| Recent
Courses in ADR Taught by Joseph McMahon |
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General topic
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Specific sub topics
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Course or sponsor/status
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1
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ADR
101
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What is ADR? What are the various options?
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Pros and cons of each. What options is best suited for a given case?
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Selecting and preparing for ADR.
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Various
law firms
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2
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Introduction
to mediation
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Inviting parties to mediation
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Preparing for mediation
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Using mediation agreements
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The zones in which conflict is resolve (parties’ interests, rights or
power)
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Phases of mediation
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Starting the mediation
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Process agreements
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Exploring the conflict
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Discovering the resolution space/options
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Final phases
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Improving communications in mediation
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Lecturer,
Colo.
Bar Assn., 40-hr
Mediation Training Program, Jan., 2006
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3
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Lawyer
as Problem Solver, Expanding Conflict Management Skills to Better Serve
Clients
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Understanding how to assess conflict – what is a conflict assessment?
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What options are available to resolve conflict?
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What options are based in parties’ legal rights?
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What options are based in parties’ interests?
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Understanding options that use 3rd parties (facilitators and
mediators).
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What options do attorneys have without 3rd parties?
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How are these processes best undertaken?
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Colorado
Bar Assn, planned for
July 18, 2006
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4
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Using
technical teams in mediation and settlement
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When and when not to use technical teams
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Step in the “technical team” process
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Preserving expert’s role at trial
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Assignments to technical team
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Role of senior negotiators
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Examples of usage
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Colorado
Bar Assn, May 2005
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5
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ADR
for In-house counsel
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Key
elements of dispute resolution: what is dispute resolution and where is it
applied?
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Negotiation –
comparison of approaches
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Spectrum of dispute resolution
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What is the value and purpose of newer approaches?
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Interest-based bargaining
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Negotiation analytics
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Early intervention into disputes by General Counsel
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The “two track approach” to litigation
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American
Assoc Of Corporate Counsel –
Front Range
, 2002
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6
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Multiparty
multi issue ADR with Government agencies – Example of ESA ADR with
Missouri River
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Description
of the methods and processes used in the Missouri River Spring Rise
Process
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Working in the context of high conflict and litigation
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Scientific complexity and disputes about science
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High visibility and political pressure
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How environmental conflict resolution fit into this context
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CLE
Intl, Annual ESA Conference,
Tucson
, May 2005
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7
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Using
“Mediation Teams” within companies facing high risk disputes
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Explanation
of how, in 1997-98 a company used a mediation team to approach multiple
related lawsuits in thermal power generation and distribution.
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Organizing an institutional approach to conflict, building internal
agreement
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Obtaining and analyzing data
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Designing a process and building support from others
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Making decisions in mediation
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American
Bar Assn, ADR Section April 2001
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8
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Improving
settlement “efficiency”
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Why
we want more than just settlement. Improving efficiency and value.
Errors
made that cause a loss of value in settlement
Failures
to reach efficient zones
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Various
law firms and dispute resolution groups.
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9
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Engaging
Attorneys and Clients in Interest-Based Bargaining
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Steps
in moving from positional to interest based bargaining
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Engaging
Attorneys and Clients in Interest-Based Bargaining,
co-facilitator,
ABA
6th Annual Dispute Resolution
Section Conference,
NY
,
NY
, April 2004.
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10
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Better
Negotiations and Smarter Settlements
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Underlying concepts
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Client based negotiations/settlements
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Using interest based bargaining
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Finding more “efficient” resolutions
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Avoiding settlement errors
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Negotiation and settlement challenges – what they are and how to
avoid
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Tools and approaches to improve settlement
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Discussion of two hypothetical cases
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Putting theory into practice
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Various
law firms or institutions
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