CLE Program

Litigating the disputes of large numbers of people simultaneously using the class action rules bring special challenges for all parties involved. Trying to resolve such class actions also brings its own special challenges. This program will examine the issues involved in the alternative dispute resolution of class action disputes. Our panelists – who have decades of experience litigating and settling class action cases from both the plaintiff and defense perspectives – will address the unique considerations in negotiating the resolution of class action cases, and specifically how such considerations differ from those in two-party (or even multi-party) litigation.

Topics to be addressed include:

• What are the key substantive and procedural differences between settling a class action and settling a typical two-party case?
• When in the life of a class action case should settlement discussions be held?
• What are the benefits of engaging an alternative dispute resolution professional in a class action case?
• How do you settle a class action when related cases are pending on the same subject?
• How does the involvement of insurance carriers affect class action settlement negotiation?
• How, when and with whom do parties negotiate the issue of plaintiffs’ attorneys’ fees?
• What are the ethics issues unique to class actions involved with all of the above?

California courts publish around 500 new civil decisions every year, and many of them make significant changes to existing law. In this one-hour seminar Monty McIntyre and Mike Roberts will discuss many important case civil case decisions published in 2023 by the California Supreme Court and the Courts of Appeal.

ADR Services, Inc. is proud to sponsor the 5th annual BAWLR event. Women lawyers from all practice areas, from both sides of the aisle, mediators, and judges will converge in Northern California for the weekend. This is a weekend retreat with plenty of opportunity to develop relationships, learn from amazing speakers (including Chief Justice Patricia Guerrero!), and enjoy some leisure time. We're still working on the schedule, but will share more as we lock in the details.

Don't miss this extraordinary opportunity to be a part of a community that champions and empowers women lawyers. Mark your calendars for March 1-3, 2024 and prepare to embark on a transformative weekend at BAWLR 2024. Together, let's rewrite the narrative and shape the future of the legal profession.

Mediating construction disputes typically involves multiple parties and a diverse set of issues. This presentation by Judge Paul Beeman from ADR Services and construction law specialist David Ginn Esq., will focus on key roadblocks to reaching resolution during the mediation process.

This session will focus on trip & fall claims involving public entities. Discussion will include tips for initial claim consideration, recognizing conditions, presentation of claims, and tips for the inevitable summary judgment motion. Hear from former Contra Costa County Superior Court Judge, and current ADR Services, Inc. Mediator, the Hon. Steven K. Austin, as well as practitioners from both the plaintiff and defense bar, regarding strategies and approaches.

Presenters Bette Epstein and Richard Collier have decades of experience both litigating and mediating inheritance disputes.  This program will address issues that arise for trust and estate counsel from the time the proposed client walks in the door through the administration of the estate.  Their discussion will include recognizing and managing conflicts of interest, fiduciary duties vs. attorneys duties, importance of asking the right questions, record maintenance, going to/keeping out of probate court.

Unlock the keys to successful mediation with in-house corporate counsel in this MCLE program. This webinar is designed to equip both outside and in-house counsel with the essential tools and strategies needed to navigate the unique challenges of mediating with corporate legal teams. Our speakers bring keen insights from their own time as general counsel to corporations small and large, including such corporations as Dreyer’s Ice Cream, Ross Stores, Inc. (Mark LeHocky, Esq.) and Ticketmaster (Ed Weiss, Esq.). We will also gain insight from the Bench from former LA Superior Court Judge Elizabeth Feffer. This session promises an enlightening exploration of the intricacies involved in collaborating seamlessly with in-house counsel, covering topics ranging from pre-mediation preparation to effective collaboration with General Counsel for information gathering. Additionally, the discussion will delve into overcoming impasses and steering clear of potential pitfalls, ultimately facilitating successful resolutions at the negotiation table. Join us for this complimentary MCLE program, and discover the essential elements for achieving successful mediation when working with and as in-house corporate counsel.

This program will explore ways to recognize implicit bias in ourselves and those around us. Our presenters will also discuss methods to implement bias reducing strategies in an effort to not only raise awareness, but also, to facilitate change in the legal profession.

A family law judge turned mediator and a civil litigator turned mediator discuss getting cases settled in mediation. Differences between family law mediation and civil litigation mediation in (i) when to mediate; (ii) finding your mediator; (iii) pre-mediation (iv) conducting the mediation; (v) what happens after the mediation; (vi) barriers to settlement; (vii) whether "fairness" is important; and (viii) much more!

Arm yourself with everything you need to know about mediator's proposals. This program is taught by mediator Patrick M. Kelly and will demystify this commonly used mediation practice. The program will cover:

• What is a mediator’s proposal
• How and when to effectively use a mediator’s proposal
• The legal authority and enforceability of mediator’s proposals
• The nuances to be considered when agreeing to a mediator’s proposal, including impact on your case and other parties
• The special challenges of mediator’s proposals in multi-party cases

Moderated by Jeffrey Kravitz and Robert M. Cohen, Co-Chairs, BHBA's Mediation Section.

The case is in arbitration. Now what? This panel will walk employment law practitioners through what to expect when handling a single-plaintiff arbitration matter, from pre-demand tactics, discovery challenges, the hearing itself, and enforcement of any award. Our panelists will de-mystify the issues and provide practical information to empower attorneys.

Presenters Bette Epstein and Richard Collier have decades of experience both litigating and mediating trust and estate disputes. This program will address issues that arise for trust and estate counsel from the time the proposed client walks in the door through the completion of the administration of the estate. Among other things, Ms. Epstein and Mr. Collier will discuss managing conflicts of interest, fiduciary duties vs. attorney’s duties, the importance of asking the right questions, and maintaining records.