Webinar: The Queen’s Gambit for Mediation: Skills, Techniques, and Strategies for Seeing Three Moves Ahead
April 20, 2021 @ 12:00 pm – 1:30 pm
This program offers 1 participatory MCLE credit.
Effective representation of a client in mediation requires skills, strategies, and techniques that differ from those used in court. This program explores key elements for lawyers to consider in preparing for and participating in mediation, whether the session is conducted in person, on a virtual platform, or in a hybrid environment. Topics to be addressed include:
- Understanding your case and developing a negotiation plan – positions, interests, and alternatives
- Choosing a mediator – stylistic differences beyond the false dichotomy of evaluative vs. facilitative mediators
- Customizing the mediation process – why pre-session calls with the mediator matter
- Selecting participants and preparing your client
- Advocating effectively in writing and orally
- Negotiating techniques and maintaining flexibility through the mediation
Speakers: Rebecca Callahan, Howard Herman, and Jiyun Lee
Rebecca Callahan is a full-time mediator / arbitrator with offices in Newport Beach, California. Her area of expertise is complex business disputes, based on a 30-year career as a business litigator before becoming a full-time neutral. She is a member of the American Arbitration Association’s commercial and international arbitration and mediation panels, and is a Fellow with the College of Commercial Arbitrators.
Rebecca received her JD from Cal Berkeley and her undergraduate degree from USC. She also holds an LLM in Dispute Resolution from Pepperdine University School of Law / Straus Institute, where she serves as an adjunct professor teaching mediation, arbitration and mediating the litigated case.
Rebecca speaks and writes frequently on various ADR topics. Most recently, she presented on Arbitration Ethics: Ensuring the Integrity of the Profession, Settlement Building Techniques for Use in Mediation, and Advanced Arbitration Skills.
Howard Herman is a full-time neutral at JAMS in San Francisco. For more than 23 years, he led the highly regarded ADR Program of the U.S. District Court for the Northern District of California. He began his ADR career in the earliest experiments with appellate mediation at the Ninth Circuit Court of Appeals. He then served as the first director of ADR programs at the Superior Court in Contra Costa County before moving to the Northern District.
Mr. Herman has mediated several thousand disputes since 1985; case types include employment, business/commercial, ADA access, civil rights, copyright, trademark, and environmental. He specializes in matters involving high emotion and complex power dynamics.
Mr. Herman is a recognized leader in the ADR field. He has taught basic and advanced mediation skills to thousands of mediators, lawyers, law students, and judges throughout the United States and around the world. He has been an adjunct professor at UC Hastings teaching ADR courses since 1996. He served as chair of the ABA Section of Dispute Resolution from 2015 to 2016. Among other honors, he twice has received the Robert F. Peckham Award for Excellence in ADR presented by the Ninth Judicial Circuit (2002 and 2019).
Jiyun Cameron Lee is a commercial litigation partner at Folger Levin LLP in San Francisco, and the chair of its Litigation Practice Group.
Jiyun has represented technology companies, financial institutions, law firms, hotels, and non-profit organizations, as both defendants and plaintiffs. Particular areas of expertise include commercial contract disputes, fraud, trade secret misappropriation, Title III of the Americans with Disabilities Act, and defending employers in labor and employment disputes, including class action lawsuits.
Jiyun is an experienced trial lawyer who has conducted trials in both federal and state courts, as well as evidentiary hearings before courts and administrative agencies. She has extensive experience handling claims involving injunctive relief, and has successfully obtained preliminary injunctions and specific performance decrees in contract and intellectual property matters.
Jiyun is an arbitrator on the Commercial Arbitration panel of the American Arbitration Association, and serves as a volunteer mediator for the United States District Court for the Northern District of California. She teaches negotiation at Stanford Law School.
Jiyun obtained her law degree from Harvard Law School, and received her B.A. in Politics and Legal Studies from the University of California, Santa Cruz. She is a member of the California Bar.