CLE Program

About the Program: Now, two years after the COVID-19 pandemic-related closures, in what many describe as the “New Normal,” there has been a worldwide focus on the effects of the pandemic upon mental health. The World Health Organization’s campaign to make mental health and well-being for all a global priority included declaring October 10 to be World Mental Health Day. In addition to the WHO’s declaring a global mental health crisis, the Centers for Disease Control and Prevention found that substance abuse and drug overdose deaths greatly increased during the pandemic. Pre-pandemic, the stresses of the legal profession put lawyers...

How do impartiality, confidentiality, and self-determination really work under the Model Standards of Conduct for Mediators? Are these bright-line rules in mediation? Join three experienced mediators in an interactive presentation, using real-life examples and active audience participation, to explore the nuances of applying these ethical standards in negotiations.

Mediation is essentially facilitated negotiation. Each mediation involves unique circumstances that impact the role of the mediator and invoke the practical skills required to resolve the dispute. Regardless of the nature of the dispute, the mediator’s role as “negotiation coach” is critical. Indeed, mediation success is commonly measured by negotiation success. In this program, Stacie Hausner and Judge Alexander Williams, experienced mediators with ADR Services, Inc., will examine best practices during the negotiation stage(s) of mediation to identify opportunities to advance the pursuit of equity, diversity and inclusion and to promote recognition and respect for differences in the world of mediation.

Dr. Bonnie Olsen, geropsychologist and expert in decisional capacity, will discuss the development of the Judicial Guardianship Evaluation Worksheet, a tool for probate judges to evaluate relevant factors in assessing the propriety and scope of conservatorships for older adults. Dr. Olsen and her team developed the Worksheet at the behest of the Department of Justice as part of a national effort to advance conservatorship reform. The tool prompts the Court to consider the proposed conservatees’ retained capacities, susceptibility to harm, and less restrictive alternatives to preserve elder rights through targeted remedies. We are also pleased that Judge Paul Suzuki (Retired) and Dr. Olsen will complete the 45-minute presentation discussing how the Worksheet may impact consideration of evidence in probate matters.

A sitting judge, an attorney and a retired judge define, discuss and dissect the issues that make these cases problematic, and offer suggestions for improving the chances for effective representation and resolution. Handout materials

Description:

1. When to mediate & how to propose mediation to opposing counsel
2. Briefing & document preparation – what you need to get and when
3. Pre mediation calls
4. Post mediation – what are my options now?

I: Conservatorships – May 10, 2022 │12:00 p.m. │1 Hour MCLE Credit │Please click here to register Handout -  Slides II: Fiduciaries & Trustees: The Good, The Bad & The Ugly – August 10, 2022 │12:00 p.m. │1 Hour MCLE Credit │Please click here to register Handout -  Slides III: 850 Petitions & Civil Procedures – November 16, 2022│12:00 p.m. │1 Hour MCLE Credit │Please click here to register Handout

Featuring: Keynote: Advancements in Technology, Science and the Law Hon. Ming W. Chin (Ret.) The Magic of Mediation Mark LeHocky, Esq. Marriott Hotel, Walnut Creek Members: $395 ($345 Early Bird before October 21st) Non-Members: $495 ($445 Early Bird before October 21st)

The parties’ agreement to mediate is the first in a series of agreements that most often leads to resolution. This has been called the “Cascade of Yeses.” What issues prevent parties from suggesting or agreeing to mediation? What opportunities arise for “integrative bargaining,” or creating value for both sides?

Through analysis of hypothetical situations drawn from lived experience, media coverage and even the law in film, the speakers will discuss ethical obligations and compliance in real-world situations. By applying the relevant sections of the Code of Ethics, attendees will gain actionable guidance on their responsibilities, and test their knowledge by engaging in this “Build Your Own Adventure” style program. Scenarios covered will include a subordinate’s responsibilities, discriminatory practices, inappropriate relationships, confidentiality, and more!

The parties have done the dance and are approaching their final positions (or perhaps beyond what they thought were their final positions when they started the day). What can the lawyers do to help close the deal?

Four top trial lawyers, two defense and two plaintiffs, from Northern and Southern California, will discuss the unique strategy differences between how they approach a mediation versus how they prepare for a trial of the same case.