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Mediator Selection Beyond the Usual Suspects: 'Mediation Insights' Part 1

Monday, November 17, 2025
12:00 PM - 1:00 PM (EST)

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Event Details

Mediation Insights: Strategies for Success for In-House Counsel, Outside Counsel, and Mediators
CPR Institute's Mediation Committee presents this multi-part series, free to all CPR Institute Members, CPR Neutrals, and LCLD Fellows. Non-members registration is $49.00. 
Please make sure to register in advance.

Note: This event offers CLE Credit.
Read below for additional information.

Effective mediation takes more than process—it requires strategy. This series will bring together leading neutrals and experienced counsel to explore what drives results at every stage of mediation. Participants will gain insight on selecting the right mediator, fostering collaboration, making smart negotiation moves, and closing deals with clarity and confidence.
Designed for in-house and outside counsel and the mediators who work with them, this series will focus on practical tools you can put to work immediately.
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Part 1: Mediator Selection Beyond the Usual Suspects 

Moderators:
  • Steve Bierman, Mediator, Arbitrator, and Mediation Committee Co-Chair, Bierman ADR
  • Sarah McAfee, Lead Counsel of Product Litigation, General Motors
Panelists: 

This initial session will explore navigation of mediation selection, including: 

  • What qualities, experience, and intangibles should counsel look for?
  • If interviewing mediators for selection, what questions should counsel ask?
  • When reviewing mediator resumes, are there any “tells”? 
  • If selection is case-dependent, what case factors should counsel consider? How do those factors affect the selection process?
  • How to use the CPR DRS website for selection?
CLE Credit:
The organizers expect to receive approval for 1 NY CLE credit* in Professional Practice for experienced attorneys. (Please note: CLE credit is only available to those that attend the live webinar.)
*NY CLE: CPR (International Institute for Conflict Prevention & Resolution) has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. This continuing legal education course has been approved in accordance with the requirements of the New York State CLE Rules and Regulations for credits as indicated above.

Questions?
Contact Micah Seigel at mseigel@cpradr.org with any questions or to obtain assistance registering.

Read below for information about upcoming events in this series. Please note that dates and speakers for these events have not yet been announced. Please check back on this page for more information and look for email updates.

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Upcoming Events in this Series

Part 2: From Adversarial to Collaborative: Leveraging the Mediator as a Negotiation Coach

This session explores the shift from a combative litigation posture to a collaborative mediation mindset and how to use the mediator to support that transition.

  • How pre‑mediation conferences and preparation set expectations and build trust
  • How the mindset shift changes mediation submissions, opening offers, and responses
  • Using the mediator as a negotiation coach to shape strategy throughout the day
  • Practical frameworks for aligning advocacy with settlement goals, not trial narratives

 

Part 3: The Nuts and Bolts of Distributive Bargaining

Once the pie is defined, this program focuses on how to divide it effectively using disciplined distributive bargaining tools.

  • Crafting opening offers, setting a credible range, and resisting anchoring by extreme positions
  • The role of the midpoint in planning concession strategies (and its limits)
  • Designing and interpreting brackets to signal movement without over‑committing
  • Using the mediator to read bargaining dynamics and test hypotheses safely

 

Part 4: Closing the Deal, Beyond the Numbers

Explore the non‑monetary levers and standard terms that make or break settlements, and how to move efficiently from handshake to paper.

  • Identifying and prioritizing non‑monetary terms (especially where relationships continue)
  • Calibrating “typical” provisions—releases, indemnification, confidentiality, non‑disparagement, and more
  • Converting an oral understanding into a clear term sheet, then into final documents
  • Avoiding drafting pitfalls, sequencing decisions, and managing last‑mile risk

For More Information:

Micah Seigel
Micah Seigel
Manager, Programming & Membership CPR Institute
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