This episode will cover how to begin the mediation process. We will review mediator selection, including interviewing, references and who may be the right fit for your specific dispute. From there we will discuss how to best prepare for the mediation. How should a risk analysis be performed? What or who should you consider having at the mediation and how to make those decisions. What is a risk analysis and when should you perform the same? How do you prepare your client for the mediation process? What about preparing or communicating with the mediator? Understanding key components of the mediation process to ensure you have done everything possible in order to achieve a negotiated resolution. How to prepare a pre-mediation statement - should it be joint, mediator’s eyes only or a combination. Evaluating whether a joint session will be productive versus starting and staying in caucus.
Part of the webinar series: Alternative Dispute Resolution (ADR) 2022
See more at https://www.financialpoise.com/webinars/
Corey Eschweiler is a personal injury attorney in Las Vegas, Nevada who has been litigating complex disputes since 1998. He co-founded ER Injury Attorneys after managing litigation at a billion dollar personal injury law firm and being a commercial litigation partner at a large law firm. Corey uses his experience representing large corporations to now fight for clients against those same companies. He has received numerous awards and recognition for his work, community involvement, and high verdicts. Corey is admitted to practice law in multiple state and federal courts.
Alternative Dispute Resolution in Workers Compensation: Mediation and Arbitra...Teddy Snyder
This document summarizes an upcoming webinar on alternative dispute resolution presented by Teddy Snyder. Snyder has over 20 years of experience mediating workers' compensation cases in California and is a nationally recognized expert in Medicare Secondary Payer and Affordable Care Act issues. The webinar will discuss alternative dispute resolution options like arbitration and mediation for resolving workers' compensation claims. It will provide an overview of the mediation process and how mediation can help parties reach settlements more efficiently compared to traditional litigation.
The document discusses mediators' perspectives on legal representation and achieving substantive justice in mediation. It outlines debates around whether mediation can deliver substantive justice or just procedural justice. The document also summarizes researchers' interviews with mediators, who expressed that achieving substantive justice is important but difficult to define, and that procedural fairness is key to empowering parties and working towards just outcomes.
This document discusses strategies for successful mediation of insured claims. It notes that mediating insured claims requires a different approach than other types of disputes due to different participant dynamics. Key strategies discussed include:
1) Ensuring adequate information exchange between parties so that valuations are justified and informed. Withholding information risks evidentiary issues and bad faith claims.
2) Conducting objective case valuation and risk analysis using techniques like decision trees to assess likelihood of various outcomes and compare to similar past cases. Misvaluation of claims often leads to rejected settlement offers parties later regret.
3) Encouraging frank discussion of case strengths and weaknesses rather than relying solely on positional bargaining, as insured claims mediation often devolves
Collaborative family law is a non-adversarial process focused on resolving family disputes efficiently with minimal financial and emotional damage. There are three defining principles: 1) parties and lawyers agree not to litigate and focus on settlement, 2) the process is transparent with full information exchange, and 3) agreements are made through interest-based negotiation to find solutions meeting everyone's needs. The collaborative process assembles a team including lawyers, a divorce coach, and financial neutral to help negotiate in a respectful manner, maintain privacy, and resolve issues efficiently within an average of 18 weeks compared to 18 months for litigation.
Negotiation is a process where two or more parties decide how to allocate scarce resources. There are two main types: distributive negotiation, which seeks to divide a fixed resource in a win-lose manner, and integrative negotiation, which aims to expand resources to create a win-win solution. The negotiation process typically involves preparation, defining ground rules, clarifying positions, bargaining, and implementing an agreement. Cultural differences, personality traits, and tactics can also impact negotiation effectiveness.
Karen Stott shared her experience of mediating personal injury claims while addressing challenges in maintaining neutrality and adhering to practice standards.
Corey Eschweiler is a personal injury attorney in Las Vegas, Nevada who has been litigating complex disputes since 1998. He co-founded ER Injury Attorneys after managing litigation at a billion dollar personal injury law firm and being a commercial litigation partner at a large law firm. Corey uses his experience representing large corporations to now fight for clients against those same companies. He has received numerous awards and recognition for his work, community involvement, and high verdicts. Corey is admitted to practice law in multiple state and federal courts.
