Skills Academy: Advanced Mediation- What Goes On Behind Closed Doors

6.0 CLE hours (inc. 1.0 ethics hour)

Topics & Speakers 

 Welcoming Remarks by Program Chair – 

• Paul Dickinson, Law Offices of James Scott Farrin, Charlotte 

 Plaintiff’s Perspective 

•  Elizabeth “Libby” Grimes, Grimes Yeoman, PLLC, Attorneys at Law, Mooresville 
  •  Client Preparation
  •  Pre-Mediation Submissions – Benefits and How Much it Too Much?
  •  Presentation – To do, or Not to Do?
  •  Client Expectations – What Matters to the Client and How to Address Client Expectations
  •  What Plaintiffs Think Matters to the Defendant – Does It Really Matter to Plaintiffs?
  •  Starting High or Starting Low & Sending “Messages” During Negotiations
  •  What Is Included in the “Mediation Agreement” and Why That Matters (Confidentiality and When Is It Raised)

 Defendant’s Perspective 

•  Brian Beverly, Young Moore & Henderson, P.A.
  •  Client Preparation & Who Attends, Why, and How (Individual Parties, Corporate Reps, Adjusters, Risk Management) 
  •  Pre-Mediation Submissions – Benefits and How Much to Too Much?
  •  Presentation – To do, or not to Do?
  •  What Defendants Think Matters to the Plaintiff – Does it Really Matter to Defendants?
  •  What Matters in Defendant’s Room – What’s Liked & Disliked
  •  Does it Matter What Plaintiffs Say & Do the Early Numbers Matter?
  • Who’s in Charge in Defendant’s Room?
  • Who’s in Charge in Defendant’s Room?
  • Does it Matter What Plaintiffs Say & Do the Early Numbers Matter?
  • Who’s in Charge in Defendant’s Room?
  • Who’s in Charge in Defendant’s Room?

Mediation Changes Since 2021 

•  Honorable Sharon Tracey Barrett (Ret), Barrett Resolutions, Asheville 
  •  Rule Changes
  •  Local Rule Quirks
  •  Zoom vs. In Person – Does it Matter Now?
  •  Presentations Via Zoom – Can They Be Done Effectively or Should They Be Done At All?
  •  Future of Mediation – Is Zoom the Future?

 Mediator Training – What Is It, What Happens In It, and How Can It Help Litigators? 

•  Ellen R. Gelbin, Attorney, Mediator, Arbitrator, Lewisville 
  •  Why mediation works
  •  What is included in the 40-Hours of NCDRC MSC Mediation Training
  •  Why mediation training will make you a better attorney
  •  How to prepare yourself and your client for a successful mediation
  •  The benefits of Zoom mediation and mediation training

 
 Ethical Considerations in Mediation 

•  Joseph B. Chambliss, Jr., JBC Mediations LLC, Durham
  •  NC Dispute Resolution Commission – Roles & Duties
  •  The Rules of Mediation and the Ethical Mediator
  •  What is Useable vs. What is Admissible After Mediation?
  •  Confidential Information – How Mediators Use It
  •  The Mediation Agreement – Is it Enforceable?
  •  Complaints to the NC Dispute Resolution Commission
  •  Can The Mediator Testify in Disputes?

Panel Discussion 

•  Honorable Sharon Tracey Barrett (Ret), Barrett Resolutions, Asheville 
•  Joseph B. Chambliss, Jr., JBC Mediations LLC, Durham
•  Tom Duncan, Thomas C. Duncan, PLLC, Greensboro 
•  Ellen R. Gelbin, Attorney, Mediator, Arbitrator, Lewisville
•  Rene Trehy, Beason & Trehy Conflict Resolution, LLC, Durham
•  How Zoom Has Changed the Mediator’s Approach
•  Pre-Mediation Submissions
•  Presentations, PowerPoint, and Exhibits in the Zoom World
•  Don’t Shoot The Messenger
•  Changing Their Mind – Is It Possible – on Either Side? Is it Your Job? 
•  Bracketing, Lines in the Sand, and/or Other Effective Negotiating Techniques

 Adjourn