CLE Program

Mediation is essentially facilitated negotiation. Each mediation involves unique circumstances that impact the role of the mediator and invoke the practical skills required to resolve the dispute. Regardless of the nature of the dispute, the mediator’s role as “negotiation coach” is critical. Indeed, mediation success is commonly measured by negotiation success. In this program, Stacie Hausner and Judge Alexander Williams, experienced mediators with ADR Services, Inc., will examine best practices during the negotiation stage(s) of mediation to identify opportunities to advance the pursuit of equity, diversity and inclusion and to promote recognition and respect for differences in the world of mediation.

Dr. Bonnie Olsen, geropsychologist and expert in decisional capacity, will discuss the development of the Judicial Guardianship Evaluation Worksheet, a tool for probate judges to evaluate relevant factors in assessing the propriety and scope of conservatorships for older adults. Dr. Olsen and her team developed the Worksheet at the behest of the Department of Justice as part of a national effort to advance conservatorship reform. The tool prompts the Court to consider the proposed conservatees’ retained capacities, susceptibility to harm, and less restrictive alternatives to preserve elder rights through targeted remedies. We are also pleased that Judge Paul Suzuki (Retired) and Dr. Olsen will complete the 45-minute presentation discussing how the Worksheet may impact consideration of evidence in probate matters.

A sitting judge, an attorney and a retired judge define, discuss and dissect the issues that make these cases problematic, and offer suggestions for improving the chances for effective representation and resolution. Handout materials

Description:

1. When to mediate & how to propose mediation to opposing counsel
2. Briefing & document preparation – what you need to get and when
3. Pre mediation calls
4. Post mediation – what are my options now?

I: Conservatorships – May 10, 2022 │12:00 p.m. │1 Hour MCLE Credit │Please click here to register Handout -  Slides II: Fiduciaries & Trustees: The Good, The Bad & The Ugly – August 10, 2022 │12:00 p.m. │1 Hour MCLE Credit │Please click here to register Handout -  Slides III: 850 Petitions & Civil Procedures – November 16, 2022│12:00 p.m. │1 Hour MCLE Credit │Please click here to register Handout

Featuring: Keynote: Advancements in Technology, Science and the Law Hon. Ming W. Chin (Ret.) The Magic of Mediation Mark LeHocky, Esq. Marriott Hotel, Walnut Creek Members: $395 ($345 Early Bird before October 21st) Non-Members: $495 ($445 Early Bird before October 21st)

The parties’ agreement to mediate is the first in a series of agreements that most often leads to resolution. This has been called the “Cascade of Yeses.” What issues prevent parties from suggesting or agreeing to mediation? What opportunities arise for “integrative bargaining,” or creating value for both sides?

Through analysis of hypothetical situations drawn from lived experience, media coverage and even the law in film, the speakers will discuss ethical obligations and compliance in real-world situations. By applying the relevant sections of the Code of Ethics, attendees will gain actionable guidance on their responsibilities, and test their knowledge by engaging in this “Build Your Own Adventure” style program. Scenarios covered will include a subordinate’s responsibilities, discriminatory practices, inappropriate relationships, confidentiality, and more!

The parties have done the dance and are approaching their final positions (or perhaps beyond what they thought were their final positions when they started the day). What can the lawyers do to help close the deal?

Four top trial lawyers, two defense and two plaintiffs, from Northern and Southern California, will discuss the unique strategy differences between how they approach a mediation versus how they prepare for a trial of the same case.

Hon. Susan Lopez-Giss (Ret.) served 15 years as a Judge for the Los Angeles Superior Court, with the entirety of her time on the bench devoted to Family Law. Judge Lopez-Giss presided over thousands of cases involving all types of contested and complex Family Law matters, including parentage cases, custody and visitation issues, child and spousal support, business valuation, and property division. In addition to issuing thousands of rulings, Judge Lopez-Giss became known for actively and successfully settling her cases. Her strong legal mind, coupled with an emphasis on collaboration to resolve family disputes, has resulted in her reputation as an effective problem solver and adjudicator.

Prior to her judicial career, Judge Lopez-Giss served 30 years in the Los Angeles City Attorney’s Office, where she developed a groundbreaking domestic violence diversion and counseling program that was implemented statewide, only one of such programs in the country at the time. She was instrumental in drafting a domestic violence prosecution manual, filing guidelines, and restraining order statutes, and helped train law enforcement and medical personnel across the country. Judge Lopez-Giss also developed guidelines for the handling of child abuse and child sexual abuse and served on interagency councils that addressed child abuse and neglect that included training for mandatory reporting. She also reviewed and personally oversaw the prosecution of hundreds of such cases. For her pioneering work developing these programs, Judge Lopez-Giss was presented with a Resolution by the Mayor and the Los Angeles City Council.

Through examination of real life examples of challenging personalities and situations, two experienced mediators will discuss and offer suggestions on how to breach an impasse in settlement negotiations. This program will include focus on laying pre-mediation groundwork to establish credibility and using emotional intelligence to leverage this credibility and relationships to reach a successful resolution. Our speakers will also discuss how to identify and act on that “switch point” to flip from combatant to problem solver.