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Mediation in 2023: Strategies, Ethics, and Unwritten Rules

Tricks, Traps, and Ethical Boundaries: Ethical Considerations for Attorneys in Mediation

Created byF. Shields McManus
IntermediateUpdated Aug 22, 2023
Mediation in 2023: Strategies, Ethics, and Unwritten Rules

What You'll Learn

  • check_circleUnderstand the importance of messaging, authority, and confidentiality in mediation.
  • check_circleEvaluate when to walk away from mediation and explore alternative dispute resolution options.
  • check_circleAddress challenges in multiparty mediation, including conflicts of interest and diverse interests.
  • check_circleComply with ethical standards and maintain professionalism throughout the mediation process.
  • check_circleEffectively communicate fees, manage client expectations, and ensure transparency in billing.
  • check_circleImplement strategies to address unrepresented parties, maintain confidentiality, and avoid unethical behavior.

About This Course

This comprehensive course is designed for attorneys seeking to enhance their skills and knowledge in mediation. Through a series of in-depth modules, participants will explore the unwritten rules, best practices, and ethical considerations that contribute to successful mediation outcomes.

The course covers a wide range of topics, including how to select the right mediator, prepare clients for mediation, apply effective negotiation techniques, address challenges in remote mediation, navigate cultural differences, and manage unexpected developments during the process. Ethical considerations, authority issues, disclosure, and working with unrepresented parties are also thoroughly addressed.

Attorneys will gain practical insights and actionable strategies to navigate the mediation process with confidence, advocate effectively for their clients, and achieve favorable settlements.

Some of the topics discussed include:

  • Unwritten Rules and Preparation in Mediation
  • Choosing the Right Mediator
  • Preparing Clients for Mediation
  • General Mediation Preparation for Attorneys
  • Negotiating in Remote Mediation: Challenges and Strategies
  • Dos and Don’ts of Opening Statements
  • Strategies for Successful Mediation
  • Techniques for Effective Negotiation
  • Cooperative vs. Competitive Negotiation Styles
  • Joint Session vs. Caucus Approaches
  • Numbers and Anchoring in Decision-Making
  • Lawyers' Influence on the Mediator
  • Managing Unexpected Surprises in Mediation
  • Assessing When to Walk Away
  • Deescalating Emotions and Handling Cultural Differences
  • Language and Communication Challenges
  • Dealing with Bad Faith Behavior
  • Challenges in Multiparty Mediation
  • Ethics and Professionalism in Mediation
  • Framing and Messaging in Mediation
  • Authority Issues and Representation
  • Disclosure in Mediation: Requirements and Strategy
  • Tricks vs. Ethical Tactics
  • Working with Unrepresented Parties
  • Confidentiality in Mediation
  • Mediation Fees and Financial Transparency
  • Addressing and Managing Client Expectations

Your Instructors

F. Shields McManus

Mediator, Arbitrator, Special Magistrate | Shields McManus, LLC

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star121 reviews

F. Shields McManus is Certified as a Circuit Court and a Family Mediator by the Florida Supreme Court. He often serves as an arbitrator and a special magistrate in civil court. After retiring from the Circuit Court bench, he became a mediator to help people resolve their legal conflicts successfully and expeditiously. His experience as a trial judge and as a trial lawyer has contributed to his skills as a mediator. F. Shields McManus grew up in South Florida and achieved a Bachelor of Arts degree from Florida State University. He then graduated from the FSU College of Law with Honors. While at FSU he was commissioned as an artillery officer in the United States Army Reserve.

Carl Braun

PODCAST HOST | LEARNFORMULA

Business Solutions Manager from October 2019 to present Area Manager - Workforce Solutions Rural Capital Area from May 2019 to October 2019. Responsible for directing the efforts of an 8 person Business Consulting Team for the nine-county Rural Capital Area (the 9 counties that surround Austin (Travis). Deliver business services to more than 10,000 employers annually including access to grants, pandemic funding, training, recruitment and retention strategies and more. Work closely with other Workforce Boards, Texas Veterans Commission and Texas Vocational Rehabilitation Services. Established the Rural Capital Neurodiversity Project with VR partners. As a USAF veteran I closely support TVC intiatives and have two TVC Business Reps working with my team to serve our veterans and their families. Directing the efforts of the WSRCA Hiring Red, White and You Career Event both online and in Round Rock and San Marcos. After 10 years of growing Cross-Post LLC from zero to more than 250 clients we sold the company to Recruitology (Aftercollege Inc), Previously as CEO and co-founder of Cross-Post LLC, I was responsible for assisting 250+ newspaper clients like The Washington Post, The Seattle Times and the Milwaukee Journal Sentinel in offering recruitment products that grow revenue while helping their employer/advertisers fill distinct needs. These are unique upsell or add-on products that employers want and need. In all we had fifteen niche recruitment networks from Trucking to Healthcare, partnering with the leading job boards in the space. Recruitology continue's serving our former clients. Developed some of the first internet job boards in 1996 focusing on recruiting women, minorities and veterans. Sold that company to DiversityInc Magazine in 2001 and remained as their President of the Careers Division until 2003 growing it to more than 4,000 clients. Formerly, SVP of Strategic Recruitment for The Inclusiv Group, a retained executive search firm. 30 year history in recruiting and business development working for companies like Emerson Electric, The St. Paul Travelers and Borden.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

What Students Are Saying

4.7 out of 5
Student's Choice
121 reviews

Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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