MERCER COUNTY BAR ASSOCIATION XTREME CLE. 2.0 NJ CLE Credits

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1 MERCER COUNTY BAR ASSOCIATION XTREME CLE COURSE TITLE: LOCATION: ADR Update 2.0 NJ CLE Credits The Conference Center at MCCC DATE: Wednesday, October 29, 2014 TIME: 10:00 a.m. 11:45 a.m. SPEAKERS: Louis DeMille, Esq., Craig Hubert, Esq., David R. Cohen, Esq., Mark Bongiovanni, Esq., and William E. Paulus, Esq. 10:00 10:10 Introductions 10:10 10:20 Why ADR (Alternative Dispute Resolution)??? 10:20-10:35 Arbitration 10:35 10:45 Arbitration Alternatives 10:45 10:50 High/Low Agreements 10:50 11:05 Mediation 11:05 11:15 Negotiations :15 11:30 Mediation Process and Procedures 11:30 11:40 Other Techniques 11:40 11:50 One Size Does Not Fit All 11:50 12:00 Questions

2 Mercer County Bar Association Xtreme 2014 CLE Seminar Evaluation ADR Update Wednesday, October 29, 2014 We would greatly appreciate it if you would take a few minutes to complete this questionnaire. These forms are necessary in order to obtain CLE credits. Your feedback will also help with other upcoming events. How did you first become aware of this seminar? MCBA Website MCBA Newsletter Received a registration flyer through the Mail Firm Other: Rate the following aspects of the seminar. Check one box for each aspect: Failed to meet Needs Met Exceeded Expectations Improvement Expectations Expectations Excellent! Overall Quality Written Materials Instructor(s) Facility Rate the content of this seminar: too basic too advanced perfect Would you recommend this seminar to others? : Yes No Yes, with these changes : What did you like most about the seminar? : What part of this seminar could use improvement? Please give us your suggestions for future seminars: Thank you. Please return this form to the MCBA representative after the seminar.

3 Louis J. DeMille, Esq. Mr. DeMille earned his BS in Foreign Service at Georgetown University in 1977, and he earned his JD at the Seton Hall University Law School in He began his legal career as a Law Secretary to Judge H. Jonathan Fox and to Judge J. Wilson Noden in Mercer County. Between September 1981 and October 1988, he worked as an Associate Attorney at the Law Offices of Charles J. Casale, Jr., in the area of general litigation. In October 1988 Mr. DeMille became a Trial Attorney in the General Accident Staff Counsel Program. Mr. DeMille joined Selective in December He was promoted to Senior Trial Attorney in 2001 and Managing Attorney in Mr. DeMille is a member of the New Jersey State Bar Association and the Mercer County Bar Association, where he serves as the Chairman of the Mercer County Arbitration Selection Committee, the Mercer County Civil Best Practices Committee and a member of the Mercer County Civil Bench/Bar Committee. Mr. DeMille is admitted to the Bars in the State of New Jersey, the United States District Court, District of New Jersey and the Supreme Court of the United States. Craig J. Hubert, Esq. Craig J. Hubert is a Partner in the firm and is a member of the five attorney management committee. He is a distinguished trial attorney whose practice focuses on personal injury. He represents clients in complex litigation involving serious accidents, nursing home negligence, product liability, and unsafe premises, as well as victims of criminal acts. He has achieved millions of dollars of compensation for his clients. Craig has been recognized as a Certified Civil Trial Attorney and Certified Criminal Trial Attorney by the New Jersey Supreme Court and has been named a New Jersey Super Lawyer every year since He has received the NJ SuperLawyer designation for ten consecutive years, every single year that the distinction has been given. The award is given after a rigorous selection process that includes both professional achievement and peer recognition. Craig has also been selected through a diligent process involving endorsement from peer attorneys as one of the Best Lawyers in America for three consecutive years, Craig was elected President of the Mercer County Bar Association in In 2004, the Mercer County American Inn of Court named Craig Attorney of the Year, for his efforts in advancing the fundamental tenets of ethics and civility in the legal profession. Prior to private practice, Craig held positions as Law Clerk for Mercer County Superior Court Civil Presiding Judge Honorable Neil H. Shuster and trial attorney for the Mercer County Prosecutor s Office. He has argued two cases before the New Jersey Supreme Court and has handled numerous matters in the Appellate Division as well as in the Federal District and 3rd Circuit courts. He is the current Municipal Prosecutor for Pennington Borough, Plainsboro Township and Cranbury Township. Craig received his Juris Doctor from Seton Hall University School of Law and his B.A. from the University of Wisconsin.

