"A Litigator's
Guide to Mediation, and Mediator's Guide to Litigators" with O. Russel
Murray
Spring Mediation Celebration - April 11, 2008
What You Will Learn
- How to prepare your
client for mediation
- The use of a
mediation plan
- The importance and
use of the opening statement
- The use of joint vs.
separate sessions
- How to decide what
information to disclose in the mediation session
- The propriety of ex
parte communications with the mediator
- The cause and
resolution of impasse
- Other ADR options…
and much, much more
Who Can
Benefit?
- Mediators from all
fields
- Non-lawyers wishing
to learn how lawyers view mediation
- All lawyers
interested in mediation and alternative dispute resolution practices
- All Rule 31
mediators
- Lawyers unfamiliar
with mediation
- Lawyers looking for
cutting-edge mediation
O. Russel Murray's Book FREE
All participants receive The Mediation Handbook: Effective
Strategies for Litigators (Bradford Publishing 2006) free. Additional copies will be available for purchase ($55).
Keynote Speaker: Honorable
Judge Dale Workman
The Honorable Judge Dale
Workman will provide his perspective on Alternative Dispute Resolution
Meet The Trainer - O. Russel
Murray- Mediator, Arbitrator, Dispute Resolution Counsel
Before becoming an ADR
professional, Russel worked for over 20 years as a business litigation
and transaction attorney. After receiving his LLM from Northwestern
University Law School in 1977, Russel began his career as a trial
attorney with the United States Department of Justice, Antitrust
Division, in Washington, D.C., where he also served as a Special
Assistant United States Attorney.
In 1980, Russel returned to
Denver with a large law firm, where he practiced until 1983 before
forming his own business litigation and transaction firm.
O. Russel Murray is the
Managing Director of
ADRcom.com and is one of the leading
business and commercial ADR professionals in Colorado and the Rocky
Mountain Region. He has arbitrated and mediated cases locally,
nationally, and inter-nationally. He has lectured and written
extensively on the subject. His most recent book, The Mediation
Handbook: Effective Strategies for Litigators will be given to all
participants.
A review of The Mediation
Handbook: Effective Strategies for Litigators by O. Russel Murray (Bradford
Publishing 2006)
Mediators and lawyers need
reference material that is informative, helpful, understandable, and
capable of producing the "AH HAH" moment. The Mediation Handbook:
Effective Strategies for Litigators, by O. Russel Murray is just that.
It is a great tool for lawyers, lawyer/ mediators, and non-lawyer
mediators. This has something to offer everybody involved in the
mediation process.
Lawyer/litigators will
greatly benefit from this book. Mr. Murray suggests that preparation for
mediation must include an inventory of the client’s interests, needs,
and motivations (INM), as well as those of other disputant(s). He also
describes how to communicate with the mediator to achieve an optimal
agreement, and offers valuable suggestions on how to switch gears from
the litigation mindset to the dispute resolution mindset. One chapter is
devoted to describing an entirely new area of practice: the Dispute
Resolution Counsel.
Mediators will gain from
his easy-to-remember techniques and humor. His wonderful tips, tools and
strategies will certainly improve their effectiveness and skills.
Non-lawyer mediators get a sense of how to work with lawyers. Mr. Murray
describes how to help the lawyer and his client reach deal optimality
and transaction efficiency. Mr. Murray’s book will help the mediation
participant to prepare for the mediation session by obtaining
information which is necessary to successful mediation.
Toward the end of the book
there is a chapter on ethics in mediation and a fascinating section on
Game Theory as it applies to the mediation process. Mr. Murray says "In
the vein of finding favorable outcomes for parties in conflict, Game
Theory has some of the same goals as the mediation process.”
Mr. Murray helps all of us
interested in quality mediation to analyze, scrutinize, and add to our
arsenal of tools. This book belongs as a handy reference book in
everybody’s briefcase.
"Effective mediation can
lead to better settlements- & achieving better settlements means greater
satisfaction for your clients & a thriving law practice for you!." - O.
Russel Murray
The practice of law has
long been our tradition and system of dispute resolution in our society.
However, the focus of litigators has been to “win,” which also means
someone will “lose.” Therefore, the arena of law, played out in our
courtrooms, is seen as a game, or more often a battle between two
warriors. Because of the high cost of litigation, many cases (90 to 95%)
are settled out of court.
O. Russel Murray asks, “Did they settle well?” Optimal resolutions are
rarely found in win-lose scenarios. So, because education and training
of lawyers prepare them as “warriors,” finding optimal resolution
through settlement may be a difficult shift. Education and training in
mediation can be helpful.
Mediation has become a useful tool for optimizing your clients’ best
interests. Through the mediation process, your clients can “settle well”
and optimal resolutions can be achieved. Winning the best for your
client may also mean that the opposing party may participate in winning
for optimal resolution for everyone. Murray introduces us to the idea of
Dispute Resolution Counsel.
O. Russel Murray, in his book The Mediation Handbook: Effective
Strategies for Litigators (2006), provides useful information for
litigators to utilize for an optimal, cost effective system of dispute
resolution that meets the 21st century legal framework in which lawyers
are now working—the settlement scenario.
Registration Form
To access the registration
form for this event, please
click here.
Directions
If you need directions to the TVUUC, please
click here to visit MapQuest. This service will allow you to put in your
starting address as well as ending address and give you precise directions
to the Church. TVUUC's address is 2931 Kingston Pike, Knoxville, Tennessee
37919.
|