Dealing with a Difficult Client During the Mediation Process

(2374 Ratings)

Produced on: September 02, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Intermediate

Mediation has become one of the most valuable tools an attorney can use to settle a dispute. In this presentation, National Law Journal’s #1 mediator of 2014, Hon. John DiBlasi, discusses one of the most difficult challenges facing attorneys in the ADR process - dealing with the difficult client. The presentation examines this process, beginning with the preparation of the client, management of their expectations, and gaining acceptance and compromise at every stage of mediation. The presentation also focuses on the importance of maintaining client relations, a concern that attorneys face in this challenging environment every day.

 

Learning Objectives:

I.    Understand how to properly prepare the client for mediation

II.   Maximize the joint and break-out sessions

III.  Utilize the mediator to gain the client’s acceptance

IV.  Recognize how to handle the client when the case does and does not settle

 

 

 

Faculty

John DiBlasi, a former Justice of the New York State Supreme Court, has repeatedly been rated a top mediator in multiple categories in the New York Law Journal's annual survey. He holds an AV Preeminent peer rating from Martindale-Hubbell in the fields of Alternative Dispute Resolution (ADR) and Litigation—a distinction given to those who possess the highest ethical standards and professional ability. He is proud to be associated exclusively with National Arbitration and Mediation (NAM). His ADR practice encompasses a wide and varied range of cases, inclusive of commercial, personal injury and civil rights/discrimination matters.

Judge DiBlasi's many years of experience as a full-time arbitrator and mediator in commercial disputes are supplemented by his past tenure as a Presiding Justice of the Commercial Division of the Supreme Court of the State of New York. His alternative dispute resolution practice, which, in many ways, mirrors his work as a jurist, draws upon his experience as a Justice of the Commercial Division, where he presided over complex commercial litigation involving contract disputes, employment disputes, real property/land use matters and environmental litigation. He created the Alternative Commercial Dispute Resolution Program used successfully by the court in which he presided.

Additionally, Judge DiBlasi's years of practice as a neutral and a jurist have encompassed the resolution of numerous seven- and eight-figure settlements in personal injury cases. Again, Judge DiBlasi's experience on the bench handling thousands of personal injury cases including toxic torts, products liability, medical malpractice and other areas of liability supports his extensive experience in the field of Alternative Dispute Resolution.

Judge DiBlasi has served as an Adjunct Professor of Law at Pace University and St. John's University Schools of Law. He has lectured for the New York State Bar Association, New York State Trial Lawyers, the New York State Judges' School, the Practicing Law Institute of New York, and other Bar Associations. He has published articles on trial tactics in the New York State Bar Journal and articles on alternative dispute resolution in both the New York Law Journal and New York State Trial Lawyers Journal. 

Judge DiBlasi served in the United States Army Reserve, Judge Advocate General's Corps, retiring with the rank of Captain. He is a Fellow of both the American and New York State Bar Foundations, and the recipient of the New York State Bar Association's Award for Outstanding Achievement in the field of Law Related Education, and the Pace Law School Awards as "Outstanding Adjunct Professor of the Year" and for "Service to the Community and the Bar". He received his BA from Syracuse University, and his Juris Doctor Degree at St. John's University. He possesses a Certificate in Professional Human Resource Management from Villanova University.

He began his career as an Examining Attorney with the New York City Department of Investigation, handling matters involving white collar crime and official corruption. He then entered into private practice and spent many years as a trial attorney before being elected as a Judge of the City Court of Mount Vernon, where he presided over hundreds of criminal proceedings.

Reviews

HA
Helen A.

Very interesting having someone who used to be a Judge and is now a mediator give this presentation. He had a great understanding of this topic.

WC
Winifred C.

Comprehensive, practical program

JA
Jennifer A.

Very well done. Interesting to think about mediation from the perspective of the mediator compared to the attorney. Insightful. .

DG
Donald G.

excellent

MG
Michael G.

Excellent, even for a non-litigator corporate attorney.

FT
Frank T.

Very Very Good

JD
Jonathan C. D.

Superb, authoritative presentation.

AK
Ann K.

Very interesting perspective on the mediation process.

EC
elizabeth c.

He was articulate, thoughtful and humane. Excellent!

GM
Gregg M.

Well done. The judge was knowledgeable and easy to understand

OA
Owolabi A.

One of the best. Will recommend. Very knowledgeable and experienced judge. Excellent presentation. Owolabi Alaba

VS
Vincent S.

