Tag Archive | "CME"

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.

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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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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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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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Introductory Interdisciplinary Collaborative Practice Training, May 11-12

ICLEF has partnered with the IACP to provide a comprehensive two-day training that will help legal, mental health and financial professionals gain a strong foundation in Collaborative Practice. Taught by a highly experienced interdisciplinary team, the training focuses on the skill sets of each profession and the integration of those skills in the process. Participants will be introduced to the theories, practices, and skills needed to begin a Collaborative practice. This program will also be helpful to those who wish to refresh their initial Collaborative training experience and deepen their understanding, while networking with other colleagues in the Collaborative community.

No need to travel far….
ICLEF is bringing Internationally acclaimed trainers Mariette Geldenhuys, Barbara Hummel and Lisa Schnieder right here to the Hoosier state to teach a two-day Introductory Interdisciplinary Training, which meets IACP Standards and is designed to provide you with the foundation necessary for success as a Collaborative practitioner.

What will you learn?
• How the collaborative team process works, the professionals involved and the wisdom of teams
• Advocacy in a collaborative context and understanding advocacy needs
• The importance of neutrality
• Understanding of interest-based negotiation
• Knowledge of Spectrum of Interest/ Core Concerns
• Facilitation of an initial client meeting and how to explain the process
• Overcoming resistance and perspectives of fairness
• Comprehensive Team Protocols,  screening and process design
• Professional team preparation and critical debriefing

What is the IACP?
The IACP is the International Academy of Collaborative Professionals, an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict.

Vision: Transform how conflict is resolved worldwide through Collaborative Practice.

Mission: IACP supports Collaborative Practice as a conflict resolution option worldwide by:
• establishing & upholding the essential elements, ethical & practice standards of Collaborative Practice;
• fostering professional excellence by educating and providing resources to Collaborative practitioners;
• leading and integrating the Collaborative community; and
• promoting the growth of Collaborative Practice.

Our IACP trainers are experienced pioneers in Collaborative Practice
Lisa Schneider has participated in the establishment, growth and on-going training of Collaborative Practice Groups around California’s Bay Area since 2002. She regularly presents at annual California Collaboration Conferences and is a part of a Collaborative Divorce Training Consortium, training practitioners nationally and internationally. Lisa believes that sharing experiences and learning from other financial specialists is instrumental in the development of the financial professionals’ role in Collaborative cases. She is an active member in many associations and committees, and is the recipient of the 2013 Eureka award in recognition of her commitment and dedication to Collaborative divorce.

Mariette Geldenhuys is Founder and Past President of the Ithaca Area Collaborative Law Professionals (IACLP), Mariette brought Collaborative Law to the Ithaca, New York community in 2003 and has actively promoted its growth and expansion. She designed public education presentations and instituted a mentoring program for newly admitted attorneys for the IACLP.  Mariette has presented Collaborative Practice training (both basic and advanced training) since 2006 in New York, New York; Ithaca, New York; Anchorage, Alaska; Dutchess County, New York; and Binghamton, New York. She has been a workshop coordinator and presenter at the Annual Forum of the International Academy of Collaborative Professionals from 2005 through 2010. She was also a presenter at a symposium on “No Borders, No Barriers: Legal issues for Lesbian, Gay, Bisexual and Transgender Clients and their families in the United States and Canada” in Niagara Falls, Canada, in June 2006.

Barbara Hummel, M.Ed., LPC is a Licensed Professional Counselor in private practice in Cincinnati, Ohio since 1988.  Before beginning her Collaborative work, Barbara conducted Effective Parenting seminars for 15 years, authored numerous articles addressing family issues and communication skills and appeared on local television and radio segments focused on topics related to effective parenting, successful co-parenting relationships, stepfamilies and divorce.  Barbara began working as a Family Relations Specialist in the Collaborative process in 2001 and became a family mediator in 2004.  Her work focuses on assisting couples and families resolve their differences and develop more respectful relationships.  Barbara is a past Co-Chair for the Cincinnati Academy of Collaborative Professionals in Cincinnati, OH, and has served on the local board for over ten years.  Currently, Barbara is a faculty member for the International Academy of Collaborative Professionals.

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Come as a team and SAVE as a team!
To help make the decision to attend less of an economic one, and to promote the significance of the “interdisciplinary team approach” in Collaborative Practice, ICLEF extends an opportunity to join us as a team and save.

After the initial registrant, save 50% on each additional registration for our training when you register to attend the training with another professional colleague!  In other words, as many as three interdisciplinary colleagues can attend for the tuition of two!

For example, if you as an attorney register to attend at full tuition, when you invite a Financial Professional and/or Mental Health Professional to join you, they may attend at 50% off the standard tuition.

Pass along the savings or share the savings with your colleagues and enhance the training experience for you all!

Tuition:
$450 standard tuition (includes Credit Hours, Training Materials, and Refreshments)

$225 colleague tuition – available when professionals register together, after one professional registers at standard tuition. (includes Credit Hours, Training Materials, and Refreshments)
       – Use Discount Code “colleague” to save 50% on second registrant tuition
– Use Discount Code “colleague2” to save 50% on second and third registrant tuition

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Introductory Interdisciplinary
Collaborative Practice Training
12 CLE / 12 CME – May 11 & 12

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

 

 

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