| Date: |
Monday, March 2, 2020
See Full Agenda Below
|
| Location: |
Law Courts Inn Restaurant
500-800 Smithe St 4th Floor
Vancouver, BC
|
| Speakers: |
Audrey J. Lee, J.D.
Sr. Mediator, Boston Law Collaborative, LLC
Executive Director, BLC Institute
Affiliate of Perspectiva LLC
See speaker biographies below.
|
David A. Hoffman
John H. Watson, Jr. Lecturer on Law,
Harvard University
Founding Member, Boston Law Collaborative, LLC |
TAKING YOUR MEDIATION SKILLS TO THE NEXT LEVEL
*This course is designed for training advanced mediators. However, lawyers with substantial mediation experience as counsel, those interested in learning more about mediation or those considering transitioning into this field will also find this workshop valuable.
Back by popular demand, Audrey J. Lee, J.D. is coming to Vancouver to host this one-day, 6 CPD hour, workshop on mediation. Joining Audrey, David A. Hoffman will bring his extensive professional and life experience to navigate you through this advanced mediation workshop.
During this highly interactive program, participants will:
- Deal with the parties’ emotions, as well as those of the mediator;
- Understand the mediators’ biases and those of the parties;
- Break impasses without compromising impartiality;
- Use hybrid processes (such as med-arb) and new roles as a mediator (such as facilitation of multi-party conflicts);
- Develop practice management tools specific to mediation;
- Deploy new communications technologies (such as videoconferencing) in mediation, and;
- Identify and resolve ethical issues in mediation practice.
PROGRAM
8:10am - 8:30am | Registration Check-In & Continental Breakfast
8:30am - 8:55am | Welcome and Overview of the Program
8:55am - 9:15am | Mediation Strategy and Process Design
Even before the mediation begins, the mediator needs to engage in conflict assessment, to determine what the issues are, who are the essential participants, and the obstacles to settlement. Only then can the mediator develop a strategy for resolution and design a process that fits the specific context of the case.
9:15am - 10:00am | The Psychology of Mediation
Mediators are trained to lead a negotiation process in which interest-based bargaining (a la "Getting to Yes") is the preferred model. But experienced mediators learn that emotion, not logic, is the primary driver in many negotiations, and therefore studying what makes people tick is essential for successful mediators.
10:00am - 10:45am | Implicit Bias
In recent years, mediators have come to realize how important it is for us to recognize our own unconscious biases, and those of the parties that we work with. This segment of the program will introduce tools for addressing the parties' biases and counteracting our own.
Break
11:00am-11:45am | Role Play - Fishbowl Demonstration
In this role play, we will explore the mediator's reactions and interventions when one of the parties acts in a manner perceived as offensive by the other party. We will explore the range of options for the mediator as s/he tries to keep the mediation from being derailed
11:45am-12:30pm | Mediator Evaluation and Impasse Breaking
This segment of the program explores a variety of tools for breaking impasse, including providing a mediator’s proposal or case evaluation, while focusing on specific techniques for avoiding the appearance that the mediator’s impartiality has been compromised.
Lunch
1:30pm-3:00pm | Ethics - Including Fishbowl Role Play Demonstration
Real-life ethical dilemmas will be solicited from participants and discussed, and then demonstrated using a fishbowl role play, with the goal of identifying options for the mediator.
3:00pm-3:45pm | Practice Management Tips
This segment of the program will focus on the ways in which practice management for mediators differs from law practice management, such as handling fee allocation issues, billing practices, and conflict-of-interest disclosures, plus the use of videoconferencing and other online tools for communicating with the parties.
Break
4:00pm-4:45pm | Mediation-Arbitration & Other Trends in Mediation
Mediators are being asked to take on new and different roles, such as hybrid processes (like med-arb), institutional interventions where mediators facilitate difficult multi-party conversations about identity-based or values-based conflicts, and playing an ongoing role in the management of family-business conflicts.
4:45pm-5:15pm | Q&A and Concluding Remarks
About Audrey J. Lee, J.D.
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.
About David A. Hoffman
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.
Acknowledging First Nations Territories
The CBABC acknowledges that the land from which we gather and host this workshop from is the unceded territories of the Coast Salish peoples, and in particular the Squamish, Tsleil-Waututh and Musqueam Nations, and we encourage members to explore the rich history and knowledge of Indigenous peoples, and to continue learning about their experience in Canada past and present.
Cancellation Policy
Once payment has been processed there will be no refund issued. To cancel your attendance, please contact the PD Department at PD@cbabc.org. No refunds will be issued to non-attendees.
Accessibility & Inclusiveness
The CBABC provides access to Section activities for all members. The facilities for this meeting may be wheelchair accessible. For information about accessible parking or to communicate your request for other accommodation you require, please contact CBABC PD at pd@cbabc.org.
We also welcome your suggestions for enhancing the inclusiveness of our activities.
Conference Materials/Handouts
All materials will be delivered electronically one day prior to the course date.
Participant Disclaimer - This is to confirm that you have agreed with the following terms and conditions:
All materials related to this course are for the sole use of the above said registrant, which may not be copied, reproduced, uploaded, posted, publicly displayed, translated, distributed, shared, modified, made available on a network or other website, used to create derivative works, or transmitted in any form or by any means whatsoever without the prior express written permission of the Canadian Bar Association.
