8:30am - 9:00am | Registration/Check-In
9:00am - 9:45am | Introductions and Overview of the course
9:45am - 10:15am | Mediation Strategy, Process Design, and Building Rapport and Trust
10:15am - 10:45am | Working with Attorneys & Attorney-Client Dynamics
Break
11:00am-12:30pm | Case Simulation #1
Lunch
1:30pm-2:00pm | Core Concerns and How to Use Them
2:00pm-3:30pm | Case Simulation #1 (Continued)
Break
3:45pm-4:30pm | Caucus, Joint Session, and Attorney Caucus
4:30pm-5:00pm | Q & A, Three Questions, and Close
8:30am - 9:00am | Check-In and Settle-in
9:00am - 9:15am | Overview of Day Two and Review the Three Questions
9:15am - 9:45am | Fairness, Distributive Bargaining, and Secondary Conflict
9:45am - 10:30am | Mediator Evaluation, Negotiation Coaching and Impasse-Breaking Techniques
Break
10:45am-11:45am | Case Simulation #2
11:45am-12:30pm | Psychological Dimensions of Mediation
Lunch
1:30pm-2:30pm | Case Simulation #2 (Continued)
2:30pm-3:15pm | Culture, Diversity and Implicit Bias in Mediation
Break
3:30pm-4:15pm | Mediation Ethics
4:15pm-5:00pm | Final Q & A; Concluding Remarks by Faculty and Participants
Audrey J. Lee, J.D. is a Senior Mediator at Boston Law Collaborative, LLP and Executive Director of the BLC Institute, a non-profit dedicated to providing education and training in all areas of dispute resolution. She is also the founding Principal of Perspectiva LLC and faculty for the Harvard Negotiation Institute course, Advanced Mediation: Mediating Complex Disputes.
Audrey specializes in mediating workplace, employment, harassment, and discrimination disputes. She is Chair of BLC’s ADR Panel and serves on the U.S. Equal Employment Opportunity Commission mediation panel, among other neutral panels. Previously, Audrey served as a mediator for the Massachusetts Commission Against Discrimination where she mediated harassment, disability, age, race, and gender discrimination cases. Audrey is also a member of a pool of Title IX Adjudicators for Harvard Law School.
Drawing on her experience as a mediator and conflict management consultant, Audrey leads interactive workshops on implicit bias for attorneys, mediators, law enforcement, executives and other professionals. She has also taught employment discrimination and harassment prevention programs for a range of audiences including ironworkers, mental health professionals, bank executives, and teachers. In the diversity context, Audrey has partnered with the Institute for Inclusion in the Legal Profession and the Harvard Negotiation and Mediation Clinical Program on a study of law firm communication practices regarding diversity issues.
In her consulting practice, Audrey works with clients to develop their ability to engage more productively in difficult workplace conversations and negotiations. Her private sector clients include The Cambridge Group, Jenner & Block LLP, Exponent Failure Analysis Associates, Ropes & Gray LLP, Orrick, Herrington & Sutcliffe LLP, Simpson Thacher & Bartlett LLP, and Winston & Strawn LLP. In the public sector, she has led advanced mediation, diversity and bias programs for the Australian Fair Work Commission, the Office of the UN Ombudsman and Mediation Service, the League of American Orchestras, the Illinois Supreme Court Commission on Professionalism, and the Office of the IL Attorney General. She has also taught Negotiation courses as Adjunct Faculty at Northwestern University School of Law, DePaul University College of Law, and U Mass Boston’s McCormack Graduate School’s Department of Conflict Resolution.
David A. Hoffman is the founding member of Boston Law Collaborative, LLC, where he serves as a mediator, arbitrator, and Collaborative Law attorney. He also teaches three courses at Harvard Law School, where he is the John H. Watson, Jr. Lecturer on Law: Mediation; Diversity and Dispute Resolution; and Legal Profession: Collaborative Law. David was named Boston’s “Lawyer of the Year” for 2016 in the field of Mediation by the book Best Lawyers in America and U.S. News & World Report and one of its Best Lawyers in ADR, Family Collaborative Law, Family Law Mediation, and Civil Collaborative Law. 2016 marks the tenth year that David has been named a Best Lawyer in at least one field. In 2014, the American College of Civil Trial Mediators gave David its Lifetime Achievement Award, and in 2015, the American Bar Association Section of Dispute Resolution gave David its highest honor, the D’Alermberte-Raven award.
David’s practice is focused on resolving conflict in business, family, and employment cases. He has served as mediator and/or arbitrator in more than two thousand commercial, family, employment, construction, personal injury, insurance, and other business cases.
David has published three books on the subject of dispute resolution: Mediation: A Practice Guide for Mediators, Lawyers, and Other Professionals (Massachusetts Continuing Legal Education, 2013); Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (with Daniel Bowling) (Jossey-Bass 2003); and Massachusetts Alternative Dispute Resolution (with Prof. David Matz) (Butterworth Legal Publishers 1994, 2d ed. 1996).
David is the past chair of the ABA Section of Dispute Resolution and a founding member of the Massachusetts Collaborative Law Council. In November 2004, David was chosen as one of the “Top 100 Lawyers” in Massachusetts in Boston Magazine’s SuperLawyers Directory and has been consistently named a Massachusetts SuperLawyer since the listing began. David is the former president of Kerem Shalom Congregation in Concord, Massachusetts, and a Distinguished Fellow of the International Academy of Mediators.
Before founding BLC, David was a litigation partner at Hill & Barlow where he practiced for seventeen years. Before that (in reverse chronological order), David clerked for then-Judge Stephen G. Breyer on the U.S. Court of Appeals for the First Circuit, graduated from Harvard Law School (while serving as a teaching assistant for Professor Larry Tribe and an editor on the Harvard Law Review), worked as a consultant for the U.S. Small Business Administration, established a woodworking business in upstate New York, and pursued American Studies as a graduate student at Cornell. David lives in a co-housing community in Acton, Massachusetts, and has three adult children and an adolescent cat.
