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

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  David E. Belfort, Esq., Bennett & Belfort, PC , Cambridge
  
• 9:35 - 9:55 am

  Trying & Negotiating Employment Cases: Preparing for Mediation

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  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

  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
  
• 9:55 - 10:15 am

  Trying & Negotiating Employment Cases: Pros and Cons of Arbitration

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  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

  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
  
• 10:15 - 10:45 am

  Preparing for Trial

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  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

  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
  
• 10:45 - 11:25 am

  Trying & Negotiating Employment Cases: Top Ten Dos and Don’ts for Mediation, Arbitration, and Trial

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  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
  

Cochairs

Faculty