Mediation Training: General Topics

This advanced conversation focuses on effective and proper preparation for mediation, and the critical need for mediators and advocates to understand and respect each other’s proper roles. It’s a deep dive by two leading practitioners, with deep insights and a few surprises along the way. Valuable to mediators and advocates alike, with takeaways that will significantly enhance your chances to have a successful mediation.

This training is created with a focus on Attorney Mediators.

This program explores effective strategies for managing emotionally charged conversations, focusing on understanding psychological triggers such as cognitive dissonance and emotional drivers like fear, anger, and hope. It provides practical techniques for de-escalating conflict, fostering empathy, and guiding discussions toward productive outcomes in both mediation and everyday interactions.

This training is created with a focus on Attorney Mediators.

This segment discusses assessing emotional distress damages within the mediation context. Despite its importance, emotional distress is often an overlooked or misunderstood aspect for parties involved in cases. This session aims to shed light on identifying and evaluating emotional distress damages, offering insight into common pitfalls and practical strategies for more effectively navigating these issues during mediation.

This training is created with a focus on Attorney Mediators.

This program explores how empathy serves as a powerful tool for mediators to build trust, ease tensions, and facilitate resolution. Participants will learn techniques to enhance empathetic listening, recognize emotional undercurrents, and address the interests behind parties' positions. The session focuses on practical strategies to create a collaborative atmosphere, break impasses, and drive meaningful dialogue. By integrating empathy into their practice, mediators can improve communication, foster rapport, and achieve more effective and lasting outcomes.

This training is created with a focus on Attorney Mediators.

Often the line between mediating and practicing law is blurred, likewise, if the parties perceive that the mediator coerced the settlement, things can go astray. Through the use of hypotheticals, the presenters will discuss the ethical pitfalls mediators and lawyers often encounter which frustrate resolution.

This training is created with a focus on Attorney Mediators.

Join Judge Miller as she guides you through California Evidence Code sections 1115 through 1129, which govern all California mediations. These sections contain counterintuitive provisions that can cause serious problems if not properly addressed. This program will teach you the rules and how to avoid pitfalls.

This training is created with a focus on Attorney Mediators.

Successful mediated solutions require not just legal expertise, but often also expert opinions and support. So it makes sense that bringing expert witnesses into the mediation can create better, more nuanced results for the parties. Drawing on her own experience and national and global trends, Denise Peterson will share the whys and wherefores of bringing experts into mediation.

This training is created with a focus on Attorney Mediators.

The popular conception of a professional mediator is that of an “ad hoc” mediator - an individual who parachutes into the midst of a hot dispute on short notice to facilitate a resolution that the parties view as a better net result than they are likely to obtain from further combat. The idea of a “standing mediator”, a neutral engaged by parties to a business transaction before a dispute has arisen to be available to assist in solving problems as they may from time to time arise, has far less currency. In this program we will discuss the differences between the “ad hoc” and “standing” approaches to mediation, exploring the advantages and disadvantages of each. We will then discuss how the appointment of a standing mediator can add value in the right situation. We will also explore the challenges, techniques and approaches that distinguish standing mediation from ad hoc mediation. Although our focus will be on the potential role of a standing mediator in the context of a transaction involving the sale or combination of businesses, we will also touch on how a standing mediator can add value in other types of long-term business relationships.

This training is created with a focus on Attorney Mediators.

Bennett (Ben) Root, nationally known and respected labor attorney/master negotiator, CEO, and neutral explores the breakthrough theories and principles of persuasion developed by Professor Robert Cialdini. Ben will discuss Cialdini's seven principles of persuasion and examine how their strategic application can influence and enhance the outcomes of mediation. Attendees will gain practical tools to effectively guide negotiations, foster cooperation, and achieve successful resolutions in even the most challenging disputes.

This training is created with a focus on Attorney Mediators.

This segment highlights the importance of recognizing and accommodating neurodiversity in mediation. It explores how neurodivergent traits can impact participation, decision-making, and interaction, offering practical strategies for creating an inclusive and accessible process. Mediators will gain tools to foster engagement and fairness, ensuring neurodivergent individuals can fully contribute to and benefit from mediation.

This training is created with a focus on Attorney Mediators.

This segment offers an overview of the mediation process, providing a step-by-step guide through each phase of mediation. It covers the initial stages of pre-mediation preparation, the mediator’s role, key negotiation techniques, and strategies for effective communication between parties. The segment also highlights best practices for navigating impasses and achieving mutually beneficial resolutions, with a focus on resolving employment disputes through mediation.

This training is created with a focus on Attorney Mediators.

This program explores the crucial role time and pacing plays in mediation outcomes and the skills mediators need to wield time to the benefit of all. The program addresses the major factors that slow down mediation, such as poor internet connections, multiple parties, and absent decision-makers. It highlights how slow progress can jeopardize settlements, particularly when key players lose interest or run out of time. The session offers practical strategies to maintain momentum, including using time scarcity, managing decision-maker availability, and leveraging negotiation techniques like anchoring and bracketing. By fostering efficiency and addressing potential impasses early, mediators can enhance the likelihood of successful resolutions.

This training is created with a focus on Attorney Mediators.

This program explores the vital distinction between talking and genuine communication, emphasizing the essential role of emotional intelligence in successful interactions, especially in high-stress situations like mediation. Attendees will learn about the four key components of emotional intelligence, how to recognize and manage their own emotions, read others effectively, and employ strategies that shift mindsets to foster understanding and resolution. Through practical examples and expert insights, participants will gain tools to enhance their communication, promote empathy, and facilitate constructive dialogues that lead to positive outcomes.

This training is created with a focus on Attorney Mediators.

This presentation explores observations and strategies for successfully resolving mass tort actions. These cases involve multiple filings across various forums, numerous claimants, parties, insurance carriers, and attorney committees with diverse interests. The presence of these variables adds significant complexity to both litigation and resolution. Join us as we delve into effective techniques for managing these intricacies and achieving successful outcomes.

This training is created with a focus on Attorney Mediators.

Actuarial case valuation integrates probability theory and actuarial principles to create a settlement range based on each party’s own valuation. This approach shifts mediation from positional bargaining to data-driven analysis, fostering collaboration, breaking deadlocks, and guiding realistic settlement discussions. Participants will learn how this method promotes trust, adjusts for litigation costs, and enhances resolution in complex disputes.

This training is created with a focus on Attorney Mediators.

Hon. Evelio M. Grillo (Ret.), Mediator • Arbitrator • Referee, ADR Services, Inc.