2013 Fall Conference Workshop Descriptions
8:45 a.m. – 9:00 a.m.
Presentation of 2013 Cloke-Millen Peacemaker of the Year Award? to
Seeds of Peace, Accepted by Sara Brajtbort, US-based Programs Manager
Presentation of the LAPD Racial Profiling Mediation Program
10:15 a.m. – 11:45 a.m.
Cynthia F. Pasternak, Esq. – Mediator – ADR Services Inc.
Michael Alder, Esq. – Alder Law P.C.
James Zurawski, Esq. – Kirk & Zurawski
Hon. Daniel J. Buckley – Supervising Judge Civil Division, LA Superior Court
Budget cuts have compelled the re-institution of master calendars in personal injury cases, among other significant changes. How will this return to some of the old ways, as well as the demise of the court ADR panels, affect the conduct of mediation in personal injury cases? The Supervising Judge of the Civil Division will explain how these changes will affect the conduct of personal injury litigation, and practitioners from both the plaintiff’s and the defense side, as well as a mediator in private practice, will offer their assessments.
A. Marco Turk, J.D. – Emeritus Professor of Negotiation, Conflict Resolution & Peacebuilding – California State University Dominguez Hills (Moderator)
Frank Garfield, Esq. – Mediator – Frank Garfield Mediation (Panelist)
Fern Topas Salka, Esq. – Certified Family Law Specialist (Panelist)
Kenneth Cloke – Mediator – Center for Dispute Resolution
The participants in this panel embody two different models of family mediation. The panelists will compare and contrast their approaches, with emphasis on how they manage the process and facilitate agreements. The presentation promises to be a stimulating educational experience offering a wealth of practical information.
Barbara Brown, Esq. – Mediator
Jack R. Goetz, Esq., M.B.A., Ph.D. – Mediator
Christine Harwell, Esq. – M.D.R., JD – Mediator/Settlement Officer
Anthony Matthews – Mediator
Maria Simpson, Ph.D. – President, SCMA Education Foundation
Mark Ameli, Esq. – Mediator/Arbitrator – Diversified Dispute Resolution
Joseph C. Markowitz, Esq.
Last year, in response to a legislative proposal that the State Bar assume the regulation of the practice of mediation, SCMA formed a task force to study the issue of regulation and/or certification. Surprisingly, on this perennially contentious topic that has stymied scores of committees from many organizations over many years, the SCMA committee managed to reach a consensus supporting a voluntary certification program. Learn how the committee reached these recommendations, and how members can contribute to this ongoing initiative.
Phyllis W. Cheng, Esq. – Director – Department of Fair Employment and Housing
Annemarie Billoti, Esq. – Chief of Dispute Resolution – Department of Fair Employment and Housing
This panel will discuss SB 1038 and the DFEH Dispute Resolution Division.
ADVANCED TRACK I
Impasse is a Fallacy: An advanced mediators’ workshop
Lee Jay Berman, Los Angeles, CA
This high energy, seriously practical, advanced workshop will engage you – first in identifying the most common specific causes of impasse, and then in delivering tools that will help you to resolve more cases by avoiding these common traps. Together, we will explore tools to rethink how you do every stage of the process, beginning with convening a case and the mediator’s introduction, right through how you can manage joint sessions and caucuses more effectively, and then finally how to close the deal more successfully. Seasoned mediators will leave renewed, refreshed and motivated to start applying these new tools immediately.
11:45 a.m. – 1:00 p.m. LUNCH – MEDIATION OPPORTUNITIES FAIR
1:00 p.m. – 2:30 p.m. – WORKSHOPS
Marc D. Paisin, Esq. – Mediator – Mediation Law Offices of Marc D. Paisin
Linda Joy Kattwinkel, Esq. – Of Counsel – Owen, Wickersham & Erickson, PC
Marc Paisin and Linda Joy Kattwinkel (who are both artists, art lawyers and mediators), will explore the unique nature of these mediations and the laws that apply, and how to be of greatest service in facilitating resolutions. Attendees will receive handouts of relevant federal and state laws and some visual examples.
A few of the issues we will cover are:
-Ownership of ideas / brands / artistic expression – Whether the dispute arises out of dissolution of a collaborative project or commissioned work, ownership of intellectual property rights is often a major issue. Copyright, trademark, and state laws regarding ownership are often counter-intuitive.
