CLE

NCAJ Skills Academy: Advanced Mediation – What Goes On Behind Closed Doors

Fri, September 30, 2022   |   8:55 a.m. -4:15p.m.   |  
Virtual
  |   CLE Hours: 6.0 CLE Hours (inc. 1.0 ethics hour)

The NCAJ Skills Academy launched with 6 programs in 2020 including jury selection, direct and cross-examination, winning without trial for civil practitioners, and pre-trial preparation for criminal practitioners.

The goal of the NCAJ Skills Academy is to train the next generation of trial lawyers by offering affordable, on-your-feet training from some of the best trial lawyers across the state.

This program will empower attendees with all of the skills they need to succeed in a deposition. Register today to learn from attorneys on both sides of the V, members of the judiciary and some of the most experienced mediators in our state.

This seminar is for plaintiffs’ attorneys only.

NCAJ season ticket does not apply for this seminar. 

Speakers & Topics

8:55 a.m. Welcoming Remarks by 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 it 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 is 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