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How and When to Use Admissible Evidence in the Mediation Context: Guidance for New Lawyers

$147.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE webinar presentation focuses on having, using, and relying on admissible evidence to be more effective during mediation and why doing so will create a distinctive edge in mediation and beyond.

Description

Starting in evidence class in law school, all lawyers are trained on the use of admissible evidence during court proceedings, especially in trial. However, when it comes to mediation or sometimes even in settlement negotiations, some practitioners focus on the negotiation aspect of the proceedings without concentrating on whether the evidence, pro or con, can actually be used in court if the case does not settle.

Listen as our panel of experienced speakers discusses the vital importance of having and using admissible evidence in mediation or negotiation.

Credit Information

  • This 60-minute webinar is eligible in most states for 1.0 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Monday, August 5, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Mediation vs. settlement conferences
    1. What makes mediation different than other settlement contexts
      1. Many states limit the use of information exchanged during the mediation process: examples
      2. Most mediators require total confidentiality
    2. Phases of mediation: fact-finding and exchange followed by active negotiations
    3. Focus here is on the fact-finding and exchange of information stage
  2. Case evaluation and discovery
    1. Pre-suit investigation and evaluation: plaintiff vs. defense
    2. Pleadings
    3. Discovery plan
      1. Interrogatories: strengths and shortcomings
      2. Document requests
      3. Subpoenas
      4. Party depositions: when is best?
      5. Non-party depositions
    4. Informal discovery
      1. Public records/FOIA
      2. Witness interviews and statements
      3. Investigators: uses and abuses
      4. Subrosa?
  3. Collecting and evaluating admissible evidence
    1. Records issues: authenticity vs. admissibility--why does it matter?
    2. Witnesses
      1. Personal knowledge requirements
      2. Hearsay problems
      3. Opinions: expert vs. non-expert
    3. Admissions: legal vs. factual
    4. Social media and video
  4. Preparing for mediation
    1. Choice of mediator is crucial to success
    2. Retired judge: pros and cons
    3. The brief
      1. Confidential or not?
      2. Legal vs. factual arguments
    4. Too much vs. too little
    5. In person or remote
    6. Prior settlement efforts
  5. Mediation
    1. Caucuses: the good, the bad, and the ugly
    2. Use of breakout rooms
    3. Who goes first and does it really matter?
    4. Playing your cards: Kenny Rogers

The panel will review these and other issues:

  • Why do attorneys fail to rely on admissible evidence in the negotiation setting?
  • When should new attorneys start thinking about admissibility issues?
  • What admissibility issues arise if evidence consists of social media and video?