-Parties / counsel unfamiliar with applicable laws – Quite often, parties or counsel are not familiar with governing law, e.g., state statutes which create special obligations for galleries, or federal copyright laws. Both can override general contract law in important ways. Your knowledge of the law often plays a large role in these mediations.
-Great emotional attachment to the creation – Many parties treat their creative works very possessively, as if they were their children. These feelings need to be respected and managed carefully.
Diana Mercer, Esq – Attorney/ Mediator – Peace Talks Mediation Services Inc.
Stephanie Maloney, CFP, CDFA – Financial Mediator/Neutral – Peace Talks Mediation Services Inc.
Victoria Goldfarb – Marriage and Family Therapist Intern and a therapist-attorney-mediator with Peace Talks Mediation Services
Family law presents unique crossover issues: The law is only one tile in the divorce mosaic which includes child development, financial planning and grief processing. Working in an inter-disciplinary team enables families to resolve all of their challenges as part of the settlement process. Learn how to create your own team, while maximizing the benefits and minimizing the risks.
Eleanor Barr, Esq. – Mediator – PMA Dispute Resolution
Larry Schooler – Mediator, Facilitator, and Community Engagement Consultant for the City of Austin, TX
Denise Madigan – Mediator
Public policy disputes, such as land use and environmental conflicts, have historically been thrashed out in contentious public hearings, costly litigation, or time-consuming ballot measures. But around the country, agencies from the local to the national levels are re-thinking their dispute resolution paradigm. This session will examine how public and community disputes present unique opportunities for ADR practitioners to apply their skills. The session gives participants a first-hand glimpse at the complicated work of multi-stakeholder collaborative processes aimed at building consensus on contentious issues. Through role plays and discussion, participants will experience and examine case studies that illustrate the value and effectiveness of ADR processes applied to public disputes.
Let’s Get to Work: Current Trends in Mediating Employment Disputes
Deborah Crandall Saxe, Esq. – Mediator/Arbitrator – Alternative Resolution Centers
Steve W. Paul, Esq. – Mediator/Arbitrator/Special Master – Alternative Resolution Centers
Lisa Klerman, Esq. – Mediator – Mediation Office of Lisa Klerman
Mediating employment disputes can be challenging in the most stable of times – and in a rapidly changing landscape, it is imperative for mediators to be aware of current developments and trends. This panel of highly experienced employment mediators and former practitioners will explore in depth how to evaluate, value, negotiate, and resolve employment discrimination and wage and hour disputes in the coming years – and how to guide the mediation process to enhance the post-settlement impact on both employees and employers, and allow them to move forward.
Advocacy Track: Representation in Mediation, Part I
Hal Abramson, Esq. – Professor of Law, Touro Law Center, New York
Jeff Kichaven, Esq. – Mediator
What’s the big deal about mediation anyway? All any good trial lawyer needs to do to prepare for mediation is cut a few paragraphs out of their summary judgment brief, and change the caption to “mediation brief.” When you arrive at the mediation, just practice your closing argument on the mediator, and don’t make any concessions to the other side until you have to.
If you believe all that, you probably won’t be interested in this panel, even though you really need to attend. But if you suspect there may be a bit more to mediation than that, you will definitely want to attend this double-length session and take some tips from the masters in how to effectively represent clients in mediation.
One topic will be effective use of the opening joint session. Many advocates have discovered that giving the kind of opening statement one might present at a trial or arbitration is a such a bad idea that they prefer to avoid opening joint sessions entirely. Instead they might want to consider how the pieces of the mediation fit together in a way that will make pre-mediation exchanges of information, opening sessions and caucuses more constructive. The panelists will also address preparation for mediation, and closing the gap in the last stages of negotiations.
The goal of mediation is not simply to settle the case, but also to strengthen the attorney-client relationship, to the benefit of both attorney and client. Hal and Jeff will help advocates (and mediators) understand better how to accomplish that objective.
