CLE Program

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.

We have an exceptional lineup of panel discussions, expertly crafted to enhance your knowledge and skills. Here's a sneak peek at the dynamic panels we have in store for you:

- Innovative Business Planning for Your Dispute Resolution Practice
- Legal Foundations and Operational Excellence in Your Dispute Resolution Practice
- Marketing 101: Effective Strategies for Your Dispute Resolution Practice
- Building Your ADR Practice: Insights from ADR Professionals

Rounding out our exciting lineup, I am thrilled to be moderating the panel "Leaders of ADR Providers: Wisdom from the Frontlines of Dispute Resolution."
We have invited distinguished leaders from prominent ADR providers to this panel, including:

- Joanna Barron, ADR Services, Inc.
- Bridget Mary McCormack, American Arbitration Association
- Parag Shah, Esq., MBA, Miles Mediation & Arbitration and
- Kimberly Taylor, JAMS

Their extensive experience and perspectives promise to make this an enlightening and invaluable program. Join us!

New Family Code section 6309 ends a longstanding controversy (yes, civil discovery is permitted in DVPA proceedings) but we now confront a host of new controversies generated by the statute. Some practitioners see section 6309 as a long overdue clarification and expansion of DVRO discovery rights; others see it as a welcome, or unwelcome, significant contraction.  Some see it as a risk of revictimization via discovery abuse while others see it protecting against that risk. Who's right? Probably everyone to some degree. This much for sure: the statute's unique provision, permitting discovery to be requested only at the evidentiary hearing and not before, is something totally new to practitioners. How will judges interpret the statute? How does it apply to "cross-over" situations where a DV petition is filed in an extant disso or parenting case? What are best practices?  What are the collateral effects under FC sections 3044 and 4320? Join our expert panel, including LA Superior Court judges Lawrence Riff and Susan Lopez-Giss (ret'd),  and practitioner Michael Hanasab, who will cover the basics of section 6300, practitioners'' and judicial officers' challenges and dilemmas, and possible best practices. This program will be focused towards family law practitioners.

Roundtable at 6 p.m. followed by dinner, and presentation commencing at 7:15 p.m. Join mediator and former LA Superior Court attorney Carmen Alberio, and current LA Superior Court Probate Attorney David Gibson as they discuss best practices in probate matters.

As our nation and state confront challenges in building new green economy infrastructure and housing, it is more important than ever to resolve environmental lawsuits. Hear from leading climate change, environmental and land use lawyers on their approach to litigation and negotiation.

Founded in 1978, CASCI is a professional, non-profit association of dues-paying Superior Court Investigators. The organization was formed because court investigators in each county wanted to meet and learn from others in the same profession.  Over 40 years strong, CASCI remains the primary source of probate court investigation training in California.  Effective January 2008, the Judicial Council of California approved CASCI as a provider for new mandatory training requirements.

Bette Epstein, Esq. has been mediating trust and estate disputes since 2000. Following a remarkable career first as a licensed Psychotherapist and then as a trust and estate litigator for over 30 years, she turned her focus to alternative dispute resolution and has been helping parties settle their disputes ever since. She is now available as a full-time mediator and discovery referee. Ms. Epstein is highly regarded as one of the Bay Area’s leading probate specialists. She spent the last 28 years of her litigation career handling trust and estate disputes, contested conservatorships, elder abuse claims, and serving as an expert witness in conservatorship, trust & estate litigation proceedings. As a neutral, she brings her unique emotional intelligence, sharp legal intellect, and psychotherapy background to highly emotional probate disputes, and is able to manage and successfully resolve even the most challenging and complex issues.

The California Employment Lawyers Association's Wage & Hour Committee presents a hybrid full‐day, advanced‐level seminar on wage and hour law. This high‐quality program will help plaintiffs’ attorneys stay abreast of this rapidly evolving practice area. In addition to an annual case law update and legislative review, panels will feature a discussion regarding best practices for class and aggrieved employee communications; what judges and mediators think about PAGA settlement terms; how to deal with multiple cases against the same defendant; and, best practices in crafting class and PAGA complaints and PAGA letters.

As lawyers, litigators, appellate practitioners and beyond, we use writing skills every day to craft compelling arguments. In this program you will learn how to elevate your legal writing skills.

Three speakers give varied perspectives: Hon. Leslie Landau (Ret.) formerly of the Contra Costa Superior Court and appellate practice, is now a mediator and arbitrator; Claudia Hagadus Long is a mediator and successful novelist; and Patrick Burns is an appellate practitioner.

The program will help you build on your existing writing foundation and “up your game.” The speakers will address how to understand and balance the competing interests of diverse audiences (court, counsel, client, mediator), and tailor your writing to meet the needs of your case. They will also examine what works (and what doesn't) in legal briefs.

Finally, they will provide concrete suggestions to help you take your writing to the next level.