Tag Archive | "CME"

Advanced Interdisciplinary Collaborative Practice Workshop – Nov. 9-10

Collaborative Practice specialist Victoria Smith leads a two-day workshop to further engage those trained in collaborative practice.

Agenda Day 1:
• Introductions/Goals/Learning Objectives
Overview of Collaborative Process & Professionals

• Advocacy in a Settlement Context – Role play
Redefining the Role of the Advocate
What we keep from traditional advocacy and what’s new
The Spectrum of Advocacy within Collaborative Practice
Understanding Conflict – Role play

• Overview of Interest-based Negotiation
Spectrum of Interests/Core Concerns
The Neuroscience of Interest-based Negotiation – Role play

• The Synergy of Neutrals and Advocates

• Key Communication Skills
Active Listening
Non-defensive Questioning
“I” Statements

• Understanding Fairness
Question & Answer

Agenda Day 2:
• Roadmap of the Team Case
Comprehensive Team Protocols

• Initial Client Meeting – Role play

• The Role of the Law in an Interest
Based Process Understanding Power

• The Interplay between Fairness, the Law & Interests

• Option Generation

• Questions & Answers
Wrap-up & Closing

National Speaker:
Victoria Smith, Victoria Smith Collaborative PC
A Toronto family lawyer with over 30 years of experience. Her passion and life work is to help clients to resolve their separation and divorce wisely and with dignity, and to support an evolution in the legal profession from adversarial advocacy to conflict resolution advocacy. Over 15 years ago, she confined my practice to out-of-court settlement work using Collaborative Law/Collaborative Practice and mediation. She has successfully resolved hundreds of mediations and collaborative cases. She provides workshops to collaborative professionals across North America and internationally to critical acclaim.

She is an empathic and solution-oriented lawyer and mediator, with a recognized capacity to negotiate creative settlements that meet her client’s needs and goals. She believes in educating, coaching and empowering her clients through a separation process that successfully prepares them for the future. Her goal is to help her clients receive their best possible outcome with the least possible emotional and financial turmoil.

Bring a mental health or financial professional & save….
Receive 50% off tuition of second and third professional after first registrant pays full tuition.

To take advantage of this tremendous savings, simply use the following discount codes when prompted at “checkout” and the second and third registrant receive 50% off tuition after the first registrant pays full tuition:
Discount Code for One Colleague = 1colleague
Discount Code for Two Colleagues = 2colleagues

12 CLE / 12 CME – Thursday & Friday, November 9-10

– ICLEF Conference Facility, Indianapolis

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Advanced Civil Mediation Roundtable, November 9 & 10 – French Lick

Michael P. Bishop of Cohen Garelick & Glazier leads our esteemed faculty of experienced mediators exploring issues within the civil mediation process.

Thursday, November 9
2:00 P.M. – 5:15 P.M.
Roundtable discussion of mediation issues

5:30 P.M. -7:00 P.M.
Hosted reception for attendees and guests

Friday, November 10
9:00 A.M. – 12:00 P.M.
Roundtable discussion of mediation issues

• Ethical Issues:  Mediation with pro se claimants; avoiding the appearance of impropriety; coercion by mediators; withdrawing from or refusing mediation. Non-neutrality and providing legal advice.

• Joint Sessions- Yes or No? When?

• Impasse: common reasons; ways of dealing with it; the mediators proposal; adjourning the mediation; bracket negotiations.

• Documenting the settlement agreement:  who prepares the agreement; parties proposed agreements; who signs and when; level of detail; Indiana case review.


Michael P. Bishop – Chair
Cohen Garelick & Glazier, Indianapolis

Barry Bitzegaio
Law Offices of Barry N. Bitzegaio, New Albany

Erik Chickedantz
Burt Blee Dixon Sutton & Bloom LLP, Fort Wayne

Thomas C. Hays
Lewis Wagner LLP, Indianapolis

Richard C Kraege
The Mediation Group, Indianapolis

6 CLE / 6 CME / 1 E – Thursday & Friday, November 9-10

– French Lick Springs Resort & Casino, French Lick, IN

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The Essentials of Family Law – Aug. 31

The Essentials of Family Law – Aug. 31

• Best practices for an initial consultation with a client

• Best practices on how to counsel your client in preparation for a provisional hearing & topics to address during the provisional hearing

• Addressing ethical questions related to conflicts & best practices to avoid them

• Best practices & words of wisdom from the bench

• Legislative & Case Law Update

• Best practices for how to counsel your client in preparation for & during mediation

Teresa A. Griffin, Chair
Faegre Baker Daniels, Indianapolis

Hon. Marie L. Kern
Marion County Chief Magistrate, Indianapolis

Hon. David K. Najjar
Hamilton County Magistrate, Noblesville

Michael P. Commons
Indiana Office of Court Services, Indianapolis

Jonathan R. Deenik
Deenik Law LLC, Greenwood

Darryn L. Duchon
Attorney at Law, Indianapolis

Erin M. Durnell
Broyles Kight & Ricafort PC, Indianapolis

Jesse G. Pace
Broyles Kight & Ricafort PC, Indianapolis

Dustin L. Plummer
Mallor Grodner LLP, Bloomington

Stacy L. Prall
Faegre Baker Daniels, Indianapolis

6 CLE / 1 E / 1 CME – Thursday, August 31; 9:00 A.M. – 4:30 P.M.

– ICLEF Conference Facility, Indianapolis

– May Oberfell Lorber, Mishawaka

– From your home or office computer

– Available after Live Seminar date

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Effective Threats

Marty Latz will be presenting again this year at the ICLEF Conference Facility!
December 1 – Gain the Edge! Negotiating to Get What you Want, 6 CLE / 6 CME / 1 E


Notes on Negotiation: Effective Threats
By Marty Latz, Latz Negotiation Institute

“I’m gonna make him an offer he can’t refuse,” Don Vito Corleone (Marlon Brando) says in The Godfather. Perhaps the greatest movie threat ever, Corleone had dominant negotiation leverage – his counterpart faced certain death if he refused Corleone’s “offer.”