Alternative Dispute Resolution in Workers Compensation: Mediation and Arbitra...Teddy Snyder
This document summarizes an upcoming webinar on alternative dispute resolution presented by Teddy Snyder. Snyder has over 20 years of experience mediating workers' compensation cases in California and is a nationally recognized expert in Medicare Secondary Payer and Affordable Care Act issues. The webinar will discuss alternative dispute resolution options like arbitration and mediation for resolving workers' compensation claims. It will provide an overview of the mediation process and how mediation can help parties reach settlements more efficiently compared to traditional litigation.
The document discusses mediators' perspectives on legal representation and achieving substantive justice in mediation. It outlines debates around whether mediation can deliver substantive justice or just procedural justice. The document also summarizes researchers' interviews with mediators, who expressed that achieving substantive justice is important but difficult to define, and that procedural fairness is key to empowering parties and working towards just outcomes.
This document discusses strategies for successful mediation of insured claims. It notes that mediating insured claims requires a different approach than other types of disputes due to different participant dynamics. Key strategies discussed include:
1) Ensuring adequate information exchange between parties so that valuations are justified and informed. Withholding information risks evidentiary issues and bad faith claims.
2) Conducting objective case valuation and risk analysis using techniques like decision trees to assess likelihood of various outcomes and compare to similar past cases. Misvaluation of claims often leads to rejected settlement offers parties later regret.
3) Encouraging frank discussion of case strengths and weaknesses rather than relying solely on positional bargaining, as insured claims mediation often devolves
Collaborative family law is a non-adversarial process focused on resolving family disputes efficiently with minimal financial and emotional damage. There are three defining principles: 1) parties and lawyers agree not to litigate and focus on settlement, 2) the process is transparent with full information exchange, and 3) agreements are made through interest-based negotiation to find solutions meeting everyone's needs. The collaborative process assembles a team including lawyers, a divorce coach, and financial neutral to help negotiate in a respectful manner, maintain privacy, and resolve issues efficiently within an average of 18 weeks compared to 18 months for litigation.
Negotiation is a process where two or more parties decide how to allocate scarce resources. There are two main types: distributive negotiation, which seeks to divide a fixed resource in a win-lose manner, and integrative negotiation, which aims to expand resources to create a win-win solution. The negotiation process typically involves preparation, defining ground rules, clarifying positions, bargaining, and implementing an agreement. Cultural differences, personality traits, and tactics can also impact negotiation effectiveness.
Karen Stott shared her experience of mediating personal injury claims while addressing challenges in maintaining neutrality and adhering to practice standards.
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
April 2011 Part I What Every Executive Should Know About Dispute ResolutionRBCG1
The document discusses various dispute resolution options for business executives including mediation, arbitration, negotiation and litigation. It provides details on each process and notes that mediation and arbitration are generally better than litigation when future relationships are important. The document also summarizes the key steps and considerations for mediation and arbitration as the main alternative dispute resolution approaches.
This document provides guidance on preparing for and participating in mediation to resolve legal disputes. It outlines key steps like analyzing the strengths and weaknesses of one's case, understanding the client's interests and alternatives to settlement, researching the mediator, and preparing a mediation statement covering the factual and legal issues. The document stresses communicating openly with the client, considering the full costs of resolving or not resolving the dispute, and getting any settlement agreement in writing.
Polsinelli's Gene Commander and Ryan E. Warren presented at the AGC Colorado Association Executive Leadership Academy. The Academy prepares next new leaders for the C-Suite. Polsinelli co-hosted the event with AGC and FMI.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution (ADR) options for resolving business disputes, focusing on mediation and arbitration. It discusses the four main ADR processes - mediation, arbitration, negotiation, and litigation - and explains that mediation and arbitration are private processes where the parties craft their own solution or an arbitrator makes a binding decision, respectively. The document also outlines the typical steps involved in mediation and arbitration and highlights advantages like cost and time savings compared to litigation.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
The article discusses 10 things not to do in mediation in order to maximize the chances of reaching a resolution. These include insulting the other party, giving up too soon on the mediation process, focusing only on monetary terms without considering other interests or possibilities, and prohibiting the client from speaking during mediation sessions. The article argues that keeping communication open, giving the mediator time to work with both sides, exploring integrative options beyond just dollars, and allowing client participation can help uncover resolutions and avoid prematurely ending mediation.
