Attorneys in Mediation
The Mediation Society, the Bar Association of San Francisco &
the Association for Dispute Resolution of Northern California Present:
Attorneys in Mediation: For Better or Worse
Saturday, April 24, 2004
As attorneys have become more experienced in the mediation process, they have developed a greater understanding of its potential as well as a broad range of more sophisticated strategies and tactics. Thus, mediators, courts and others who arrange for mediation services in which attorneys take part are increasingly interested in how best to work with them, maximizing their positive contributions and minimizing potential detrimental effects. This program will explore these issues from the perspective of the advocates themselves, the mediators who work with them and administrators who gather information from all participants in mediation. The program will be led by two panels, the first comprised of attorneys and the second comprised of mediators, all with different mediation and advocacy styles and experience. We will also hear separately from Sheila Purcell, Director of San Mateo Court Multi-Option ADR Project. The format will be interactive.
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Panel 1: Advocates’ Perspective
(Moderated by Jessica Notini)
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Panel 2: Mediators’ Perspective
(Moderated by Teresa Carey)
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- What are they doing in mediation now that is different than in the past? Why?
- What strategies are most effective in preparing for and participating in a mediation?
- Do they ever try to “manipulate” mediators, and if so, how?
- What do they like and dislike about different types of mediation?
- What do they like and dislike about different types of mediators?
- What advice would they like to give mediators?
Panelists: Mary Alexander, Steve Goldstein
Randolph Hall & Marjorie Heinrich
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- Has mediation in the legal context lost sight of its core purpose and characteristics?
- What do mediators see advocates doing that is new?
- What do they find helpful in the preparation and participation of advocates?
- What do they see advocates doing that detracts from or even sabotages the process?
- How do they deal with specific tactics and advocacy styles?
- How do they try to maximize the positive potential of advocate participation and minimize the possible disadvantages?
Panelists: Gary Friedman, Kenneth Hawkins
Debra Mellinkoff & Martin Quinn
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LOCATION: Golden Gate University, Room 525, 536 Mission Street, San Francisco (near Montgomery St. BART)
DATE: Saturday, April 24, 2004 TIME: 8:30 a.m. to 4:00 p.m CLE: 6 hours
COST: Early Registration by April 1, 2004:
$100 Mediation Society , BASF/ADR Section, ADRNC Members (early rate).................. $125 (After April 1, 2004)
$125 All Others (early rate)..................................................................................................... $150 (After April 1, 2004)
No refund issued if cancellation received after April 16, 2004
Special Information: BASF CLE programs have been approved for Minimum Continuing Legal Education and Legal Specialization credit by the State Bar of California. The Bar Association of San Francisco is a State Bar of California certified provider. People with disabilities should feel free to contact us at 415-982-1600 regarding any reasonable accommodation.)
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Attorneys in Mediation: For Better or Worse (BASF EVENT CODE ADR2035)
Name ____________________________________ BASF ID ______________ State Bar ID_______________
Firm _____________________________________ Charge Card Information: / / Mastercard / / Visa
Address___________________________________ Account _________________________________________
City/Zip __________________________________ Exp. Date ______________ Amount Paid $ ____________
Phone _______________Fax _________________ Signature ________________________________________
Email _____________ (Please make checks payable to BASF) Mail to:
q I am a member of the Mediation Society BASF ADR Services
q I am a member of the BASF 465 California Street, #1100,
and /or BASF ADR Section San Francisco, CA 94104
q I am a member of ADRNC (415) 982-1600 FAX (415) 989-0381 www. SFBAR.org
AGENDA
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8:30 a.m. Registration, Coffee and Networking
9:00 a.m. Overview of Program, Introduce Panel 1
9:15 a.m. Panel 1 Presentation and Q & A
(Moderator Jessica Notini)
11:00 a.m. Break
11:15 a.m. Presentation by Sheila Purcell
Director, Multi-Option ADR Program |
11:45 a.m. Lunch
12:45 p.m. Introduce Panel 2
1:00 p.m. Panel 2 Presentation and Q & A
(Moderator Teresa Carey)
2:30 p.m. Breakout Discussion Groups
3:30 p.m. Debrief and Closure |
Description of Panelist Presenters
Mary E. Alexander, M.P.H., J.D., principal in the San Francisco firm of Mary Alexander and Associates, is Vice President of the Roscoe Pound Institute. Ms. Alexander is Immediate Past President of the Association of Trial Lawyers of America (ATLA) and is an experienced trial lawyer in personal injury, products liability and business litigation. She has received numerous awards as a top trial lawyer from the Daily Journal, the San Francisco Chronicle and the ATLA.
Gary Friedman is co-founder and co-director of the Center for Mediation in Law and practitioner with Mediation Law Offices in Mill Valley, California. He is author of A Guide to Divorce Mediation (Workman Publishing) and conducts training programs in mediation and mediative approaches to the practice of law in the United States, Europe and Israel.
R. Stephen Goldstein was founding President of the Mediation Society, mediates privately and on assignment from the U.S. District Court, lectures on mediation and negotiation — most recently at the International Bar Association 2003 — and is a litigation partner with Goldstein, Gellman, Melbostad, Gibson & Harris, concentrating on business and real estate matters and employment discrimination.
Randolph Hall is Chief Assistant City Attorney for the City of Oakland, California. He has supervised the City Attorney Office’s Litigation Division since 1987. Mr. Hall has handled and/or supervised a wide range of litigation and transactional matters, including many police use of force civil rights, employment/personnel, breach of contract, and personal injury cases.
Kenneth Hawkins is principal of Northern California based Kenneth Hawkins & Associates, and Hawkins Bay Associates, is widely recognized as a leader and innovator in conflict resolution, organizational development, diversity management and building teams for higher performance. He has conducted studies on cultural assumptions underlying the North American mediation model and is currently a faculty member for the Institute of Intercultural Communication in Portland, Oregon.
Marjorie Heinrich is a highly experienced insurance defense attorney, currently working for State Farm’s Insurance Staff Counsel’s Office in San Francisco, handling complex personal injury litigation. She has extensive trial, mediation and arbitration experience.
Debra Mellinkoff has been a professional mediator for more than 28 years. For thirteen of those years, she also practiced law in New York City and San Francisco and specialized in civil litigation. Ms. Mellinkoff conducts seminars for attorneys on using mediation proactively to resolve disputes before they escalate into litigation, and how lawyers can be effective advocates in mediation.
Sheila Purcell directs the Multi-Option ADR Project, a partnership of the San Mateo Courts, bar and community with distinct programs and staff in civil, small claims, family, probate and juvenile courts. She served as the State Bar of California’s ADR Program Developer. She helped found the California Dispute Resolution Council, she served as the ABA ADR Courts Committee Co-Chair and received the ABA DR Committee of the Year award in 2001-2002 for work on the first-ever national Court ADR conference.
Martin Quinn was a trial lawyer in San Francisco for over 25 years. He became a full-time JAMS panelist in 1996, where he mediates and arbitrates complex business and tort disputes, and acts as a special master and discovery referee. He teaches mediation as an adjunct professor at Hastings College of the Law.