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How to Blow Up a Mediation and Ethical Considerations
Mediators frequently bemoan mediations that failed, or that the Mediator had to rescue, because the parties or attorneys, or one party or its attorney, was not adequately prepared, or because one of the lawyers created a magic moment either in joint session or caucus, that ruined or damaged the prospects of settlement. Sometimes learning what not to do guides us towards learning what to do instead and leads us to formulating best practices in representing clients in mediation.
Ethical Consideration: Even though mediation is confidential and informal, compared to court proceedings, it still a structured process within the adversary system in which counsel retain all of their ethical obligations to their clients and others. Not treating it as such carries risk.
Approved for CLE and CME Credit.
SAVE MONEY: Use the prepaid CLE credits that come with your TBA Complete Membership and take this course for free. Not a TBA member, join now to start saving.
Speakers/Producers
This course is no longer available for purchase.
- Flexible to your schedule
- Viewable on desktop, iPad, and mobile
- Dual PowerPoint and video presentation
- CME General Ethics and CLE Ethics credit approved
- Discount for Dispute Resolution Section Members
General Credits: 0.00
Total Credits: 1
This program will be filed for Tennessee CLE credit. Please email a request to cle@tnbar.org for Georgia and Mississippi CLE credit.
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Confidentiality in mediation, and the importance of preparing the mediator.
The course was a great refresher for me. I am moving back to Tennessee after practicing for 16 years in Texas and plan to renew my Rule 31 certification.
This was an excellent presentation! I have recently participated in 2 mandatory mediations over child custody/visitation where I fully prepared my clients for what to expect, BATNAs, etc., and my clients went in there to negotiate. In each case, the other side and their attorney walked in and said they were not going to negotiate. Very frustrating!
Very interesting presentation!
I learned that a lot of lawyers out there have the wrong mindset about mediation and I was well trained in law school to avoid that mindset. Mediation is a great tool when used properly and when lawyers prepare themselves and their clients.
Very thoughtful and I appreciated the nice pace. It is good when the presenter takes his time to be thorough and not rush through things.
Good course.
Bob is always a valued instructor. He is a real asset to the TBA. This is a program that should be mandatory for young attorneys.
Bob was direct, practical and knows what he is talking about.
Very basic, unimaginative, and uninformative presentation.