2016 SCMA-AIM ADVANCED TRACK WORKSHOPS
In keeping with our theme from recent years, the American Institute of Mediation and Southern California Mediation Association will bring you the SCMA-AIM Advanced Track this year with an eye toward seeing new things in the same old rooms. This year, in a unique and adventurous format, the AIM Faculty will do its take on the movies RASHOMON and INSIDE OUT – taking the same fishbowl role play scenario, and viewing and analyzing it through multiple different lenses and perspectives. This highly interactive exercise, facilitated by AIM founder Lee Jay Berman, and featuring Deborah Saxe, Esther Bleuel, and Carl Botterud, will be a lively viewing of a single role play of a commercial/business partnership mediation case, broken down and analyzed through various lenses (legal, psychological, business, negotiation, and creative problem solving). The goal is to help us all see what we may be missing when we focus on just one perspective in our mediations. This workshop is intended to help seasoned mediators to open their eyes more widely, see different layers, and view the dispute that’s in front of them through a variety of perspectives, allowing them to expand the possibilities for potential resolutions.
Rather than individual, stand-alone break-out sessions, this workshop will be one continuous simulation, with the mediator changing out between our faculty members / facilitators. This session will have the feel of a regular full-day mediation – part prepared, part ad-libbed, and part responsive to things that come up in the moment — and all inclusive of everything that goes into a conflict and mediated settlement.
Please be sure to check the prerequisite experience required to attend (5 years and/or over 150 Mediations), and then register on the SCMA conference page. Advanced Track attendees will participate with the full conference, attending the morning and afternoon plenary sessions, breaks throughout the day, and lunch, but rather than attending individual breakout sessions, they will attend the Advanced Track in Room G for the breakout portion.
The American Institute of Mediation provides the Advanced Track pro bono each year as our contribution to SCMA and the mediation profession, and as a way to partner with SCMA and to draw the more seasoned mediators to the conference. In addition to attending both plenaries, the Advanced Track will provide almost 4 hours of high-level programming, custom tailored to more experienced mediators, who are ready to see the next level of what’s in front of them, and who need to be refreshed, recharged, and re-inspired!
SESSION ONE (10:30am – 11:45am)
RASHOMON: The Legal/Analytical Lens with Deborah Saxe
Join us as Deborah Saxe, Esq. uses her highly touted legal knowledge, litigation experience, and analytical abilities to role play the mediator through the lens of legal analysis, probable outcome at trial, risk analysis, and evaluative methods. Debi will demonstrate how she puts these tools to use, then answer questions, and facilitate interactive discussion of how these tools can benefit a seasoned mediator, including how to deliver them effectively, what to watch out for, and how to build the credibility with the participants to be effective in changing their minds about their case value, and their perspective on potential outcomes.
Deborah Saxe, Esq. is a highly regarded and well-respected mediator and arbitrator. She is a quick study, prepared, personable, approachable, creative, and flexible. As an arbitrator, she is known to be fair, practical, unflappable, and not afraid to make tough decisions. As a mediator, she is strong, good at listening and reading people, and a tenacious closer. She is known for her ability to quickly establish rapport with parties and counsel and enable them to recognize their legal risks. Before becoming a full-time neutral, Deborah Crandall Saxe, Esq. was a litigator and appellate lawyer at Jones Day, Heller Ehrman, and Seyfarth Shaw for more than 30 years. The perspective gained from her extensive trial and appellate court experience allows her to offer valuable insights as to how a case is likely to proceed in the courts and how it is likely to appear to a judge and jury.
SESSION TWO & THREE (1:00pm – 3:45pm)
RASHOMON: The Psychological Lens with Esther Bleuel
Keeping with the same fact pattern and players, but with a new mediator, Esther Bleuel will use her expertise in the fields of psychology, coaching, and conflict resolution to help us see the psychological aspects that are affecting the participants. We will learn to see what a psychologist sees when looking at a mediation, how to see it through their lens, and what to do about those issues that can often derail what might look like an otherwise logical negotiation. Esther’s years of education and practice in clinical psychology, as well as mediator and coach allow her to see things in a conflict like this that those of us with an untrained eye might otherwise miss. Esther will role play as the mediator, narrating what she observes and explaining her line of questioning. She will answer questions and facilitate discussion around the psychological issues.
