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Bracketing in Civil Mediation: Breaking Impasse and Closing Cases

Impasse stalls settlement and burns client money. Learn to evaluate when mediation—not litigation—fits the dispute, prepare persuasive briefs and exhibits, navigate opening sessions and private caucuses, and deploy brackets—including blind brackets—to narrow gaps and close cases.

2026-08-06 13:00:00

Program Details

2026-08-06 13:00:00

2026-08-06 13:00:00

2h CLE Credits

Program Details

2026-08-06 13:00:00

Program Details

2026-08-06 13:00:00

Over 1,000+ webinars

2026-08-06 13:00:00

Course Overview

The most valuable settlement tool is the one attorneys are most intimidated by

2026-08-06 13:00:00

Mediation saves cost, moves faster, stays confidential, and keeps parties in control of outcomes. Yet many attorneys arrive unclear on what mediation is — and what it is not. And the bracket — the tool that most often bridges the final gap — remains the least understood.

Arrive without a focused brief and strategic exhibits, and you negotiate from behind. Track endpoints instead of midpoints, and you misread every number exchanged. Misjudge who proposes a bracket and who moves next, and momentum stalls. Time it wrong, and a valuable tool becomes a costly pitfall.

This two-session program covers when mediation fits, how to prepare counsel and clients, and how the mediation day unfolds. It then drills into brackets: when to use them, their pitfalls, midpoints versus endpoints, and blind variants. You leave with practical takeaways and real fluency — a negotiation tool that breaks impasse and closes cases.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
When Mediation Fits
Identify the scenarios where mediation belongs and weigh its benefits — cost savings, efficiency, confidentiality, and party control — against litigation.
02
Preparing Counsel and Clients
Apply best practices for mediation briefing and the strategic presentation of exhibits before the session begins.
03
Inside the Mediation Day
Navigate opening sessions, private caucuses, and the negotiation techniques mediators use to bridge the gap and reach settlement.
04
Bracket Fundamentals
Define what brackets are, how they narrow settlement gaps, when they are best used, and their pitfalls.
05
Midpoints and Sequencing
Track midpoints versus endpoints and determine who proposes a bracket and who moves next.
06
Blind and Confidential Brackets
Master the mechanics of blind/confidential brackets and the practical takeaways that build fluency with this negotiation tool.

Program schedule

clock 1:00 pm - 2:00 pm EST

Mediation: From Beginning to Bracketing

This session offers a comprehensive walkthrough of the mediation process, from initial consideration through the negotiation strategies that drive resolution. Attendees will gain a clear understanding of what mediation is—and, just as importantly, what it is not—along with practical guidance on identifying the scenarios in which mediation should be considered as a path to resolving a dispute. The presentation will explore the benefits of mediation as an alternative to litigation, including cost savings, efficiency, confidentiality, and party control over outcomes. Attention will be paid to effective preparation for both counsel and clients, covering best practices for mediation briefing and the strategic presentation of exhibits. Finally, the program will demystify the mechanics of the mediation event itself, walking attendees through how a typical mediation day unfolds—from opening sessions and private caucuses to bracketing and other negotiation techniques used to bridge the gap and reach settlement.

Michael B. MurphyMichael B. Murphy
clock 2:10 pm - 3:10 pm EST

Mastering Brackets: A Strategic Guide to Bracketed Negotiation in Mediation

This session is designed to teach attorneys and mediators how to effectively use brackets in settlement mediations. It begins by defining what brackets are and then explains how brackets can help narrow settlement gaps, when brackets are best used, and the pitfalls of brackets. The presentation breaks down the less accessible parts of brackets, such as tracking midpoints vs. endpoints, figuring out who proposes a bracket, who moves next, etc. so that attorneys who wish to use brackets no longer need to be intimidated by them. Finally, the presentation will also cover the mechanics of blind/confidential brackets and give attorneys many practical takeaways that will increase their fluency with this very valuable mediation tool.

Diana MaierDiana Maier
Michael B. Murphy

Michael B. Murphy

JAMS

Diana Maier

Diana Maier

Signature Resolution

Michael B. Murphy

Michael B. Murphy

JAMS

Michael B. Murphy is a mediator, arbitrator, court-appointed neutral (referee/special master) and neutral evaluator with JAMS, with home offices in San Francisco and Northern California. An internationally recognized attorney, he brings more than 40 years of experience in matters ranging from straightforward to complex and high-value, across the United States and abroad, spanning insurance, construction, professional liability, personal injury, mass tort, energy, entertainment, sports, class action, and international and cross-border disputes. His participation in alternative dispute resolution over four decades reaches back to the very genesis of modern ADR practice.

