Conference Details and Workshop Descriptions

You can also find additional workshops:

This year’s conference offers up to 6.25 hours of CLE Credits including 1 hour of Competence!

Friday, November 2, 2018

Conference Kick-Off Dinner

  • Location: California Grand Ballroom
  • 2018 Randolph Lowry Award Presented to Professor Lisa Klerman, Esq.
  • Installation of the 2019 SCMA Board of Directors
  • Special Presentation by “Kids Managing Conflict”

Saturday, November 3, 2018

Opening Plenary (8:45am – 10:00am)
Announcements; Cloke-Millen Peacemaker Award; Kenneth Cloke “Politics, Dialogue & the Evolution of Democracy”

  • Location: California Grand Ballroom
  • Presentation: 2018 Cloke-Millen Peacemaker Award to Avis Ridley-Thomas
  • Keynote Speaker: Kenneth Cloke on “Politics, Dialogue & the Evolution of Democracy”
  • Introduction of SCMA’s 2018 Mentoring Class Participants

Keynote Speaker – Kenneth Cloke

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Cloke-Millen Peacemaker Award Honoree – Avis Ridley-Thomas

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Workshop 1 (10:30am – 11:45am)
Mediators Effecting Systems Change Step by Step

  • Location: Bunker Hill
  • Speaker: Avis Ridley-Thomas

Description

The focus of this workshop will be how mediators can effectively use skills in every sector of life; in the family, in the neighborhood, at work, in community organizations, in religious institutions, in the civic arena to enhance our collective quality of life. Practical examples of the wide range of potential applications and opportunities for involvement will be highlighted.

Avis Ridley-Thomas

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Workshop 2 (10:30am – 11:45am)
More than a Messenger: Advanced Communication Skills for the Modern Mediator

  • Location: Pacific Salon 1
  • Speakers: Stacie Feldman Hausner, Esq. and Jan Schau, Esq.

Description

This workshop will lay bare the common mistakes mediators make and the traps that lie beneath the surface in nearly every mediation. From pre-mediation calls all the way through closing and follow-up, Stacie Feldman Hausner, Esq. and Jan Frankel Schau, Esq. will add insight into all of the ways that effective communication can positively affect both the process and outcome of commercial litigation.

Stacie Feldman Hausner, Esq.

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Jan Frankel Schau

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Workshop 3 (10:30am – 11:45am)
Mediation Awareness Starts in the Schools: The Training, Practice, and Benefits of Peer Mediation Programs in Middle and High Schools

  • Location: Angelino
  • Speakers: Maria Simpson, Ph.d., Karen Crowley-Marks, Karen DeVoogd, and Clayton Joseph Scott

Description

This workshop is in partnership with “Kids Managing Conflict” – the foundation arm of SCMA. Mediators have long been frustrated by the fact that most members of the general public do not know what mediation is and do not see its value. The importance and potential of mediation as it applies to peaceful families, communities, and schools, as well as legal disputes, is lost on most people in conflict.

However, students who participate in Peer Mediation Programs (PMPs) in their schools not only see the value of mediation in resolving disputes, they understand the benefit to themselves as future mediators and to their communities. Having learned the skills, techniques, and practices used in resolving conflict, and having served as mediators, some for years, they carry their experiences with them into adult life. Over several decades, research has repeatedly demonstrated that a peer mediation program on campus creates an atmosphere of safety and empowerment among the most vulnerable students and leads to a safer school overall.

Maria Simpson, Ph.D.

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Karen Crowley-Marks

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Karen DeVoogd, M.A.

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Clayton Joseph Scott

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Workshop 4 (10:30pm – 11:45pm)
Understanding How the Neurobiological Differences Between Men and Women Affects Communication and Collaboration

  • Location: Pacific Salon 3
  • Speaker: Michel Zelnick, Esq.

Description

Does gender affect communication and collaborative problem solving? Well, it turns out that men and women’s brains are not the same. They process information and emotions quite differently. Business Therapist Michel Zelnick will be discussing some of the neurobiological factors that impact the interactions between men and women and, more importantly, how an understanding of these factors can result in more effective communication and collaboration.

Michel Zelnick, Esq.

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Workshop 5 (1:00pm – 2:15pm)
Facilitating Apologies and Forgiveness in Mediation

  • Location: Pacific Salon 1
  • Speaker: Forrest “Woody” Mosten

Description

The power of saying “I’m sorry” cannot be overstated in its impact on possible settlements. The adversarial system discourages parties from taking responsibility for their action as apologies are often viewed as admissions which can later be used against the apologizer and demonstrate weakness.

Participants in this workshop will explore the concepts of apology and forgiveness, and learn a step by step template to prepare parties and their lawyers for the process of apology. In addition to exploring the proactive coaching role of the mediator, you will learn how to help parties utilize the apology process whether it goes well…or unfortunately, whether the parties cannot properly express an apology or be willing to accept an apology that is delivered in a heartfelt manner.

Forrest “Woody” Mosten

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Workshop 6 (1:00pm – 2:15pm)
Online Defamation & Strategies for Settlement

  • Location: Bunker Hill
  • Speakers: Mark Lemke, Esq., Renata L. Hoddinott, Esq., and Martin E. Sullivan, Esq.

Description

Online reviews are critically important to companies’ reputations, profits, and survival. A tension exists between online speech, and real-world repercussions, between freedom of speech and the abuses of outright lies. This tension arises in many disputes. Mediators need to know how to incorporate online reviews and posts in settlement agreements, and need to know how to do so in an enforceable way. Panelists will analyze the California Supreme Court’s recent landmark ruling in Hassell v. Bird regarding an allegedly defamatory Yelp review. Panelists will also equip mediators with tools for addressing online reputation management, non-disparagement, and confidentiality into their settlements. This workshop is tailored to commercial, employment, and community mediators.

Mark Lemke, Esq.

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Renata L. Hoddinott, Esq.

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Martin E. Sullivan, Esq.

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Workshop 7 (1:00pm – 2:15pm)
No Limits – Expand Your Practice by Adding Online Mediation

  • Location: Pacific Salon 3
  • Speakers: Susan Guthrie, Esq., Maritza Gutierrez and Adya Riss

Description

Today we live in a world where business is routinely conducted via video conferencing and messaging and personal relationships are maintained over Facetime and Skype. Physical boundaries do not inhibit workplace meeting among colleagues around the globe and long-distance relationships thrive despite the fact that the parties are geographically remote. As the internet has become an integral part of our everyday lives clients and parties in disputes are increasingly looking for, and expecting to find, access to mediation and dispute resolution services online. The vast majority of our potential clients are already using the technology in their everyday lives and many courts and private ADR practitioners are seeking to integrate an online platform into their offered services. This workshop will introduce mediators to the basics of online mediation and outline best practices and ethical considerations applicable to the online dispute resolution process, most importantly the issues of privacy and confidentiality. In addition, we will review tips and pointers for conducting a successful mediation via video or web-conferencing and/or screen sharing. Finally, we will outline how a practitioner can quickly and easily integrate the online platform into their existing practice in order to expand their availability and convenience to those seeking to resolve their disputes.

Susan Guthrie

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Maritza Gutierrez

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Adya Riss

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Workshop 8 (1:00pm – 2:15pm)
Becoming a Certified Professional Mediator – Information and Q&A with the MC3 Board

  • Location: Angelino
  • Speakers: Victoria Gray, Dr. Jack R. Goetz, Esq., Barbara Brown, Esq., Jason Harper, and Chris Welch

Description

On October 4, 2017, the Los Angeles County Superior Court (LASC) issued a request for proposals (RFP) for civil mediation services. The RFP offers mediation providers the opportunity to help settle LASC cases in an effort to address LASC’s growing calendar overload. However, the RFP controversially excludes non-attorney mediators and attorney mediators with less than ten years of California Bar membership. This effectively disqualifies a significant number of mediators, many of whom have been successfully settling LASC cases for years. More- over, these restrictions have no basis in research on mediation success, which shows little difference in settlement rates between attorney and non- attorney mediators.

LASC’s RFP is a wake-up call for the mediation community. The RFP is evidence that if we fail to establish our own mediator qualifications, others will do it for us. And too often, they will do it in a way that is inconsistent with our shared values and the values of the mediation profession. This presentation will discuss the creation of the Mediator Certification Consortium of California and the impending 2019 implementation of the Certification program to become a Certified Professional Mediator (CPM).

Victoria Gray

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Dr. Jack R. Goetz, Esq.

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Barbara Brown, Esq.

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Jason Harper

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Chris Welch

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Workshop 9 (2:30pm – 3:45pm)
Show Me(diators) the Money: Strategies for Success

  • Location: Pacific Salon 1
  • Speakers: Wendy Kramer, Esq., Mitch Tarighati, Esq., and Douglas Schiffer

Description

Join three private commercial mediators (former SCMA President and co-founder of the SCMA Mentorship Program, Wendy Kramer, current chair of the SCMA Mentorship Program, Mitch Tarighati and SCMA Mentor Doug Schiffer) for a workshop designed to assist both new mediators who wish to create a successful private practice, as well as provide tips to those who have already launched their practices and desire to learn strategies to help fulfill their growth potentials in our highly competitive Southern California market.

Wendy W. Kramer, Esq.

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Mitch Tarighati, Esq.

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Douglas Schiffer

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Workshop 10 (2:30pm – 3:45pm)
Dirty Deeds Done At Mediation: Exploring Tactics and Responses.

  • Location: Bunker Hill
  • Speakers: Michael R. Diliberto, Esq., Jeffrey G. Huron, Esq., Nicholas P. Connon, Esq., and Hon. Enrique Romero (Ret.)

Description

Hardball tactics are mind games that negotiators use to throw a counterpart off their game. This program will cover the top hardball tactics typically employed in commercial mediations, and will explore how and why these tactics are used, how the parties and their representatives usually react to such tactics, and how a mediator who understands these tactics may offer assistance to keep the negotiation on track for settlement.

