On Mediation

CLE Workshops

 

Advanced Mediation Practice Challenges for Court Mediator Panelists, three separate day-long workshops in the Eastern District of Michigan, under the auspices of the CPR Institute for Conflict Prevention and Resolution (2000, 2006, and 2023). (Two of these were referenced above because they included a decision tree analysis segment.  However, they covered additional advanced mediation topics.)

 

Mediation Workshop at Schiff Hardin, LLP. Two-day workshop under the auspices of CPR Institute for Conflict Prevention and Resolution, March 2013.

 

Advanced Mediation Workshop for court mediator panelists, Middle District of Pennsylvania. One-day workshop, 2014.

 

Making Mediators: A Strategy and Skills Workshop for Neutrals and Intensive Mediation Workshop, for the Kentucky Bar Association. Co-taught and designed with Professor Dwight Golann, one-day workshop in 2016, and four-day workshop in 2019.

 

A Strategy and Skills Workshop for Neutrals and Advocates, for the Memphis Bar Association. One-day workshop co-taught and co-designed with Professor Dwight Golann in 2016.

 

Mediator Training for panel mediators of the U.S. District Court, Western District of New York. Two-day workshop under the auspices of the CPR Institute for Conflict Prevention and Resolution, co-designed and taught with mediator Amy Glass, in April and May-June 2012.

 

Making Mediators – A Practice Workshop. Two-day workshop under the auspices of the Center for Practice, University of Cincinnati College of Law, annually 2007 - 2010.

 

Advanced Mediation Practice Challenges for Court Mediator Panelists, two day-long workshops in the Eastern District of Michigan, under the auspices of the CPR Institute for Conflict Prevention and Resolution. (2000 and 2006).

 

Commercial Mediation Workshops at JAMS-ADR. Under the auspices of Endispute, Inc., and, later, JAMS-ADR, two 4-day mediation workshops, co-designed and co-taught with Professor Dwight Golann in 1996 and 1997. 

 

Harvard Law School, Program of Instruction for Lawyers, Advanced Mediation Workshop, with Professor Robert Mnookin (HLS) and Gary Friedman, Esq. (June 1997).

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Presentations and short programs

 

Fly on the Wall: Videos of Diverse Mediator Styles, with Professor Dwight Golann, ABA Section on Dispute Resolution Conference (April 2017).

Without a Joint Session: What’s your Plan B? with Professor Dwight Golann and Jay Folberg, ABA Section on Dispute Resolution Conference (April 2015).

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Mediators’ Set-Up for Lawyers’ Work, ABA Section on Dispute Resolution Spring Conference, Miami, FL, with Professor D. Golann (April 2014). 

 

How to Share a Mediator’s Powers: The Advocate’s Perspective, ABA Section on Dispute Resolution Spring Conference, Chicago, Il., with Professor D. Golann (April 2013).

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Mediator Evaluation: Giving Bad News, Kentucky Bar Assoc. Annual Conference, Louisville, KY (June 2012).      

 

How to Counter “Spin” without Counter-Spinning: Ways to Deal with Aggressive Advocates and Ill-Counseled Clients, with Professor D. Golann, ABA Section on Dispute Resolution, Washington, DC (April 2012).

 

Difficult Delivery: Bearing Bad News, Procter & Gamble Legal Dept. (Nov 2010; Sept. 2011).

 

When the Music Stops: How to Overcome ‘Insulting’ First Offers, Bad Faith Refusals to Negotiate and Other Impasses in Bargaining, ABA Section on Dispute Resolution Spring Conference, NYC, with Professor D. Golann and David Geronemus (2010).

 

Mediator Manipulation: The Art and The Ethics, plenary Frank E. Sander lecture, ABA Section on Dispute Resolution Spring Conference, Atlanta, with Professor D. Golann (April 2006).

 

Advanced Mediation in Employment Disputes, presentation at the ABA Section on Dispute Resolution, Annual National Conference, with mediator Margaret Shaw (March 2003). 

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On Negotiation, Client Communication, and Persuasion

 

Goodwin Procter, Negotiation Workshops for Transactional and Litigation Associates (with D. Golann, Oct. and Dec. 2022).

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UC Faculty Enrichment Center, Effective Negotiation Workshop (Dec. 2022; sched. March 2024)

UC Faculty Enrichment Center, Negotiation Workshop for Women (October 2022).

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Actors’ Imaginary Truths for Lawyers, UC Law Downtown Faculty Teach-In (2016).

 

Negotiating Anchors, Perception, Power, and Improvisation for Better Deals, UC Law Downtown Faculty Teach-In (2015).

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On Delivering Bad News, jointly sponsored by the Cincinnati Bar Association, and the Center for Practice, designed and taught this half-day CLE workshop (2013).
 

UC Women Lead, Negotiation Workshop, annually from 2015 – 2019.