4 David R. Cohen, Esq. David R. Cohen is a Shareholder in Stark & Stark s Accident & Personal Injury Group and Chair of the firm s Nursing Home Litigation Group. Mr. Cohen concentrates his practice in nursing home negligence and abuse claims, elder abuse and assisted living facility litigation. Mr. Cohen is certified by the Supreme Court of New Jersey as a Certified Civil Trial Attorney. Mr. Cohen is a past chair of the American Association for Justice s Nursing Home Litigation Group and a frequent lecturer and writer throughout the country on litigating nursing home abuse cases. Mr. Cohen is a former member of the Minority Concerns Committee of Mercer County Vicinage. Mr. Cohen has served as faculty for the New Jersey Institute for Continuing Legal Education (ICLE) on Nursing Home Malpractice in New Jersey every year from 2001 through He also lectured on this topic at The College of New Jersey, the National Business Institute (NBI). Mr. Cohen has also lectured extensively on attorney review of medical records for NBI, American Association for Justice, New Jersey Association for Justice and the Institute for Continuing Legal Education. He has guest lectured at Rutgers University, State College of New Jersey, Rider University and served as advisor for the Hunter Advanced Moot Court Team. His recent lectures to attorneys on protecting the rights of institutional healthcare residents have taken him to San Francisco, Washington D.C., Las Vegas, Vancouver, New York, Tennessee, Washington State and many other parts of the country. Mark Bongiovanni, Esq. Mark Bongiovanni is a graduate of Montclair State College and The Thomas M. Cooley Law School in Lansing, Michigan. Mr. Bongiovanni joined the Law firm of Leary, Bride, Tinker & Moran in 1988 and is currently serving as its Managing Partner. He has an extensive case load, including multi-party construction defect, insurance coverage and complex liability involving serious injury, death and property damage claims. He has litigated, through trial, many cases in the New Jersey Superior Courts, the New Jersey District Court for the District of New Jersey and before the Arbitration Association (Construction Division). Mr. Bongiovanni has had a number of Appeals before the New Jersey Supreme Court and the Third Circuit Court of Appeals and has had numerous published (and unpublished) decisions. Mr. Bongiovanni is a Board Certified Civil Trial Attorney, having been certified by the Supreme Court of New Jersey; rated "AV Preeminent" in Construction and Insurance Law by Martindale Hubble. He is also a member of the New Jersey State Bar Association; Middlesex County and Mercer County Bar Associations; Middlesex County Trial Lawyers Association; Trial Attorneys of New Jersey; and former Chair of District X Free Arbitration Committee. Mr. Bongiovanni gives seminars to clients of his firm and attorneys regarding contractual defense and indemnification issues, as well as developments in insurance coverage law.

5 William E. Paulus Mr. Paulus is a Senior Litigation Attorney who graduated Magna cum laude from Fordham University with a double major in History and Philosophy. He graduated from the San Francisco School of Law in 1988 and was admitted to the New Jersey Bar and the U.S. District Court that same year. Mr. Paulus began his law career as an associate with the firm of Garruto, Galex & Cantor. He has worked as a Trial Attorney for Continental Insurance Company and CNA Insurance Companies. Mr. Paulus concentrations include environmental law and defense of condo associations. Member : ATLA , New Jersey Defense Association 1995-; Middlesex County Bar Association, 1988-; Arbitrator: State of New Jersey, ;

6 Louis J. DeMille, Jr., Esq. Craig J. Hubert, Esq. David R. Cohen, Esq. Mark Bongiovanni, Esq. William E. Paulus, Esq. Alternate Dispute Resolution: Tools, Tactics and Techniques

7 The methods and processes involved in facilitating a peaceful end of conflict absent a jury trial.

8 Challenge Conventional Wisdom Proactive Approach Favorable Resolution

9 Tools for Alternate Dispute Resolution

10 Tools for Alternate Dispute Resolution Negotiations (Telephone- Face to Face) Arbitration (Non-Binding/ Binding) High-Low Agreements Mediation

11 Driving Success or Asleep at the Wheel? Why be Proactive? Resolution In A Timely Fashion Early Resolution Reduces Litigation Anxiety Witness Testimony Within Agreed Upon Time Frame Reduce Pending/Backlogs Reduce Case Cycle Time

12 Arbitration Final Disposition Assign liability amongst multiple co-defendants even after settling with claimant. Avoid unpredictable venues. Resolve coverage disputes. Avoid costly production of experts Gain control over calendar

13 Arbitration Format Non-Binding vs. Binding Single Arbitrator vs. Three-Man Panel Baseball Arbitration Compulsory Arbitration Clause (Recent Court Decision) Binding Mediation (Mediate in attempt to resolve but if unsuccessful then Mediator becomes Arbitrator)

14 High/Low Agreements Before trial or before arbitration. Be sure it is in writing or on the record. Waive appeals and pre/post judgment interest. Confidentiality. Can continue negotiations.

15 Mediation Process and Procedures Decide whether and when to mediate a case. Choose the right mediator for the case. Pre-mediation strategy. Establish Goals (Interim vs. End Game) Remember: This can also be a fact finding mission!

16 Mediation Be prepared. Listen, listen, listen! Keep an open mind regarding strengths and weakness of your case. Be flexible. Maintain composure and professionalism. Do not make it adversarial.

17 Mediation The importance of an opening statement.

18 Mediation The Negotiations Chess Match Most negotiators think 2 steps ahead. Need to expand your strategy 3-4 steps ahead.

19 Funneling Negotiation technique in which each consecutive offer is extended in decreasing increments towards your target number. Example: $30,000 target number.

20 Funneling Initial Offer: $20K $25,000 $28,000 $28,500 $30K Initial Demand: cushion $75K $50,000 $40,000 $35,000 $30K cushion

21 Avoid Round Numbers Full Value of Injury: $40,000-50,000 P/S: $35,000 Lien: 1,842 Wages: 4,373 Offer: 41,215

22 Silence The deafening power of silence

23 Non-Verbal Cues ACTIONS SPEAK LOUDER THAN WORDS

24 Other Techniques Bullying Attack of experts Anchoring Additional Surgery

25 Other Techniques Bracket Technique Bucket Technique

26 Mediation Always be professional. Use a negotiation approach that works for you. Read your adversary. Do not let time constraints negatively affect outcome. Try to leave adversarial nature at the door. If case settles, get signed settlement agreement.

27 Tools/Techniques REMEMBER! One Size Does NOT Fit All

28 Mission Accomplished

29 Any Questions?