+353-1-416-8900REST OF WORLD
+44-20-3973-8888REST OF WORLD
1-917-300-0470EAST COAST U.S
1-800-526-8630U.S. (TOLL FREE)

Strategies for Success When Trying & Negotiating Employment Cases

  • Training

  • 3 Hours
  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5990330

Strategies and pitfalls for planning and presenting your case in court, at arbitration, and in mediation

The fight is on! Learn tactics to give your clients their best shot at prevailing in an employment case. Whether your employment case is “tried” before a judge, jury, or arbitrator, or is brought to mediation - there are basic “dos and don’ts” for advocates resolving a dispute.

With the increasing prevalence of forced arbitration clauses, employment cases are often tried by an arbitrator, while other cases proceed to traditional jury trials. As the majority of employment cases settle short of trial, however, most never see a courtroom jury or arbitration hearing - but instead are negotiated or mediated.

How do you prepare a case in the early stages to best mobilize for court or arbitration? How do you determine if a case is primed for settlement? If given the choice, would it be better to have a jury trial or arbitrate before a neutral? What are the similarities and differences in strategies and approaches between trying a case in court versus arbitration?

Hear from seasoned litigators providing both plaintiff’s-side and management-side perspectives, as well as an experienced Superior Court judge turned mediator and arbitrator. The panel shares best practices in how to plan and present your case and provides practical tips on avoiding common pitfalls in each of these venues.

Course Content

9:30 - 9:35 am
Welcome and Introduction

David E. Belfort, Esq.,
Bennett & Belfort, PC, Cambridge

9:35 - 9:55 am
Preparing for Mediation

Timing and logistics; Selecting a good neutral; Tips on the mediation memo and how to present your case to a mediator to obtain the best settlement for your client

David E. Belfort, Esq.,
Bennett & Belfort, PC, Cambridge

Lynn A. Kappelman, Esq.,
Seyfarth Shaw LLP, Boston

Hon. Bonnie H. MacLeod,
Superior Court, Commonwealth of Massachusetts (Ret.); JAMS, Boston

Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

9:55 - 10:15 am
Pros and Cons of Arbitration

Cost-benefit of less delay versus potentially lower damages; Selecting a good arbitrator; Tips for presenting your case at a hearing without a jury and through proposed fact findings and conclusions of law

David E. Belfort, Esq.,
Bennett & Belfort, PC, Cambridge

Lynn A. Kappelman, Esq.,
Seyfarth Shaw LLP, Boston

Hon. Bonnie H. MacLeod,
Superior Court, Commonwealth of Massachusetts (Ret.); JAMS, Boston

Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

10:15 - 10:45 am
Preparing for Trial

Courtroom logistics and getting to know the judge; Preparing your client’s story for a jury; Use of witnesses and experts; Use of chalks and other visuals; Arguing legal issues through motions in limine, trial memos, and jury instructions

David E. Belfort, Esq.,
Bennett & Belfort, PC, Cambridge

Lynn A. Kappelman, Esq.,
Seyfarth Shaw LLP, Boston

Hon. Bonnie H. MacLeod,
Superior Court, Commonwealth of Massachusetts (Ret.); JAMS, Boston

Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

10:45 - 11:25 am
Top Ten Dos and Don’ts for Mediation, Arbitration, and Trial

David E. Belfort, Esq.,
Bennett & Belfort, PC, Cambridge

Lynn A. Kappelman, Esq.,
Seyfarth Shaw LLP, Boston

Hon. Bonnie H. MacLeod,
Superior Court, Commonwealth of Massachusetts (Ret.); JAMS, Boston

Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

11:25 - 11:30 am
'Ask the Experts' Q&A Session and Key Takeaways

Panel

Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speaker(s)

Cochairs

David E. Belfort, Esq.,
Bennett & Belfort, PC, Cambridge

Monica R. Shah, Esq.,
Zalkind, Duncan & Bernstein LLP, Boston

Faculty

Lynn A. Kappelman, Esq.,
Seyfarth Shaw LLP, Boston

Hon. Bonnie H. MacLeod,
Superior Court, Commonwealth of Massachusetts (Ret.); JAMS, Boston