Tracks
Wednesday, November 29, 2023
Overcoming Bias in Complex Decision Making and Negotiations
Human decision-making exhibits systematic simplifications, or unconscious decisional shortcuts, that can lead to the formation of cognitive biases. If you are human, you have cognitive biases. The key to managing those biases is to remove them as much as possible from our unconscious minds and bring them into the light. When we realize that we have a tendency toward certain thoughts or actions, we can make a judgment as to whether a particular response to a situation is positive or negative and act accordingly. Once examined, these biases will play a greatly diminished role in our complex decision making and negotiations and lead the way to more accurate, just, and ethical outcomes.
Human decision-making exhibits systematic simplifications, or unconscious decisional shortcuts, that can lead to the formation of cognitive biases. If you are human, you have cognitive biases. The key to managing those biases is to remove them as much as possible from our unconscious minds and bring them into the light. When we realize that we have a tendency toward certain thoughts or actions, we can make a judgment as to whether a particular response to a situation is positive or negative and act accordingly. Once examined, these biases will play a greatly diminished role in our complex decision making and negotiations and lead the way to more accurate, just, and ethical outcomes.
Talkin' 'bout My Generation: Strategies for Effective Negotiations with Millennial and Gen Z Plaintiffs and Claimants
This session will provide helpful insight into negotiation strategies that can be used with various generations of plaintiffs and claimants. Panelists will compare and contrast traditional methods of negotiations that may work well with Baby Boomers and Gen X but may not be the most effective with younger generations. Drawing from their varied and substantial experience, panelists will offer their perspectives on the generational differences in communication, priorities, and beliefs that warrant not only examination, but adaptation of negotiation strategies. Attendees will leave inspired to tackle their next negotiation with creativity, mindfulness, and generational awareness to achieve swift and beneficial resolutions.
This session will provide helpful insight into negotiation strategies that can be used with various generations of plaintiffs and claimants. Panelists will compare and contrast traditional methods of negotiations that may work well with Baby Boomers and Gen X but may not be the most effective with younger generations. Drawing from their varied and substantial experience, panelists will offer their perspectives on the generational differences in communication, priorities, and beliefs that warrant not only examination, but adaptation of negotiation strategies. Attendees will leave inspired to tackle their next negotiation with creativity, mindfulness, and generational awareness to achieve swift and beneficial resolutions.
Virtual Mediation = Real Life Headache? Successfully Navigating Virtual Mediation
After the pandemic moved all mediations/ADR online, will we ever return to in-person mediation? Expert panelists will look at navigating complex cases and assessing mediation, offer strategies for successful mediation using virtual tools and explore the positives, negatives, and future for mediation/ADR in both the virtual and in-person contexts.
This session does not qualify for CE credit in Texas.
After the pandemic moved all mediations/ADR online, will we ever return to in-person mediation? Expert panelists will look at navigating complex cases and assessing mediation, offer strategies for successful mediation using virtual tools and explore the positives, negatives, and future for mediation/ADR in both the virtual and in-person contexts.
This session does not qualify for CE credit in Texas.
Mediation Matters: Preparation, Personalities, and Pitfalls in Complex Claims Disputes.
Complex claims mediations can have various moving parts that need to be managed simultaneously. Some matters can be handled more effectively with more than one mediator helping to navigate the issues surrounding the facts, coverage, parties, valuations, and cultural disconnects. Co-mediation is a concept that is growing more popular, as parties seek to tackle disputes within the dispute. Join a lawyer, a complex claims professional, and a mediator for a walk through different subject matter areas and explore the rough terrain one may encounter when attempting to resolve these cases at mediation.
Complex claims mediations can have various moving parts that need to be managed simultaneously. Some matters can be handled more effectively with more than one mediator helping to navigate the issues surrounding the facts, coverage, parties, valuations, and cultural disconnects. Co-mediation is a concept that is growing more popular, as parties seek to tackle disputes within the dispute. Join a lawyer, a complex claims professional, and a mediator for a walk through different subject matter areas and explore the rough terrain one may encounter when attempting to resolve these cases at mediation.
RIP: The Death of the Billable Hour
A panel of industry and law firm leaders will describe their success in developing alternative fee arrangements (AFA) that can replace the billable hour. In AFAs, metrics are used to measure performance and key performance indicators are used for evaluation. With the data available to track legal metrics, the billable hour is not the most useful tool for law firms or clients. Using KPIs, law firms and clients track performance and approve monthly fees that are evaluated and adjusted annually – it’s a win for everyone.
A panel of industry and law firm leaders will describe their success in developing alternative fee arrangements (AFA) that can replace the billable hour. In AFAs, metrics are used to measure performance and key performance indicators are used for evaluation. With the data available to track legal metrics, the billable hour is not the most useful tool for law firms or clients. Using KPIs, law firms and clients track performance and approve monthly fees that are evaluated and adjusted annually – it’s a win for everyone.