SCMA would like to thank the following members of an advisory committee of experienced litigators who made themselves available for consultations to help prepare this session:
Nabil Abu-Assal, Cypress LLP
Charles Barquist, Morrison & Foerster LLP
Yakub Hazzard, Robins Kaplan Miller & Ciresi LLP
Andrew Lundberg, Latham & Watkins LLP
Lisa Maki, President, CAALA
Caroline Mankey, Cypress LLP
Jerold Oshinsky, Kasowitz Benson Torrres & Friedman LLP
Richard Stone, Jenner & Block LLP
Federico Sayre, Sayre & Levitt LLP
Kere Tickner, Bremer Whyte Brown & O’Meara LLP
Julie Van Wert, Wilson Elser Moskowitz Edelman & Dicker LLP
Susan Page White, Manatt Phelps & Phillips LLP
Forrest “Woody” Mosten, Los Angeles, CA
Every experienced mediator has a growing toolbox of conflict resolution strategies. This workshop will help you identify and utilize your core values to be the keys to selecting the right tool and how to use it at the right time to design innovative formats, manage participant behavior, and keep parties from walking out the door long enough to sign a settlement. Woody Mosten will use his most recent book and ACR article as foundation material for this workshop.
2:45 p.m. – 4:00 p.m. – WORKSHOPS
Daniel Ben-Zvi, Esq. – Mediator – ADR Services, Inc.
Kurt Dettman, Esq. – Dispute Resolution Board Foundation
Daniel D. McMillan, Esq. – Partner – Jones Day
Learn from experts in resolving construction disputes–including one of the creators of the construction dispute resolution program on Boston’s “Big Dig” project, as well as a prominent local mediator and a leading practitioner in construction law–how dispute review boards are revolutionizing the construction industry. Disputes among contractors and sub-contractors used to hold up projects and lead to massive, multi-party litigation, finger-pointing, and enormous legal fees and expenses. There must be a better way.
Building different mechanisms for dispute resolution into the project design from the outset changes the parties’ incentives in a way that benefits instead of impeding the project, and resolves disputes in a more efficient and less destructive manner. The Dispute Review Board model works and can be used in other ways and in other industries.
Wendy W. Kramer, Esq. – Moderator; Mediator/Arbitrator – Kramer & Kramer Mediation and Arbitration Services
Floyd Siegal, Esq. – Mediator – Mediation Offices of Floyd J. Siegal
Gail Nugent – Mediator
Douglas Schiffer, Esq. – Mediator/Arbitrator
Jeffrey A. Guilfoyle, Jr. – Client Development Consultant, FindLaw
The disbanding of the LA Superior Court ADR system has created some some unique challenges to building a successful, financially rewarding ADR practice. Come meet with a marketing specialist and a select group of mediators in various stages of their careers — from newly minted to seasoned practitioners, with practices in the litigated and non-litigated arenas — and learn how to attract and retain your slice of the expanding mediation pie. (1.25 hours law practice management credit available)
Barbara Brown, Esq. – Mediator
Jan Frankel Schau, Esq. – Mediator/Arbitrator – ADR Services, Inc.
Hon. John Leo Wagner – Mediator/Arbitrator – Judicate West
Are mediators, in the immortal words of the Rolling Stones, practiced at the art of deception? Find out from this distinguished panel when deception is and is not acceptable, and discover some other dark secrets of mediation as well. (One hour ethics credit available)
Patricia Kasschau, Esq. – Managing Counsel – Labor And Employment – Toyota Legal One c/o Toyota Motor Sales, U.S.A., Inc.
Jonathan Boxer, Esq. – Senior Counsel – Northrop Grumman Aerospace Systems
Deborah Rothman, Esq. – Mediator, Arbitrator & Arbitration Consultant
Listen to two innovators of in-house dispute resolution program design discuss the development of their respective ADR programs. Ms. Kasschau and Mr. Boxer will discuss the implementation and evolution of their respective programs as well as common trends and challenges in managing an in-house ADR program. They will also share their perspectives on the use of mediation and share insights into what works and what doesn’t work in resolving a workplace dispute.
Hal Abramson, Esq. – Professor of Law, Touro Law Center, New York
Jeff Kichaven, Esq. – Mediator
Continuation of prior session
ADVANCED TRACK III
The Master’s Panel I: Drilling down with Top Neutrals
Eleanor Barr, Los Angeles, CA
Ken Cloke, Santa Monica, CA
Denise Madigan, Los Angeles, CA
Christine Masters, Toluca Lake, CA
Gene Moscovitch, Santa Monica, CA
Lee Jay Berman, moderator and author of the upcoming ABA book “How to Become a Master Mediator”
There is a reason why top mediators are retained time and time again. There is a reason why the Daily Journal designates Top Neutrals year after year, regardless of how they change their selection process from one year to the next. Something makes these mediators special – something more than just preparing well, working hard, and dogged determination not to quit (although those certainly help). Every top mediator has something they do that sets them apart. These top mediators will discuss what goes on in their minds before, during and after a mediation, and will discuss in specific detail what they did to rise to the next level, and what they do that makes so many attorneys return to them over and over. This group has been selected Top Neutral by the Daily Journal a combined total of 16 times over the past eight years, and they will take questions after their initial presentations. As we expect other top neutrals to be in attendance for the Advanced Track, we expect to have a fruitful and practical group discussion that will leave attendees with tips for taking their practice to that next level.
