Alternative Dispute Resolution CLE
Quimbee's alternative dispute resolution continuing legal education (CLE) courses deliver the content lawyers need with engaging videos that are fun to watch.
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Alternative Dispute Resolution FAQ
Quimbee Alternative Dispute Resolution CLE Online
If
you’re looking for a simple, engaging way to learn about alternative
dispute resolution and fulfill your continuing legal education (CLE)
requirements, look no further than Quimbee CLE online.
All
Quimbee CLE online courses are built from the ground up by our
world-class team of attorneys and designers. Our goal is to create a
product that will not only help you meet your CLE requirements, but will
actually be enjoyable. Sign up for a Quimbee CLE course today!
Alternative Dispute Resolution Overview
The
term alternative dispute resolution (ADR) emcompasses a variety of
processes that are used to resolve conflicts between multiple parties,
typically without the involvement of the formal court system. ADR is
often pursued as a quicker, less costly alternative to litigation.
Courts themselves may even order ADR to settle disputes. Common forms of
ADR include negotiation, mediation, and arbitration.
Mediation
and negotiation are relatively informal processes that allow the parties
an opportunity to work together to reach an agreement. Mediation is a
process in which the disputing parties meet with an impartial third
party to solve their disagreement. Mediation is party-centered, and
tends to involve negotiation in order to reach an agreement suitable to
both parties. Arbitration is a formal type of ADR that resembles a
trial. At the federal level, arbitration is governed by Title 9 of the
U.S. Code. Additionally, at the state level, 49 states have adopted the Uniform Arbitration Act.
Who Should Take CLE Courses in Alternative Dispute Resolution?
Anyone involved in ADR–including arbitration, mediation, and negotiation–could benefit from a ADR CLE course. Even if you’re not an attorney, understanding the legal ins and outs of alternative dispute resolution could come in handy if you are an ADR professional. At just $49 per credit, Quimbee offers some of the most affordable ADR CLE courses available!
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Mediation Strategies - From Mediator Selection to Preparing for and Conducting the Mediation through to Completion
This 60 minute course discusses a variety of Mediation Strategies from selection to preparing for and conducting the mediation. This course will provide an in-depth discussion of the mediation process in order to provide a better understanding for the effective use of mediation as a tool.
Preparing for a Successful Mediation
In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively prepare for a mediation, how to conduct yourself during the mediation session, and what steps should be taken after the mediation. Your goal as a lawyer should be to give your client the very best opportunity to successfully settle the case during or after the mediation.
Mediation Preparation for Attorneys: The ABC's to Your Client's Best Mediation
This presentation covers tips and advice for attorneys preparing to represent their clients at mediation. In addition to suggesting best practices in terms of the mechanics of getting ready for a mediation session, the presenter will discuss other factors attorneys should take into consideration including, but not limited to, intangible aspects such as managing clients’ expectations and energy, and the attorneys’ psyche.
Negotiation for Attorneys - Strategies & Tactics
This one hour module provides an overview of negotiation fundamentals and explores strategies and techniques for attorneys who routinely engage in negotiations on behalf of private clients, corporate organizations, or administrative agencies. In addition to suggesting best preparation practices, the presenter will discuss other factors that should be taken into consideration including, but not limited to, communication styles, intangible influences, behind-the-table negotiations, cross-cultural factors, and negotiating in unstable contexts (such as a pandemic).
Dispute Resolution Clauses That Make Sense: Options for Creating Fair and Efficient Processes
Parties often complain that arbitration costs too much money, tiered dispute resolution clauses force mediation too early, and it generally takes too long to get to resolution. All of these issues can be addressed in the clause that parties negotiate. This program will highlight options for parties to consider in drafting fair and efficient dispute resolution clauses.
Preparing for Mediation: Best Practices for Inhouse Counsel
Mediation is the parties’ process. So, it makes sense for inhouse counsel to spend time in advance to design the best process for each dispute. This program will address ways to bring recalcitrant parties to the table, mediator selection, and negotiation planning strategies.