This document summarizes an article from the Winter/Spring 2015 issue of Family Lawyer Magazine. The article discusses how to determine if a law firm's website is optimized for smartphones. It notes that smartphone use is increasing, with over half of all website visits now coming from smartphones. The article provides tips for law firms, including using responsive design so the website automatically adjusts to different screen sizes, keeping pages lightweight with minimal images and text, and testing the site on various devices. It emphasizes the importance of prioritizing mobility so prospective clients can easily access information from their smartphones.
The document summarizes a presentation by mediator Lee Jay Berman on avoiding impasse in mediation. It discusses various stages of the mediation process and provides examples of roadblocks that can lead to impasse if not addressed properly by the mediator, such as parties not being fully prepared or the mediator failing to clarify expectations. The document emphasizes the importance of the convening and introduction stages in setting the right framework to facilitate agreement and settlement.
Mediation from both sides of the aisle (charles gordon)JAMSInternational
This document discusses mediation from the perspectives of both a lawyer and mediator. It describes mediation as a process of assisted negotiation where a neutral mediator helps parties reach an agreement. The document outlines when mediation is appropriate, the mediation process, how lawyers and mediators should prepare and participate, and the objectives and techniques a mediator uses to resolve disputes or lay the groundwork for future resolution. Even if a case does not settle at mediation, the mediator notes the process is not over and settlement is still possible through follow up, during trial, or on appeal to allow parties control over the outcome.
In-house counsel and claims professionals evaluate thousands of cases each year and make decisions concerning which cases to potentially take to trial, which to settle soon after a lawsuit is filed, and which to settle before a lawsuit is even filed. In most cases, counsel and claims professionals prefer to mediate in order to avoid the expensive costs of litigation. This article explores the tactics and tools for a successful mediation.
The Family Law Center was founded to assist people in resolving divorce issues peacefully through mediation. They handle more divorce mediation cases than any other practice in the greater Sacramento area. The document then discusses alternatives to traditional litigation for resolving divorce-related issues, including limited legal services, mediation, collaborative process, cooperative process, and litigation. It compares the alternatives based on their orientation toward settlement versus adversarial approaches, level of attorney involvement, and emphasis on process. The document also provides tips for minimizing both financial and emotional costs associated with divorce.
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
Oklahoma Land Run Essay. Online assignment writing service.Lisa Young
The document provides instructions for requesting writing assistance from HelpWriting.net in 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if satisfied. 5) Request revisions to ensure satisfaction, with a full refund option for plagiarized work.
Selecting the Right Valuation Expert (Series: Valuation)Financial Poise
This webinar discusses selecting the right valuation expert. It explores when a valuation expert is needed, typically for litigation or transactions requiring independent appraisals. The webinar covers how to evaluate an expert's credentials and experience, and whether communications with an expert are privileged. It also describes what an expert report entails and standards experts must meet. Lastly, it provides suggestions for valuation experts, such as adequately establishing credentials and being familiar with the relevant industry.
This document summarizes the post-confirmation bankruptcy services provided by Pachulski Stang Ziehl & Jones LLP (PSZJ), the largest bankruptcy firm in the US. It describes their expertise in areas like avoidance/preference analysis and litigation, claim reconciliation and litigation, asset recovery and liquidation, asset sales, and wind downs. It highlights their proprietary software and unique litigation approaches. It also provides brief biographies of four partners in the firm's Post Confirmation Group and lists some representative matters they have handled.
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
This document provides information about the Inland Valleys Justice Center (IVJC), a mediation service located in Los Angeles and San Bernardino counties. It lists the panel of expert mediators available in San Bernardino and Los Angeles counties, including their names, counties served, and credentials. It also includes the IVJC's vision of changing how people resolve conflicts by giving them affordable mediation options and experienced mediators to choose from. Finally, it advertises an upcoming course on mediating litigated cases taught by mediator Robert Tessier.
