Certification Credits: 3.0 Business Litigation and 3.0 Civil Trial
This three-part webinar is an in depth discussion of every aspect of the mediation process from planning, client communication, attendance and participation rules, ethical conflicts, opening session, caucus tactics, mediation strategy, negotiation tools, confidentiality issues, and enforcement of settlement agreements. The program is designed for both experienced litigators as well as risk managers and claim professionals who regularly participate in mediation. Participants will hear from a mediator and two experienced litigators with diverse practices and mediation experiences. Attendees may choose to attend one, two or three sections each one hour in length.
Part 1 covers important and thought-provoking information on the challenges lawyers face during the pandemic and special concerns with virtual mediation during the pandemic. This section promotes better mediation advocacy by debunking mediation myths, discusses current rules, and how litigation practice habits are at odds with mediation theory. Part One is a candid discussion of how best to prepare for mediation, common misconceptions, attendance criteria and rules, mediator selection, special challenges in multi-party litigation, and the importance of timing in mediation.
Part 2 further expands upon the best practices for mediation and offers suggestions for changes in current practice habits. This section discusses how to draft compelling written submittals to the other side, and client preparations. This section explains preparation in a contingency fee case, in an hourly rate commercial case, in bankruptcy, and best practices for an attorney representing an insured defendant and liability carrier.
Part 3 discusses how lawyers may become better mediation advocates, ethical problems and managing conflicts, opening statements, mediator techniques used to bridge the gap, and issues related to drafting durable settlement agreements including confidentiality and enforcement.
An overview of the latest changes in Guardianship pertaining the to the Chapter 744 that will go into effect July 1, 2020. Specifically, professional guardians and potential conflicts of interest that should be addressed and referenced in the Petition. Also discussed are the issues concerning Do Not Resuscitate Orders, and the new procedure under the statute. the practicality of having an evidentiary hearing and obtaining an expert witness via video conferencing software and potential issues that may arise under the statute and how to avoid them.
Recent changes to bankruptcy practice and procedures in the Middle District of Florida in the wake of COVID-19. The discussion will review new Administrative Orders, tips on telephonic hearings and 341 meetings, the impact of the CARES Act on Chapter 7 and Chapter 13 bankruptcy practice, and ways to effectively maintain your bankruptcy practice while working remotely.