Advanced Negotiation Strategies for Lawyers - ON-DEMAND

This is the ON-DEMAND webinar. The LIVE zoom was offered on 11/16/2023. You will earn 4 hours North Carolina CLE, including 1 hour of ethics.

The Mediation Center is an approved CLE sponsor under the regulations promulgated by the North Carolina State Bar Board of Continuing Legal Education.

9:00am - 10:00am: Truthfulness, Candor, Communication and Conflicts: Ethics in Negotiation Presenter: Sharon Tracey Barrett

The Rules of Professional Conduct govern attorneys in negotiation, and lawyers must always stay on the correct side of each of these requirements. This session will discuss the rules that apply to North Carolina lawyers and explain, in real-world terms, what conduct is permissible — and what is prohibited — as a lawyer negotiates. Topics will include the ethical requirements to be truthful, to show candor to tribunals, and the lawyer’s duties in communications with clients, opposing counsel, and unrepresented parties.

10:00am - 10:10am: Break

10:10am - 11:10am - The Mechanics of Negotiation: Strategies and Practice Tips - Part 1. Presenters: Sharon Tracey Barrett and Sabrina Rockoff.

Effective negotiators prepare for and manage the negotiation process, considering all factors that impact the end result. This session shares strategies important to all negotiators, beginning with specific ways negotiators can collect key information and analyze the dispute so that they are ready from the start. Next, strategies useful during negotiations are discussed, including: establishing an acceptable settlement range, reading your opponent’s moves, uncovering hidden agendas, managing multi-issue negotiations, dealing with posturing, puffing and bluffing by your opponents, and employing bracketing and logrolling strategies. Topics will also include tips for dealing with difficult people and breaking through impasse.

11:10am - 11:20am - Break

11:20am - 12:20pm The Mechanics of Negotiation: Strategies and Practice Tips - Part 2 Presenters: Sharon Tracey Barrett and Sabrina Rockoff.

12:20pm - 12:30pm - Break

12:30pm - 1:30pm: Get It in Writing: Drafting the Negotiated Agreement Presenter: Murphy Horne Fletcher.

Using case law guidance and specific sample clauses, set out the key terms of a binding settlement agreement, emphasizing errors to avoid and drafting techniques that assure clarity. The program will emphasize careful drafting of the scope of release, confidentiality provisions, identification of necessary signatories, and special rules for various types of settlements.

PRESENTERS

Sharon Tracey Barrett is a retired Superior Court Judge and a former Buncombe County District Court Judge. She currently serves as an Associate Judge and Justice for the Eastern Band of Cherokee Indians and as an Emergency Superior Court Judge. Through a practice called Barrett Resolutions, Sharon works as a mediator and arbitrator. She is a member of the North Carolina Chapter of the National Academy of Distinguished Neutrals. She graduated cum laude from Boston College in 1983 and received her J.D. degree from Georgetown University Law Center in 1986. She practiced law in Asheville for nineteen years, focusing primarily on civil litigation, until she became a judge in 2005. She was President of the Buncombe County Bar from 2002-2003 and served for many years on the board of directors of The Mediation Center.

Murphy Horne Fletcher is an Asheville based attorney who focuses on helping businesses navigate state and federal regulatory issues in the areas of employment and tax. Murphy advises employers on human resources issues; drafts employment policies and agreements; represents businesses before government agencies and in state and federal court; and assists in the preparation and administration of employee benefit programs. In addition to human resources issues, Murphy helps employers navigate state and federal tax issues, including representing businesses before the Internal Revenue Service and the North Carolina Department of Revenue. She also assists employers with developing and maintaining employee benefit plans that are compliant with federal and state law.

Sabrina Rockoff is the Managing Partner of the McGuire, Wood & Bissette law firm in Asheville. A double Tar Heel, she graduated from UNC Law School in 2002 and UNC-Chapel Hill in 1999. Her practice areas include employment law and litigation,, advising clients on difficult employee situations and conducting complex workplace investigations. Sabrina practiced with a large international law firm for 10 years before returning to her hometown. She is among the Legal Elite recognized by Business North Carolina Magazine, as well as the Super Lawyers® from 2011 through 2021 for Employment law. Sabrina is involved in many community activities including serving on the board for the Mediation Center.

Please find our refund/cancellation policy here.

All registration fees benefit The Mediation Center.