Education & Credentials

Mr. Murphy earned his J.D. from the University of Santa Clara School of Law in 1983 and his B.A. from the University of Santa Clara in 1980. He was admitted to the State Bar of California and the State Bar of Indiana in 1984 and holds the AV Preeminent rating from Martindale-Hubbell.

Recognition & Leadership

Before joining JAMS, Mr. Murphy served as chair of Severson & Werson's Insurance Practice Group and as the firm's General Counsel and Risk Managing Shareholder. Clients routinely engaged him as monitoring counsel for neutral, honest case evaluations independent of defense counsel, and he was particularly sought out to resolve high-profile, media-sensitive and politically sensitive matters requiring discretion.

Professional Involvement

Mr. Murphy has presented internationally on insurance and catastrophic-loss topics, including “California Wildfires and Inverse Condemnation” at the 8th Annual Bermuda Insurance Market Conference of the Bermuda Insurance Institute (2018) and a session on the producing broker's role in catastrophic and mass tort events at TechAssure's International Members' Conference in Baden-Baden, Germany (2018).

Experience

Mr. Murphy practiced at Severson & Werson from 1987 to 2025, following positions at Tabbert & Capehart and as a Deputy Attorney General for the State of Indiana. His work has included coordinated mass tort proceedings arising from the San Bruno underground gas pipeline explosion, utility-related wildfires in California, Oregon, Texas, Colorado and Oklahoma, some of the largest natural-resource damages claims in the history of California and Alaska, a billion-dollar construction-related professional liability claim in Australia, and insurance and reinsurance disputes across the U.S., European, London, Bermuda/offshore and Asia-Pacific markets, including numerous Lloyd's of London syndicates. He has served as mediator, arbitrator, and Superior Court– and federal court–appointed special master, resolving dozens of bodily injury claims as a neutral.
Diana Maier

Diana Maier

Signature Resolution

Diana Maier is a mediator with Signature Resolution, based in San Francisco and available for both virtual and in-person hearings. With nearly 30 years of legal experience spanning the policy arena, the courtroom, the workplace, and the mediation table, she specializes in employment disputes and commercial conflicts, with practice areas including business and commercial contracts, class action, PAGA, intellectual property, real estate, landlord/tenant, and probate/trust and estates matters. Throughout her career, her focus has been on translating conflict into meaningful progress — creating a mediation environment where parties feel heard, enabling movement past adversarial positions toward durable solutions.

Education & Credentials

Ms. Maier earned her J.D. from Stanford University School of Law and her B.S., Magna Cum Laude, from Georgetown University. A licensed attorney since 1998, she holds the Association of Workplace Investigators Certificate (AWI-CH), the field's premier credential, and is fluent in Spanish. She serves as an empaneled mediator for the Northern District Court of California (2019), the Central District Court of California, the Alameda, Contra Costa, and Riverside County Superior Courts, and the San Mateo County Bar Association.

Recognition & Leadership

Ms. Maier was named California Lawyer's Attorney of the Month in 2021 and has been selected to SuperLawyers each year since 2022. She has chaired both the Alternative Dispute Resolution Section (2022–2024) and the Labor & Employment Section (2013–2016) of the Marin County Bar Association, and in 2024 was elected to the Board of Directors of Marin Water. Earlier in her career as a public defender, she achieved above-average trial outcomes and helped establish Santa Clara County's first juvenile mental health court.

Professional Involvement

Ms. Maier is the founder and creator of Joy in the Law (2018–Present), a movement dedicated to helping lawyers reconnect with their purpose, values, and well-being. She has been a member of the Association of Workplace Investigators since 2012 and of ProVisors San Francisco 14 since 2018, and previously served on the boards of OneJustice (2009–2018) and Queen's Bench (2000–2015). She is also active in community service, including Moms Demand Action and international service projects.

Experience

Ms. Maier was the founding partner of Maier Law Group, where she practiced until 2025, following positions as in-house employment and privacy counsel at Quantum Corporation (2013–2018), employment litigator at Bushnell, Caplan, Fielding and Maier (2003–2008), and deputy public defender for Santa Clara County (1999–2003). Her career has spanned work as a plaintiff- and defense-side employment attorney, in-house counsel, workplace investigator, and elected official.
Michael B. Murphy

Michael B. Murphy

JAMS

Michael B. Murphy is a mediator, arbitrator, court-appointed neutral (referee/special master) and neutral evaluator with JAMS, with home offices in San Francisco and Northern California. An internationally recognized attorney, he brings more than 40 years of experience in matters ranging from straightforward to complex and high-value, across the United States and abroad, spanning insurance, construction, professional liability, personal injury, mass tort, energy, entertainment, sports, class action, and international and cross-border disputes. His participation in alternative dispute resolution over four decades reaches back to the very genesis of modern ADR practice.

