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Decision Tree Analysis for Lawyers and Clients
(and sometimes Lawyers and Clients on the Other Side)
Moved to College of Law - Room 203
December 12, 2006
9:00 a.m. - 5:00 p.m.
Presented by
Marjorie Corman Aaron
Professor of Practice
University of Cincinnati College of Law
What is fair settlement value? How can you help your client take seriously the risks in this case? How can you persuade the other side or an insurer that your settlement number is reasonable? Decision Tree Analysis or Risk Analysis is a visual way of mapping a lawyer's, client's, or mediator's judgments about what might \ happen, what the chances are, and what results will flow from twists of fate along a litigation path. Many MBA business clients are familiar with decision trees, and will be pleased that you speak their language. This method has also proven successful for helping individual clients in employment, personal injury, construction, contract, and even divorce disputes understand their legal options, risks, and choices.
Participants will learn the decision tree method through a practical, nuts and bolts, interactive presentation designed for lawyers or mediators (even the most math
phobic).
Everyone will master the "how tos" for simple cases, and will understand its application in more complex cases. Participants will also learn how to
introduce a
decision analysis approach in dialogue for client counseling, negotiation, and mediation.
6.5 CLE hours: application pending in Ohio and Kentucky. Certificates of attendance provided for CLE applications in other states.
Getting to the Goal in Tough Negotiations
Bankers Club -- Fifth Third Tower, Cincinnati
December 18, 2008
8:30 a.m. - 11:45 a.m.
presented by:
Dwight Golann
Professor of Law
Suffolk University Law School
Marjorie Corman Aaron
Professor of Practice
University of Cincinnati
College of Law
How to negotiate more effectively with difficult adversaries, co-counsel and even your own clients? What do you do when a case requires you to be difficult yourself? What are the cognitive forces that affect bargaining decisions, and how can you cope with and use them in practice?
This morning seminar will combine mini-lectures, videos and exercises to explore methods to counter stonewalling, reneging and other hard bargaining strategies. It will show you how clients and bargainers fall into common traps, and how to deal with these problems, while avoiding them yourself.
Tough strategies also pose difficult ethical questions. Through real-life vignettes and examples of conduct "close to the line," we will suggest how to manage ethical tensions that may arise in your practice.
3.0 CLE hours: application pending in Ohio and Kentucky. Certificates of attendance provided for CLE applications in other states.
Mediating Without Mistakes: How to Borrow a Mediator's Powers
presented by:
Dwight Golann
Professor of Law
Suffolk University Law School
Marjorie Corman Aaron
Professor of Practice
University of Cincinnati
College of Law
Mediators often say they have no power-but savvy lawyers know that this is not really true. In fact mediators can strongly influence how negotiations unfold, and lawyers must often be ready to bargain with the neutral as well as with their opponent. Wise attorneys know how to harness a mediator's special powers to their client's advantage, and how to avoid being "spun" in mediation themselves.
Through exercises, examples drawn from actual cases, and video footage of lawyers bargaining through, and with, experienced neutrals, two of the country's leading trainers will show you how to enlist a mediator to enhance your bargaining effectiveness, with a special focus on dealing with difficult clients and adversaries.
3:5 CLE hours: application pending in Ohio and Kentucky. Certificates of attendance provided for CLE applications in other states.