CLE: Getting it Settled: Resolving Tough Cases and Thorny Controversies

Eventbrite - Getting It Settled: Resolving Tough Cases and Thorny Controversies

171005 ART Getting it Settled STB Image6 hours of CLE credit:  5 hours general, one hour ethics, approved by the  North Carolina Board of Continuing Legal Education

Presentors: 

  • Fred Barbour
  • Brian Davis
  • Joy McIver
  • Bill Wolcott
  • Kip Marshall
  • Sharon Alexander

Light snacks, coffee, and water are included.  Add a boxed lunch to your registration for $10.

Eventbrite - Getting It Settled: Resolving Tough Cases and Thorny Controversies

Agenda

9:00am – 10:00am – It’s About More Than Money: Dealing with Emotion in Negotiation 

Presenter: Fred Barbour

This segment will detail the importance of dealing with the emotional factors that can drive or impede settlement negotiations. Emphasis is placed upon monitoring and controlling one’s own emotional reactions during negotiation, maintaining the desired tone and approach in negotiation communications, acknowledging the emotional content of factual statements by others, buildings skills for active listening, providing opportunities for face-saving by your counterpart and dealing with competitive tactics.

10:00am – 11:00am  – Worth A Thousand Words: Visual Aids in Negotiation

Presenter: Brian Davis

This hour provides an overview of the valuable role that visual aids can play in negotiations, particularly at mediation. Review how and why information that is carefully presented can both educate and persuade opposing parties and counsel, and help them comprehend how a fact-finder might react to the case. Learn tactics for how to present evidence with emotional power in a way that is neither threatening nor melodramatic, but lends credibility to your negotiating position.

Break 11:00am – 11:15am

11:15am – 12:15pm – Family Feuds: From Lemons to Lemonade 

Presenter: Joy McIver

Negotiation of disputes in the realm of family law poses unique challenges with respect to the substantive legal requirements as well as the high-conflict emotional stakes for parties and their children. This presentation will highlight some of the most important concepts for settlement negotiation in the context of divorce and child custody, emphasizing approaches that the lawyers involved may employ to minimize antagonism while protecting a client’s interests, ultimately bringing the family to an agreement that is workable.

Lunch 12:15pm – 1:00pm

1:00pm – 2:00pm – Breaking Through: Overcoming Impasse in Difficult Negotiations 

Presenter: Bill Wolcott

Review and discussion of the specific techniques for breaking deadlock when negotiations are stalled: using diagnostic questions, reframing, risk analysis and reflecting back, citing independent standards, “bracketing” toward compromise and employing conditional offers.

Break 2:00pm-2:15pm

2:15pm – 3:15pm – Dotting I’s and Crossing T’s: Drafting for an Airtight Settlement 

Presenter: Kip Marshall

Using case law guidance and specific sample clauses, set out the key terms of a binding settlement agreement, emphasizing errors to avoid and drafting techniques that assure clarity. Program will emphasize careful drafting of scope of release, confidentiality provisions, identification of necessary signatories and special rules for various types of settlements.

3:15pm  – 4:15pm – Avoiding the Grief of Grievance: Practical Tips for Practicing Lawyers – (ethics)

Presenter: Sharon Alexander

This session will include a review of recent ethics opinions and proposed amendments to the ethics rules and will provide practice tips regarding common problem areas for attorneys, such as: maintaining communication with clients, calendaring deadlines, interacting with the State Bar, managing client funds.

Presenters

Sharon Alexander practices law in Hendersonville with the firm of Prince, Youngblood & Massagee, PLLC.  She served as a Bar Councilor for the 29th Judicial District for many years, and also served as Chair of the State Bar’s Disciplinary Hearing Commission for two years. Sharon is uniquely qualified to address the practical ethics issues that lawyer encounter in their day-to-day practices.

Fred Barbour has been practicing law for more than 30 years. His practice is entirely litigation, representing parties in disputed matters. He has tried more than 100 cases to jury verdict in state and federal courts. Fred was certified as a mediator in 2002 and has successfully mediated more than 800 cases. Trial and mediation experience has given him unique perspective and insight into how to get disputes resolved both inside and outside the courtroom.

Brian Davis is the managing partner at Davis Law Group. For more than 25 years, Mr. Davis has been representing victims and survivors of those seriously injured or killed in collisions with tractor-trailers and other vehicles. Mr. Davis is a Member of the Board of Regents of the Academy of Truck Accident Attorneys and he has been a North Carolina Super Lawyer for many years.

Kip Marshall is a founding shareholder and the President of Marshall, Roth & Gregory, PC.. From 1982 to 2001, Mr. Marshall was an Assistant United States Attorney for the Western District of North Carolina, serving as the Civil Chief for the District fourteen of those years. His practice now concentrates his practice on federal and state litigation matters.He is also a certified North Carolina Superior Court mediator and has been called to mediate matters arising in the North Carolina courts and federal district courts.

Joy McIver is a Certified Family Law Specialist who has practiced family law, civil litigation and appellate practice in state and federal courts across western North Carolina since 1996. She is also been a NCDRC certified Superior Court mediator for eleven years. Based upon her specialized practice in family law, Joy brings insight to the topic of negotiating difficult issues for families in turmoil.

Bill Wolcott is an attorney licensed to practice in North Carolina since 1972 and is now Special Counsel with the Asheville office of Ward and Smith, N. A.  His primary area of practice is in the field of Real Property law and Creditor Rights. Locally, Bill is past president of the 28th Judicial District Bar, and he is incoming Chair of the Board of Directors of Pisgah Legal Services, a non-profit provider of legal services to the poor in Western North Carolina.

Click here for directions to Western Carolina University at Biltmore Park. Click here for a map of Biltmore Park, which includes instructions for free parking.

Please find our refund/cancellation policy here.

All registration fees benefit the Mediation Center.

Eventbrite - Getting It Settled: Resolving Tough Cases and Thorny Controversies

Buncombe County Location

40 N. French Broad Ave., Suite B
Asheville, NC 28801

828-251-6089

fax: 828-232-5140
Info@mediatewnc.org



Henderson County Location

101 South Grove St.
Hendersonville, NC 28792

828-697-7055

fax: 828-697-8528
info@mediatewnc.org

Transylvania County Location

137 North Broad St., Suite 1
Brevard, NC 28712

1-877-559-5136

fax: 828-232-5140
info@mediatewnc.org

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