ALI-ABA Telephone Seminar Personal Injury Cases: Using Mediation & Other ADR Types: A Quick Course for Plaintiffs & Defense June 18, 2007 Live Telephone/Audio Webcast, Litigation Series TABLE OF CONTENTS PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIAL 1. Notes on ADR Types and Summary Jury, with Bibliography By Clifford A. Rieders 2. Which Factors Make a Personal Injury Case Suitable for Mediation? By Janet Rubin Fields 3. Mediation: The Resolution Revolution By Janet Rubin Fields 4. Hidden Agendas By Janet Rubin Fields 5. THE ABCS OF EFFECTIVE ADR Ten Practical Tips for Representing Clients in Mediations By Bobby M. Harges Page ix xiii xv 1 11 17 23 27
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ALI-ABA Telephone Seminar Personal Injury Cases: Using Mediation & Other ADR Types: A Quick Course for Plaintiffs & Defense June 18, 2007 Live Telephone/Audio Webcast, Litigation Series
PROGRAM
All Times Eastern Daylight 12:00 noon Introductions What Types of ADR Modes Are Available? - Cliff Rieders Early neutral evaluation; Facilitative & Evaluative Mediation; High-Low Agreements; Binding & Non-Binding Arbitration; Summary Jury; Focus Groups in ADR 12:15 p.m. Audience Questions 12:20 p.m. Which Factors Make a PI Case Suitable for Mediation? — Janet Rubin Fields What Are the Advantages & Limits of Mediation in Personal Injury Cases? 12:25 p.m. 12:40 p.m. Audience Questions What Does a Good Plaintiff’s Personal Injury Lawyer Hope to Achieve with Mediation? — Cliff Rieders & Al DiRocco What Do Corporate Clients & Defense Lawyers Expect from Mediation? Audience Questions Selecting the Mediator: Using Judges v. Lawyers v. Lay People as Facilitators — Bobby Harges Preparing Your Case for Mediation: Is It Different from Preparing for Trial? How to Advocate for Your Client during Mediation Preparing Your Client for Dynamics among Parties, Counsel & Mediator during Mediation Joint Session & Separate Caucus - Janet Rubin Fields
12:50 p.m. 1:00 p.m.
1:35 p.m.
The End Stage of Mediation: Don’t Blow It! — Bobby Harges Memorializing, Enforcing & Challenging Agreements Reached with Mediation Five Steps to Successful Mediation of a Personal Injury Case - J anet Rubin Fields Audience Questions Adjournment
1:50 p.m. 2:00 p.m.
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PROGRAM SCHEDULE
Eastern National Teleseminar/Webcast Adjournment 12:00 noon 2:00 p.m. Central 11:00 a.m. 1:00 p.m. Mountain 10:00 a.m. 12:00 noon Pacific & Arizona 9:00 a.m. 11:00 a.m. Alaska 8:00 a.m. 10:00 a.m. Hawaii 6:00 a.m. 8:00 a.m.
SCOPE AND PURPOSE
Can you reach a better settlement by using Alternate Dispute Resolution? Do you know enough about the mechanics and practice of mediation and other types to consider ADR in your Personal Injury cases? The trend today is to resolve more Personal Injury cases with ADR, particularly mediation. Why? Find out from this national panel which includes a personal injury plaintiffs' lawyer and defense lawyer, and two mediators experienced in personal injury cases. Each is a leader is his or her field. Suggested Prerequisite: Some experience in selecting, valuing and handling personal injury cases. No experience in ADR required. Educational Objective: Provision of information on resolving cases by Alternate Dispute Resolution; maintenance of professional competence as a practitioner. Level of Instruction: Intermediate. Total 60-minute hours of instruction: 2.0; Total 50-minute hours, 2.4.
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ALI-ABA Telephone Seminar Personal Injury Cases: Using Mediation & Other ADR Types: A Quick Course for Plaintiffs & Defense June 18 , 2007 Live Telephone/Audio Webcast, Litigation Series PLANNING CHAIR Clifford A. Rieders, Esquire Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt 161 W 3rd St Williamsport, PA 17701-6407 FACULTY Albert DiRocco Gilbert & Kelly 1055 W 7th St Ste 2000 Los Angeles, CA 90017-2546 Janet Rubin Fields Fields Mediation 12100 Wilshire Blvd Ste 650 Los Angeles, CA 90025-7141 Bobby M. Harges Loyola University New Orleans Law School 7214 Saint Charles Ave Campus Box 90 New Orleans, LA 70118
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FACULTY BIOGRAPHIES Planning Chair Clifford A. Rieders, Williamsport, Pennsylvania Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt Clifford A. Rieders, is a principal at Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt, Williamsport, Pa., is a Past President of the Pennsylvania Trial Lawyers Assn., and handles a variety of state and federal litigation, including medical malpractice, aviation, professional liability, railroad, dram shop and constitutional. A graduate of New York University and the Georgetown University Law Center, Cliff is a prolific writer and teacher on litigation topics. He is the author of several books including the Pa. Trial Lawyers book on Medical Malpractice. Faculty Albert DiRocco, Los Angeles, California Gilbert & Kelly Albert P. DiRocco, Jr., a partner at Gilbert, Kelly, Crowley & Jennett, LLP, Los Angeles, specializes in personal injury defense. His clients include major insurance carriers, self-insureds and public entities. He has also served as an Arbitrator for Los Angeles County. Al received his B.A. degree in 1980 from the University of California at Davis and his J.D. degree in 1984 from Loyola University of Los Angeles, graduating with honors in both degrees. Janet Rubin Fields, Los Angeles, California Fields Mediation Janet Rubin Fields, Fields Mediation, a full time neutral at Judicate West in Los Angeles, has mediated and arbitrated thousands of disputes since 1997 involving serious personal injury, employment, insurance coverage, bad faith, professional liability, contract, business, real estate and securities matters. She has resolved hotly debated and sensitive matters comfortably empowering parties to settle their case within the confines of confidentiality and has earned her reputation as an active and empathetic listener entrenching herself in every case. Ms. Rubin Fields practiced as a civil litigation trial attorney representing plaintiffs and defendants and is a speaker, author and educator on mediation. Bobby M. Harges, New Orleans, Louisiana Loyola University New Orleans Law School Bobby Marzine Harges is a practicing mediator and the Adams and Reese Distinguished Professor of Law at Loyola University Law School in New Orleans. Prior to his arrival at Loyola, Bobby practiced law in New Orleans with Deutsch Kerrigan and Stiles, specializing in civil and construction litigation. Before entering law school, he worked as an electrical engineer. An experienced mediator, arbitrator, and attorney-chair of medical review panels, he is the co-founder of the Loyola Mediation Clinic and the principal mediation trainer for xiii
he is the co-founder of the Loyola Mediation Clinic and the principal mediation trainer for the Loyola Institute for Continuing Legal Education. He received a J.D. from the University of Mississippi and an LL.M. from Harvard University.
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