This document summarizes a presentation on mediating insurance claims. It discusses common myths and misunderstandings about mediation, when mediation is appropriate, how to prepare and participate, and the roles of counsel and the mediator. The objectives of mediation are to resolve disputes, provide an independent view of case strengths/weaknesses, and help parties explore creative solutions and translate positions to monetary values. Objectives can be attained through fairness, realism, listening, gaining trust, and helping parties understand risk mitigation. Even if a case does not settle at mediation, the process is not over - mediators may follow up or be involved during trial or appeal.
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
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In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
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See more at https://www.financialpoise.com/webinars/
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The document discusses various dispute resolution options for business executives including mediation, arbitration, negotiation and litigation. It provides details on each process and notes that mediation and arbitration are generally better than litigation when future relationships are important. The document also summarizes the key steps and considerations for mediation and arbitration as the main alternative dispute resolution approaches.
This document provides guidance on preparing for and participating in mediation to resolve legal disputes. It outlines key steps like analyzing the strengths and weaknesses of one's case, understanding the client's interests and alternatives to settlement, researching the mediator, and preparing a mediation statement covering the factual and legal issues. The document stresses communicating openly with the client, considering the full costs of resolving or not resolving the dispute, and getting any settlement agreement in writing.
Polsinelli's Gene Commander and Ryan E. Warren presented at the AGC Colorado Association Executive Leadership Academy. The Academy prepares next new leaders for the C-Suite. Polsinelli co-hosted the event with AGC and FMI.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution (ADR) options for resolving business disputes, focusing on mediation and arbitration. It discusses the four main ADR processes - mediation, arbitration, negotiation, and litigation - and explains that mediation and arbitration are private processes where the parties craft their own solution or an arbitrator makes a binding decision, respectively. The document also outlines the typical steps involved in mediation and arbitration and highlights advantages like cost and time savings compared to litigation.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
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This document summarizes an article from the Winter/Spring 2015 issue of Family Lawyer Magazine. The article discusses how to determine if a law firm's website is optimized for smartphones. It notes that smartphone use is increasing, with over half of all website visits now coming from smartphones. The article provides tips for law firms, including using responsive design so the website automatically adjusts to different screen sizes, keeping pages lightweight with minimal images and text, and testing the site on various devices. It emphasizes the importance of prioritizing mobility so prospective clients can easily access information from their smartphones.
The document summarizes a presentation by mediator Lee Jay Berman on avoiding impasse in mediation. It discusses various stages of the mediation process and provides examples of roadblocks that can lead to impasse if not addressed properly by the mediator, such as parties not being fully prepared or the mediator failing to clarify expectations. The document emphasizes the importance of the convening and introduction stages in setting the right framework to facilitate agreement and settlement.
Mediation from both sides of the aisle (charles gordon)JAMSInternational
This document discusses mediation from the perspectives of both a lawyer and mediator. It describes mediation as a process of assisted negotiation where a neutral mediator helps parties reach an agreement. The document outlines when mediation is appropriate, the mediation process, how lawyers and mediators should prepare and participate, and the objectives and techniques a mediator uses to resolve disputes or lay the groundwork for future resolution. Even if a case does not settle at mediation, the mediator notes the process is not over and settlement is still possible through follow up, during trial, or on appeal to allow parties control over the outcome.
In-house counsel and claims professionals evaluate thousands of cases each year and make decisions concerning which cases to potentially take to trial, which to settle soon after a lawsuit is filed, and which to settle before a lawsuit is even filed. In most cases, counsel and claims professionals prefer to mediate in order to avoid the expensive costs of litigation. This article explores the tactics and tools for a successful mediation.
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Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
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This webinar discusses selecting the right valuation expert. It explores when a valuation expert is needed, typically for litigation or transactions requiring independent appraisals. The webinar covers how to evaluate an expert's credentials and experience, and whether communications with an expert are privileged. It also describes what an expert report entails and standards experts must meet. Lastly, it provides suggestions for valuation experts, such as adequately establishing credentials and being familiar with the relevant industry.
This document summarizes the post-confirmation bankruptcy services provided by Pachulski Stang Ziehl & Jones LLP (PSZJ), the largest bankruptcy firm in the US. It describes their expertise in areas like avoidance/preference analysis and litigation, claim reconciliation and litigation, asset recovery and liquidation, asset sales, and wind downs. It highlights their proprietary software and unique litigation approaches. It also provides brief biographies of four partners in the firm's Post Confirmation Group and lists some representative matters they have handled.
