Appellate mediation is particularly challenging because the appellee has already been declared a "winner". The mediator's biggest obstacle is convincing the appellee that a trial court victory does not end the story, and that there is value in at least considering a mediated settlement. This workshop will explore various ways to analyze and evaluate risk at the appellate court level, all with an eye toward reaching a negotiated agreement.
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The presenter will provide attendees with a look at the impact of domestic trauma through the Adverse Childhood Experiences Study (ACES) and explain ACES relevance to the practice of mediation. The workshop will include an exploration of the most common mistakes made during mediation in dealing with mental health issues and provide strategies for success.
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A series of quick and thought-provoking simulations highlight ethical challenges attorneys, mediators and arbitrators face during mediations and arbitrations of civil, commercial and family matters. By watching real-life scenarios and engaging in follow-up discourse, audience members will gain a true understanding of the many sticky ethical issues and pitfalls they need to be aware of while representing clients at mediation and arbitration and serving as a third-party neutral. Group discussion will include an analysis of the applicable rules of professional conduct and the options available to counsel with an emphasis on determining ethical courses of action.
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Florida is a home state to many residents who speak limited or no English. The need to provide language access in order for persons with limited English proficiency to access services, such as mediation, is prominent. Language access is much more than just providing written translation and oral interpretation. Beyond utilizing a certified, professional interpreter, a mediator needs to be equipped with knowledge of best practices to conduct an effective mediation. This presentation is offered to mediators who would like to gain knowledge about language access, interpreters' ethical rules and responsibilities, methods and challenges of interpretation, best practice tips when working with an interpreter in the mediation and suggestions for troubleshooting.
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How does a dispute resolution professional “walk the talk” day in and day out? How do we apply lofty concepts about mindfulness, professionalism and authenticity amidst the chaos and emotion of real life? Bernard offers insights about reflection – the most important debriefing, where we reconnect to understand what happened with us in mediation; not just what happened with the parties. We’ll explore the resilience needed when we’ve been blindsided or burned in a mediation; relying upon professional ethics to know how to get back in – or not. Authenticity comes in keeping it real: to measure success as knowing that what we think, feel, say and do are in alignment. Note that the title embraces not only mediators, but can also include insights for court administrators, judges and attorneys.
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Online Dispute Resolution (ODR) – utilizing information technology and the internet to engage conflict – means many things to many people. Some envision it as establishing a new, comprehensive, justice system that can replace traditional courts for providing redress in conflicts arising from the new transactions and interactions of the Information Age. Others see it as a method through which any ADR practitioner can expand their practice beyond geographical constraints.
In this session, Noam Ebner will introduce a dozen categories of ODR, providing past and current examples of each and noting the field’s successes and the professional and ethical challenges it faces. Explaining the impact that ODR will have on the ADR field, as ODR transitions from an incubation stage to one of widespread implementation, Ebner will explain why engagement with developments in ODR are important not only for even the most tech-averse ADR practitioner – but for the ADR field as a whole.
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Join a panel of mediators who conduct all types of cases as they share techniques you can use to become an amazing mediator. Watch a demonstration of the techniques. Discuss real-life scenarios in which mediators took wrong turns and violated basic foundational principles of mediation which affected the parties’ satisfaction and confidence in the process.
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