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Electronic Document

REPRESENTING A CLIENT IN A MEDIATION: PREPARING YOURSELF, YOUR CLIENT AND YOUR CASE - May 23, 2012


Credit(s): 6 CME Hours
Course Number: 22900E_DOC
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    Note:  All ICLEF Publications are protected under © copyright laws of the United States and may not be disseminated, by or through any means, without prior written approval of the Indiana Continuing Legal Education Forum (ICLEF), 230 East Ohio Street, Suite 300, Indianapolis, Indiana 46204 // ph: (317) 637-9102 // fax: (317) 633-8780 // e-mail: iclef@iclef.org



     

    Representing a Client in a Mediation:


    Preparing Yourself, Your Client and Your Case



     6 CLE/ 6 CME/ .5 Ethics



    Program Co- Chairs
     
              Teresa L. Todd - Attorney at Law, Indianapolis
              Richard C. Kraege - The Mediation Group LLC, Indianapolis

     
    Our Faculty

    Samuel R. Ardery - Bunger & Robertson, Bloomington
     
    Sean Conley – Litigation Specialist, Erie Insurance
     
    Richard A. Cook – Yosha Cook Shartzer & Tisch, Indianapolis
     
    Richard C. Kraege - The Mediation Group LLC, Indianapolis
     
    Craig M. McKee - Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute
     
    Tony W. Patterson - Parr Richey Obremskey Frandsen & Patterson
     
    Daniel J. Sigler – Sigler Law LLC, Fort Wayne
     
    Teresa L. Todd  - Attorney at Law, Indianapolis
     
    Kenneth M. Wahnsiedler - State Farm Litigation Counsel, Indianapolis
     
     
    Our Agenda
      

    8:50 A.M.      Welcome and Introduction - Teresa L. Todd & Richard C. Kraege

    9:00 A.M.       History and Overview of Mediation in Indiana – Richard C. Kreage

    9:30 A.M.       Preparing Your Case for Mediation - Plaintiff / Defense Perspectives
                                                                    -Preparing your client

                                                                    -Preparing the mediation statement

                                                                    -Preparing the other side

                                                                    -Involvement of third-parties

                      Panelist: Teresa L. Todd, Richard A Cook, Craig M. McKee

     

    10:15 A.M.     Coffee Break

     

    10:30 A.M.     Representing Your Client at Mediation - Plaintiff / Defense Perspectives
                                                                    -Joint Session: To Be or Not To Be?

                                                                    -Making the Presentation during the Joint Session

                      Panelist: Anthony W. Patterson & Kenneth M. Wahnsiedler

     

    11:15 A.M.     The Caucus Sessions - Plaintiff / Defense Perspectives

                                                                    -Negotiation Techniques

                                                                    -Dealing with Clients’ Expectations

                                                                    - Issues of Confidentiality

                      Panelist: Samuel R. Ardery & Daniel J. Sigler

     

    12:00 P.M.     Lunch (on your own)

     

    1:00 P.M.       Observations from opposing Counsel - What Helps and Hinders Getting Cases Settled at Mediation

                                                                    -What Plaintiffs’ Attorneys Do That Defendants’ Representatives Hate

                                                                    -What Defense Attorneys Do That Plaintiffs Hate

                                                                    -What the Opposing Side’s Attorneys Do That is Effective

                                       -What Mediators Do Effectively

                      Panelists: Sean Conley, Anthony W. Patterson, Daniel J. Sigler, Kenneth M. Wahnsiedler


    1:45 P.M.       Mediators’ Observations - the Biggest Mistakes Lawyers Make

                                                                    -In Preparing for Mediation

                                                                    -During Mediation

                              -How to Effectively Use the Mediator

                              – How Counsel Can Do to Help the Mediator Do His / Her Job

                                                                    -Cultivating Relationships within a Mediation

                      Panelists: Samuel R. Ardery, Daniel J. Sigler, Craig M. McKee

     

    2:30 P.M.       Refreshment Break

     

    2:45 P.M.       Concluding the Mediation

                              -The Settlement Agreement

                               -Contingent Agreements

                              -What If It Doesn’t Settle?

