Civil Mediation Training Course
Expand your practice - Become a Court Approved Mediator!5-Day Training Schedule:
• Day 1 – September 27, 2023 – 8:30 a.m. to 5:30 p.m.
• Day 2 – September 28, 2023 – 8:30 a.m. to 5:30 p.m.
• Day 3 – October 2, 2023 – 8:30 a.m. to 5:30 p.m.
• Day 4 – October 3, 2023 – 8:30 a.m. to 5:30 p.m.
• Day 5 – October 9, 2023 – 8:30 a.m. to 5:00 p.m.
Earn up to 48 hours of total CLE credits!
Member Price: $1,350
Non-Member Price: $1,595
Our Presenters
| Moderator: |
| Robert E. Margulies, Esq. Schumann Hanlon Margulies LLC, Jersey City |
| Speakers include: |
| Jennifer Brandt, Esq. Brandt Law & Mediation, LLC, Watchung |
| Theodore K. Cheng, Esq. ADR Office of Theo Cheng LLC, Princeton Junction |
| Felicia T. Farber, Esq. Farber Resolutions, LLC, Wayne |
| Laura A. Kaster, Esq. Appropriate Dispute Solutions, Princeton |
| Suzanne M. McSorley, Esq. Stevens & Lee, Lawrenceville |
| Terri R. Reicher, Esq. Terri R. Reicher, Esq., Pompton Lakes |
| Andrew Smith, Esq. Andrew Smith Law Group LLC, Somerville |
| Richard H. Steen, Esq. Richard H. Steen, LLC, Princeton |
Expand your practice – Become a Court Approved Mediator!
Course Requirement
The NJ Supreme Court mandates that certain complex cases be sent to mediation, using court approved mediators. The program includes ALL New Jersey counties. Pursuant to Court Rule 1:40-12, those individuals who have been trained in basic mediation skills and who meet other requirements will be placed on a court-approved list and selected to mediate these cases. After the first two free hours on each case, court-approved mediators will be able to set market-rate fees for their services.
What is required to become a court-approved mediator?
Eligibility for inclusion on the court’s civil mediator roster is determined by a subcommittee of the Supreme Court Committee on Complementary Dispute Resolution. Pursuant to Court Rule 1:40-12, all applicants must be mentored by an experienced court roster mediator (who has been approved to serve as a mentor) for at least five hours in at least two Superior Court cases. Educational and experiential requirements are also necessary, as well as completion of an application form.
What do I have to do to meet the training requirements?
In just full 5 days with NJICLE, you can complete the basic training requirement. A distinguished panel of professionals highly experienced in mediation skills will lead you through a series of lectures, demonstrations, exercises, and role playing. You’ll gain the knowledge you need to effectively manage conflict, enhance your communication and negotiation skills, and learn strategies for dealing with the problems you are likely to encounter during the mediation process. The course includes personal professional feedback. Approved roster mediators are also required to attend four hours of continuing mediation-related training annually, commencing the year following your initial training.
This seminar also satisfies the U.S. Bankruptcy Court basic bankruptcy mediation training requirements in D.N.J. LBR 9019-1(c). Mediation: Mediator Qualifications and Compensation which requires that prospective mediators satisfy a mediation training course.
How do I register?
If you are planning to attend, please register as soon as possible. Registration is limited. You can register by phone, web or fax to NJICLE.
| 5-Day Training Schedule: | ||
| Day 1 | Wed., Sept. 27 | 8:30 a.m. to 5:30 p.m. |
| Day 2 | Thurs., Sept. 28 | 8:30 a.m. to 5:30 p.m. |
| Day 3 | Mon., Oct. 2 | 8:30 a.m. to 5:30 p.m. |
| Day 4 | Tues., Oct. 3 | 8:30 a.m. to 5:30 p.m. |
| Day 5 | Mon., Oct. 9 | 8:30 a.m. to 5:00 p.m. |
Click on the Dates Below To View That Day’s Agenda
Day 1 – Wed., Sept. 27
Day 2 – Thurs., Sept. 28
Day 3 – Mon., Oct. 2
Day 4 – Tues., Oct. 3
Day 5 – Mon., Oct. 9
| Program Agenda: |
Day 1 – Wed., Sept. 27:
| 8:00 | Registration and sign on |
| 8:30 | Program Overview – Robert E. Margulies, Esq. |
| 8:40 | The ADR Universe and the Role of Mediation, The Process in Context: Making the Leap from Litigator to Mediator – Robert E. Margulies, Esq. |
| 10:20 | Break |
| 10:30 | Using Zoom video conference platform to conduct a mediation – Theodore K. Cheng, Esq. |
| 11:15 | The Stages of Mediation – Robert E. Margulies, Esq. – Red Devil Dog Lease Videotape of Mediation Process and Discussion of Mediation Process in New Jersey – Setting the Stage: Submissions and Scheduling Organizational Conference Call Discussion and Practice Exercise by Students – Assisting Parties in Exchanging Information – The Mediator’s Opening Statement – Discussion, Demonstration and Practice Exercise by Students |
| 12:30 | Lunch |
| 1:00 | Caucusing and Shuttle Diplomacy – Creating Settlement Options and Getting Closure – Mechanics, Practical Considerations and Questions |
