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From your client’s perspective, settlement is the desirable way to reach a quick, economical, agreeable resolution to a problem. From your perspective, settlement or mediation saves the time, expense and risk of trial, while giving an equivalent result — if you do it right! A durable settlement not only solves the immediate dispute, expedient resolution allows you to solve more problems for more people more often. Successful modern practice requires you to have more than a thorough knowledge of the law and the rules and more than a Clarence Darrow command of oratory. The savvy with which you negotiate your clients’ positions determines and defines your success as a modern advocate. Offering, analyzing or accepting a settlement, or presenting your client’s case in mediation, requires a special set of skills that you can learn and must continually polish. This is where you learn from one of the best. Judith Wolf is a respected trial lawyer, mediator, arbitrator, judge and educator. She has excelled in each role and uses her multi-faceted training and experience to mold this program so that you will walk away with new beliefs, techniques and attitudes. You and your clients will benefit from less hostility, greater gains and quicker resolution of the problems that brought you together. What you learn at this program will serve you throughout your career. This program does not train mediators. It is for trial lawyers who represent clients in all settlement venues. Program Outline & Schedule (6 hours)[Part I: 90 minutes]
Lawyer to Lawyer — the AWARE approach- Acknowledging positions and interests
- Walking in their shoes (and putting your best foot forward!)
- Asking and answering questions
- Restate – Reframe – Resolve
- Effective closure
[15 minute break][Part II: 90 minutes]- Preparing to negotiate
- Negotiation role play
[Lunch][Part III: 90 minutes]Is Settlement a Good Idea?- When is a case ready for a settlement conference/mediation (Sooner than you think!)
- Introducing settlement to your client
- Proposing settlement or mediation to opposing counsel
- Choosing the right neutral
- Preparing yourself and your client for settlement or mediation
- Mediation role play
[15 minute break][Part IV: 90 minutes]
“Winning” the Settlement Conference or Mediation- Eight fatal mistakes attorneys make in mediation
- Ethical conduct in settlement and mediation
[Adjourn]
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