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Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
This document provides information about the Inland Valleys Justice Center (IVJC), a mediation service located in Los Angeles and San Bernardino counties. It lists the panel of expert mediators available in San Bernardino and Los Angeles counties, including their names, counties served, and credentials. It also includes the IVJC's vision of changing how people resolve conflicts by giving them affordable mediation options and experienced mediators to choose from. Finally, it advertises an upcoming course on mediating litigated cases taught by mediator Robert Tessier.
This document summarizes a presentation on mediating insurance claims. It discusses common myths and misunderstandings about mediation, when mediation is appropriate, how to prepare and participate, and the roles of counsel and the mediator. The objectives of mediation are to resolve disputes, provide an independent view of case strengths/weaknesses, and help parties explore creative solutions and translate positions to monetary values. Objectives can be attained through fairness, realism, listening, gaining trust, and helping parties understand risk mitigation. Even if a case does not settle at mediation, the process is not over - mediators may follow up or be involved during trial or appeal.
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See more at https://www.financialpoise.com/webinars/
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Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
This webinar provides an overview of using expert witnesses in commercial litigation. It discusses when expert testimony is commonly used, the rules governing expert disclosures and discovery such as expert reports. It covers challenging opposing experts using Daubert motions and strategies for preparing your own experts for deposition. The webinar is part of a series on litigation fundamentals aimed at new and less experienced litigators.
Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2: Securities Law Comp...Financial Poise
The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
This webinar focuses on the opportunities that crowdfunding makes available to the investor, and how the investor should go about navigating this new world. We begin with a basic overview of the new regulatory regime, the requirements to invest, and the on-boarding process one should expect. We then dive deeper into the market opportunity, including how to access and select investments, and expectations investors should set for themselves and the projects they select. This is not intended to support any specific deal selection, but instead sheds a light upon the basic selection criteria available, the method to go about investing and what to avoid.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
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Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
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In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
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Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
4
5. Meet the Faculty
MODERATOR:
Ingeuneal C. Gray– American Arbitration Association
PANELISTS:
Leslie A. Berkoff – Moritt Hock & Hamroff LLP
Byeongsook Seo– Snell & Wilmer LLP
Elizabeth J. Shampnoi– Shampnoi Dispute Resolution & Management Services, Inc.
5
6. About This Webinar –
Preparing for Mediation: From Selection to Presentation of
Claims
This episode will cover how to begin the mediation process. We will review mediator
selection, including interviewing, references and who may be the right fit for your specific
dispute. From there we will discuss how to best prepare for the mediation. How should a risk
analysis be performed? What or who should you consider having at the mediation and how to
make those decisions. What is a risk analysis and when should you perform the same? How
do you prepare your client for the mediation process? What about preparing or
communicating with the mediator? Understanding key components of the mediation process
to ensure you have done everything possible in order to achieve a negotiated resolution. How
to prepare a pre-mediation statement - should it be joint, mediator’s eyes only or a
combination. Evaluating whether a joint session will be productive versus starting and staying
in caucus.
6
7. About This Series – Alternative Dispute Resolution
2022
Disputes arise in various business contexts, including contracts, torts, M&A and/or within a business divorce or
separation. Understanding the ability to secure a more expeditious and potential private result is driving many
companies to consider utilizing alternative means to dispute resolution. This Series will review in detail both traditional
forms of alternative Dispute Resolution- Mediation and Arbitration. The Series will take participants through the
preliminary steps in preparing for a mediation, including mediator selection, preparing your case, pre-mediation
submissions and risk analysis. This will be followed by an in-depth discussion on the mediation process, presenting your
case, understanding the process and how to work with the mediator, how to work through impasse and how to achieve a
creative resolution. The series will next review the arbitration process beginning with how to prepare and file claims,
picking an arbitrator (or arbitrators), preparing for the preliminary conference and the process. The final episode will go
through presenting your case and claims to the arbitrator or panel, including the early stage discovery options and
motions through to pre-trial statements, the arbitration hearing and post arbitration submissions and awards.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
7
8. Episodes in this Series
#1: Preparing for Mediation: From Selection to Presentation of Claims
Premiere date: March 10, 2022
#2: Conducting the Mediation
Premiere date: April 7, 2022
#3: Preparing for an Arbitration
Premiere date: May 5, 2022
#4: Handling the Arbitration
Premiere date: June 2, 2022
8
14. When Should We Mediate?
•Types of disputes appropriate for mediation
14
15. When Should We Mediate? (cont’d)
•What if we don’t think mediation will be productive?