Esther C. Bleuel, MA, MFT, MDR, provides executive coaching and training to empower employees to resolve conflict successfully, to have difficult conversations with ease and confidence, and to deal with challenging people effectively. Combined with her education and professional experience, Esther brings a unique perspective and depth of understanding to her work. Esther completed a Master’s program in Clinical Psychology at Pepperdine University, after which she established a private practice as a psychotherapist. She then formed Carson Consulting Company to provide coaching and training services to small and mid-sized businesses. Her ongoing interest in the interactive dynamics between people propelled her to earn a Master’s degree in Dispute Resolution from Pepperdine’s Straus Institute of Conflict Resolution. Esther soon began to teach courses as an adjunct professor at Pepperdine, including business negotiation, mediation and social psychology of conflict, and has served as SCMA’s President.
RASHOMON: The Practical Business Lens with Carl Botterud
After examining the legal and psychological issues, this role play contains business considerations that must be addressed. While each participant in the scenario is represented by at attorney, the impact of business considerations must be fleshed out, discussed, considered, and negotiated between the parties. Carl Botterud will lead us through the next stage of the role play and keep the discussion centered on business considerations, finding the inside track to a win-win resolution by identifying important business interests and using them to reorient the discussion. Business people and business lawyers think differently and see different issues when presented with a problem. Carl will role play the mediator through this business lens, exploring the wide panacea of business issues, and facilitate discussion about how to raise these issues and incorporate them into the negotiation.
Carl A. Botterud, Esq. is a lawyer with Ritt, Tai, Thvedt & Hodges, LLP in Pasadena. His practice focuses on workplace investigations and conflict resolution. Mr. Botterud conducts investigations responding to allegations of civil rights violations, misconduct, or breaches of policy in workplace and educational settings. Mr. Botterud’s mediation practice focuses on employment and business disputes. In addition to his law and mediation practices, Mr. Botterud served as General Counsel at Occidental College and as an adjunct professor at Whittier Law School and Whittier College. He is a member of the Association of Workplace Investigators, SCMA, California Employment Lawyers Association and the National Association of College and University Attorneys. Mr. Botterud is a past chair of the Access to Justice Committee of the Los Angeles County Bar and a past president of Equal Justice Works in Washington D.C. He presently serves as a member of the Executive Committee of the Labor and Employment Law Section of the California State Bar. Mr. Botterud received an A.B. in Political Science from Occidental College and a J.D. from Whittier Law School.
RASHOMON: The Creative Problem Solving Lens with Lee Jay Berman
Now that we have looked at this dispute through the lenses of the legal, psychological, and business components involved, how can we use what we have learned to begin discussions/negotiations toward shaping a creative resolution? We need a final resolution that respects what the participants are going through, and helps them to meet their underlying interests, satisfy their psychological needs, consider the business impacts, and work within their BATNA of the likely legal outcomes. How do we shift the discussion from a bandying about of compromised dollar positions into one that is more inclusive, respectful, creative, and collaborative? Lee Jay Berman, with the help of the other faculty, will lead a discussion designed to help reach an agreement with the parties that is better in all possible ways than a simple compromised dollar amount leaving them all “equally unhappy.”
Lee Jay Berman began as a full-time mediator over 22 years ago, and has successfully mediated over 2,100 matters. He is a Master Mediator on the AAA’s Employment Panel, and on their national panels for Commercial and Construction ADR. He is a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with the National Academy of Distinguished Neutrals, certified by the International Mediation Institute, and a Dispute Resolution Expert with the United Nations Development Programme. He was Mediator of the Year for the US Bankruptcy Court in California, California’s Daily Journal twice named him “Top Neutral”. Also a respected trainer, he founded the American Institute of Mediation, leaving his position as Director of Pepperdine Law School’s Mediating the Litigated Case program after seven years. He has lectured and trained in Dubai, Amsterdam, New Delhi, Brisbane, Jordan, and Croatia. He was national chair of the ABA Dispute Resolution Training Committee for 4 years. The ABA will be publishing two of his books in 2016.
There is an additional fee for the Advanced Track.