Excellent

CH
Clayton H.

Excellent presentation

DC
Danielle C.

Very informative presentation and breakdown of mediation tactics and client preparedness/issues.

RJ
Ryan J.

Great CLE!

SM
Shelley M.

Great explanation of the mediation process. I've been a party to a mediation and had all those emotions!

RN
Ryan N.

Good to hear from someone so experienced

EM
Edward M.

Judge DiBlais is one of your best presenters.

RP
Rachel P.

Great speaker with a common sense approach to the subject matter.

PK
Paul K.

very well done

LE
Linda E.

It’s was interesting

AH
Amanda H.

wise words from a very experienced mediator

CR
Chris R.

Fantastic seminar

CE
Corey E.

Thank you

CA
Craig A.

Phenomenal speaker!

KY
Karen Y.

Very engaging speaker.

KR
Karen M R.

excellent presentation

SS
Steven S.

Excellent course!

JK
John Richard K.

What a really fine presentation. The presenter was most eloquent and intelligent!

MG
Mark G.

Excellent reinforcement of essential strategies and preparation.

TG
Tom G.

Excellent speaker. Good, sound, advice.

JS
Joanna S.

very practical.

DL
Devora L.

Good speaker

KL
Kirk L.

great

CW
Casandra B. W.

Absolutely Excellent Presentation-Thank You

ES
Edith S.

this was by far the most well presented and practical content filled course that I have taken through Lawline or anyother CLE provider.

DP
Dana P.

Very helpful

SW
Steve W.

Great tips for client expectations and positioning them for mediation success.

PF
Patrick F.

ONE OF YOUR BEST

TE
Tomas E.

Well done.

JJ
Jane J.

Obviously, presenter has extensive experience. Very thorough presentation.

CR
Carl R.

Excellent presentation. Very clear and concise.

PS
Pamela S.

Best program I have listened to on lawline in a long time. I am in love with this guy! Smart, but humble, and very clear communicator. Impressive.

KM
Kelly M.

Good insights.

RW
Rich W.

Very good presentation on Mediation preparation not just difficult clients.

RR
Richard R.

Highly competent attorney/judge. Excellent lecture.

ZS
Zvi S.

Good

RH
Robert H.

excellant

JG
JORGE G.

Excellent!

JH
Judith H.

Great speaker. Many good tips!

GF
Garrick F.

Good insight.

MG
Michael G.

Thanks Judge.

TF
Thomas F.

excellent

MM
Matthew M.

Excellent presentation

GA
George A.

the best lifeline CLE I have seen

GD
Gregory D.

Great overview from a very experienced mediator.

LH
Lee H.

Really excellent!!! Great discussion of the importance of preparation, the pros and cons of the mediation process, and covers all the bases!!! The Judge has a certain confidence, poise and common sense approach which obviously makes him a great choice to mediate difficult cases!!!

PW
Philip W.

Excellent

JC
James C.

Outstanding Presentation

DJ
David J.

This was a very informative course.

JR
Judith R.

Great lecturer.

JC
Judy C.

Excellent presenter.

SM
Sheila M.

Excellent!

AP
Andrea P.

Probably best for those inexperienced in mediation. Most interesting to me was the discussion as to when the mediator brings up an issue in break out sessions.

JE
Jodi E.

Outstanding.

SK
Steven K.

Best Lawline CLE I have taken yet. i mediate cases, and the points and examples used by the speaker were spot on.

JH
John H.

Good course - excellent instructor.

SF
Susana F.

Fantastic on every level. It is wonderful to hear his wise, respectful, and compassionate approach to mediation.

VS
Vera S.

Great!

SK
STEPHEN K.

Excellent - the best!! Knows the subject & communicates it very well.

CO
Catherine O.

Great practical advice with a human touch1

JA
James A.

Very good presentation by an obviously wonderfully experienced mediator. Worth the time to watch. Good sound advice.

JD
joe d.

An excellent presentation on mediation by a man with significant experience. One of the best CLEs I have ever heard. Denny Dobbins

PC
Phyllis C.

Top shelf.

TM
Thomas M.

Excellent

WD
William D.

Very well done.

DG
D. Larry G.

Wonderful listening to a master mediator.

JC
Joshua C.

helpful ideas

VV
Victor V.

This was the best lecture that I have listened to from your company.

BC
Bradley C.

Good basic ideas

JW
Jim W.

Very good helpful

JC
Joseph C.

