Tactical Decisions that Counsel and the Client Must Often Make While Participating in Mediation: Part 1 (Webinar)

This is part one of a two part series. Part two will be taking place June 29 at 10 a.m.
 
These programs will involve in depth discussion of critical tactical decisions that lawyers and their clients must often make in mediation by two panels of lawyers experienced in representing clients in mediation and experienced mediators.

Part I (Tuesday, June 16^th, 10:00 – 11:00 a.m.):

Moderator:  Daniel Kolb, Esq., Senior Counsel, Davis Polk & Wardwell, LLP

Speakers:

Simeon H. Baum, Esq., President, Resolve Mediation Services, Inc. (www.mediators.com)

David M. Brodsky, Esq., Brodsky ADR LLC, former General Counsel of Credit Suisse Americas and head of the Litigation Department of Schulte Roth and Co-Chair of the Securities Litigation and Professional Practice Group of Latham & Watkins

Krista Gottlieb, Esq., Mediator and Arbitrator

William McKracken, Esq., Ganfer Shore Leeds and Zauderer

Part I Key Topics:

• Mediation Goals, Opportunities & Timing
• Preparation of Client & Team Selection
• Handling Initial Call with Mediator
• Lining Up All Needed for Success
• Effective Openings at Mediation
• Effective Use of Joint Session

Part II (Wednesday, June 29^th, 10:00 – 11:00 a.m.):

Moderator: Daniel Kolb, Esq., Senior Counsel, Davis Polk & Wardwell, LLP

Speakers:

Leslie Berkoff, Esq., Moritt Hock & Hamroff LLP

Theo Cheng, Esq., Mediator, Arbitrator, Immediate Past Chair, NYSBA Dispute Resolution Section

Mark C. Morril, Esq., Morril ADR, Arbitrator & Mediator, formerly General Counsel, Simon & Schuster: and Deputy General Counsel of Viacom/CBS

Melissa Yang, Esq., Rakower Law 

Part II Key Topics:

• Key Decisions in Negotiating in Mediation
• Effective Use of Caucus
• Length of Mediation; When to Walk Away; Follow Up
• Balancing Claiming Value and Creating Value
• Balancing roles of principals and agents
• Balancing Assertiveness, Empathy and Cooperation
• Effective Use of Mediator; Candor or Spinning?
• Proposal Generation 
• Assessing Proposals 
• Challenging personalities & interparty dynamics
• Crafting persuasive pitches – both legal and deal
• Impasse challenges
• Memorializing the Deal