8:00 am        Registration And Continental Breakfast

9:00 am        Welcome And Introductions
John R. Phillips, 2012-2013 Section Chair
Hon. Bruce E. Meyerson, Institute Chair

9:15 am        Preparing For Mediation
Mediators, corporate counsel, and litigators reveal preparation techniques that maximize opportunities for favorable settlements.

Mediator: Cliff Hendler
In-House Counsel: Colleen A. Hankins
Outside Counsel: Harry S. Miller

10:15 am       Break

10:30 am       Small Group Discussions on Preparing for Mediation
Become immersed in an in-depth discussion about issues such as written submissions, process design, managing client expectations, administrative details, and pre-mediation conferencing.

12:00 pm       Luncheon

Developing and Marketing a Dispute Resolution Practice
Mediators with robust practices will share practical and proven business advice with participants on how to build a successful mediation practice. 

1:30 pm        The Joint Opening Session in Mediation
Learn how mediators work to create a problem-solving environment in the first hour of a mediation, and how advocates use that time to set expectation levels.

Mediator: John R. Phillips
In-House Counsel: Duncan Ross MacKay
Outside Counsel: Maureen Mulligan

2:30 pm        Break                   

2:45 pm        Small Group Discussions on the Joint Opening Session
Find out how the opening is used by mediators and advocates to set the stage for a successful outcome and explore the strategies on whether or not to make opening statements, and if so, by whom. 

4:00 pm        Break

4:15 pm        Open Forum: Common Ethical Issues Faced by Mediators and Advocates
Faculty members will share advice on how to recognize and solve potential ethical issues in the mediation process.

Hon. Bruce E. Meyerson
Cliff Hendler

6:00 pm        Welcome Reception with Faculty
The faculty will be available to informally discuss questions raised from the first day’s presentations.  This social hour is a unique opportunity to take advantage of their many years of experience in the field of dispute resolution.


8:00 am        Continental Breakfast

8:30 am        Negotiating in the Caucus Stage of Mediation 
Learn how skilled mediators and advocates use the private caucus to probe for information, develop options, refine interests, and conduct reality testing.

Mediator: Eric E. Van Loon
In-House Counsel: Jamison J. Barr
Outside Counsel: Jody L. Newman

9:30 am        Break

9:45 am        Small Group Discussions on Negotiating in the Caucus Stage
Examine and explore the techniques expert mediators and advocates use during a private caucus to move toward resolution.

11:15 am       Break

11:30 am       Breaking Impasse in Mediation
Skilled mediators will share tips on avoiding and addressing impasse. Advocates will describe when to “hold’em or fold’em” at the mediation table.

Mediator: Carmin C. Reiss
In-House Counsel: N. Nancy Ghabai
Outside Counsel: Lisa Arrowood

12:30 pm       Luncheon

Keynote: Michael Wheeler
Michael Wheeler, Editor of the Negotiation Journal and a Professor at Harvard Business School, will present fresh ideas and techniques from his forthcoming book, The Practical Art of Improvising Agreement (The Free Press, January 2013). Prof. Wheeler, on the faculty of the Program on Negotiation based at Harvard Law School, will explain:

  • Why negotiation and mediation can’t be scripted
  • The importance of flexible strategy and nimble tactics
  • The powerful lessons that can be learned from jazz, improv theater, team sports, psychotherapy and even warfare

2:00 pm        Small Group Discussions on Breaking Impasse
Participate in a highly focused examination of the factors causing impasse, and how mediators and advocates use patience and creativity to get the job done.

3:30 pm        Open Forum: Putting It All Together
Participate with the faculty in a wide-ranging discussion intended to answer any remaining questions you may have.

Moderator: Hon. Bruce E. Meyerson

4:00 pm        Adjourn