Tag Archive | "CME"

CME-Family-MobBB

CME for Family Mediators – Aug. 18

TOPICS:
• Mediating Cases Involving Domestic Violence and Reporting Issues

• Owning the Room: Establishing and Maintaining Control in Mediation

• Pros and Cons of Marathon Sessions v. Multiple Sessions

• Financial Considerations

• Dealing with Difficult Clients and Attorneys

• Forms and Best Practices – Balance Sheets, Forms, Sample Language

• Mediating the Low Income Case

• Party Crashers: Dealing with Non Parties Who Attend

• Ethics: When Lawyers Give Bad Advice

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FACULTY:
Lana Pendoski – Chair
Newton Becker Boukamp Pendoski P.C., Indianapolis

Christopher J. Barrows
Barrows Legal Group LLC

Kerry Hyatt Bennett
Indiana Coalition Against Domestic Violence, Indianapolis

Kathryn Hillebrands Burroughs
Cross Pennamped Woolsey & Glazier, Carmel

Elisabeth M. Edwards
Wanzer Edwards, Indianapolis

Lisa Fears
Law Resource Center, Franklin

Dr. Bart Ferraro
Meridian Psychological Associates P.C., Indianapolis

Jill E. Goldenberg
Schuman Cohen Garelick & Glazier, Indianapolis

Mark Hildebrand
Holistic Financial Partners LLC, Indianapolis

Greg Noland
Emswiller, Williams, Noland & Clarke, P.C.

James A. Reed
Bingham Greenebaum Doll, Indianapolis

Robert N. Reimondo
Capper Tulley & Reimondo, Crawfordsville

Melanie Reichert
Broyles Kight & Ricafort P.C., Indianapolis

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CME FOR FAMILY MEDIATORS
6 CLE / 6 CME – Friday, August 18; 9:00 A.M. – 4:30 P.M.

LIVE IN-PERSON SEMINAR
– ICLEF Conference Facility, Indianapolis

VIDEO REPLAY SEMINARS
– Available after the Live Seminar date

 

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Sale/Featured Items0 Comments

ElderLawMed-MobBB

Elder Law Mediation – June 28

TOPICS:
• Differences Between Elder Law and Other Types of Mediation

• Pre-Mediation Intake Screening and Who Should Be present at Mediation

• Ethics of Elder Law Mediation

• Understanding The Red Flags of Elder Abuse – Mental and Physical Effects of Aging That Mediators Need to Know
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FACULTY:
Samuel L. Bolinger, Chair
Samuel L. Bolinger & Associates, Fort Wayne

Charles M. Kidd
Indiana Supreme Court Disciplinary Commission, Indianapolis

Dr. Mary Guerriero Austrom, PhD
Indiana University Department of Psychiatry, Indianapolis
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ELDER LAW MEDIATION
3 CLE / 3 CME / 1 E – Wednesday, June 28; 9:00 A.M. – 12:15 P.M.

LIVE IN-PERSON SEMINAR
– ICLEF Conference Facility, Indianapolis

LIVE INDIVIDUAL WEBCAST
– From your home or office computer
Please Note: CME is Not Available via Individual Webcasts

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A Matter of Style

Marty Latz will be presenting twice this year at the ICLEF Conference Facility!
June 7 – How to Say “NO” & Preserve the Relationship, 6 CLE / 6 CME / 1 E
December 1 – Gain the Edge! Negotiating to Get What you Want, 6 CLE / 6 CME / 1 E

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Notes on Negotiation
By Marty Latz, Latz Negotiation Institute

‘Stan’ was a jerk. Totally self-absorbed with a massive ego, he was super aggressive and always breaking the rules. Reputation-wise, most people couldn’t stand him. Brilliant at software, though, he had developed a superb product.

The deal – based on an objective analysis of your financial and other interests – appeared to be excellent. But Stan would have a significant role going forward. So how you interacted and negotiated would be extremely significant.

Should you buy control of Stan’s company?

The biggest red flag, of course, is Stan’s personality style.  What does that mean?

Here are five qualities to evaluate in assessing your counterpart’s negotiation style. Developed by Marquette Law School Prof. Andrea Kupfer Schneider in “Teaching a New Negotiation Skills Paradigm” (Washington Univ. Journal of Law and Policy, 2012), I have also added my own thoughts here.

Keep in mind the following, too:

  • Each quality exists on a spectrum. And we all exhibit elements of each, some more than others.
  • These reflect tendencies, not immutable characteristics. Each can be improved upon with self-awareness, training and practice.
  • These are styles – not strategies. They relate less to what you do and more with how you do it. Of course, these overlap.
  • Individuals modify how they implement these styles between negotiations and even within negotiations.

1.    Assertiveness
Assertiveness relates to an individual’s aggressiveness in their negotiation interactions. How forcefully and competitively do they engage? Conversely, how much do they shy away from the conflict that inevitably exists sometimes?

Effective negotiators exhibit strong assertiveness traits – but know when, where and how to modify and modulate them.  Too much assertiveness can result in an overly adversarial environment that can be counterproductive. Too little assertiveness can leave unrealized value on the table.
I once worked with a super assertive lawyer. An excellent litigator, his negotiation style and skills were underdeveloped – everything was a fight. Finding any common ground was extremely difficult.

2.    Empathy
Schneider writes “being empathetic in a negotiation [requires] a complex mix of skills – a willingness to hear the other side, open-mindedness or curiosity, good questioning and excellent listening, among others.” Emotionally intelligent individuals score high on empathy.
Developing this skill means becoming a more active and deep listener and questioner. Highly empathetic negotiators also fundamentally believe their counterparts can help them get what they want. Empathy is especially crucial in negotiations involving future relationships between the parties.

