Moving Disputes from Litigation to Settlement: How to Engage in Successful Mediation

Robert J. Jossen
Robert J. Jossen | Robert Jossen P.C.

Robert Jossen, PC, has been a seasoned trial lawyer and litigation attorney, with experience in many different types of disputes, touching financial, commercial, art, labor, education and the legal industries.

On-Demand: January 10, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Dealing with a legal dispute can be daunting and expensive, whether it’s a divorce, a property issue, or a complex commercial litigation. The rising costs of litigation, the time involved in bringing a dispute from complaint to trial, and a reluctance to engage in lengthy trials, whether with a jury or not, have made mediation an increasingly popular option for resolving these disputes. A well-organized mediation process can enhance the likelihood of reaching a settlement, either during the session or through follow-up efforts. For practitioners of all degrees of experience, in this program discover effective strategies that will equip you with the knowledge and tools needed for a productive mediation process.

Key topics to be discussed:

  • Understanding Mediation as a Legal Process
  • The Shift to Mediation
  • Timing of When to Engage in Mediation
  • Leveraging Strategic Opportunities
  • Thorough Preparation for Mediation
  • Using Concrete Evidence in Negotiations
  • How to Proceed in Mediation Sessions

Closed-captioning available

Speakers

Robert J. Jossen_myLawCLERobert J. Jossen | Robert Jossen P.C.

For over 40 years, Robert J. Jossen, the principal of Robert Jossen, PC, has been a seasoned trial lawyer and litigation attorney, with experience in many different types of disputes, touching financial, commercial, art, labor, education and the legal industries. Mr. Jossen has served as a mediator and arbitrator in numerous disputes. He has extensive training in mediation and arbitration. His courtroom prowess has been recognized by election as a Fellow of the American College of Trial Lawyers.

Mediator and Arbitrator

With a wealth of experience in prosecuting, defending, trying and settling complex litigation problems, Mr. Jossen’s focus primarily is on dispute resolution, serving as a mediator or arbitrator, and, separately, as a counselor on specific assignments providing advice and counsel to individuals or entities in crisis situations. As a neutral, his interest in mediation is purely to achieve a result which is satisfactory to all parties involved. As an arbitrator, his interest is to reach a just and reasoned decision based upon the information presented and the governing law.

Counselor and Trial Lawyer

Mr. Jossen has earned the reputation over the years as a practical, seasoned trial lawyer, with impeccable judgment and analytic abilities. These are tools critical to an effective mediation or arbitration of any dispute, and to analysis and problem solving in difficult situations.

Agenda

I. Understanding Mediation as a Legal Process | 1:00pm – 1:15pm

  • Definition and role of a mediator in facilitating dispute resolution
  • Importance of mediation as part of Alternative Dispute Resolution (ADR)

II. The Shift to Mediation | 1:15pm – 1:30pm

  • Factors driving the popularity of mediation in today’s legal landscape
  • Benefits of mediation over traditional litigation

III. Timing of When to Engage in Mediation | 1:30pm – 1:45pm

  • Importance of initiating mediation early if possible
  • Factors which influence timing

IV. Leveraging Strategic Opportunities | 1:45pm – 2:00pm

  • Utilizing pending dispositive motions to enhance settlement discussions
  • Clarifying misunderstandings to improve negotiation outcomes

Break | 2:00pm – 2:10pm

V. Thorough Preparation for Mediation | 2:10pm – 2:30pm

  • Key elements of effective case preparation
  • Importance of understanding facts, timeline, and financial implications

VI. Using Concrete Evidence in Negotiations | 2:30pm – 2:50pm

  • How to ground settlement offers in specific damages
  • Strategies for adjusting offers based on comparative fault

VII. How to Proceed in Mediation Sessions | 2:50pm – 3:10pm

  • The importance of a mediation agreement
  • Whether to engage in joint sessions and how to handle
  • Building goodwill and demonstrating empathy during discussions
  • How to engage with the mediator toward a constructive process

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2.0 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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