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Mediating Commercial
and Litigated Cases
with Lee Jay Berman
40-Hour Video Course for Download
Click here to learn more about the course agenda!
This downloadable course is a recorded version of our entire 40-hour live course, comprised of 21 videos, each between 1 and 2 hours long. It qualifies one for having completed 40 hours of a Mediation Training program, complete with a Certificate of Completion valid for California MCLE Credits. Upon processing of your order, you will receive links to each video chapter and an exclusive 6-month license to download at your own pace, with no daily maximum.
Chapters include:
- Competitive Negotiation – Distributive Bargaining
- How to Avoid Exploitation
- How to Win in Competitive Negotiation
- Competitive Negotiation Skills
- Collaborative Negotiation - Integrative Bargaining
- The Roadmap to Integrative Negotiation
- Roadmap to Integrative Negotiation – Brainstorming
- Negotiation Style
- History of ADR, including court applications
- Thomas-Kilmann Grid – 5 Responses to Conflict
- The Introduction Stage
- The Mediator’s Agenda
- The Communication Stage
- Dealing with Power Imbalances
- The Mediator’s Stance: Attached, Unattached or Detached
- The Mediator’s Perspective
- Getting to Yes
- Legal Ethics, Confidentiality, and Mediator Standards of Practice
- Developing and Operating a Mediation Practice
- The Convening Stage
- The Closing Stage
Learning Objectives: At the conclusion of this course, participants will be able to effectively manage the entire mediation process, including but not limited to:
- Demonstrating competence and confidence in initial phone calls, turning inquiries into mediations, and bringing the parties to the table with a mindset and readiness for resolution;
- Understanding and navigating the complex ethical issues surrounding disclosure and confidentiality to build a mediation practice based on integrity;
- Constructing an environment that fosters collaboration and agreement;
- Integrating the complexity of legal and factual issues with emotions and party dynamics;
- Understanding the dynamics of mediating with lawyers and insurance adjusters at the table while practice with real life case content;
- Employing adaptive negotiation strategies to lead the parties to agreement;
- Formulating creative and durable settlements.
*Please note, "The Mediator's Start Kit" is referenced in this course but the course materials are not included.
Our trainer, Lee Jay Berman, adds the following comments:
This program is a practical training course. While covering theory to give you a framework and the intellectual understanding of negotiation and mediation, this course is about learning. There is much to teach about mediation and negotiation, but one reason mediators fail is because they understand the theory, but cannot execute it when under the gun. In this course, you will learn how to mediate and negotiate your way into understanding.
In this course you will learn how to be a complete mediator. Some training programs specialize in teaching a particular method, theory or approach. This course will give you experience with all of the different styles and approaches that complete mediators call upon. Advocates and party representatives will learn how well-equipped mediators think and how to be most effective in negotiating their own cases.
You will also learn how to negotiate better settlements. Because negotiation is the core component of the mediation process, this course emphasizes negotiation skills, strategies and techniques that you and those around you use to impact others’ ability to see and understand.
Negotiation is a continuum from very competitive to very collaborative. To be a complete negotiator, you must become familiar and practiced with all approaches to negotiation. To be a complete mediator, you must be able to recognize these styles in your participants, be fluent in responding to each technique and tactic, and eventually become masterful at orchestrating a negotiation in order to bring about agreement.
Beyond negotiation, this course will emphasize the communication skills that are critical in mediating and settling cases, especially listening to the message beyond the monetary offer to detect strategy, emotions, and hidden messages. You will also learn how to get people to the table, how to create an environment of agreement once they get there, and how to close the deal and bring about a lasting settlement agreement.
Lastly, we will review recent case law and ethical standards in the field concerning confidentiality, disclosure and ethical challenges, as well as how to deal effectively with the interests of outside counsel, insurance representatives, corporate counsel, and parties, including those who are in pro per.
This course meets the educational requirements of most court mediation programs and most panels requiring a 40-hour mediation training. More importantly, it will prepare you to be a successful mediator – helping the parties settle cases that they never thought could.
Lee Jay Berman, President of the AIM Institute
What people have said about this course:
"Thanks for one of the best weeks of my professional career. My words are fruitless to describe how great your class was. I came in thinking that I knew everything there was to know about mediation and realized very quickly how absolutely clueless that I really was. If I am fortunate enough to handle a thousand mediations, your words will guide me through each."
-Bill Walk, Esq. Memphis, Tennessee
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"Lee Jay is the "go-to guy" if you want to learn how to mediate litigated cases."
-Fred Crawford, Redondo Beach, California
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"This course will change your approach to mediation, forever. Find the time to take this program, it will change your practice."
-Steve Groom, Nashville, Tennessee
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"In my view, the pre-recorded video course was excellent. Lee Jay Berman is a skilled presenter who manages the content well"
-Donald Gaymon, President of Caregivers, Inc., Fort Collins, Colorado
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"I thoroughly enjoyed this course, the demeanor and knowledge of the instructor, as well as the participation of the class through roleplaying."
-Sandra Strawder, District of Columbia Court of Appeals, Washington, DC.
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Please note that all store orders are manually processed during regular working hours. Please allow up to 72 hours to receive your access code that will permit you to access your downloads. An email will be sent to the email address you use in the above purchase with a link and access code.
