Negotiation, Mediation, and Conflict Presented by the ISBA Litigation Section Wednesday, December 3, 2025
9:00 – 11:00 a.m. ET 2 hr. CLE About the event This program explores the intersection of ethics and advocacy in negotiation, litigation, and mediation, challenging lawyers to examine whether their instincts and “common sense” align with professional obligations to clients, courts, and colleagues. Participants will analyze ethical issues such as influence, truthfulness, and client disagreements, while also learning how trust, listening, and apologies can strengthen credibility and effectiveness. Drawing on frameworks like Maister’s trust equation and the four types of listening, the session equips attorneys with practical tools to navigate both the ethical and human dimensions of practice.
Speaker:
Sam Ardery
Agenda:
9:00 a.m. – 10:00 a.m.
So you think you are mediating, negotiating, and advocating ethically? Think again.
1. The ethics of gifts and influence
2. Recognizing lies and misrepresentations
3. Navigating disagreements with clients
4. Duties as an officer of the court
10:00 a.m. – 11:00 a.m.
Trust, Listening, and Apologies—the heart of mediation, litigation, and negotiation.
1. Trust: both chosen and earned
2. Maister’s trust equation
3. The four kinds of listening: Learning, Understanding, Fixing, Radical
4. The structure of true apologies (and why most fail)
Who might enjoy this
This presentation will be of interest to legal professionals who practice litigation, ADR, and family law. Pricing Law Students: Free
Litigation Section Members: Free
ISBA Members: $15
Non-Members: $30 Program link
Please register (using the button at the top of the page) to receive the program link, which will be included in your registration confirmation email.
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