Mediation: Start to Finish

Agenda / Content Covered

10:00 am to 5:00 pm - All times are shown in Eastern time

1. Preparing and Advising Participants
   10:00 - 11:00, Christopher P. Kriesen
   1. Choice of Mediation; Mediation Defined
      1. Mediator's Role vs. the Attorney's Role
      2. Mediator's Advisement Do's and Don'ts
   2. Creating the Mediation Agenda
      1. Divorce
      2. Court Ordered
      3. Elder Law
      4. Post Divorce
      5. Civil/Conciliation Court
2. Mediation Statements/Briefs
   11:00 - 11:30, Christopher P. Kriesen
   1. What to Include/Not Include
   2. Liability and Damages Disputes
   3. How Did the Parties Reach the Current Position of the Case?
   4. Reviewing the Position of the Case
   5. Current Standing of Negotiations
3. Negotiation Styles (and Strategies!)
   11:45 - 1:15, Robert J. Kasieta
   1. Opening Communication
   2. Recognizing Common Goals and Forming Relationships
   3. Making Things Easy and Finding Middle Ground
   4. Aggressive Negotiator, Evading Technique and "Walk Away" Strategy
   5. The Collaborative Approach
   6. Making Offers and Counteroffers
   7. Using Documentation and Evidence
   8. Building a Record of Negotiations
   9. Addressing the Weak Points
   10. Negotiation Mistakes to Avoid
   11. What to do When the Negotiations Fail
4. Documenting the Settlement
   1:45 - 2:15, Robert J. Kasieta
   1. Status of the Mediation
   2. Lack of Consent of Pertinent Parties
   3. What to Include/Not Include
   4. What to do if Settlement is Reached/Not Reached
5. Re-Starting Stalled Negotiations - Overcoming Deadlock/Impasse
   2:15 - 2:45, Robert J. Kasieta
6. Handling Difficult Scenarios
   2:45 - 3:45, James A. McEntarfer
   1. Multiple Parties
   2. Difficult Clients
   3. Child-Related Matters
   4. What if Participants Cannot Attend?
   5. When Should the Mediation be Terminated? Should Another Mediator be Appointed?
7. Mediation Ethics
   4:00 - 5:00, James A. McEntarfer
   1. Confidentiality of Mediation
   2. Protecting the Voluntary Participation of Each Party
   3. Mediator Impartiality and Neutrality
   4. Conflicts of Interest
   5. Mediation and Unauthorized Practice of Law

Accreditation Details:

ROBERT J. KASIETA is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

CHRISTOPHER P. KRIESEN is the founder and principal of The Kalon Law Firm, LLC, where his practice areas include personal injury, civil litigation, appeals, and ADR. Mr. Kriesen is admitted to practice in Connecticut and before the United States District Court of Connecticut. He is a trained mediator (Harvard Law School, Advanced Mediation Workshop, Program on Negotiation) and serves as an attorney trial referee in Hartford Superior Court. Mr. Kriesen earned his B.Sc. degree from Villanova University; his J.D. degree from the University of Connecticut School of Law; and his M.A. degree, with distinction, from Trinity College.

JAMES A. McENTARFER is the founder of McEntarfer Law Office in Angola, where his focus areas include civil and domestic mediation, litigation, real estate, estate planning, and probate. Mr. McEntarfer is a registered mediator in both civil and family law. He is a member of the Indiana State Bar Association and treasurer of the Steuben County Bar Association. Mr. McEntarfer earned his B.S. degree from the University of Evansville, his J.D. degree from Indiana University in Indianapolis, and has also completed the Indiana Graduate Program for Judges.