Advanced Civil Mediation 2023

This seminar has been concluded. Please join us next time.

Advanced Civil Mediation 2023

Part of the Masters Series Summer Conference

DISCUSSION TOPICS:

• Beginning the mediation

• The most important things for a mediator to say to each of the parties

• Gathering the “good and bad facts” from each party to discuss later during the mediation.

• Dealing with / compensating for the trend away from doing an initial joint session

• Things mediators can do before mediations to help get cases settled

• Building rapport with the parties, lawyers and claims people – Establishing connection & trust

• How insurance companies and defense attorneys approach mediation

• Helping the parties speak the same language

• Working within the constraints of the insurance company’s model of the case

• Helping the plaintiff filter their responses in ways the insurance company can evaluate

• Why some mediations fail and how to prevent it

• Assisting the parties in identifying and evaluating the value drivers for the case

• Understanding how juries look at cases and evaluate a plaintiff’s damages

• Things a mediator can do to be more than just a “message carrier” – How to insert yourself

into the mediation process effectively

• Dealing with the inexperienced attorney

• Dealing with the attorney who is wrong about the law

• Dealing with lawyers who don’t want to let you talk to their clients / claim reps directly

• The use of technology in conducting mediations via Zoom

• Dealing with lawyers who want to make imprudent / counter-productive arguments

• Methods for dealing with and overcoming impasse

• What opinions can you express as a mediator and when and how do you do it?

• Indiana case law regarding the necessity of a written Settlement Agreement and the logistics

of getting the Settlement Agreement executed in remote mediations

• Follow-up after a failed mediation

• Cases involving a risk that the defendant will declare bankruptcy

• Dealing with the lawyer who doesn’t want to disclose information / evidence

• Multi-party mediation

__________________________

FACULTY:

Teresa L. Todd, Seminar Chair

Attorney at Law, Indianapolis

Kyle M. Baker

The Mediation Group LLC, Indianapolis

Michael P. Bishop

Bishop Mediation & Arbitration, LLC, Indianapolis

Joy L. Colwell

Purdue University Northwest, Munster

Robert J. Dignam

O'Neill McFadden & Willett LLP, Schererville

Mark A. Scott

Scott Law Office & Mediation Center, Kokomo

Jerome L. Withered

Withered Burns, LLP, Lafayette

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN • Premier Indiana CLE