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

Total Credits: 1 CLE, 1 Ethics

Average Rating:
Alternative Dispute Resolution
Claude Ducloux
56 Minutes
Audio and Video
Original Program Date:
May 02, 2023


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.



Claude Ducloux, Law Offices of Claude E. Ducloux



Claude Ducloux Related seminars and products

Law Offices of Claude E. Ducloux

Claude Ducloux is Board-certified by the Texas Board of Legal Specialization in two areas: in Civil Trial Law (since 1984) and in Civil Appellate Law (since 1987, the year the certification was established). A significant part of Mr. Ducloux's practice involves writing, teaching, lecturing, and representing clients, including lawyers in the area of Legal Ethics and Professionalism. Claude served as Chair of the Board of Trustees for the Texas Center of Legal Ethics and Professionalism for two years, and has written extensively on legal ethics issues. He has also served as Chair of the TBLS Board of Directors (1997-1998) in the final year of his four-year term, after service on the Civil Trial Law Advisory Committee from 1986 through 1994. Over the years, Claude has authored, co-authored and appeared in more than 100 ethics articles and videos for lawyers on issues as diverse as office management, conflicts of interest, and grievance prosecution and defense. Of special note is his authorship of significant portions of the first interactive ethics presentation, "Ethics Jeopardy," based upon vignettes and audience participation in selecting appropriate resolutions. Effective January 1, 2018, the Supreme Court of Texas appointed Claude to a three-year term on the Supreme Court on Disciplinary Rules and Referenda.



Overall:      4.7

Total Reviews: 32


Wendy W

"The speaker had great points relayed succinctly."

Max H

"Good speaker and timely topic"

David S

"Good speaker, informative, and imparts useful info. from experience"

Jeffrey S

"Knowledge and engaging presentation."

Richard K

"Thorough analysis of the mediation process!"

Charles F

"We did not really receive "materials." The slide deck, though, was good. "

Nathan M

"Always looking to improve my clients' potential for settlement at mediation."

Jay F

"interesting presentation "

J Michael L

"Excellent speaker. Would like more real life examples in the materials, but still worth while."

Sheila D

"Extremely experienced in mediation. Provided great suggestions for all parties."