March 07, 2017 06:00 PM - March 07, 2017 08:00 PM
Mediation Clinic: Preparing Your Client, Yourself and The Mediators

Mediation Clinic: Preparing Your Client, Yourself &The Mediators
A Road Map of Practice Pointers for Attorneys & Mediators

The courts of California are overwhelmed with cases awaiting trial. Mediation has become the most recognized and accepted alternative to trial. Many real estate and commercial contracts require the parties to attempt mediation before resorting to arbitration or litigation.

Mediation can be a ‘win-win’ process, but only when disputants, lawyers and mediators are well prepared, knowledgeable about process and sensitive to ethnic and cultural diversity.

Malcolm will discuss and provide proven techniques on how lawyers can best prepare their clients, themselves and the mediator for a “win-win” outcome, covering key topics like:

  • Goals and expectations, needs and interests
  • Developing “Settlement Scenarios”
  • Dealing with liens and attorney fees
  • Recognizing key players, including CEOs adjusters and other “stakeholders”
  • Choosing and then educating the mediator
  • The pros, cons and contents of good mediation briefs
  • Anticipating language in the Settlement Agreement
  • The impact of culture on negotiations

Malcolm Sher

Malcolm has 40+ years’ experience as a successful litigator, trial lawyer, mediator, arbitrator and neutral evaluator in a wide range of business, commercial, employment, and real estate disputes.

Malcolm also has an extensive mediation and arbitration training background, including work at Pepperdine University’s Straus Institute for Dispute Resolution, The Harvard Negotiating Project, American Arbitration Association and the State Bar of California.

Malcolm is a member of the State Bar Executive Committee on Alternative Dispute Resolution. He is a full-time private neutral, serves as a Settlement Conference Officer for San Francisco Superior Court, a Settlement Mentor for Contra Costa Superior Court and as a panelist on the ADR programs of several Bay Area courts. You can learn more about Malcolm here:

MCLE: Course approved by the State Bar of California for 2 MCLE credits (provider #9323). $20 processing fee required. Click for MCLE payment.
This mediation clinic is one in a series of monthly clinics sponsored by Community Boards (
JAMS, 2 Embarcadero Center, 15th Floor, San Francisco, CA 94111