The Alternative Dispute Resolution Section of the State Bar of Michigan will continue its Virtual 2025 ADR Spring Series with a look at “IMPASSE” online Thursday, May 15, from 9 a.m. to 1 p.m.
Speaking at the online program will be Peter Robinson, Professor Emeritus Straus, Caruso School of Law, Pepperdine. This half day program will provide opportunities to discuss the following concepts and techniques that affect our outlook and execution of IMPASSE:
• Defining mediator success
• The tension between neutrality and fairness
• Informed decision making as to process and outcome
• Assessing the extent a settlement proposal meets enough of their underlying interests
• BATNA/WATNA/MLANTA
• Gerry Williams’s research documenting Attorney Overconfidence and the mediator’s role as Agent/Angel of reality: confronting after having been empathetic
• Loss aversion and Golann’s suggestion of mediators as grief counselors
• Emphasizing costs and risks including net to client analysis to motivate plaintiffs and Randy Kiser’s research to motivate defendants
• Ethical issues when using the hypothetical offer and the negotiated mediator’s proposal techniques
• Brackets.
For additional information on the program, visit https://connect.michbar.org/adr/home.
Speaking at the online program will be Peter Robinson, Professor Emeritus Straus, Caruso School of Law, Pepperdine. This half day program will provide opportunities to discuss the following concepts and techniques that affect our outlook and execution of IMPASSE:
• Defining mediator success
• The tension between neutrality and fairness
• Informed decision making as to process and outcome
• Assessing the extent a settlement proposal meets enough of their underlying interests
• BATNA/WATNA/MLANTA
• Gerry Williams’s research documenting Attorney Overconfidence and the mediator’s role as Agent/Angel of reality: confronting after having been empathetic
• Loss aversion and Golann’s suggestion of mediators as grief counselors
• Emphasizing costs and risks including net to client analysis to motivate plaintiffs and Randy Kiser’s research to motivate defendants
• Ethical issues when using the hypothetical offer and the negotiated mediator’s proposal techniques
• Brackets.
For additional information on the program, visit https://connect.michbar.org/adr/home.




