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Webinar: Truth Telling in Mediation—Is Honesty Still the Best Policy?
May 25 @ 10:00 am – 11:30 am
Special low price! 1.5 Hours MCLE; 1.5 Legal Ethics
Poker players know that misleading an opponent is a useful tool, but when it comes to negotiating, what is the role for truth telling? There is a point when exaggeration becomes deceptive, and a client’s best interests can be disserved by misleading behavior. This program discusses the role Professional Responsibility Rules do or do not play in controlling mediation conduct and addresses the consequences of deceiving an opponent or the mediator.
Charles Dick, who is a Fellow in the Chartered Institute of Arbitrators, is a full-time Arbitrator and Mediator with JAMS in San Diego, California. He formerly was a Partner in the global law firm, Baker & McKenzie and served as Chair of that firm’s North American Litigation Practice Group. During his more than 50 years of trial practice, Mr. Dick’s experience has been recognized with his election to Fellowship in the American College of Trial Lawyers and membership in the American Board of Trial Advocates. He is a member of the Institute for Transnational Arbitration, California Arbitration.org., and the ADR Committee of CLA’s Litigation Section.
Mr. Dick is a recipient of the San Diego trial bar’s highest award for professionalism — The Daniel T. Broderick III Award. He received the San Diego Bar Association’s “Outstanding Attorney of the Year” Award for 2016. He writes and speaks on matters of Professional Responsibility.
Stacie Feldman Hausner, Esq. has mediated full time since 2015. She has successfully mediated more than 1,000 cases in the areas of business, real estate, personal injury, employment, insurance coverage, construction defect, malpractice, civil rights, entertainment, and intellectual property law. She has an exceptionally high settlement rate due to her tenacity, ability to quickly understand issues, calm and friendly demeanor, creative “out of the box” thinking, and keen insight. Before joining ADR Services, Inc., Ms. Hausner had an extensive career as a litigator, practicing law at both defense and plaintiff firms. Ms. Hausner recently has been inducted as a Distinguished Fellow of the International Academy of Mediators and a member of the National Academy of Distinguished Neutrals. She has sat as an ADR Executive Committee Board Member for the California Lawyers Association (CLA), and currently is an ADR Section Executive Committee Member for the Los Angeles County Bar Association. When she is not mediating, she is an Adjunct Professor teaching “Mediation Theory and Practice”, “Advanced Mediation”, and “Mediating the Litigated Case” at the Straus Institute, where she has taught more than 30 classes. She also trains mediators for the United States District Court’s Pro Bono mediation program and presents frequent MCLE trainings on various topics to law firms, bar associations, and mediator organizations, including on topics involving the optimization of settlement and negotiation outcomes.