PROGRAM DESCRIPTION:

This program will examine the nuances of alternative dispute resolution with respect to residential real property disputes. Panelists will examine how astute advocates approach mediation and arbitration, versus litigation. Together, we will explore best practices before and during the ADR process, including:

• How to approach mediation and arbitration
• How to propose mediation and arbitration to clients seeking advocacy
• How to best draft ADR clauses in real property agreements
• How counsel can best transition from advocacy to proposing settlement
• Choosing the right mediator or arbitrator
• Ethical obligations to ensure a mediated settlement agreement is admissible and enforceable 
• Client confidences and permitted communications
• What to do or say when a mediator may try to elicit privileged information
• How to handle similar issues in direct negotiations without a third party
• Advocacy in mediation and arbitration, versus litigation
• A look into the mind of your mediator or arbitrator
• Applying the rules of evidence and other procedural rules in mediation or arbitration
• Do I really have to have my client sign a form stating they cannot sue me for malpractice?

SPEAKERS:
Lee Jay Berman | The Mediation Offices of Lee Jay Berman
Caroline C. Vincent, Esq. | ADR Services, Inc
Carl Kanowsky, Esq. | Kanowsky & Associates
Sadara DeVonne, Esq. (Moderator) | DeVonne Law