Total Credits: 2.75 CLE, 2.75 Ethics
Join us for a series of engaging and energizing presentations to enhance your mediation advocacy skills. We'll start with a deep dive into the role emotions play in dispute resolution and will translate the latest neuroscience into actionable skills for mediators and advocates. Then, we'll look at how FBI hostage negotiators use tactical empathy and stoicism to engage with and deescalate conflict and how you can use these tools in your practice. Our morning will close with an interactive session for all participants. Whether you are a neutral or an advocate, a seasoned litigator or new to mediation advocacy, you will leave this session ready to put these new practical skills to use in your next mediation.
Understanding Mediation As An Emotional Process - Douglas E. Noll, JD, MA
This presentation will portray mediation and the negotiations within mediation as a purely emotional process, with very little logic or reasoning involved in the decision-making process. Common lawyer and client behaviors will be evaluated from an emotional analytic perspective. Affect labeling will be introduced as the mediator’s prime intervention. Brain scanning studies show that affect labeling, as opposed to active listening or non-violent communication techniques, diminishes the amygdala and other limbic regions associated with emotions while simultaneously activating the right ventrolateral prefrontal cortex. The implications of these findings in mediation will be distilled into practical, actionable skills that can transform the mediation process.
FBI Hostage Negotiation Skills for Litigators in Mediation - Joseph Berriman, Professor of Practice, The University of Arizona James E. Rogers College of Law
This presentation will discuss the FBI's philosophy on negotiation, with a focus on stoicism and tactical empathy. Specific and specialized communication skills will be reviewed to de-escalate crisis, resolve conflict, and lead to influence. The effectiveness of the skills discussed in this presentation are not limited to hostage negotiations, but also in settlement negotiations with opposing counsel, in mediations with litigating parties, in managing your own clients, and even with friends and family. The interpersonal communication skills discussed in this training are universal. Some of the learning objectives include:
Moderator: Alexis Pheiffer, Mediator & Managing Partner, Law Office of Alexis Pheiffer
| Mediation Advocacy Materials (3 MB) | 70 Pages | Available after Purchase |
Alexis Pheiffer is a mediator, facilitator, and investigator based in Phoenix, Arizona. She focuses her mediation practice on resolution of workplace disputes. Alexis is an AAA Affiliate and MC3 certified mediator and a member of the SheResolves mediator network. She is also the immediate Past Chair of the Executive Council for the ADR Section of the State Bar of Arizona and an active member of the Southern California Mediation Association (SCMA), recently completing her second stint as co-chair of SCMA’s Employment Mediation Institute. Learn more about Alexis and her approach to dispute resolution at alexispheiffer.com.
Douglas E. Noll, JD, MA is an award-winning author, speaker, and trainer. After 22 years as a trial lawyer, Mr. Noll became a peacemaker and mediator. Today, he helps people solve deep and intractable conflicts and teaches others to do what he does. Mr. Noll is an adjunct professor of law at the Pepperdine School of Law Straus Institute where he teaches Decision Making Under Uncertainty and Conflict. Mr. Noll's honors include California Lawyer Magazine Attorney of the Year, Purpose Prize Fellow, Best Lawyers of America Lawyer of the Year, IAM Syd Leezak Award of Excellence, and NADN Neutral of the Year. Mr. Noll has written four books, including De-Escalate: How to Calm an Angry Person in 90 Seconds or Less (Atria/Beyond Words 2017). He has also created online video courses in advanced legal negotiation and emotional de-escalation and conducted hundreds of public and private webinars and workshops worldwide. His video offerings on YouTube have garnered over 100,000 views.
Joseph Berriman teaches negotiation and mediation as a Professor of Practice at the University of Arizona James E. Rogers College of Law. He is an instructor for the FBI's Crisis Negotiation Course and serves as a Hostage/Crisis Negotiator on the Pima Regional SWAT Team. Professor Berriman has been practicing mediation for 15 years and held over 3,000 mediations, including court-appointed mediation in dependency and family law. Combining lessons learned from negotiation and mediation, he teaches conflict resolution and de-escalation skills to professionals around the country.
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