4:00 – 5:15 p.m. – WORKSHOPS
Mark K. Ameli, Esq. – Mediator/Arbitrator – Diversified Dispute Resolution
Hon. Huey P. Cotton – Los Angeles Superior Court, Northwest District – Van Nuys
Maurice J. Attie, Esq. – Panel Moderator, Arbitrator/Mediator – Peace Making Unlimited
Community Mediation in Your Neighborhood and in the Courts: Become a Friend of DRPA.
Charles Chang, Executive Director, Asian Pacific American Dispute Resolution Center
Mary Culbert, Associate Clinical Professor, Director, The Loyola Law School Center For Conflict Resolution
Jacklin Mizrahi, Director, Center for Civic Mediation
Robert Sowell, Acting Director, Dispute Resolution Programs (DRP), County of Los Angeles, Community and Senior Services, Intergroup Relations Specialist, Los Angeles County Human Relations Commission
Christopher M. Welch, Director, Center for Conflict Resolution
Wendy Wright, Director, California Academy of Mediation Professionals
Andy Yoo, Director, 4.29 Dispute Resolution Center of the Korean American Coalition
This workshop will include a presentation on the Dispute Resolution Programs Act – including history of the legislation, various approaches to funding, types of resolution services being offered, how to be trained as a neutral, how to be involved as a neutral, etc. – and the second half of the program to focus specifically on efforts to improve funding.
Robert Wrede, Esq. – Mediator
Hon. John Zebrowski – Mediator/Arbitrator – ADR Services, Inc.
Hon. Michael A. Latin – Mediator/Arbitrator – ADR Services, Inc.
Hon. Enrique Romero – Mediator – ADR Services, Inc.
What should you do when required participants in a mediation fail to appear, or a needlessly bombastic lawyer threatens to walk out? How about counsel making coercive threats of collateral conduct? This panel of three highly experienced neutrals – each a former jurist – will share with advocates and neutrals alike their insights into techniques for managing this and other mediation misconduct without running afoul of applicable ethical, legal and functional confidentiality constraints. Don’t miss this opportunity to add to your tool-box as advocate or neutral and earn valuable MCLE Ethics credits.
Joseph Mansolillo – Commissioner – Federal Mediation and Conciliation Service
Isael Hermosillo – Commissioner – Federal Mediation and Conciliation Service
Have you ever wondered about: (1) How the collective bargaining model of mediation might be different than business or relational conflict models? (2) Who are the parties in a labor-management negotiations and what are their roles? (3) What mediation techniques and skills are used in collective bargaining mediation? (4) How are they different than the techniques and skills used in other types of mediations?
Commissioners Joseph Mansolillo and Isael Hermosillo will provide an overview of how their role as Federal mediators in the labor-management arena is different and the same — all at once. They also plan to provide some insight into some of the unique interactions they have experienced during actual mediation experiences.
Lee Jay Berman, moderator
Jason M. Booth – Booth, LLP
Scott Grossberg – Cihigoyenetche Grossberg & Clouse
Brenda Radmacher – Wood Smith Henning & Berman
Over the past 20 years, mediation has successfully infiltrated the civil litigation system, and with the help of the various court-annexed mediation programs, practicing litigators have been exposed to dozens or even hundreds of different mediators and their different styles and approaches. With the Los Angeles Superior Court’s mediation programs gone, and others throughout the state seriously constrained, thousands of cases that had gone to these programs will now be going to the private marketplace. As advocates have become more seasoned at selecting their mediators, they can articulate better than ever before what they look for in a mediator, what has impressed them, and what has turned them off about mediator conduct. Come and hear where your blind spots may be, and leave with ideas for making advocates demand your services even more as they select their mediators in this new and open marketplace.