8:00 am        Registration and Continental Breakfast

9:00 am        Welcome and Introductions

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

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, safety, administrative details, and pre-mediation conferencing.

12:00 pm       Luncheon

Humming an Ethical Tune: Don't Get Off-Key
Louisiana attorney, Michael Rubin, will cover topics such as puffing, how much should a mediator inject him/herself into a mediation, mediators & social media, and multi-jurisdiction practice. 

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

2:30 pm        Break                   

2:45 pm        Small Group Discussions on the Joint Opening Session
Find out how mediators and advocates use the opening to set the stage for a successful outcome; explore strategies on whether to make opening statements, and if so, by whom. 

4:15 pm        Break

4:30 pm        Ethics Forum: Common Ethical Issues Faced by Mediators and Advocates
Institute faculty members will share advice on how to recognize and solve potential ethical issues in the mediation process.

5:30 pm        Welcome Reception with Faculty
                     Hosted by: Bass, Berry & Sims
                     Music: John Blankenship

The faculty will be available to informally discuss questions raised during the first day’s presentations.  This social hour is a unique opportunity to take advantage of their experience in the dispute resolution field. A "special surprise" is planned for participants.


7:30 am        Continental Breakfast & Networking

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.

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
A skilled mediator will share tips on avoiding and addressing impasse. Advocates will describe when to “hold’em or fold’em” at the mediation table.

12:30 pm       Luncheon

Keynote: Dwight Golann
Professor Dwight Golann will present key concepts from his book How to Share a Mediator's Powers: Effective Advocacy in Settlement (forthcoming ABA 2013). Using video excerpts of attorneys strategizing with clients and bargaining with mediators, Golann will discuss how lawyers work to influence neutrals in commercial mediation.

2:00 pm        Small Group Discussions on Breaking Impasse
Participate in a 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.

4:00 pm        Adjourn