CLE Program

An impactful mediation brief can set the stage for a successful resolution. This CLE webinar explores the essential elements of writing mediation briefs, including tailoring your brief to your audience, understanding the mediation privilege, and deciding between confidential and shared briefs. Our panelists will delve into the interplay between pre-mediation calls and briefs, emphasize key issues for various types of mediations, and provide practical guidance on preparing attachments and addressing disputed facts effectively.

California courts publish around 500 new civil decisions every year, and many of them make significant changes to existing law. In this one-hour seminar Monty McIntyre and Mike Roberts will discuss many important case civil case decisions published in 2024 by the California Supreme Court and the Courts of Appeal.

The Honorable Judge Marshall Whitley and Bette Epstein Esq., with ADR Services will present key strategies they utilize when mediating trust and estate cases that are inherently complex and involve not only accounting/tax issues but also highly charged emotional dynamics between the interested parties.

This program addresses the critical importance of wellness in the legal profession, exploring data on attorney burnout, the toll of incivility, and the ethical and professional risks tied to neglecting health and well-being. Beginning with a guided breathing exercise, participants will learn about resilience through the lens of five key pillars—physical, emotional, spiritual, social, and mental health—while gaining practical tools to manage stress and maintain balance. The session aims to equip attorneys with simple yet effective techniques for enhancing focus and reducing stress.

Ethical pitfalls in mediation and settlement negotiations can have lasting consequences for attorneys and their clients. This MCLE webinar brings together retired Judge and mediator Steve Austin, mediator and UC Law adjunct professor Debra Bogaards, and UC Law adjunct professor of negotiation John Dean to explore critical issues in legal ethics. Topics include confidentiality in mediation, ethical drafting of binding settlement agreements (including mediator’s proposals and global settlements), and the risks of coercive tactics. The discussion will also cover the evolving challenges of client confidentiality in the digital age, including cloud storage, AI, and the ethical responsibilities of supervising staff and vendors. Attendees will gain essential insights into navigating ethical obligations while ensuring compliance with professional standards.

Actuarial case valuation integrates probability theory and actuarial principles to create a settlement range based on each party’s own valuation. This approach shifts mediation from positional bargaining to data-driven analysis, fostering collaboration, breaking deadlocks, and guiding realistic settlement discussions. Participants will learn how this method promotes trust, adjusts for litigation costs, and enhances resolution in complex disputes.

Popular Annual Review of The United States Supreme Court, Federal Ninth Circuit, and California cases and legislation involving ADR