Negotiation and Mediation Skills in Mergers and Acquisitions Cases (8/24/23 and 8/25/23)

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- Member - $750
- CLE Advantage - $750
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At the core of successful mediation is negotiation and this course concentrates on negotiation strategy as well as mediation theory and practice. Mediation has become woven into the fabric of today’s litigation and clients want their lawyers to be expert at negotiation and mediation. This presentation will improve existing skills and demonstrate cutting edge theory on negotiation and mediation.

Program Schedule

Thursday, August 24, 2023 (6.75 IL PR MCLE Credit)

8:00-8:30 Registration & Continental Breakfast.

8:30 – 8:40 Welcome & Introduction of the Program

Judge Thomas Mulroy (Ret.), Resolute Systems

8:40-9:10 Common Elements of Successful Negotiation in M&A Cases
Negotiate interests instead of positions. How to define and recognize a successful negotiation. The concept of "the best alternative to a negotiated agreement." Maintain good relationships in a negotiation and avoid “personalization.” Should one involve a third party in the negotiation in order to avoid stalemates? The strategies and issues raised by three party negotiation, conflicts, and ethical problems. Hard v. soft negotiating and the advantages of each. How to avoid “haggling” and deal with difficult personalities.

Michael Lehrman, Partner, Baker McKenzie LLP

9:10-9:40 Mediator’s Use of Negotiation Strategies
The concept of splitting the difference and how to do it. Strategies for success, including full and open disclosure of information. It is so important but so rare for the parties to "listen" in negotiation and active listening is an art. Setting your anchor and its importance. The impact of the physical space on the success of a negotiation. Identification of traits which people have when negotiating, such as: problem solving; compromise; winner; avoidance of conflict. How to maintain good relationships for the future and still keep the negotiation on track.

Judge Thomas Mulroy (Ret.), Resolute Systems

9:40-10:10 Maintain Good Relationships in Negotiation
Analyze how to respond to each person involved and tactic used in the negotiation, keeping the negotiation on track by adhering to the substance and avoiding the personal. Issues raised by three party negotiations.

Howard Suskin, Partner, Jenner & Block

10:10-10:40 Negotiating with the “Hard Bargainer”
The “hard bargainer” is the difficult opponent who is rude, threating, uncompromising, and aggressive. He/she insists you give up points with no response by him/her. Dealing with his/her constant threats of leaving the negotiation. Is “hard bargaining” effective as a negotiating strategy?

Judge Thomas Mulroy (Ret.), Resolute Systems

10:40-10:50 BREAK

10:50-11:20 Special Problems and Best Practices for Zoom Mediating and Negotiating
Zoom remains a presence in mediation and negotiation but presents certain unique issues which will be discussed. There are good practices in using Zoom which will improve the negotiation and poor practices which will not.

Judge James Holderman (Ret.), JAMS Mediation & Neutral Analysis
Thomas R. Mulroy III, Salvi Schostok & Pritchard

11:20-11:50 Mediation: The Process which leads to Success
Each mediator must have his/her own process or system which is used in mediation. In a M&A matter that process must be carefully explained to the parties at the beginning of the sessions. A good mediator does far more than merely exchange numbers. How to diffuse bad feelings of the parties to avoid stalemate; what to do when the mediation begins to fail; summary of negotiation strategies and how to apply them in mediation to be a more effective; arbitration distinguished from mediation-similarities and differences.

J. Timothy Eaton, Partner, Taft

11:50-12:20 The Traits of a Successful Mediator and How to Find One
Using negotiation techniques to be a successful mediator; essential qualities and traits of a successful mediator; whether presenting an opening statement by the mediator is necessary, what are the points and substance of an opening statement, and what the opening will achieve?

