Successfully Trying Employment Cases in Court, at Arbitration & in Mediation

Best practices for and pitfalls to avoid when planning and presenting your case in each of these venues

  • Product Number: 2230124WBC
  • CLE Credits, earn up to:
    2 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description

    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

    Agenda & Materials

    • Preparing for Mediation

      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
    • Pros and Cons of Arbitration

      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
    • Preparing for Trial

      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
    • Top Ten Dos and Don’ts for Mediation, Arbitration, and Trial

    • “Ask the Experts” Q&A Session

    Special Program Materials:

    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.

  • Faculty
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    • $130.50 - MCLE Sponsor Member
    • $72.50 - New Lawyer
    • $72.50 - Pending Admittee
    • $72.50 - Law Student
    • $72.50 - Paralegal
    • $145.00 - All Others
    To apply for a need-based scholarship for this program, email

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