Advanced Mediation 
What Goes On Behind Closed Doors

September 30, 2022

Registration includes seminar materials (in electronic format) and 6.0 CLE hours (including 1.0 ethics hour).

* Season Tickets do not apply to Skills Academy seminars 

Please note that you are registering for the virtual option, you will NOT be registered to attend the seminar in person. Your LOGIN INFORMATION will be included in your confirmation email. You MUST complete the final steps to receive this information and save to your calendar.  Virtual registration does NOT mean that you will be registering to view the program at a later date. If you wish to view later, you will need register for the on-demand registration option which will be available approximately 2 weeks AFTER the live presentation. 

This seminar is for plaintiffs' attorneys only.

8:55 a.m. | Welcoming Remarks - Program Chair 

• Paul Dickinson, Law Offices of James Scott Farrin, Charlotte

9:00 a.m.| Plaintiff’s Perspective

• Elizabeth "Libby" Grimes, Grimes Yeoman, PLLC, Attorneys at Law, Mooresville
  • Client Preparation
  • Pre-Mediation Submissions – Benefits and How Much is Too Much?
  • Presentation – To do, or Not to Do?
  • Client Expectations – What Matters to the Client and How to Address Client Expectations
  • What Plaintiffs Think Matters to the Defendant – Does It Really Matter to Plaintiffs?
  • Starting High or Starting Low & Sending “Messages” During Negotiations
  • What Is Included in the “Mediation Agreement” and Why That Matters (Confidentiality and When Is It Raised)

10:00 a.m. | Break

10:15 a.m. | Defendant’s Perspective

• Brian Beverly, Young Moore & Henderson, P.A., Raleigh 
  • Client Preparation & Who Attends, Why, and How (Individual Parties, Corporate Reps, Adjusters, Risk Management)
  • Pre-Mediation Submissions – Benefits and How Much to Too Much?
  • Presentation – To do, or not to Do?
  • What Defendants Think Matters to the Plaintiff – Does it Really Matter to Defendants?
  • What Matters in Defendant’s Room – What’s Liked & Disliked
  • Does it Matter What Plaintiffs Say & Do the Early Numbers Matter?
  • Who’s in Charge in Defendant’s Room?

11:15 a.m. | Mediation Changes Since 2021

• Honorable Sharon Tracey Barrett (Ret), Barrett Resolutions, Asheville
  • Rule Changes 
  • Local Rule Quirks
  • Zoom vs. In Person – Does it Matter Now?
  • Presentations Via Zoom – Can They Be Done Effectively or Should They Be Done At All?
  • Future of Mediation – Is Zoom the Future?

12:15 p.m.| Lunch

1:00 p.m. | Mediator Training – What Is It, What Happens In It, and How Can It Help Litigators? 

• Ellen R. Gelbin, Attorney, Mediator, Arbitrator, Lewisville
  • Why mediation works
  • What is included in the 40 hours of NCDRC MSC Mediation Training
  • Why mediation training will make you a better attorney
  • How to prepare yourself and your client for a successful mediation
  • The benefits of Zoom mediation and mediation training

2:00 p.m.| Break

2:15 p.m. | Ethical Considerations in Mediation

• Joseph B. Chambliss, Jr., JBC Mediations, LLC, Durham
  • NC Dispute Resolution Commission – Roles & Duties
  • The Rules of Mediation and the Ethical Mediator
  • What is Useable vs. What is Admissible After Mediation?
  • Confidential Information – How Mediators Use It
  • The Mediation Agreement – Is it Enforceable?
  • Complaints to the NC Dispute Resolution Commission
  • Can The Mediator Testify in Disputes?

3:15 p.m. | Panel Discussion

• Honorable Sharon Tracey Barrett (Ret), Barrett Resolutions, Asheville 
• Joseph B. Chambliss, Jr., JBC Mediations, LLC, Durham
• Tom Duncan, Thomas C. Duncan, PLLC, Greensboro
• Ellen R. Gelbin, Attorney, Mediator, Arbitrator, Lewisville
• Rene Trehy, Beason & Trehy Conflict Resolution, LLC, Durham
  • How Zoom Has Changed the Mediator's Approach
  • Pre-Mediation Submissions
  • Presentations, PowerPoint, and Exhibits in the Zoom World
  • Don’t Shoot The Messenger
  • Changing Their Mind – Is It Possible – on Either Side? Is it Your Job?
  • Bracketing, Lines in the Sand, and/or Other Effective Negotiating Techniques

4:15 p.m.| Adjourn

SEMINAR MATERIALS

All of our seminar materials are PAPERLESS! Please be on the lookout for an email 72 hours prior to the seminar that includes an electronic link to the seminar materials to download and print.

This program has been approved for credit in the following jurisdiction(s):

North Carolina State Bar, Board of Continuing Legal Education

Credit has been approved with the North Carolina State Bar, Board of Continuing Legal Education for 1.00 Ethics credit and 5.00 General credits.

You are registering for the virtual option for this seminar. The virtual registration link will be included in your confirmation email after you register.  

 

 

Materials available with registration:

Cancellations received one week prior to the seminar date are refunded less a $35 service charge. Refunds cannot be given after this date. Substitutions are welcomed and may be made until the date of the seminar. For registrants who wish to transfer their registration to another NCAJ seminar, transfer requests received by 12:00 noon the third working day prior to the seminar are subject to a $50 transfer fee. Transfer requests received after this time are subject to a $110 transfer fee. Registrations may be transferred once and only to (one day) seminars scheduled through June 30, 2023.