ADR Ethics under California law
(1 hour)
(This course qualifies for 1 hour of Legal Ethics
Credit under the MCLE rules.)
We will discuss:
•Does a Lawyer have a duty to advise clients about ADR options?
•How does California law deal with representation in mediation?
•How can a lawyer represent a client in a collaborative way?
Recent Developments in Arbitration and Mediation in the Federal and State Courts
(1 hour or 2 hours)
Both arbitration and mediation laws are in a continuing state of flux, and recent case law of the U.S. Supreme Court and the California Supreme Court, as well as lower court decisions, continue to shape the law in important ways. We will discuss recent developments in areas including:
We will discuss:
•Mediation Confidentiality
•Unconscionability and Class arbitration
•Arbitrability of the agreement and the arbitration clause
•Appeal of an Arbitral Award after Hill Street Assoc. v Mattel
A Survey of International Commercial Arbitration
(2 hours)
This two-hour survey presents an overview of the basic issues involved in international commercial arbitration, including:
•Advantages and disadvantages of international arbitration
•Ad hoc vs. institutional arbitration
•Arbitration clauses in contracts
•Issues of applicable law
•The Kompetenz-Kompetenz rule
•The award and its enforcement
Mediation Advocacy:
How to get the best results for your clients
(1 hour)
This introduction to mediation advocacy helps the attorney prepare for mediation and negotiate for maximum results for the client. Both procedural and substantive aspects of mediation advocacy are discussed, and specific techniques are presented for proper evaluation of the case for both sides.
We will discuss:
•How to determine when the dispute is “ripe” for mediation
•How to select the “right” mediator for the type of dispute
•What to do in preparation for the mediation
•How to negotiate effectively during the mediation
Negotiations: Elements of Distributive Bargaining
(1 hour)
Many courses in negotiation emphasize integrative bargaining, how to search for the win-win solution that will make both parties happy with the result. In the real world, resolving disputes will often focus predominantly on zero-sum negotiations.
This course emphasizes distributive bargaining in the arbitrated or litigated case.
We will discuss:
•Basic methods of negotiating and their characteristics
•Key ideas about distributive bargaining for practical use
•Framing and reframing concepts, anchoring
•How to use tactics and how to overcome the other side’s tactics
Email: eric@ericvanginkel.com
11693 San Vicente Blvd. #908 Los Angeles, CA 90049
Phone: (310) 836-1919 Fax: (310) 815-0255
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