When Push Comes to Shove in the Bargaining Stage


INSTRUCTOR:  Jessica Notini, J.D.

DATES: June 23-24, 2016 (9:00 am – 4:30 pm)

LOCATION: Muir Woods Conference Room
    175 N. Redwood Drive
    San Rafael, CA 94903

FEE: $550 (Early registration: $490 if paid by 5/12/16, or
$520 if paid by 5/26/16.)

CE CREDITS:  MCLE, BBS and CPA OPD - 12 hours.

This workshop will consist of an interactive mix of discussion, demonstration and practice emphasizing the latter phases of a mediation in which parties and representatives are developing and analyzing settlement proposals. We will use small exercises and one substantial roleplay each day to practice and develop skills to facilitate bargaining, conduct an alternatives analysis, assess whether and how to use caucus, overcome impasse and manage some of the difficult moments that occur along the way. We will also increase consciousness of the different types of leverage or influence that mediators and participants apply as they seek to push, pull or entice each other towards agreement.

Learning Objectives:

  • Practice management of later phases of a medaition and use of caucus
  • Analyze appropriate and inappropriate use of caucus
  • Compare and apply different forms of mediator leverage to promote settlement
  • Discuss the advantages and disadvantages of working with representatives and practice effective structuring of their participation in mediation
  • Define how to help mediation participants with a methodical and educational assessment of their alternative(s) to a mediated settlement agreement
  • Review the steps and psychology of the “Money Dance” and facilitate bargaining in settlement discussions
  • Recognize possible causes of impasse and discuss how to overcome it and cross the last gap
  • Share some of your most difficult moments with your most difficult clients and discuss different approaches for management