Learn about the common forms of ADR and explore ethical considerations.
ADR is a staple of modern litigation. Increasingly, it is a method advocated and used by courts to help control crowded dockets and to promote judicial efficiency. It also is a time-proven method to help lawyers and their clients control the outcome of litigation, often in preferable solutions not available through the court. This course will look at the most common forms of ADR and explore ethical considerations pertinent to each form and settlement negotiations generally. Topics will include a review of pertinent ethical rules, including client communications (Rules 1.2 and 1.4), conflicts of interest (Rule 1.7), dealing with clients with diminished capacity, and good faith in the negotiation process.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
The Rules of Engagement
- ADR Options
- Timing
- Strategic and Tactical Considerations
- Pertinent Ethical Rules
- Keys to Effective Settlement Negotiations
Mediation
- Preparing for Mediation
- Advocacy in Mediation
- Advantages/Disadvantages
- Challenges During Mediation
- Post-Mediation
Arbitration
- To Arbitrate or Not to Arbitrate
- ContractBased or Elective
- Advantages/Disadvantages
- Challenges Inherent in Arbitration
Mode of ADR
- Online vs. In-Person
- Decorum Before the ADR Tribunal
- Best Practices
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 27, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5 including Ethics 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5 including Ethics 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
- AR CLE 1.5 including Ethics 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
- Arizona CLE 1.5 including Ethics 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
- CA MCLE 1.5 including Ethics 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
- CT CLE 1.0 including Ethics 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.50 hour(s) of ethics credit.
- GA CLE 1.0 including Ethics 1
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hours.
- HI CLE 1.25 including Ethics 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours including 1.25 ethics credit hours.
- ND CLE 1.5 including Ethics 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- NH MCLE 1.5 including Ethics 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 87 minutes of ethics credit.
- NM CLE 1.4 including Ethics 1.4
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.4 hours of credit, including 1.4 hours of ethics credit.
- NV CLE 1.0 including Ethics 1
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours, including 1.00 hours of ethics credit.
- NY CLE 1.5 including Ethics and Professionalism 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- RI CLE 1.5 including Ethics 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- VT CLE 1.5 including Ethics 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.50 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5 including Ethics 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
- NALA 1.5 including Ethics 1.5
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.5 hour(s) including 1.50 hour(s) of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Mary Ann L. Wymore
UB Greensfelder LLP
- Shareholder, Greensfelder, Hemker & Gale, P.C.
- Panel mediator/arbitrator for United States Arbitration & Mediation (USA&M); panel mediator for the International Trademark Association (INTA); and panel mediator for numerous federal and state courts
- Legal practice focused on alternative dispute resolution and substantive aspects of advertising, media and communications law, intellectual property, First Amendment, privacy, and defense of related consumer class actions
- Conducts regular seminars and workshops on ADR and substantive issues involving advertising, media, social media, communications, privacy, regulatory compliance, and related matters
- Teaches classes in media law and electronic media law
- Achieved the highest rating in the Martindale-Hubbell Law Directory
- The Best Lawyers in America, Advertising Law, 2010–2023
- Member of the California Bar, Missouri Bar/Media Law Committee, Bar Association of Metropolitan St. Louis/Patent Trademark Copyright Section (vice chair), ABA Communications Law Forum, Association of National Advertisers, and International Trademark Association/ADR Committee
- J.D. degree, Southern Methodist University School of Law
- Can be contacted at [email protected] or 314-516-2662
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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