15
16. Do We Have Enough Information For Mediation?
• How can we get information from the other side before mediation?
16
17. Can We Force the Parties to Mediate?
•Agreements to mediate
17
18. Can We Force the Parties to Mediate? (cont’d)
•Court mandated mediation
- Advantages v. disadvantages
18
19. Can We Force the Parties to Mediate? (cont’d)
• Timing
19
20. How Do We Get the Mediation Process Started?
•Request v. demand for mediation
•Is there an obligation to mediate?
20
21. What Should You Expect From the Mediation
Process?
•Selecting a mediator
-Good v. bad v. effective mediator
21
22. What Should You Expect From the Mediation
Process? (cont’d)
•Selecting a Mediator
- Credentials
- Experience
- Expertise
- Personality
- Selection process
22
23. Settlement and Mediation
• Should we offer settlement before mediation?
- Setting “floors” and “ceilings”
23
24. What Should the Client Do Prior to Mediation?
•What are your goals?
24
25. What Should the Client Do Prior to Mediation?
•What are you willing to walk away with?
25
26. What Should the Client Do Prior to Mediation?
•Information you have but your attorney may not
- Personality of participants
- Motivation of participants
26
27. What Will the Attorneys Do Before Mediation?
•Mediation statement
27
28. What Will the Attorneys Do Before Mediation?
•Confidential v. exchanged statements
28
29. What Will the Attorneys Do Before Mediation?
•Communication with the Mediator
29
31. About The Faculty
Leslie A. Berkoff– lberkoff@moritthock.com
LESLIE A. BERKOFF is a Partner with the firm where she serves as Chair of the firm's Dispute Resolution Practice Group and is the former Co-Chair of the firm's
Creditors' Rights and Restructuring Department. Ms. Berkoff splits her practice between these two Practice Groups. In the restructuring space, she
concentrates her practice in chapter 11 cases, bankruptcy litigation and corporate workouts, where she represents a variety of corporate debtors, trustees,
creditors and creditor committees both nationally and locally. Ms. Berkoff is an experienced commercial litigator. Ms. Berkoff's Dispute Resolution practice
has her frequently serving as an ad hoc and panel mediator; she is on the Mediation Panel for the Eastern and Southern Districts of the United States
Bankruptcy Courts in New York, the United States Bankruptcy Courts in Delaware and the Eastern District of Pennsylvania, as well as the Commercial
Mediation Panel for Nassau County. Ms. Berkoff is a trained arbitrator and serves on the American Arbitration Association’s National Roster of Commercial
Arbitrators and Mediators, the AAA-ICDR International Panel and is a member of the AAA-ICDR Council. Ms. Berkoff also serves as a member of the Second
Circuit United States Court of Appeals Pro Bono Appellate Mediation Panel and as a Special Master in the Supreme Court of the State of New York, Appellate
Division, Second Judicial Department Mediation Program.
Ms. Berkoff is the past Co-Chair of the American Bankruptcy Institute's (ABI) Mediation Committee and is a contributing editor of the quarterly column
Mediation Matters. She has also served as Co-Editor and contributing author of the ABI's Bankruptcy Mediation Manual. Ms. Berkoff also serves as the
American Bar Association ("ABA") Business Law Section's representative on the Dispute Resolution Advisory Council, and is the Chair of the Dispute Resolution
Committee, the Vice Chair of Programming for the Business Bankruptcy Committee of the Business Law Section and the Vice Chair of the Bankruptcy Study &
Policy Committee. She is a contributing editor for the ABA publication Business Law Today on Dispute Resolution. Ms. Berkoff speaks and writes frequently
on topics concerning both Dispute Resolution and Bankruptcy.
