Maximizing Mediation: Effective Strategies to Get the Most Out of Settlement Conferences

Claude E. Ducloux, Board-Certified in both Civil Trial Law and Civil Appellate Law, by the Texas Board of Legal Specialization, (and also licensed in CA and CO) and former Chair of the Texas Center for Legal Ethics will present a 60 minute presentation with annotated power point covering:

- The biology of decision-making and cognitive behaviors of human mind;

- The psychology of making decisions when in stress, as in litigation; 

- Use of heuristics, and other mental short cuts which supplant deliberative operations;

- Seven Steps to good decisions;

- Confirmation Bias;

- Determining client objectives and alternatives early to identify paths of resolution;

- Attorney missteps such as underestimating, engaging in improper conduct; and failure to keep clients informed; subserving the client’s inappropriate motivations;

- Strategies for honest advocacy and civility;

- Discussions of the atmosphere for settlement;

- Good Client relationships, and respect from court and staff;

- Cultivating productive relationships with opposing counsel;

- Duties of proactivity to encourage settlement;

- Psychology of ADR, and characteristics of effective “neutrals”;

- Using Catharsis v. Directive persuasion;

- Improving and Defending your profession;

- What Clients Really Want:  the survey results.

Faculty:

Claude Ducloux, Law Offices of Claude E. Ducloux