Steven P. Blonder, Principal, Much Shelist, P.C.
Greta G. Weathersby, Senior Corporate Counsel, WEC Energy Group, Business Services

12:20-1:20 LUNCH

1:20–2:05 Mock Mediation in an M&A Case

Laurel Bellows, The Bellows Law Group, P.C.
Ashley Rafael, General Counsel, Midway Moving & Storage
Gerald Saltarelli, Saltarelli ADR
John Sciaccotta, Member, Aronberg Goldgehn
Greta G. Weathersby, Senior Corporate Counsel, WEC Energy Group, Business Services

The presenters will demonstrate a mediation in a Merger & Acquisition matter and show different tactics and strategies.

2:05-2:40 Discussion & Explanation of the Mock Mediation Tactics

2:40-3:10 How to Manage an M&A Mediation
Defusing bad feeling to avoid stalemate; what to do when the mediation begins to fail; summary of issues presented which will lead to derailment of the negotiation; specific issues in the M&A mediation which can lead to stalemate.
Judge Thomas Mulroy (Ret.), Resolute Systems

3:10-3:40 Dispute Resolution in the M&A Context
Essential qualities and qualifications of the successful mediator; prehearing submission requirements in the M&A case; opening statements by the parties.

Jerry Holisky, Member, Aronberg Goldgehn

3:40-4:10 Ethics and the Attorney Client Privilege in M&A Mediations
Disclosures; use of documents submitted to the mediator and used in the mediation; protecting clients’ privileges in the mediation.

Robert Byman, Former Partner, Jenner & Block

4:10-4:40 Special Traits of the Mediator
Communication with the parties; identification of biases, which will interfere with the mediator’s judgment and strategies; cultural differences and their impact in a negotiation and on the mediator.

Laurel Bellows, The Bellows Law Group, P.C.

Friday, August 25, 2023 (3.00 IL PR-MCLE Credit)

8:00-8:30 Continental Breakfast

8:30-8:35 Summary of Program & Introduction to the Session

Judge Thomas Mulroy (Ret.), Resolute Systems

8:35-9:05 Preparation for the M&A Mediation
The mediator’s organization and review of documents; the process a mediator should consider in M&A cases; use of documents and testimony in the mediation; debating legal theories with the participants.

Mitchell L. Marinello, Armstrong Teasdale LLP
John Sciaccotta, Member, Aronberg Goldgehn

9:05-11:20 Mock Mediation & Negotiation in an M&A Case by Participants
3 rounds, 45 minutes per round
Participants conduct a mock negotiation and then a mock mediation in an M&A Case. Thereafter, a discussion is held about the results.

Coaches:
•   Laurel Bellows, The Bellows Law Group, P.C.
• Steven P. Blonder, Principal, Much Shelist, P.C.
• Robert Byman, Former Partner, Jenner & Block
•   Judge James Holderman (Ret.), JAMS Mediation & Neutral Analysis
•   Thomas R. Mulroy III, Salvi Schostok & Pritchard
•   Ashley Rafael, General Counsel, Midway Moving & Storage
•   Gerald Saltarelli, Saltarelli ADR
•   John Sciaccotta, Member, Aronberg Goldgehn
• Marta Stein, STEIN Strategic Solutions, LLC
•   Vince R. Vidmer, The Law Office of Vincent R. Vidmer

11:20-11:30 Closing Remarks

When: August 24, 2023, 8:00 am-4:40 pm and August 25, 2023, 8:00-11:30 am

Where: Chicago Bar Association, 321 S. Plymouth Court, Chicago, IL 60604

Cost: $750 CBA CLE Advantage Plan Member & Law Student/$750 Member/$750 Nonmember

Credit: 9.75 IL PR MCLE Credit

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Live CBA Committee meetings and seminars will take place via Zoom webinar. You will click on "view video" and be directly connected to the meeting/seminar on Zoom. (You will not receive a Zoom link.)

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Please note that audience members do not need video or audio access. Audience members are able to submit questions via the chat or Q & A features of Zoom.

Chat: Open in-meeting chat, allowing you to send chat messages to and send a message to the host, panelists, and attendees (if permitted). Question & Answer: Open the Q&A window, allowing you to ask questions to the host and panelists. They can either reply back to you via text in the Q&A window or answer your question live.