Product Description

The fight is on! Learn tactics to give your clients their best shot at prevailing in an employment case. Whether your employment case is “tried” before a judge, jury, or arbitrator, or is brought to mediation—there are basic “dos and don’ts” for advocates resolving a dispute.

With the increasing prevalence of forced arbitration clauses, employment cases are often tried by an arbitrator, while other cases proceed to traditional jury trials. As the majority of employment cases settle short of trial, however, most never see a courtroom jury or arbitration hearing—but instead are negotiated or mediated.

How do you prepare a case in the early stages to best mobilize for court or arbitration? How do you determine if a case is primed for settlement? If given the choice, would it be better to have a jury trial or arbitrate before a neutral? What are the similarities and differences in strategies and approaches between trying a case in court versus arbitration?

Hear from seasoned litigators providing both plaintiff’s-side and management-side perspectives, as well as an experienced Superior Court judge turned mediator and arbitrator. The panel shares best practices in how to plan and present your case and provides practical tips on avoiding common pitfalls in each of these venues.

Agenda & Materials

• 9:30 - 9:35 am

  Welcome and Introduction

  on demand video Add to Cart
• 10:15 am - 10:30 am

  Role Play and Discussion

  David E. Belfort, Esq., Bennett & Belfort, PC , Cambridge
  
• 10:30 am - 12:00 pm

  Role Plays in Break-out Groups
• 12:00 pm - 12:30 pm

  Debrief Morning Role Play—Groups Reconvene

  • Scheduling conundrums which arise in mediation of a parenting plan
  • Wrap-up
• 9:35 - 9:55 am

  Employment Litigation: Preparing for Mediation

  on demand video Add to Cart

  Timing and logistics; Selecting a good neutral; Tips on the mediation memo and how to present your case to a mediator to obtain the best settlement for your client
• 12:30 pm - 1:30 pm

  Lunch (on your own)
• 1:30 pm - 2:30 pm

  Common Child Support Issues in Mediation of Children’s Issues

  • Discussion
  • Role Play Demonstration
• 2:30 pm - 2:45 pm

  Networking and Refreshment Break
• 2:45 pm - 4:15 pm

  Afternoon Role Plays in Break-out Groups
• 4:15 pm - 5:00 pm

  Debrief Role Plays- Groups Reconvene

  • Scheduling conundrums which arise in mediation of a parenting plan
  • Wrap up

  David E. Belfort, Esq., Bennett & Belfort, PC , Cambridge
  Lynn A. Kappelman, Esq., Seyfarth Shaw LLP , Boston
  Hon. Bonnie H. MacLeod, Superior Court, Commonwealth of Massachusetts (Ret.); JAMS , Boston
  Monica R. Shah, Esq., Zalkind, Duncan & Bernstein LLP , Boston
  
• Day 3: Wednesday, July 10th
• 9:55 - 10:15 am

  Employment Litigation: Pros and Cons of Arbitration

  on demand video Add to Cart

  Cost-benefit of less delay versus potentially lower damages; Selecting a good arbitrator; Tips for presenting your case at a hearing without a jury and through proposed fact findings and conclusions of law
• 8:30 am - 8:35 am

  Introduction
• 8:35 pm - 9:15 pm

  How Can You Say That? The Mediator’s Toolbox
• 9:15 am - 10:00 am

  The Use of Caucusing in Mediation
• 10:00 am - 10:15 am

  Networking and Refreshment Break
• 10:15 am - 12:15 pm

  Role Play- Small Groups

  David E. Belfort, Esq., Bennett & Belfort, PC , Cambridge
  Lynn A. Kappelman, Esq., Seyfarth Shaw LLP , Boston
  Hon. Bonnie H. MacLeod, Superior Court, Commonwealth of Massachusetts (Ret.); JAMS , Boston
  Monica R. Shah, Esq., Zalkind, Duncan & Bernstein LLP , Boston
  
• 12:15 pm - 12:30 pm

  Debrief Morning Role Play
• 10:15 - 10:45 am

  Employment Litigation: Preparing for Trial

  on demand video Add to Cart

  Courtroom logistics and getting to know the judge; Preparing your client’s story for a jury; Use of witnesses and experts; Use of chalks and other visuals; Arguing legal issues through motions in limine, trial memos, and jury instructions
• 12:30 pm - 1:30 pm

  Lunch (on your own)
• 1:30 pm - 3:00 pm

  Legal and Ethical Issues in Mediation
• 3:00 pm - 3:15 pm

  Networking and Refreshment Break
• 3:15 pm - 4:00 pm

  Psychological Issues in Family Mediation
• 4:00 pm - 4:50 pm

  Diversity, Gender, and Cultural Issues in Mediation
• 4:50 pm - 5:00 pm

  Review and Questions
• Day 4: Thursday, July 11th
• 10:45 - 11:25 am

  Employment Litigation: Top Ten Dos and Don’ts for Mediation, Arbitration, and Trial

  on demand video Add to Cart
• 8:30 am - 8:45 am

  Welcome and Introduction
• 8:45 pm - 10:00 am

  Agreement Writing: Purposes, Pitfalls, Good Practice

  Be clear and concise; state the intentions of the parties understandably and enforceably
• 10:00 am - 10:15 am

  Networking and Refreshment Break
• 10:15 am - 12:30 pm

  Screening for Appropriateness of Mediation and Role Play

  How the principles of mediation inform your decisions about what is appropriate and what is a challenge; when and how to terminate; how intake can prevent problems in mediation

  David E. Belfort, Esq., Bennett & Belfort, PC , Cambridge
  Lynn A. Kappelman, Esq., Seyfarth Shaw LLP , Boston
  Hon. Bonnie H. MacLeod, Superior Court, Commonwealth of Massachusetts (Ret.); JAMS , Boston
  Monica R. Shah, Esq., Zalkind, Duncan & Bernstein LLP , Boston
  
• Fishbowl Exercise
• Fishbowl Exercise
• 12:30 pm - 1:30 pm

  Lunch (provided) and Guest Speakers

  Who Are You Now? The Thirty Hours that Changed Your Life
• 1:30 pm - 2:30 pm

  Nuts and Bolts & Building Your Practice
• 2:30 pm - 3:15 pm

  Listening Deeply to Your Client
• 3:15 pm - 3:30 pm

  Post Training Resources
• 3:30 pm - 4:00 pm

  Debrief & Questions
• 4:00 pm - 5:00 pm

  Reception

Special Program Materials:

• Massachusetts Courtroom Advocacy

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

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