Virtual Arbitration: Advocating for Your Client and Gaining the Upper Hand
The pandemic forced lawyers and clients to use virtual platforms to resolve their legal disputes. Although courts and ADR Provider Organizations are opening their facilities for arbitration proceedings on location; lawyers, their clients, and arbitrators are finding ways to leverage the benefits of a virtual technology into their case presentations. This course will provide lawyers with strategies and tactics to optimize the integration of a virtual platform into their cases so their message is persuasive and cohesive. The course covers the use of technology and the substantive as well as procedural issues that must be covered.
The Arbitration Management Conference: A Roadmap for an Expeditious and Cost-Effective Proceeding
The goal of an arbitration management conference is to set the stage for an expeditious and cost-effective proceeding, anticipate issues or problems that might frustrate an arbitration hearing, and pave the way for a possible settlement of the dispute. Theo Cheng is an experienced advocate and arbitrator who will explain what counsel can expect from an arbitration management conference and provide practical strategies to optimize what you can realize from the event, as well as manage the costs of an arbitration, secure the discovery needed, and gather the information necessary to present your case effectively at the evidentiary hearing.
Storytelling is Not Just for Books: Developing an Arbitration Story
The best advocates understand that they will convince arbitrator(s) to rule in their favor with a compelling story that is supported by witness testimony and documents. Critical to success is telling the arbitrator what you want them to do and how your arbitration story supports this action. This course will provide lawyers with strategies and tactics to develop a theme for a compelling arbitration story that is delivered through witness testimony and documents after careful planning.
The Advantages and Disadvantages of Using Arbitration or Mediation to Resolve Intellectual Property Disputes
It has always been the case that the onus of enforcing intellectual property rights falls principally on the shoulders of the holders of such rights. Thus, when a case of unauthorized use is discovered (or is looming), the intellectual property owner usually must act quickly to stop the offending conduct, regain control over the property, and secure adequate compensatory relief. But is commencing a lawsuit in court the most effective and efficient way to achieve those ends? What considerations play into the decision over whether arbitration or mediation, for example, might be better options? Should arbitration or mediation even be a consideration during a negotiation over a dispute resolution clause before any conceivable dispute has even arisen? With over 20 years of experience as a commercial and intellectual property litigator, coupled with over 10 years of experience as an arbitrator and mediator, Theo Cheng will explain the advantages and disadvantages of using arbitration or mediation in connection with resolving intellectual property disputes so that you and your clients can be better informed before deciding to choose one of those alternative methods over court litigation.
Effective Representation in Mediation
To help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles. In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid. Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when to settle, walk away, or prepare for an expensive and time-consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator.
Arbitration vs. Court: What are the Differences, Benefits and Drawbacks?
This webinar lays out the elements of arbitration and compares the major provisions between court proceedings and the arbitration process. The regular people on the street often believe that court proceedings provide them with their day in court. However, arbitration may provide an easier and less expensive process to vindicate their rights and receive a decision. The arbitration process has evolved in the last twenty years to ensure that parties with disputes are provided due process rights but has this made the process litigation light? The benefits and drawbacks between court proceedings and arbitration will be discussed at length.
Mitigation of Illegal Behavior for Immigration Defense Lawyers: How Crimes, Fraud, Misrepresentation, and CIMTS can be Explained Through the Help of Clinical Forensic Evaluations
Among the most important topics in immigration defense today is CRIMMIGRATION, that is, the consideration of how to contend with and explain criminal issues, including fraud, misrepresentation, illegal activity and crimes involving moral turpitude, for immigration clients. This seminar will consider how to tackle this extremely important issue separate and apart from proving hardship issues in 601-waiver petitions by using MITIGATION, just as criminal defense lawyers use mitigation to defend and explain their client’s criminal behavior with prosecutors or in court.
Three Keys to Negotiating Success
How great would it be if you could walk into any negotiation feeling confident and walk away satisfied that you had the best possible outcome? In this presentation, Susan Borke will teach you three elements that you can use to improve your negotiations with your clients, managers, team members, contractors, vendors, and even friends or family.
