Advanced Skills Training Workshop & Annual Business Meeting

TAPM's Advanced Skills Training Workshop & Annual Business Meeting

MARCH 2, 2018

The workshop has been approved for 4.0 CME General Mediation Issues hours and 3.0 CME Mediation Ethics hours. In addition, it qualifies for 4.5 DUAL hours of and 2.5 GEN hours of CLE credit.


Lipscomb University

Institute for Conflict Management
Ezell Center – Room 363

One University Park Dr., Nashville, Tennessee 37204




Contemporary Issues Impacting Mediation Practice:  Understanding Information Processing and Decision Making, Examining Global and Online Perspectives, and Defining the Parameters of Our PracticeKimberlee Kovach Headshot

Kimberlee K. Kovach has over thirty-five years of experience in dispute resolution as a leading teacher, trainer, scholar and practitioner.

She was a founding officer and Past Chair of the American Bar Association Section of Dispute Resolution, as well as a former Chair of the State Bar of Texas and Houston Bar ADR Sections. Kim was also actively involved with the development of early dispute resolution programs at the local, state and national levels.

Kim was instrumental in the development of court-annexed mediation and dispute resolution programs, working with courts throughout Texas.  She also served as a consultant to courts in several other jurisdictions nationwide.  Kim was an early pioneer in the creation of community dispute resolution centers, and trained several hundred initial volunteer mediators in Texas. 

 Professor Kovach has taught a variety of ADR courses in legal education for nearly twenty-five years, and is the author of a text book for law school use, Mediation:  Principles And Practice (3rd ed. 2004). She is also the author of Mediation In a Nutshell (3rd ed. 2014).  In addition, Kovach has published numerous law review articles, book chapters as well as short articles on a variety of ADR related topics. Kovach has also lectured extensively throughout the United States and abroad, working in advancing the awareness and use of dispute resolution processes.

Kim was the first recipient of the State Bar of Texas ADR Section Evans' Award for exceptional work in the field of dispute resolution in 1995. More recently, Kim was honored with the prestigious Lifetime Achievement Award by the International Academy of Mediators (IAM) in recognition of her extensive work in the field of mediation and ADR. In presenting this award, Howard Vogel, then President of IAM noted, "Kim Kovach is a Texas treasure, legend and pioneer. She was an early voice for the advancement of ADR in the United States. That voice has remained strong and highly respected around the world."     



As the field of mediation and dispute resolution has grown, so too has the research and knowledge about the various aspects of interpersonal interaction.  Too often, the parties (and lawyers) are at an impasse – and not even sure how they got there.  This workshop will first examine the complexities in information processing, and how mediators can be effective in moving the parties to a better understanding of one another’s perspectives.  Contemporary research has also revealed some difficulties in the decision-making process, and we will consider the role of the mediator in intervening in that process from a practical as well as ethical view.   As mediation expands globally, it is important to consider what different approaches may differ, and what skills may be necessary in differing approaches. It is also important to consider, at this juncture of mediation’s use, who or what should define what the process is or has become.  It is time to consider the tension between the practitioner and the marketplace, along with related ethical ramifications.  


Learning Objectives

  • Participants will consider the differing types of information processing approaches and how each can limit or enhance communication within the mediation process
  • Participants will become familiar with decision making, and the obstacles that can impact the process
  • Participants will examine the ethical constraints in a mediator’s intervention in the parties’ (and lawyers’) decision-making process
  • Both advantages and downsides to online dispute resolution (ODR) will be considered, along with skill work for such approaches
  • Participants will consider global growth of mediation and the data resulting from the Global Pound Conferences
  • Participants will examine, and consider the ethical challenges in the practice as originally designed and that as required by the market


Event Schedule





7:45 AM-8:20 AM

Registration & Continental Breakfast



8:20 AM -8:30 AM

Welcome & Introductions




8:30 AM – 9:30 AM

Discussion of information and cognitive processing in mediation and negotiation



9:30 AM – 10:30 AM

Decision making process and pitfalls




10:30 AM – 10:45 AM




10:45 AM – 12:15 PM

Practicum: Utilizing (Ethical) skills to assist parties and lawyers in making decisions of settlement or resolution



12:15 PM-1:15 PM




1:15 PM-2:15 PM

The state of the art of mediation – global and online perspectives



2:15 PM-2:45 PM

Enhancing communication online



2:45 PM – 3:00 PM

Afternoon Break



3:00 PM-4:30 PM

Current dilemmas in practice: Who does/should control the practice of mediation – incl. ethics










Registration is now closed. We can accept up to five on-site regietersations on a first-come, first-served basis.

Already registered, please see the presentation materials below. If you'd like to have a copy on-site, please print both matierials to bring with you.