| 3:15 | Break |
| 3:25 | Mediation in Action: Role Plays (Including Debriefing) – Robert E. Margulies, Esq. Role Play – Bryan v. City of Oakdale* |
| 4:30 | Role Play- Barry v. Knight* |
| 5:30 | Adjourn |
*Students act as mediators and parties in role play
Go back to program agendas
Day 2 – Thurs., Sept. 28:
| 8:00 | Registration and sign on |
| 8:30 | Mediation in Action: Role Play (Including Debriefing) – Richard H. Steen, Esq. Role Play – Little & Jenks* |
| 9:30 | Role Play by studlents: Santara v. Kessell Small business problem and Debriefing |
| 10:30 | Break |
| 10:40 | “Getting to Yes”: Videotape and Discussion on Interest, Options, Standards and BATNA – Richard H. Steen, Esq. |
| 12:30 | Lunch |
| 1:00 | Getting to Yes (continued) |
| 1:20 | Ethics Issues and Standards of Conduct – Theodore K. Cheng, Esq. Interactive discussion on interplay of legal ethics issues and review of mediation standards of conduct |
| 3:00 | Break |
| 3:10 | Continuing Ethics – Theodore K. Cheng, Esq. |
| 4:00 | Role Play by students: The Harassment of Sally Labtech – Employment Issues and Debriefing – Richard H. Steen, Esq. |
| 5:30 | Adjourn |
*Students act as mediators and parties in role play
Go back to program agendas
Day 3 – Mon., Oct. 2:
| 8:00 | Registration and sign on |
| 8:30 | Mediation Role Play with Cross-Cultural Issues and Debriefing – A Problem with Carpets and Shawls |
| 10:00 | Break |
| 10:10 | Exercising Judgment – It’s Complicated – Explanation of misperception of experienced lawyers in Making settlement decisions based on large scale studies – Laura A. Kaster, Esq. |
| 12:00 | Lunch |
| 12:30 | Venting in Mediation: A Catalyst or Impediment to Resolution? – Terri R. Reicher, Esq. |
| 1:30 | Role Play – Condo Construction Claim Hell – Fact Pattern with Focus on Environmental, Contingent Reserve and Construction Issues – Focus on How to Organize the Process |
| 3:30 | Break |
| 3:40 | Role Play by Students – Bank Card Processing – Finance/Contract Dispute and Debriefing |
| 5:30 | Adjourn |
Tues., Oct. 3:
| 8:00 | Registration and sign on |
| 8:30 | Conducting Complex Mediations |
| 10:00 | Break |
| 10:10 | Role Play by students – California Feuding (Environmental Dispute) and Debriefing |
| 11:40 | Active Listening Techniques and Skills Practice – Suzanne M. McSorley, Esq. – “Looping Demonstration” – Looping Exercise: Reframing and asking questions, demonstration, discussion and Fish Bowl exercise |
| 12:30 | Lunch |
| 1:00 | A Mediator’s Tool Box” – Skills and Techniques that Come in Handy (and Keep the Mediator Out of Trouble) – Suzanne M. McSorley, Esq. |
| 2:00 | Role Play by students: Law Office Escapades – (Sexual harassment mediation with counsel and clients) and Debriefing – Suzanne M. McSorley, Esq. – Role play has issue of lawyer using a runner – Analysis depends on how to deal with disclosure, rights of lawyer parties and mediation v. lawyer responsibility vis a vis confidentiality debriefing – revolves around the ethics issue |
| 4:00 | Larry Lawyer’s Ethical Dilemma Role Play – Suzanne M. McSorley, Esq. – Fact Pattern involving a dispute between lawyer and client with ethical implications |
| 5:30 | Adjourn |
Day 5 – Mon., Oct. 9:
| 8:00 | Registration and sign on |
| 8:30 | Preparation for Real Mediations, Mentor Requirement including Questions and Answers – Robert E. Margulies, Esq. |
| 10:00 | Break |
| 10:10 | Business of Mediation – How to Start Up Your Practice – Can I Make a Living (Interactive Lecture) – Robert E. Margulies, Esq. – More About Effective Caucasus (Techniques to make the time in caucus productive) – Impasse Breaking Techniques (Fourteen techniques and when to use them) – Authority and Power Issues |
| 11:15 | Cultural Competency – Felicia T. Farber, Esq. |
| 12:00 | Lunch |
| 12:30 | Difficult Issues – Impossible Gap – Robert E. Margulies, Esq. – Complex Sophisticated Role Play |
| 2:00 | Personalized Feedback on the Various Mediation Tasks – Felicia T. Farber, Esq.; Suzanne M. McSorley, Esq.; Andrew Smith, Esq. – Openings, Impasse Breaking, Documenting Resolution; each student will have an opportunity to be observed on one of the above tasks in front of small groups and receive constructive feedback – Role Plays – Tribute to Bablo’s Lizard or Cape Wine Industries v. Kenyan Spirits |
| 5:00 | Adjourn |
| CLE credits: |
| NJ CLE: | This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 48 hours of total CLE credit, including 7.2 in Ethics and 3.0 in Diversity (Full Credits Available: NJ Advanced Diversity: 3.0, NJ Ethics: 7.2, NJ General: 37.8). |
| NY CLE (nt): | NY Diversity Non-Transitional: 3.0, NY Ethics Non-Transitional: 7.0, NY Professional Practice Non-Transitional: 37.5 |
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