Supreme Court Arbitration Decisions and New Federal Statute
The Supreme Court this past Term decided 5 Arbitration cases, each of which will be analyzed in depth. Among the questions decided were whether the “look through” doctrine adopted in Vaden v. Discover Bank to apply to motions to compel spies also to motions to confirm or vacate an arbitration award; whether a PAGA claim can proceed as a representative action and not be compelled to individual arbitration; whether an airline baggage handler is engaged in transportation and thus cannot be compelled to arbitration; and whether US court discovery rules can be used by foreign arbitration tribunals.
Handling Nonparty Discovery in Domestic Arbitration Proceedings: Fundamentals and Best Practices
Nonparty discovery in domestic arbitration proceedings is an often misunderstood and overlooked aspect of case planning, management, and administration. As more domestic disputes are compelled to arbitration, either through company-sponsored programs in the employment and consumer context or through increased incorporation of contractual arbitration provisions in the commercial context, both advocates and neutrals need to understand how to properly address nonparty discovery in arbitration, which stands in stark contrast to similar processes in court litigation. With over 20 years of experience as a commercial and intellectual property litigator, coupled with over 10 years of experience as an arbitrator and mediator, Theo Cheng will explain the differences, provide an update on the legal landscape, offer practical tips, and share best practices to master this challenging aspect of arbitration proceedings.
Advanced Strategies for Negotiating Success
In this course, Susan Borke shares how to use your growth mindset to learn new skills and become proficient in preparing for negotiations. We will learn strategies and tips for attorneys who want to become strategic negotiators, including how to shift from intuitive negotiating to intentional negotiating.
Maritime Arbitration 101
This one hour course will provide an in-depth overview of maritime arbitration claims. This course will provide attorneys with an historical background of maritime arbitration, explain the various statutory frameworks, defined the different types of disputes brought in maritime arbitration, as well as discuss the relevant format and procedures. We will also explore the enforceability of awards, including the potential challenges to an award.
Mediation in Divorce - Cultural and Religious Considerations
Culture and religion are at the forefront of the United States’ diverse population. Individuals hold true to their personal religious and cultural belief systems, even during the times of separation and divorce. Oftentimes, these individuals feel marginalized through the legal separation and divorce proceedings because their religious and cultural identities are not recognized. How do we give voice to these cultural and religious identities, so that our clients’ needs, and desires are heard and met in the divorce process? How do we make a legal divorce work for them, when their marriage is not? This program will provide an overview of the mediation process, and how it serves as a tool when approaching gray areas of diversity in religion, tradition, and customs that courts may not address in separation or divorce. These gray areas cover the topics of parenting, family dynamics in assets and debts, custody, and support.
Mediation Strategies - From Mediator Selection to Preparing for and Conducting the Mediation through to Completion
This 60 minute course discusses a variety of Mediation Strategies from selection to preparing for and conducting the mediation. This course will provide an in-depth discussion of the mediation process in order to provide a better understanding for the effective use of mediation as a tool.
Preparing for a Successful Mediation
In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively prepare for a mediation, how to conduct yourself during the mediation session, and what steps should be taken after the mediation. Your goal as a lawyer should be to give your client the very best opportunity to successfully settle the case during or after the mediation.
Mediation Preparation for Attorneys: The ABC's to Your Client's Best Mediation
This presentation covers tips and advice for attorneys preparing to represent their clients at mediation. In addition to suggesting best practices in terms of the mechanics of getting ready for a mediation session, the presenter will discuss other factors attorneys should take into consideration including, but not limited to, intangible aspects such as managing clients’ expectations and energy, and the attorneys’ psyche.
Negotiation for Attorneys - Strategies & Tactics
This one hour module provides an overview of negotiation fundamentals and explores strategies and techniques for attorneys who routinely engage in negotiations on behalf of private clients, corporate organizations, or administrative agencies. In addition to suggesting best preparation practices, the presenter will discuss other factors that should be taken into consideration including, but not limited to, communication styles, intangible influences, behind-the-table negotiations, cross-cultural factors, and negotiating in unstable contexts (such as a pandemic).