Education & Credentials

Mr. Murphy earned his J.D. from the University of Santa Clara School of Law in 1983 and his B.A. from the University of Santa Clara in 1980. He was admitted to the State Bar of California and the State Bar of Indiana in 1984 and holds the AV Preeminent rating from Martindale-Hubbell.

Recognition & Leadership

Before joining JAMS, Mr. Murphy served as chair of Severson & Werson's Insurance Practice Group and as the firm's General Counsel and Risk Managing Shareholder. Clients routinely engaged him as monitoring counsel for neutral, honest case evaluations independent of defense counsel, and he was particularly sought out to resolve high-profile, media-sensitive and politically sensitive matters requiring discretion.

Professional Involvement

Mr. Murphy has presented internationally on insurance and catastrophic-loss topics, including “California Wildfires and Inverse Condemnation” at the 8th Annual Bermuda Insurance Market Conference of the Bermuda Insurance Institute (2018) and a session on the producing broker's role in catastrophic and mass tort events at TechAssure's International Members' Conference in Baden-Baden, Germany (2018).

Experience

Mr. Murphy practiced at Severson & Werson from 1987 to 2025, following positions at Tabbert & Capehart and as a Deputy Attorney General for the State of Indiana. His work has included coordinated mass tort proceedings arising from the San Bruno underground gas pipeline explosion, utility-related wildfires in California, Oregon, Texas, Colorado and Oklahoma, some of the largest natural-resource damages claims in the history of California and Alaska, a billion-dollar construction-related professional liability claim in Australia, and insurance and reinsurance disputes across the U.S., European, London, Bermuda/offshore and Asia-Pacific markets, including numerous Lloyd's of London syndicates. He has served as mediator, arbitrator, and Superior Court– and federal court–appointed special master, resolving dozens of bodily injury claims as a neutral.
Diana Maier

Diana Maier

Signature Resolution

Diana Maier is a mediator with Signature Resolution, based in San Francisco and available for both virtual and in-person hearings. With nearly 30 years of legal experience spanning the policy arena, the courtroom, the workplace, and the mediation table, she specializes in employment disputes and commercial conflicts, with practice areas including business and commercial contracts, class action, PAGA, intellectual property, real estate, landlord/tenant, and probate/trust and estates matters. Throughout her career, her focus has been on translating conflict into meaningful progress — creating a mediation environment where parties feel heard, enabling movement past adversarial positions toward durable solutions.

Education & Credentials

Ms. Maier earned her J.D. from Stanford University School of Law and her B.S., Magna Cum Laude, from Georgetown University. A licensed attorney since 1998, she holds the Association of Workplace Investigators Certificate (AWI-CH), the field's premier credential, and is fluent in Spanish. She serves as an empaneled mediator for the Northern District Court of California (2019), the Central District Court of California, the Alameda, Contra Costa, and Riverside County Superior Courts, and the San Mateo County Bar Association.

Recognition & Leadership

Ms. Maier was named California Lawyer's Attorney of the Month in 2021 and has been selected to SuperLawyers each year since 2022. She has chaired both the Alternative Dispute Resolution Section (2022–2024) and the Labor & Employment Section (2013–2016) of the Marin County Bar Association, and in 2024 was elected to the Board of Directors of Marin Water. Earlier in her career as a public defender, she achieved above-average trial outcomes and helped establish Santa Clara County's first juvenile mental health court.

Professional Involvement

Ms. Maier is the founder and creator of Joy in the Law (2018–Present), a movement dedicated to helping lawyers reconnect with their purpose, values, and well-being. She has been a member of the Association of Workplace Investigators since 2012 and of ProVisors San Francisco 14 since 2018, and previously served on the boards of OneJustice (2009–2018) and Queen's Bench (2000–2015). She is also active in community service, including Moms Demand Action and international service projects.

Experience

Ms. Maier was the founding partner of Maier Law Group, where she practiced until 2025, following positions as in-house employment and privacy counsel at Quantum Corporation (2013–2018), employment litigator at Bushnell, Caplan, Fielding and Maier (2003–2008), and deputy public defender for Santa Clara County (1999–2003). Her career has spanned work as a plaintiff- and defense-side employment attorney, in-house counsel, workplace investigator, and elected official.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs