IAM 2024 Seattle Conference Program | May 30 – June 1

CLIENT-CENTRIC MEDIATION:
NEW CHALLENGES, PERSPECTIVES, AND STRATEGIES

With all of the tools available to us as mediators—some traditional, some new, and others almost futuristic—it can be difficult to navigate best practices. At this conference, we will take a fresh look at all the options available to us, with a particular focus on the client (whoever that may be -stay tuned for more on that issue!). We hope to challenge the way we look at what we are doing, hear the perspectives of our colleagues from around the world, and add new strategies to our repertoire.

CONFERENCE PROGRAM

Wednesday, May 29, 2024

2:00 – 5:00 pm IAM Board of Governors Meeting (Senate Room)

General Sessions are in the Metropole Room.
Thursday, May 30

Guest/Spouse Tour: Chihuly Garden & Glass Museum

7:00 am  Registration desk open

8:00 – 9:00 am  Breakfast (registered attendees only – in the Metropole Room)

9:00 – 9:30 am Welcome and Setting the Stage – IAM President Paul J. Van Osselaer

9:30 – 11:00 am  Goulash and Brisket: Client-Centric Processes – Stephanie Blondell, Steve Rottman, Mike Young
What does it mean to be “client-centric?” or “client-centered?” “Is there a hierarchy of clients?” “How do we see insurers, advocates, or other ‘purchasers’?” More importantly, how do the answers to these questions impact the interventions we, as mediators, make at the table? How do our current assumptions regarding “the client” limit our mediator choices? Starting with the assumption we are never great when we are locked in orthodoxy, this session is intended to catapult our collective “mediator mind.” We will kick off the conference by thinking deeply about the assumptions that impact our process artistry.

11:00 – 11:15 am Break

11:15 am – 12:00 pm  Breakout Discussion Groups

1. • The Problems With Always and Never: A Mediator’s Guide to Flexibility – Steve Cerveris, Jonathan Andrews (Metropole Room)
   • Re-Thinking Mediation Processes – Vance Cooper (Senate Room)
   • Why Cases Don’t Settle and What We Can (sometimes) Do About That – Nina Khouri, Kelly Overstreet Johnson (Council Room)
   • Opportunities Beyond The Courthouse – Lee Jay Berman (Parliament Room)

12:00 – 1:00 pm  Lunch (registered attendees only – in the Metropole Room)

1:00 – 2:30 pm The Art of Mediation: Advanced Client – Centered Strategies – Nina Meierding
Experienced practitioners know that mediation is both a science (facts, law, technology, etc.) and an art (meeting each client “where they are.” ) This session will focus beyond the “what” of a question and explore the “who, when, where, and why” which can impact a result, validate or confront, change tempo, transfer power, and remove or create reactive devaluation.  We will strategize how to customize specific types of questions more effectively and become even more aware of our tone and inflection, our body language, and our word choice. In addition, we will examine how different types of empathy (“stepping into someone else’s shoes,” identifying with a party, and validation) can greatly assist the process or create problems if not done in a client-centered, mindful way.

2:30 – 2:45 pm Break

2:45 – 3:30 pm Breakout Discussion Groups

1. • It’s Not Enough to Settle the Dispute . . . – Mike Young (Metropole Room)
   • What do Settlements Look Like For Diverse Groups/How Do We Plan For Them? – James Mang’erere, Prachi Mehta, Afsana Gibson Chowdhury (Senate Room)
   • Tried-and-True: Mediator Systems to Guide Parties to Yes – Rob Daisley, Antone Melton-Meaux (Council Room)
   • Deception in Mediation: Does Authenticity Need to be Compromised in the Interest of Reaching a Deal? – Steve Paul, Michael Dickstein (Parliament Room)

5:30 – 7:00 pm  Cocktail Reception (in the Garden)

7:00 pm  Sign and Dine

Friday, May 31

Guest/Spouse Tour: Seattle Harbor Cruise and Sky Observatory

8:00 am  Registration desk open

8:00 – 9:00 am  Breakfast (registered attendees only – in the Metropole Room)

9:00 – 9:15 am  Gathering and Plan for the Day

9:15 – 10:45 am  The Future of Mediation in the Emerging Age of AI – Benjamin Alarie, Allan J. Stitt
In a world where AI is demystifying law’s complexities, what’s in store for mediators? Across the globe, innovative companies are harnessing the power of generative AI to illuminate the legal landscape, offering unprecedented insights. As AI grows increasingly capable, formerly foggy predictions of legal outcomes are becoming clearer. Benjamin Alarie, founder and CEO of Blue J, a leading legal tech AI firm, has dedicated the past decade to exploring how AI can enhance the efficiency and effectiveness of lawyers and mediators alike. Joined by Allan Stitt, a well-known and respected figure in mediation and current treasurer of IAM, this session confronts how AI’s new capabilities are poised to transform mediation. Discover how mediators can leverage AI for more effective reality checks during negotiations, the changing dynamics of lawyer-mediator interactions, and the ethical considerations that arise as AI takes a more prominent role in mediation.

10:45 – 11:00 am Break

11:00 am – 12:30 pm Reimagining Your Mediation Practice with AI – Niraj Kumar, Michael Dickstein

Artificial intelligence can revolutionize how mediation is taught and conducted. In this session we will examine both. Experience first-hand working with an AI partner that helps you prepare for an upcoming meditation. See examples of generative AI in the classroom and in the field. Brainstorm and discuss how the field of mediation will change and how you can utilize AI in your practice.

12:30 – 1:30 pm  Lunch (registered attendees only – in the Metropole Room)

1:30 – 2:30 pm Mediating Cases When Food Kills- How to Keep the Parties in Focus – Bill Marler, Jeff Krivis, Eric Galton

Bill Marler of Seattle, one of the world’s leading food safety experts and attorneys, will discuss foodborne illness and death cases, and ways to keep the parties front and center at mediation. Distinguished Fellows Jeff Krivis and Eric Galton( aka “Your Happy Hour Co-Hosts”) have mediated complex cases with Bill Marler, and will direct and facilitate the conversation with the audience.  Marler was recently featured in Netflix’s documentary Poisoned: The Dirty Truth About Your Food.

2:30 – 2:45 pm Break

2:45 – 3:30 pm Breakout Discussion Groups

• • We Mediators “Talk the Talk”, But Can We Participate in Difficult Conversations Ourselves? – Orit Asnin (Metropole Room)
  • Getting Personal – Barry Fisher, Logan Cooper (Senate Room)
  • Mediating and Negotiating When Pressed For Time – Hal Abramson (Council Room) 
  • Cultural Issues and Challenges in International Mediations: A Case of Kungfu Panda vs Captain America? – Tat Lim, Jody Sin, Marcelo Perlman (Parliament Room)

6:30 – 9:30 pm  Reception/Banquet at the Seattle Aquarium (dress is business casual)
Featuring a Lifetime Achievement Award Presentation to Michel Kallipetis

Saturday June 1

8:00 – 9:00 am  Breakfast (registered attendees only – in the Metropole Room)

9:00 – 9:15 am  Gathering and Plan for the Day

9:15 – 10:30 am  Back to Basics: Dialogue is What Matters. How We Do It and It Works! – Patrick Van Leynseele, Catherine Peulve, Mary McLain
This panel will address how neutrals and parties can make the most of the flexibility offered by mediation to successfully resolve disputes without any fear of joint sessions. It will explore the advantages of the confrontational approach and its limits together with the limits of “only caucus or mostly”; what are the results of the joint session? What is the impact on the process and on the mediation approach as a whole? Does the hijacking of the mediation process by the lawyers change the “mediation mood?”                           

10:30 – 10:45 am Break

10:45 – 11:00 am Introduction: 2025 Conference on the Gold Coast in Australia – Doug Murphy

11:00 – 11:30 am IAM Annual General Meeting and Installation of New Officers and Board Members – IAM President Paul J. Van Osselaer

11:30 – 11:45  Open Mic with Joyce Mitchell, New IAM President

12:50 pm  Optional Group Excursion to Bainbridge Island (Meet at hotel entrance to walk to ferry)

Breakout Discussion Groups: (located in the Metropole, Senate, Council, and Parliament rooms)

1. The Problems With Always and Never: A Mediator’s Guide to Flexibility – Steve Cerveris, Jonathan Andrews
   Within the mediation community, there has always been a healthy debate about various mediation “styles,” proper techniques and approaches, etc.  What we seldom discuss are the limitless variables that may significantly affect which processes and approaches are best suited for a particular mediation or personalities involved.  What works in one mediation may be disastrous in another. The goal in this breakout is to discuss how different practitioners in different parts of the world approach the inevitable thematic variations we encounter each day and to address the importance of “flexibility” as we approach each unique mediation.
2. Re-Thinking Mediation Processes – Vance Cooper
   I have been attending mediations for almost 40 years, first as counsel and, for the last 20 years, as a mediator.  Things have been done the same way. I identified two primary problems and developed alternatives or solutions. This breakout session will expand on the foregoing and how I was able to bring my solutions to the attention of my market and obtain buy in.
3. Why Cases Don’t Settle and What We Can (sometimes) Do About That – Nina Khouri, Kelly Overstreet Johnson
   A facilitated discussion taking advantage of the IAM collective brains trust to identify the mediator moves that make a difference to settlement outcomes.
4. Opportunities Beyond The Courthouse – Lee Jay Berman
   Mediators gravitate to litigated cases because, like bank robber Willie Sutton said when asked why he robbed banks, “that’s where the money is”.  Courts are where the disputes are.  But as the mediation field grows, and as we expand our opportunities beyond litigated cases, what do those other opportunities look like?  Where can mediators find work, add value, open new markets, and perhaps move up the pipeline to meet disputes before they become framed as litigated cases with represented parties?  And, what kinds of skills might we need to dust off or polish up, if we don’t have the cost of litigation as a tool we can use to settle cases?
5. It’s Not Enough to Settle the Dispute . . . – Mike Young
   . . . it’s how you mediate that will set you apart.  You know you can guide parties to settlement … but so can thousands of other mediators.  Good results are simply not enough to distinguish you in a crowded field of neutrals.  So, what are the busy mediators doing that allows them to thrive while others scratch to survive?  If it’s not just the ability to help parties settle, what else is required to get hired again, to build and grow a successful full-time mediation practice in a crowded mediation community?  Looked at another way, if our clients are the lawyers, what are they looking for when they select mediators … and can we mediate in a way to help the parties resolve their dispute and ease their burdens, while also appealing to the needs and preferences of the lawyers who hire us?  And if we figure this out, will this make us better mediators, or are we just pandering?  This panel will look at who our clients really are, and discuss how we can and do mediate in ways that address the needs and desires of those clients while always ensuring we keep the ultimate interests of the parties paramount.  Can we do both?
6. What do Settlements Look Like For Diverse Groups and How Do We Plan For Them? – James Mang’erere, Prachi Mehta, Afsana Gibson Chowdhury In this breakout session, participants will engage in in-depth conversations regarding strategies for effectively accommodating diverse groups through appropriate settlement options. The session will explore optimal approaches for fostering dialogue to enhance comprehension of settlement types that align with the needs, cultural nuances, and traditions of the clients involved.
7. Tried-and-True: Mediator Systems to Guide Parties to Yes – Rob Daisley, Antone Melton-Meaux
   In sports, the systems from championship teams are almost as legendary as the players themselves. One of the most famous examples is the Chicago Bulls and the Triangle offense that led the team (and Michael Jordan) to multiple World Championships. Do we have similar systems that we deploy to guide us and the parties through the gauntlet of mediation to reach a resolution? How do we connect the options we explore in widely varying situations to what we are trying to accomplish at each step of the process? How do we spot the need for and execute audibles? How do we improve our systems to enable us to deal with issues, parties and lawyers that change from case to case and even during a given mediation?
8. Deception in Mediation: Does Authenticity Need to be Compromised in the Interest of Reaching a Deal? – Steve Paul, Michael Dickstein
   A cornerstone of our work as mediators is to build and maintain trust and credibility.  Yet in order to help reach settlement, or at the request of the parties, are there times that we avoid sharing relevant information or present things in ways that we know might mislead?  When can our role of persuasion become manipulation, whether at the fact-finding, analysis, negotiation, and/or decision-making stage?  In this interactive breakout, we will explore and share common (and uncommon) scenarios that can challenge authenticity, discuss how we navigate such situations, and how we get cases settled while preserving our integrity and credibility.
9. We Mediators “Talk the Talk”, But Can We Participate in Difficult Conversations Ourselves? – Orit Asnin
   As mediators we encourage our clients not to avoid difficult conversations, and we ourselves assist in handling such discussion. What about us? Are we willing to be involved in difficult conversations ourselves?  What considerations affect our choices?
10. Getting Personal – Barry Fisher, Logan Cooper
    This discussion will focus on the use of personal stories regarding the mediator, the lawyers and the clients as a tool to use  in the mediation. We will also discuss topics such as the use of humor, formality vs informality, the use of first names and references to one’s own family stories.
11. Mediating and Negotiating When Pressed For Time – Hal Abramson
    We have learned how to negotiate and mediate as if there is sufficient time to employ best practices. This session will explore what to do when we do not have the time to do so. The first part will be an open discussion of what mediators do, based on the experiences of the participants. The second part will offer an opportunity to critique suggested shortcuts in Hal Abramson’s draft article on Triaging Negotiations.
12. Cultural Issues and Challenges in International Mediations: A Case of Kungfu Panda vs Captain America? – Tat Lim, Jody Sin, Marcelo Perlman
    International mediations involve participants from diverse cultural backgrounds, and navigating cultural issues is crucial for a successful resolution. Key cultural issues that may arise in international mediations include communication styles, time orientation, non-verbal cues, decision making processes, attitudes towards agreements, language barriers and cultural sensitivity.  Successful international mediations require cultural competence, open-mindedness, and adaptability from all participants, including the mediator. Mediators skilled in navigating cultural issues can foster an environment conducive to productive communication, mutual understanding, and ultimately, successful resolution.  This session discusses these issues through the sharing of stories amidst an interactive environment.