May 15
9:00 a.m. - 1:00 p.m.
Professor Emeritus
Straus, Caruso School of Law
Pepperdine
Impasse
This half day program will provide opportunities to discuss the following concepts and techniques that affect our outlook and execution of IMPASSE: defining mediator success, the Tension between Neutrality and Fairness, Informed Decision Making as to process and outcome, assessing the extent a settlement proposal meets enough of their underlying interests, BATNA/WATNA/MLANTA, Gerry Williams’s research documenting Attorney Overconfidence and the mediator’s role as Agent/Angel of reality: confronting after having been empathetic, Loss Aversion and Golann’s suggestion of Mediators as grief counselors, Emphasizing Costs and Risks including Net to Client analysis to motivate plaintiffs and Randy Kiser’s research to motivate defendants, Ethical issues when using the Hypothetical Offer and the Negotiated Mediator’s Proposal techniques, and Brackets.