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Merck Pharmaceutical, Negotiation, Conflict, & Powerful Speech Workshop (Oct. 2014, March & Dec. 2015).

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Counseling and Convincing Difficult and Emotional Clients, with Dr. Daniel Shapiro (of the Program on Negotiation at Harvard Law School and Harvard Medical School), developed workshop design and created original materials (2004 & 2005).

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Cincinnati Department of Public Services, Persuasion through Presentation, one-day workshop with IWA Strategies, Inc., through the Xavier Leadership Center (October 2017).

 

Clopay Building Products, Inc., Persuasion through Presentation, one-day workshop with IWA Strategies, Inc., through the Xavier Leadership Center (March 2017).

 

New Zealand Office of Treaty Settlements, customized negotiation training and consultation toward resolution of treaty settlement claims (August 2013).

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The Procter & Gamble Company, Picturing, Pondering, Pursuing Perfect Negotiation Process for Greater Gain in an All-Play Game, for Design Summit 3.0, and in-house design management staff (November 2012), and Negotiating with CPB’s Emotional Resistors, for the [P&G] Clay Street Project (2014).

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LPK, Inc., Negotiating Forward without Fear and With Emotion, and Negotiation Psychology: Taking Aim at Difficult and Entrenched (April 2013). 

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Ford-UAW, Ohio, Better Bargaining: Art, Science, and Practice Workshop, designed and presented/facilitated this two-day joint workshop for Ford & UAW bargaining teams (June 2011, March and May 2015).

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 AT&T Inc., for Genesis Advisers LLC, Strategic Negotiation for Managers, two one-day workshops (Nov. and Dec. 2011).  

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New Zealand Ministry of Foreign Affairs and Trade, New Zealand Ministry of Economic Development, New Zealand Office of Treaty Settlements, New Zealand Ministry of Women’s Affairs, New Zealand Leadership Development Centre, Wellington, NZ various programs between 1999 and 2010, including Advanced Negotiation Seminar, Master Class Workshop, Negotiation in A Nutshell, Great on Your Feet, and Women Negotiating Powerfully, with original simulation materials.  

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Hunneman-Coldwell Banker, Cape Cod, MA, Effective Negotiation Practice, multi-day workshop designed for real estate brokers’ context (November 2000).

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Gray, Carey, Ware & Friedenrich, La Jolla, CA, Negotiation Workshop, half-day program, original instructional video and materials created (October 2000).

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Blue Green Corporation, Atlanta, GA, Negotiators’ Summit, one-day workshop with original materials for transactional real estate context (November 1998).

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Radcliffe Seminar Series, Cambridge, MA, Effective Negotiation Strategies, one-day workshop (Spring 1996 and 1997).

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On Decision Tree Analysis

 

One or Two-day Workshops and Courses

                 

Decision Analysis for Lawyers I &II, Introduction and Beyond the Basics, developed and presented these two-day workshops for lawyers and magistrates, at the Center for Practice, University of Cincinnati College of Law  (2006-08, 2012-13).

 

Mastering Decision Analysis for Mediation Practice (one day workshop) U.S. District Court Mediators, Pennsylvania Middle District  (2015).

 

Evaluative and Activist Mediation, Decision Analysis, and Representation in Mediation, Summer Faculty, Hamline University School of Law, Dispute Resolution Program (2003-06). (Courses included practicing lawyers.)

 

Decision Analysis Workshop course, Summer Faculty, North Carolina Central State University School of Law, Summer Program Faculty  (2007-2009). (Course included practicing lawyers.)

 

Advanced Decision Tree Analysis course (one and two credit versions, University of Cincinnati College of Law (2006, 2008, 2009, 2012, 2023, in addition to introductory module on decision tree analysis within in a client counseling course, once or twice annually from 2007-2023.)

 

Shorter Programs and Presentations

 

Decision Tree Analysis for Lawyers, Lawyer’s Club of Cincinnati (2022).

 

Mediators Climb (Decision) Trees, ABA Section on Dispute Resolution Conference (2019).

 

Mediators Climb (Decision) Trees, ABA Section on Dispute Resolution Conference (2019).

 

Science for Artful Client Counseling Under Conditions of Complexity, High Stakes, Uncertainty & Unwelcome Realities, two-part program on client communication and basic decision analysis, for CPR Institute for Dispute Resolution, St. Louis, MO (2015).

 

Decision Analysis in Practice, Cincinnati Inns of Court (2014); Kentucky Inns of Court (2015).

 

Advanced Mediation Practice Challenges for Court Mediator Panelists, two day-long workshops in the Eastern District of Michigan, under the auspices of the CPR Institute for Conflict Prevention and Resolution. Both included significant modules on decision tree analysis and their application in mediation practice (2000 and 2006).

 

Evaluation in Mediation and Mediators’ Introduction to Decision Analysis at JAMS/Endispute (1996).