsuits. With over 38 years of litigation experience, he has tried numerous cases in federal and state courts throughout the United States and consulted on cases in Australia, Canada, China, Germany and Japan. Mr. Levinson is a court-certified mediator for the Circuit Court of Cook County Court-annexed Major Case Civil Mediation Program. Mr. Levinson is a frequent speaker and author on litigation strategy, mediation and commercial arbitration. He was an Adjunct Professor of Law at Northwestern University Law Center, where he taught Trial Advocacy.

Mediating Corporate Disputes

Craig C. MartinPartnerJenner & Block LLP

Craig C. Martin is a partner in Jenner & Block’s Chicago office and is Co-Chair of the Firm’s Litigation Department. He is a member of the Complex Commercial Litigation and ERISA Litigation Practices. He is also a member of the Firm’s Policy Committee. Mr. Martin is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.

Mr. Martin practices in complex civil and commercial litigation involving a wide variety of substantive areas of the law, including attorney discipline and malpractice, civil and criminal antitrust, civil racketeering, civil rights, commercial law, contracts, employment, environmental, ERISA, estates and trusts, financial institution fraud, government contracts, intellectual property, insurance coverage, product liability, shareholder class action and derivative actions, tort and mass tort.

Mr. Martin represents Fortune 500 companies and wealthy families in complex commercial litigation across the country in both state and federal courts. He has been lead trial counsel in matters involving civil rights, employment, breach of fiduciary duty, intellectual property, whistle-blower, tort and breach of contract. In addition to an active trial practice, Mr. Martin has represented clients in proceedings involving temporary restraining orders and preliminary injunctions in matters involving employment, real estate and intellectual property. He has represented clients in mediations and arbitrations principally in the areas of corporate joint ventures and other cooperative arrangements as well as disputes arising subsequent to corporate deals. Mr. Martin represents and has represented indigent clients pro bono in civil matters involving securities fraud, civil rights and political asylum, and in a number of criminal matters including murder cases in which the state has sought the death penalty. He has represented clients in appellate matters in most of the federal circuit courts of appeals.

Mediating Corporate Disputes

Michael J. SchlessAttorney and Counselor at Law (Immediate Past-President Association of Attorney-Mediators)Michael J. Schless, P.C.

Mediating Corporate Disputes

Thomas L. AllenPartnerReed Smith LLP.

Tom is a member of the Financial Industry Group, practicing in the area of Financial Services Litigation. Tom has more than 25 yearsʹ experience defending business clients in complex litigation, including consumer finance, antitrust, securities, intellectual property, business fraud and other commercial cases. Tom has been lead defense counsel in numerous jury trials. He has spearheaded the defense of more than 75 class actions in courts throughout the United States and is familiar with all aspects of class action practice. Tom also has extensive experience in coordinating the defense of multiple cases pending simultaneously in different courts, and the defense of parallel civil and criminal matters.

Tom has been with Reed Smith during his entire career in private practice, and he was elected a partner in 1988. Tom has held a number of leadership positions at the firm. When Reed Smith combined with California‐based Crosby Heafey in January 2003, Tom relocated to Los Angeles for 18 months to assist in the integration of the firms while maintaining his national litigation practice.


Click Here to Read Additional Material

Mediating Corporate Disputes

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   114107

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

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.

Irving B. Levinson, a partner with K&L Gates LLP, concentrates his practice in complex business and corporate litigation and ADR, including lawsuits and arbitrations arising out of acquisitions, securities litigation, real estate, corporate and intellectual property litigation and products liability and construction lawsuits. With over 38 years of litigation experience, he has tried numerous cases in federal and state courts throughout the United States and consulted on cases in Australia, Canada, China, Germany and Japan. Mr. Levinson is a court-certified mediator for the Circuit Court of Cook County Court-annexed Major Case Civil Mediation Program. Mr. Levinson is a frequent speaker and author on litigation strategy, mediation and commercial arbitration. He was an Adjunct Professor of Law at Northwestern University Law Center, where he taught Trial Advocacy.

Craig C. Martin is a partner in Jenner & Block’s Chicago office and is Co-Chair of the Firm’s Litigation Department. He is a member of the Complex Commercial Litigation and ERISA Litigation Practices. He is also a member of the Firm’s Policy Committee. Mr. Martin is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.

Mr. Martin practices in complex civil and commercial litigation involving a wide variety of substantive areas of the law, including attorney discipline and malpractice, civil and criminal antitrust, civil racketeering, civil rights, commercial law, contracts, employment, environmental, ERISA, estates and trusts, financial institution fraud, government contracts, intellectual property, insurance coverage, product liability, shareholder class action and derivative actions, tort and mass tort.

Mr. Martin represents Fortune 500 companies and wealthy families in complex commercial litigation across the country in both state and federal courts. He has been lead trial counsel in matters involving civil rights, employment, breach of fiduciary duty, intellectual property, whistle-blower, tort and breach of contract. In addition to an active trial practice, Mr. Martin has represented clients in proceedings involving temporary restraining orders and preliminary injunctions in matters involving employment, real estate and intellectual property. He has represented clients in mediations and arbitrations principally in the areas of corporate joint ventures and other cooperative arrangements as well as disputes arising subsequent to corporate deals. Mr. Martin represents and has represented indigent clients pro bono in civil matters involving securities fraud, civil rights and political asylum, and in a number of criminal matters including murder cases in which the state has sought the death penalty. He has represented clients in appellate matters in most of the federal circuit courts of appeals.

Tom is a member of the Financial Industry Group, practicing in the area of Financial Services Litigation. Tom has more than 25 yearsʹ experience defending business clients in complex litigation, including consumer finance, antitrust, securities, intellectual property, business fraud and other commercial cases. Tom has been lead defense counsel in numerous jury trials. He has spearheaded the defense of more than 75 class actions in courts throughout the United States and is familiar with all aspects of class action practice. Tom also has extensive experience in coordinating the defense of multiple cases pending simultaneously in different courts, and the defense of parallel civil and criminal matters.

Tom has been with Reed Smith during his entire career in private practice, and he was elected a partner in 1988. Tom has held a number of leadership positions at the firm. When Reed Smith combined with California‐based Crosby Heafey in January 2003, Tom relocated to Los Angeles for 18 months to assist in the integration of the firms while maintaining his national litigation practice.

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