Michael R. Diliberto, Esq.

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Jeffrey Huron, Esq.

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Nicholas Connon, Esq.

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Judge Enrique Romero

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Workshop 11 (2:30pm – 3:45pm)
Eldercaring Coordination: A New Court-Connected ADR process for California probate courts.

  • Location: Angelino
  • Speakers: Sarah Gross, Esq. and Judge Kim Hubbard

Description

This is an educational, theory-based workshop on a new alternative dispute resolution process for high-conflict elder/probate cases called Eldercaring Coordination. The workshop will explain eldercaring coordination in the context of elder dispute resolution by: explaining how the process functions in relation to the court system and elder mediation; explain the purpose of the process in assisting families to resolve conflict in conservatorship, eldercare, and probate cases; and explain the relationship between elder mediation and eldercaring coordination. This workshop will also contain a training component on identifying high-conflict cases and evaluating whether cases are appropriate for eldercaring coordination rather than, or in addition to, elder mediation. The workshop will close with a discussion of the Orange County Superior Court Eldercaring Coordination pilot program (probate/mental health division) and the opportunities for both elder mediators and eldercaring coordinators that are now available.

Sarah J. Gross, M.Ed., J.D., LL.M.

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Judge Kim Hubbard

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Workshop 12 (2:30pm – 3:45pm)
Healing thru the Law: Using the Law & ADR as Tools for Healing & Transformation

  • Location: Pacific Salon 3
  • Speaker: Hass Sadeghi, Esq., MDR

Description

Unprepared for the inevitable non-legal components, most practitioners shy away from the emotionally-charged, psychological-blocks and “relationally-messy” elements of their cases – being prepared to effectively deal with and address these facets of your clients’ cases will create expertise and fulfillment all around.

Likewise, learning proactive techniques to empower and bring creative transformation as well as breakthroughs for your clients on their cases is seminal to longevity in the marketplace.

This training will explore how we can become agents of transformation and creative visionaries, while training participants on practical and effective Integrative Law/ADR techniques to provide comprehensive and optimal service for clientele.

Hass Sadeghi, Esq., M.D.R.

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Closing Plenary (4:00pm – 5:15pm)

  • Location: California Grand Ballroom
  • Keynote Speaker – India Johnson, President and CEO of the American Arbitration Association
  • Panel Discussion moderated by SCMA President, Dr. Jack R. Goetz, Esq., with panel members from the American Arbitration Association and local university ADR leaders:
    • Professor Sukhsimranjit Singh – Managing Director, Straus Institute for Dispute Resolution, Pepperdine University School of Law
    • Dr. Brian Jarrett – Director, Negotiation, Conflict Resolution, & Peacebuilding Program, California State Dominguez Hills
    • Richard Peterson – Director, Judge Judith O. Hollinger Program in Alternative Dispute Resolution, University of Southern California Gould School of Law
    • Michael R. Powell – Vice President, American Arbitration Association
    • Harold Coleman, Jr. Esq. – Senior Vice President Mediator/Executive Director, AAAMediation.org

Keynote Speaker – India Johnson

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Panelists and Presentation Descriptions

Professor Sukhsimranjit Singh

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Identity of the Mediator – Professor Sukhsimranjit Singh

Singh will speak on “the identity of a mediator” and based on his experience with hundred of mediations, he will discuss and raise questions about the power of ‘new self’ in mediation.

Dr. Brian Jarrett

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Sociology of Professions/Mediation – Dr. Brian Jarrett

Dr. Jarrett will discuss the future of mediation from a sociological perspective. He proposes that in order for the contemporary practice of mediation to grow and thrive as a field mediator organizations should include a plurality of perspectives and practices. He recommends that mediation remain an interdisciplinary practice.

Professor Richard Peterson

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Viewing mediation through the lens of Therapeutic Jurisprudence – Professor Richard Peterson

Therapeutic Jurisprudence is one of the vectors of the progressive law movement and was founded in the early 1990’s as an interdisciplinary approach to evaluating how law acts as a therapeutic agent upon those who engage in its context. This presentation will discuss mediation as viewed through the lens of therapeutic jurisprudence and explore the potential synergies that may be generated by utilizing this lens to study the psychological and emotional impact of various approaches to mediation upon those who participate in the process.

Harold Coleman, Jr. Esq.

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Michael R. Powell

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Straight from the Source: User Needs, Values & Perspectives (source: AAA Users Survey, 2018) – Michael R. Powell and Harold Coleman, Jr. Esq.

AAA-ICDR-AAAMediation.org executives Harold Coleman, Jr. and Michael Powell will provide an overview of seminal findings and ‘take-aways’ from the ABA Dispute Resolution Section’s 2017 task force study and the Association’s 2018 survey of litigators, in-house counsel, and mediators on what the marketplace needs, values and expects from mediation and today’s ‘modern mediator.’ Don’t miss this — you may be surprised!

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