By contrast, the media recently reported that President Donald Trump instructed Interior Secretary Ryan Zinke to speak with Sen. Lisa Murkowski (R-Alaska) on health care and “remind” her of the Interior Department’s control of many issues affecting Alaska.

Trump’s threat didn’t change her vote against the Republican plan.

Of course, I’m not suggesting Trump behave like the Godfather. But there are effective and ineffective threats.

If and when and how should you use threats?

First, understand the fundamental nature of threats. Northwestern Professor Adam Galinsky and Brigham Young Professor Katie Liljenquist define a threat as “a proposition that issues demands and warns of the costs of noncompliance” in “Putting on the Pressure: How to Make Threats in Negotiations” in Harvard’s Negotiation newsletter.

Threats constitute an often-unspoken element in almost all negotiations. They’re actually a super aggressive effort to exercise leverage. Leverage, as my regular readers know, relates in part to the strength of your alternative to a deal with your counterpart (your Plan B if your deal is Plan A) relative to their alternative to a deal with you (their Plan B).

Your ability to negatively impact their perception of their Plan B through a threat – the costs of noncompliance with your offer – strengthens your leverage. The worse you can make their Plan B seem with a threat, the more likely they will accept your Plan A by comparison.

Threats are also not inherently evil. As Galinsky and Liljenquist note, “[r]esearchers have found that people actually evaluate their counterparts more favorably when they combine promises with threats rather than extend promises alone. Whereas promises encourage exploitation, the threat of punishment motivates cooperation.”

Understanding this, follow these four research-based guidelines in deciding how to use threats.

1.    Strategically Plan Your Threats

“Put your bike away now, or no electronics for a week,” you might threaten after you find your 10-year-old’s bike in the driveway for the umpteenth time.

Every parent has lost their temper at some point. Does it help? Usually not.

Threats based on anger, volatile emotion, and momentary pressures are almost always counterproductive. Galinsky and Liljenquist note that “multiple studies have linked anger to reduced information processing, risky behaviors, and clouded judgment.”

Strategically planning your threats in advance, not reacting instinctively, addresses these concerns. Such planning also reduces the possibility of counterthreats and retaliation, which could escalate and spiral out of control.

The goal of a threat is to satisfy your interests. Use it to motivate cooperation, not to punish.

2.    Threaten Only in Limited Circumstances

Northwestern Professor Jeanne Brett and her colleagues, according to Galinsky and Liljenquist, have identified three circumstances in which threats can be necessary and effective:

  • Getting your counterparts to the table when facing a seemingly intractable deadlock (like threatening aggression or sanctions to get a recalcitrant country to engage in peace talks);
  • Breaking an impasse by signaling strength and fortitude (bullies sometimes only respond if you demand respect by flexing your muscles); and
  • As a mechanism to ensure compliance and implementation of an agreement.

The reason to only threaten in limited circumstances? Even well-crafted threats may carry significant negative consequences, as noted by Galinsky and Liljenquist, including:

  • Provoking resistance and anger, thus decreasing your counterparts’ likelihood of granting your wishes;
  • Undermining an agreement’s legitimacy if your counterpart believes it resulted from coercion; and
  • Inciting a desire for vengeance (“[p]sychologists,” Galinsky and Liljenquist write, “have found that revenge has biological foundations, persisting until it is satisfied, like hunger. The more severe a threat’s consequences, the more extreme the retaliation is likely to be.”)

Don’t make threats a regular part of your repertoire. Selectively use them.

3.    Credible Threats Work – Empty Threats are Counterproductive

Don’t start a war you’re not prepared to fight and finish. Former President Barack Obama famously threatened Syria with severe consequences if it crossed a “red line” by using chemical weapons.

What did he do after the world saw unmistakable evidence it had crossed his red line? Said he didn’t have authority from Congress to even engage militarily and negotiated a deal to stop it from happening again.

Did this prevent Syria from doing it again? No. Did Obama and the United States lose significant credibility relating to its future promises and threats with Syria and the rest of the world? Yes.

Reputations matter, especially relating to the credibility of threats.

4.    Frame Your Threats to Satisfy Your Counterparts’ Interests

Effective threats should also be framed so they can be realistically satisfied and not engender ill will. They should thus:

  • be specific and detailed;
  • address your counterpart’s interests;
  • be delivered respectfully in a measured, serious tone;
  • include meaningful consequences;
  • link to a timeline; and
  • possibly include an escape route if circumstances change.

Also use them sparingly in situations involving a future relationship between the parties. Threats can backfire long-term.

Then-President Ronald Reagan in 1981 threatened 12,000 striking air traffic controllers with the loss of their jobs if they did not report back to work “within 48 hours” of his statement. 11,359 did not comply. He fired them.

According to Galinsky and Liljenquist, “[m]any observers view Reagan’s controversial threat and follow-through as a pivotal moment in his presidency and the foundation for future political victories.”

Latz’s Lesson:  I’ve made you an offer here you can easily refuse. Don’t. As Clint Eastwood/Dirty Harry would say – “make my day.”


Marty Latz will be presenting again this year at the ICLEF Conference Facility!
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

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