CLE Program

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.

Hon. Susan Lopez-Giss (Ret.) served 15 years as a Judge for the Los Angeles Superior Court, with the entirety of her time on the bench devoted to Family Law. Judge Lopez-Giss presided over thousands of cases involving all types of contested and complex Family Law matters, including parentage cases, custody and visitation issues, child and spousal support, business valuation, and property division. In addition to issuing thousands of rulings, Judge Lopez-Giss became known for actively and successfully settling her cases. Her strong legal mind, coupled with an emphasis on collaboration to resolve family disputes, has resulted in her reputation as an effective problem solver and adjudicator.

Prior to her judicial career, Judge Lopez-Giss served 30 years in the Los Angeles City Attorney’s Office, where she developed a groundbreaking domestic violence diversion and counseling program that was implemented statewide, only one of such programs in the country at the time. She was instrumental in drafting a domestic violence prosecution manual, filing guidelines, and restraining order statutes, and helped train law enforcement and medical personnel across the country. Judge Lopez-Giss also developed guidelines for the handling of child abuse and child sexual abuse and served on interagency councils that addressed child abuse and neglect that included training for mandatory reporting. She also reviewed and personally oversaw the prosecution of hundreds of such cases. For her pioneering work developing these programs, Judge Lopez-Giss was presented with a Resolution by the Mayor and the Los Angeles City Council.

Through examination of real life examples of challenging personalities and situations, two experienced mediators will discuss and offer suggestions on how to breach an impasse in settlement negotiations. This program will include focus on laying pre-mediation groundwork to establish credibility and using emotional intelligence to leverage this credibility and relationships to reach a successful resolution. Our speakers will also discuss how to identify and act on that “switch point” to flip from combatant to problem solver.

In this program we will look at all sides of the equation – Plaintiff, Defendant, Adjuster, and Mediator – to give actionable and practical feedback on successful dispute resolution. Addressing questions such as mediation timing, where to start on opening demands, and how to navigate multiple defendants and the problems they pose. With a demonstration of negotiations and bracketing, this panel of heavy hitters will give attendees a chance to see these techniques in action. Not to be missed!