Prior to joining Moritt Hock & Hamroff LLP, Ms. Berkoff served as a law clerk to the Honorable Jerome Feller, United States Bankruptcy Judge in the Eastern
District of New York, from 1991 to 1993 and to the Honorable Allyne R. Ross, Federal Magistrate Judge in the Eastern District of New York, from 1990 to 1991.
31
32. About The Faculty
Ingeuneal C. Gray– GrayI@adr.org
Ingeuneal C. Gray is the Vice President of the Houston regional office for the American Arbitration Association (AAA). In that
role, she interacts with the AAA’s clients who file commercial cases and the panelists who serve as arbitrators and mediators
in the city of Houston and the states of Louisiana and Mississippi.
Ms. Gray is an Attorney-Arbitrator-Mediator with over 20 years of legal experience. Before joining the AAA she ran ICG Law
Firm, PLLC from 2007 to 2015, which focused on business development, transactions and compliance as well as conflict
prevention and alternative dispute resolution in the areas of government contracts, commercial, construction, and
employment-law related matters.
Ms. Gray received her JD degree from Southern Methodist University School of Law and her BA degree from the University
of Houston.
Ms. Gray proudly serves as Co-Chair of the AAA’s Diversity and Inclusion Committee. She is a member of the distinguished
College of the State Bar of Texas as well as an active member on multiple committees with the American Bar Association,
the Texas Bar Association and the Houston Bar Association.
32
33. About The Faculty
Byeongsook Seo – bseo@swlaw.com
Byeongsook Seo is business litigator. He represents individual clients in complex intellectual property and
commercial matters. Byeongsook's clients have sought his guidance in disputes related to failed business ventures
and disputes among business partners, shareholders and directors. He has defended many officers and directors
from lawsuits arising out of their business dealings.
He also represents investors in disputes arising out of their private investments. Many of his cases have involved
hearings regarding extraordinary remedies such as injunctions and receiverships. Byeongsook is experienced in all
aspects of litigation, including trials and appeals, injunction hearings, receivership hearings and arbitrations. He has
been recognized by the Best Lawyers in America, Commercial Litigation, Colorado Super Lawyers, and 5280
Denver’s Top Lawyers.
Byeongsook is active in the community, serving as board member and past president of the APABA Foundation and
as a member of the Judicial Nominating Commission for the 2nd Judicial District. He earned his J.D. from the
University of Denver Sturm College of Law and his B.S. in Engineering Mechanics from the United States Air Force
Academy.
33
34. About The Faculty
Elizabeth J. Shampnoi – elizabeth@shampnoiadr.com
Elizabeth J. Shampnoi is an attorney, consulting expert, independent mediator, arbitrator and trainer based in New York City with 20 years of experience in
the field of alternative dispute resolution.
Ms. Shampnoi’s focus on alternative dispute resolution began early in her career when she served as the District Vice President of the New York region of
the American Arbitration Association. In that role, Ms. Shampnoi was responsible for overseeing case management; mediator and arbitrator recruitment,
training and development; and working with in-counsel counsel and law firms to develop and implement dispute avoidance and dispute resolution programs,
including internal employment dispute resolution plans.
Following her tenure at the American Arbitration Association, Ms. Shampnoi joined a litigation boutique where she represented a diverse range of
organizations and individuals before state and federal courts, administrative agencies, and arbitration forums. Ms. Shampnoi also served as settlement
counsel. Ms. Shampnoi has also served as in-house counsel providing legal advice surrounding employment disputes and commercial matters with an
emphasis on early, internal dispute resolution and cost-effective and strategic dispute management.
In her consulting practice, Ms. Shampnoi serves as an arbitration and mediation consulting expert working with advocates to help guide them through the
dispute resolution process using strategies for successes.
In her dispute resolution practice, she has successfully mediated over 500 commercial and employment disputes involving all areas of discrimination, sexual
harassment, wage and hour, contract, real estate and partnership matters. She has also served as a sole arbitrator and as part of a tribunal in similar
matters. Mr. Shampnoi’s success as a neutral is rooted in the breadth of her experience, ability to build rapport and temperament. Her balanced perspective,
broad experience and insight gained from serving as a business executive, advocate, in-house counsel in a wide variety of settings has been the catalyst for
her success.
34
35. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
35
36.
37. About Financial Poise
37
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