The California Association of Legal Document Assistants Presents

Expanding Your LDA Practice: Divorce Mediation Training

Continuing Education Credits: 15 hours
Ethics Credit: 2 hours (included in the 15)
Dates of Trainings: June 2-3, 2017 at the Four Points by Sheraton LAX

This 2 day hands on mediation workshop is ideal for those of you who took the first mediation training and want to hone your skills, but also perfect for those of you who want to explore how to grow your business by adding Divorce Mediation to your menu of services. You will gain practical knowledge and develop new skills as you work in small groups to integrate what you are learning. And YES!  Laura McGee J.D. is back. Laura has over 300 hours of training as a mediator, facilitates over 50 mediations a year, and she trains, and mentors those who want to grow their practice to become mediators.

Agenda

Introduction:

Mediation Models and How to Integrate Mediation with your LDA Practice
Ethical Issues You Must Address as an LDA and Mediator
Mediation Confidentiality and its value to your clients
Neutrality Explained and Explored
Managing your bias as Mediator

Breaking Down the Mediation Process:

How to get hired as a Mediator
5 Phases of Mediation and when and how to move to the next phases
Your Mediation Contract: Is it solid?
Use of a “Topics List” to define the issues the parties’ must address before they are done

Role Play of Phase One of the Mediation Process

Information gathering

Who will do the disclosures?
Efficient methods for obtaining disclosure
Use of experts and when to insist
What to do if you suspect clients are not operating with full disclosure?

Facilitating the Client’s Negotiations

How to teach your clients how to make and respond to proposals
How to give Information v. Advice
Managing the emotionally charged environment
More ethical considerations

Mock Mediation Session #1: Parent Planning

Keeping the Process in Motion

What to do with a client who is using mediation to drag out the process
How to build consensus from one mediation session to the next
Helping clients to get what they want even if it’s not what a court would do
Mock Mediation Session #2: Allocating Assets (Each group with have the same facts and each group will same what deal they helped broker so we can see all the possible deals that were made)

Unusual “assets”

Don’t forget the “Grey Divorce” may have special considerations such as:
Allocation of who will get to use the prop 60/90
Social Security Benefits
Community paid for life insurance, even if it’s term
Community paid for disability

Mediating the Subjective: Long Term Spousal Support

Tools for helping clients come up with their own long term spousal support number

What to do about: duration, new romantic partners, proof receiving spouse is making best efforts to work, illness, retirement, adult children who live at home while in school, and other complex issues

Mock Mediation #3: Long Term Spousal Support (Each group with have the same facts and each group will same what deal they helped broker so we can see all the possible deals that were made)

Finalizing the Process

Drafting the MSA: Template or not?
QDRO’s and Retirement Plans: Making sure your MSA has sufficient instructions
Legal and Ethical issues: Does your MSA also protect you?
Independent Attorney Review
What to keep what to shred?
Closing letter to clients
Getting a testimonial

Marketing Yourself as Mediator
Tips and tools for cost-effective marketing
Building your network of reliable professionals
What and how to bill for your services: A La Carte v. Flat Fee

Closing remarks and Evaluations