Excellent speaker. Please request another lecture from this speaker.

PS
Patrick S.

Great information. Great for Plaintiff and insurance attorneys.

OL
Ornah L.

Great lecturer!! :)

HH
Heather H.

Excellent information presented in a concise, intuitive manner

MB
Mark B.

Great combo of strategy, principle, and practical examples. Really enjoyed this one.

MA
Michael A.

Lots of good advice here.

SA
Senna A.

An enjoyable presentation on a topic that many of us find challenging.

PS
Paul S.

Excellent presentation.

JO
Jason O.

great speaker

RW
Robert W.

Excellent!

RG
Richard G.

Excellent!

JC
John C.

Outstanding

DK
Donald K.

Well organized, valuable points made, clearly presented.

SP
Steven P.

Excellent presentation from a clearly qualified former judge

RR
Richard R.

Excellent speaker on an important and difficult subject, especially if you're in house, like me, and your principals sit right next to you as you try to prep them for mediation.

LM
Leslie M.

Great course! Plan to take more by the same speaker!

GA
Glenn A.

Fanstastic!!!!

DF
David F.

Lecturer is most knowledgeable, informative and clearly communicates the subject matter.

BH
BRIAN H.

This is a great course that deals not only with difficult clients during mediation, but also various strategic and tactical approaches during the entire mediation process -- start-to-finish.

RB
Robin B.

Useful in many situations.

JL
Jose L.

great

MW
Merrick W.

Excellent presentation containing many practical suggestions, especially with respect to wrongful death cases.

MW
Mark W.

Excellent presentation

DM
David M.

I'm a big fan of this gentleman. This is his second lecture in a row where he shared very meaningful insights into the mediation process.

DD
Donald D.

Actually, quite excellent!

AP
Anthony P.

Very repetitive

EA
Erin A.

Really interesting and I'd like to use him as a mediator!

JN
Jamie N.

I listened to this as an mp3 and found that the speaker was very easy to listen to and understand.

PC
Patrick C.

Very insightful; well done.

WT
Walter T.

Outstanding

ME
Michel E.

Great to hear a judge's perspective.

HP
Hae P.

Excellent speaker.

MC
Melanie C.

Excellent speaker---very knowledgeable.

MV
Mary V.

Had trouble with the materials on this course. Put most of detail was in presentation, so not a big problem. Very good course!

JO
James O.

Best course I've taken with Lawline.

JK
John K.

Valuable information presented in a clear and concise manner. Thank you for a great presentation.

AV
Angela V.

Great Speaker!

DS
David S.

Excellent!!!

JP
Judith P.

Very well done. Really appreciated the nuts and bolts approach to educating the client.

RM
R. Sean M.

Good presentation and informative materials.

AS
Andrew S.

outstanding job!

WJ
William J.

Excellent course. Excellent speaker.

SJ
Suzanne J.

Great examples.

MG
Mary G.

EXCELLENT class, much more what I expected from the course description.

RK
Ralph K.

Very helpful about a touchy subject!

DG
Dalinda G.

this was an excellent presentation

WS
Whitney S.

Very good teacher

DM
Daniel M.

The instructor was obviously very knowledgeable about the topic and presented the information he provided in a well organized clear and concise manner.

RH
Ray H.

excellent

DD
Duane D.

one of the best CLE presentations

JN
John N.

Very helpful----

DM
Diane M.

very good class.

KH
Kathy H.

Excellent presentation.

JS
Jerry S.

informative

DL
David L.

Really excellent speaker - New York former judge. I would like to have Judge DiBlasi as a mediator in a case. .

GB
Greg B.

Very articulate and well structured speaker.

MS
Mindi S.

very good lecture

LF
Lawrence R. F.

a consummate professional.

MJ
Michael J.

A great presenter

AL
amy l.

excellent presentation!

RL
Rochelle L.

Would love to see this expanded to non court ordered mediation, but to mediation as an alternative to arbitration

TF
Terence F.

By far the best presentation on any subject that I have heard in this cycle of courses. Simply superior.

FA
Folasade A.

Hon. John DiBlasi was most engaging on the topic. Deliberate and thorough presentation. Instructive lecture.

ML
Melanie L.

I have held many mediations before Judge DiBlasi. He is one of the best out there because he understands the process and emotions involved on both sides. Great presentation and great speaker!

JB
Julie A. B.

Thorough presentation skillfully and engagingly delivered.

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