                              -Creative Resolutions

                              - Post Mediation Strategies

                              -Dealing with Liens

                     Panelists: Sean Conley, Richard A. Cook, Craig M. McKee, Anthony W. Patterson,

                                   Daniel J. Sigler, Teresa L. Todd

     

    3:45 P.M.       Pre-Suit Mediation Issues - Sean Conley

     

    4:30 P.M.       Adjourn

    6 CME Hours  

    Samuel R. Ardery, Partner
    Sam has been honored multiple times as an Indiana Super Lawyer and was also invited to be included in the 25th anniversary edition of the Best Lawyers in America. He has been an active litigator for 25 years. Sam has represented clients in state and federal court around the state of Indiana and in several other jurisdictions in the country. He is an adjunct professor of negotiation at the Indiana University Maurer School of Law and has taught and authored articles on mediation, negotiation and commercial litigation. In 2010, he was awarded the Adjunct Faculty Teaching Award. He consults with clients in commercial and catastrophic injury cases. Sam has been one of the busiest mediators in Indiana for 14 years and has mediated more than 2,000 cases. Sam has been trained in advance dispute resolution and negotiation techniques and strategies at Harvard University, Pepperdine University, the University of Wisconsin and other institutions throughout the country. He also spends time consulting with individual clients, corporations and not-for-profit institutions on conflict management. He provides negotiation coaching and facilitation instruction to assist individuals who work in or manage highly volatile situations. Arbitration and other alternative dispute mechanisms also require some of Sam’s time. He was on the faculty of the Indiana Arbitration Forum to address how to better organize and implement arbitration as an effective dispute resolution tool.
    Sean Conley
    Richard Cook
    Richard C Kraege, Attorney at Law / Mediator
    The Mediation Group, LLC
    8888 Keystone Crossing, Suite 1500
    Indianapolis, IN 46240
    ph: (317) 569-3000
    fax: (317) 569-0930
    e-mail: rckraege@mede8.com
    Craig McKee
    Tony W. Patterson, Partner

    Tony W. Patterson is a Partner with Parr Richey Obremsky Frandsen & Patterson, LLP in Lebanon.  He has extensive experience representing personal injury victims and wrongful death survivors throughout Indiana and the Midwest. He has worked hard for victims with serious injuries, including brain injury and spinal cord damage. Mr. Patterson’s personal injury practice includes diverse concentrations in areas such as automobile and trucking accidents, medical malpractice and all other areas of the firm's injury practice. Mr. Patterson has obtained numerous verdicts and settlements on behalf of his clients, including a $7,000,000 medical malpractice verdict. In recognition of his achievements on behalf of his clients, he has been selected by the Indiana Trial Lawyers Association as 2007 Indiana Trial Lawyer of the Year. He has been recognized in The Best Lawyers in America and has been honored with admittance into the Million Dollar Advocates Forum, an organization recognizing “The Top Trial Lawyers in America" which is limited to attorneys who have obtained million dollar verdicts and settlements on behalf of their clients. He has also been recognized in Indianapolis Monthly magazine as an Indiana Super Lawyer in personal injury law. This designation is limited to five percent of Indiana attorneys.

    Daniel J. Sigler
    Teresa L. Todd
    Attorney and Mediator; Indianapolis
    Kenneth M. Wahnsiedler
    DescriptionPagesFile Size
    Representing-Mediation-Client-Table-of-Contents18 Pages431 KB
    Section-one-Richard-C-Kreage20 Pages1 MB
    Section-two-Richard-A-Cook15 Pages697 KB
    Section-two-Teresa-L-Todd24 Pages1 MB
    Section-three-Anthony-W-Patterson10 Pages345 KB
    Section-three-Kenneth-M-Wahnsiedler21 Pages1013 KB
    Section-four-Samuel-R-Ardery14 Pages558 KB
    Section-five-Anthony-W-Patterson5 Pages164 KB
    Section-six-Craig-M-McKee16 Pages933 KB
    Section-seven-Anthony-W-Patterson25 Pages1 MB
    Section-seven-Daniel-J-Sigler6 Pages112 KB
    Section-eight-Sean-Conley4 Pages59 KB
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