CLE Program

This webinar presentation will delve into the intricacies of effective mediation strategies, equipping attendees with valuable knowledge and practical insights. The session will address the following key areas:

When to mediate & how to propose mediation to opposing counsel:
Understanding the optimal timing for initiating mediation is crucial for maximizing its potential benefits. Participants will learn the factors to consider when determining the right moment to propose mediation, as well as effective techniques for approaching opposing counsel to suggest this alternative dispute resolution method.

Briefing & document preparation – what you need to get and when:
Preparation is key to a successful mediation process. This segment will provide a comprehensive overview of the essential documents and information required to prepare for mediation.

Pre-mediation calls:
Pre-mediation communication plays a vital role in setting the stage for productive negotiations. This section will focus on the significance of pre-mediation calls and provide practical guidance on how to conduct them effectively. Participants will learn how to establish rapport with their mediator, manage expectations, and gather crucial information to inform their negotiation strategy.

Post-mediation – what are my options now?
After the mediation process, it is essential to evaluate the outcomes and determine the most appropriate course of action. This segment will explore various post-mediation scenarios, outlining the range of options available to participants. Attendees will gain an understanding of the potential outcomes of mediation and how maintain momentum towards settlement.

By participating in this webinar presentation, attendees will acquire the knowledge and skills necessary to navigate the mediation process effectively from start to finish, including practical strategies, best practices, and valuable insights to optimize their chances of achieving favorable outcomes and resolving disputes efficiently through mediation.

For many, the world of work is a very different place than it was four years ago, when we hosted the last EMI.  The COVID-19 pandemic has had a significant impact in the workplace for both employers and employees which has led to new challenges for mediators. This half-day program will focus on how changes to the modern workplace have impacted our role and approach as employment mediators. We'll start with an in-depth look at the mediator's role in disputes, considering whether mediators can offer more to their clients than just closing the deal.  From there, we'll dive into the latest California employment law updates, with perspectives from both sides of the bar.  And, we'll close by giving you practical skills for your mediator toolkit, based on recent neuroscience and lessons learned about work in a post-pandemic world.

The conference will be followed by a networking mixer at El Cholo Restaurant.

Please join CCCBA, ADR Services, Inc and JAMS as they present retired Judges Steve Austin,  Barry Baskin, Ellen Sickles James and Winifred Smith in discussion on matters of Civility.

Discussion topics will include:
The importance of being civil to maintain your reputation and health.
+NEW Rule 8.3 California Rules of Professional Conduct - Reporting Professional Misconduct (eff. 8/1/2023)
What does it mean -  Who must act – when and why.
The responsibility of the law firm culture to manifest civility throughout the entire legal system.
How unconscious bias affects how we treat our clients, counsel and others in the legal community.
Recognizing how word choice, body language and body awareness – can create more civil and productive interactions.
Our responsibility to our local community and why civility matters even outside the law office and the courtroom.

The Rules of Professional Conduct of the State Bar have a new addition as of August 1- Rule 8.3.  This Rule mandates all lawyers “shall” without delay report to the State Bar “credible evidence that another lawyer has engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.”

What does Rule 8.3 mean?  How will it impact my relations with other attorneys, my colleagues, my attorney friends, and even business partners? What does “credible evidence” of misconduct mean?  What happens if I don’t report another attorney?

MANDATORY REPORTING OF OTHERS’ MISCONDUCT IS HERE!  Have these and many other questions addressed by our panel of ethics and practice experts- the Bay Area’s first seminar for trial lawyers on how to live with Rule 8.3!

With fewer trials these days a lot of our cases are won or lost on discovery. We’re seeing aggressive and burdensome discovery early on in cases from both sides. What is the method behind this madness? What are respondents doing? Are they challenging onerous discovery by motion? What both sides are doing together? What are the best ways to resolve disputes? Tips from the Bench: What troubling/challenging discovery issues is the court seeing? What discovery issues are worth taking to court? What does the court recommend to help streamline discovery? When does the court award sanctions? Are Informal Discovery Conferences effective?