3.    Flexibility
Flexibility sounds good. But too much flexibility can be a liability, reflecting a willingness to change too often without justification.  Too little flexibility – stubbornness – can also be problematic.
Schneider notes that “[talented] negotiators work to find a variety of ways to get the job done both in their strategic choices as well as more flexible outcomes. Being flexible in negotiation allows a stylistic move from simple compromising to more sophisticated integrative solutions. It also helps to prevent stalemate.”

Being open to creative options you may not initially consider is another element of flexibility. Brainstorming, sometimes with your counterpart, often brings out this quality in negotiators.

4.    Social Intuition
Schneider’s research finds that these social skills translate to negotiation effectiveness: personable, rational, perceptive, self-controlled, sociable, helpful, and smooth. Other research cited by Schneider suggests that how we interact and present to others and the importance of being nice are traits associated with successful individuals.

Appropriate tone and positive moods also translate to making negotiators more creative and effective. The opposite, too. Don’t underestimate the power of sociability and rapport and relationship-building in negotiations.

5.    Ethicality
Your reputation for trustworthiness and a willingness to follow ethical principles correlate to your negotiation effectiveness, according to Schneider and others.

Of course, trustworthiness in negotiations does not mean you simply lay all your cards on the table. Some misdirection is expected and warranted in many negotiations.

If my client is desperate to sell his business, I would not share this with a buyer.

Remember, though, your reputation derives not from your belief in your trustworthiness and ethics – but how your counterpart describes you after the negotiation.

So what about Stan? Here’s my style rating of him: high assertiveness, super low empathy, medium flexibility, low social intuition, problematic ethicality. Too many red flags. Walk away.

Latz’s Lesson:  Research and evaluate your counterparts’ personality style. A good or bad style fit can make or break your deal.

______________________________________________________________________

Marty Latz will be presenting twice this year at the ICLEF Conference Facility!
June 7 – How to Say “NO” & Preserve the Relationship, 6 CLE / 6 CME / 1 E
December 1 – Gain the Edge! Negotiating to Get What you Want, 6 CLE / 6 CME / 1 E

______________________________________________________________________

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts’ proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Blog, Negotiation/Mediation Blog0 Comments

How to Say “No” & Preserve the Relationship – June 7

How to Say “No” & Preserve the Relationship – June 7

In this program led by negotiation expert Martin Latz, participants will shift their mindsets and behavior from instinctive to strategic based on experts’ proven research. Next time you face a situation, you will systematically think about which strategies to use and have a framework within which to approach it. How you say “no” will then be based not only on your own experience, but collective experiences of the best negotiators in the world and on the most up-to-date research.

TOPICS:
• Introduction – The “Family Negotiation Story”

• Participants’ Challenges in Saying “No”

• Discuss Latz’s Five Golden Rules in How to Say “No” & Preserve the Relationship,
including:

   – Information and Interests are Key – Don’t jump to “No”
   – How to Explore Mutual Interests
   – Ways to Open Up and Share More to Strengthen Relationships

• Prepare a Strategic Plan to Say “No”
   – Individually select an example
   – Prepare a Strategic Plan based on taught elements to say “No”

* Discuss Latz’s Five Golden Rules in How to Say “No” & Preserve the Relationship,
   including:
   – Understanding the Meaning of “No”
   – When to Say “No” and When to Say “Yes”

• Continue to Prepare a Strategic Plan to Say “No”
   – Prepare a Strategic Plan based on taught elements to say “No”

• Negotiation Ethics – Part I, including discussion of Stalking Horse Scenario and its:
   – Morality – is it right or wrong?
   – Ethics or Legality – does it cross the legal or ethical line?
   – Effectiveness – does it work?

• Discuss Latz’s Five Golden Rules in How to Say “No” & Preserve the Relationship,
   including:

   – Powerful Standards that Lessen the Negative Impact of “No”

• Prepare a Strategic Plan to Say “No”
   – Individually prepare a Strategic Plan based on taught elements to say “No”

• Negotiate One-on-One Exercise

• Debrief Exercise, focusing on:
   – Elements that worked well, not well and how to improve in the future

• Discuss Latz’s Five Golden Rules in How to Say “No” & Preserve the Relationship,
including:

   – Ways to Frame a “No” with a Yesable Offer
   – Language to Psychologically Make Them Feel Good When Hearing “No”
   – When to Involve Others in the “No” Conversation
   – How to Control the Setting to Improve the Relationship
   – Impasse-Breaking Strategies if You Say “No” You Reach Impasse

• Prepare a Strategic Plan to Say “No”
   – Prepare a Strategic Plan based on taught elements to say “No”

• Negotiate One-on-One Exercise

• Debrief Exercise, focusing on:
   – Elements that worked well, not well and how to improve in the future

• Negotiation Ethics – Part II, including discussion of
   The “False Promise” Scenario & its:

   – Morality – is it right or wrong?
   – Ethics or Legality – does it cross the legal or ethical line?
   – Effectiveness – does it work?
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NATIONAL SPEAKER:
Martin E. Latz, Esq.
Latz Negotiation Institute, AZ
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HOW TO SAY “NO” & PRESERVE THE RELATIONSHIP
A NATIONAL SPEAKER SEMINAR
6 CLE / 6 CME / 1 E – Wednesday, June 7; 9:00 A.M. – 4:30 P.M.

LIVE IN-PERSON ONLY SEMINAR
– ICLEF Conference Facility, Indianapolis

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