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It's Time for Heavy Metal Mediation

with Lee Jay Berman

90 Minute Webinar / 1.5 MCLE Credit Hours in California

The American Institute of Mediation is a certified California MCLE provider as approved by the State Bar of California. This course is approved for 1.5 General MCLE credit.

Mediation, as it is taught in most settings, does not resemble what civil litigators seek when hiring a mediator.  Hard core litigators do not seek mediators with reputations for being sensitive, empathetic, active listeners who facilitate communication without affecting outcome.  The contemporary facilitative and transformative mediation community must either learn to meet the needs of the litigation community, or be prepared for a massive exodus from the profession in the coming years.  To survive in the commercial mediation marketplace, mediators need to learn some of the skills from the dark side, hereinafter known as Heavy Metal Mediation.  Join us to discuss some of these skills, and for permission to use them.
This course unabashedly discusses the realities of mediation including taboo subjects such as manipulation, intimidation, mediator tactics, mediator ego, lack of real confidentiality, and how to void a mediator liability policy. 

For more on Heavy Metal Mediation, please check out this interview with Lee Jay Berman and Aled Davies: here.

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Heavy Metal Mediation means more than simply thinking outside of the box - it means smashing the box and trampling on it!  It is about recognizing the realities of the commercial marketplace for litigated cases and adapting a mediator's style and approach to meet the marketplace's expectations.  This is a short "How To" guide that gives explicit permission to mediators to do things that most mediator training courses view as taboo, including evaluating cases and being confrontational, and examining ethical questions around manipulation and intimidation.  This look under the tent of mediation is a one of a kind view into how the real world of commercial mediation works, and how the attorneys and sophisticated parties want it to work. Warning:  This approach is NOT for the transformative, relationship-minded mediators.


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Please note that all store orders are manually processed during regular working hours.  Please allow up to 72 hours to receive your access code that will permit you to access your downloads. An email will be sent to the email address you use in the above purchase with a link and access code.





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