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Webinar: It’s Not the Wild West: Determining Which Law(s) Governs Your Mediation

March 29 @ 12:00 pm 1:00 pm

1 Hour MCLE

Mediators are expected to play the role of “Devil’s advocate,” questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute (and defenses).The parties may provide sophisticated though conflicting analysis of that law in the mediation briefing and during the session.  But what about the law applicable to the mediation itself?  What law governs whether, and if so, to what extent anything said or done in the mediation is discoverable in another case?  Similarly, if one side must later seek to enforce a mediated settlement agreement, what law applies and in what court?  There is often little thought given to the law that would govern these important questions—before, during or after the mediation session.   And the sparse caselaw is surprisingly inconsistent in approach. This session will explore some of more interesting cases and hypotheticals as well as best practices for advocates and mediators.  

Non-Member Price – $75.00
Member Price – $55.00

Tamara Lange

Tamara Lange is ADR Director for the U.S. District Court, Northern District of California. She serves regularly as a mediator and early neutral evaluator and provides training and guidance to the Court’s 200+ neutrals. Ms. Lange previously worked at Heller Ehrman; Caldwell Leslie; the National ACLU LGBTQ & HIV Project; Santa Clara County Counsel; and the National Center for Youth Law. She received her J.D. from Berkeley Law and clerked for the Hon. Richard A. Paez in the Central District of California and for the Hon. William A. Fletcher at the Ninth Circuit Court of Appeals.

Rod Thompson

Rod Thompson joined JAMS in 2020 as a mediator and arbitrator with deep experience in commercial disputes involving technology, intellectual property and/or competition. Before joining JAMS, Mr. Thompson was a partner at two law firms and was best known for success in high-stakes commercial litigation.  He has successfully mediated over 125 patent, trade secrets, trademark/advertising, copyright-related and other Intellectual Property controversies as well as serving as arbitrator in dozens of commercial cases. Mr. Thompson also has experience in cybersecurity, employment, entertainment and healthcare disputes.

He is a frequent speaker and author on intellectual property, antitrust, and efficient dispute resolution. He is on mediation and arbitration panels of WIPO and CPR Institute. He is an appointee to the Silicon Valley Arbitration and Mediation Center Tech List. Mr. Thompson has been recognized as among the World’s Leading Technology neutrals (SVAMC), Best Lawyers in America – Intellectual Property Litigation, IP Stars in Managing Intellectual Property and a Northern California Super Lawyer. In 2016 he received the California Lawyer of the Year Award.

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