To better serve you MPSV partners regularly attend classes pertaining to the latest trends in conflict management.

Legal Specialization Education In Estate Planning, Trust, And Probate Law (Silicon Valley Bar Association)

Topics Covered:

Incompetency Planning, Estate Planning, Estate and gift tax return, Contested litigation regarding administration and decedents' estates.

Standards and Ethics (IACP Standards and Ethics Committee Members)

Topics Covered:

Beyond Ethics: Minimum Standards for Collaborative Professionals.

Judicial Demeanor (Superior Court Contra Costa County)

Topics Covered:

Judicial demeanor and ethical issues.

Probate (Superior Court Contra Costa County)

Topics Covered:

Probate of wills, trusts and estates.

Probate/Civil Cross-Overs (Silicon Valley Bar Assn)

Topics Covered:

This class discusses the interface of probate court and civil court, some of their most critical distinctions, and some their shared attributes.

Estate Planning Symposium (Jerry A. Kasner - Santa Clara University School of Law)

Topics Covered:

The Kasner Symposium is widely considered one of the premier estate planning conferences in the US.

Self-Reflection for Conflict Professionals Intensive (The Center for Understanding in Conflict)

Topics Covered:

1). Gain insight into compassionately connecting with and comprehending the underlying motivations that drive our dedication to assisting individuals in conflict, considering our diverse backgrounds, perspectives, and intersections. 2). Identify obstacles to self-awareness and positive engagement, including tendencies towards reactivity, judgment, insecurity, anger, or the need for dominance. 3). Address these obstacles in a manner that fosters greater self-awareness and empathy towards both ourselves and our clients. 4). Examine SCPI principles and techniques within the unique contexts shared by participants in the cohort. Delve into strategies for integrating personal introspection with outward actions.

Me, Myself and AI (Colin Rule CEO of Resourceful Internet Solutions, Inc & Clare Fowler Executive Vice-President and Managing Editor at Mediate.com)

Topics Covered:

The use of Artificial Intelligence (AI) in mediation as they arise.

The Impact of Mental Illness on the Human Brain (Stanford Continuing Studies)

Topics covered:

Even though psychiatric illnesses are extremely common and have a dramatic impact on society, their biological causes are still being researched. In this course,you will learn how modern technology can quantify brain structure and functionin humans and how it unlocks new ways to understand, diagnose and treat psychiatric illnesses.At the end of this course, you will be able to:1).Distinguish the main methods used to quantify brain structure and function in humans, 2).Describe how the brain is impacted by the most common mental illnesses, 3).Evaluate the explanations of mental illnesses in widespread press.

Aging And The Brain (Stanford Continuing Studies)

Topics covered:

Basic Dementia Facts Myths of Aging, Normal Cognitive Aging, Beyond Age-Related Changes, Depression ad Aging, Alzheimer’s type dementia, Depression plus Alzheimer’s Dementia, Non-Depressive Psychiatric Disturbances in Late-Life, Non-Alzheimer’s type Dementia, Frontotemporal Dementia (FTD), Vascular Dementia, Cognitive Assessment of Dementia.

Cognitive Reserve Hypothesis, Maintaining Cognitive Fitness

Visual Thinking: Working With Pictures (Stanford Continuing Studies)

Topics covered:

In school we learn to write as a fundamental building block for communication, and drawing is shunted away to “art class.” But scientists like Charles Darwin and Marie Curie and mathematicians, choreographers, and composers all have used sketching to give form to their ideas. Words are abstract and ambiguous, and can lead to miscommunication. We say a picture is worth a thousand words, so why do we discard this critical tool? Drawing is not just for so-called creatives. Drawing allows you to ideate, communicate, and collaborate with your team. Stop talking around your vision, and get it on the whiteboard where your team can see it.

Adventurous Thinking (Stanford Continuing Studies)

Topics covered:

Creative thinking is the key to navigating our increasingly unpredictable world and can solve complex problems that leave linear thinkers baffled.

The confidence to deliver unorthodox, creative solutions can be gained through a process called “adventurous thinking.” Adventurous thinking combines a healthy disregard for failure with five creative lenses: negative space, new perspectives, thinking backward, rethinking the present, and disruptive thinking. These lenses can help you block out the distractions all around you so you can focus on the relentless flow of the information we receive 24/7 and use it to ideate and problem-solve in useful, very relevant ways.

Neuroscience: New Paths To Knowledge by Professor Adi Mizrahi

Topics covered:

Professor Mizrahi studies plasticity of the olfactory and auditory systems using a combination of imaging, genetic and physiological techniques.

Trauma Informed Training Event (Santa Clara County Superior Court)

Topics covered:

Review key aspects and dynamics of Intimate Partner Violence (IPV), lethality characteristics; traumatic brain injury; potential basic impact on all victims including elders, members of LGBTQ and immigrant communities; trauma informed services for victims in Family Court and Juvenile Dependency Court; community based services.

Dynamics of IPV committed by those of higher wealth, power, and influence & as evidenced in the legal process; commonality of post traumatic mental health consequences for survivors; video segment from presentation on “Megyn Kelly Today” show; “threat assessment” informed safety planning including “pathway to violence” and “pathway to freedom”; link between DV, domestic terrorism and mass shootings.

Traumatic impact of exposure to violence on a child’s developing brain within the context of Adverse Childhood Events (ACES) and other short and long term potential consequences of exposure to domestic violence and cumulative trauma.

Trauma informed considerations for working with litigants including recognizing, preventing and ameliorating vicarious trauma and burnout.

What To Do When You Are Stuck? (Center for Understanding in Conflict)

Topics covered:

What to do when you are Stuck, Things To Do When Emotions Flare, Developing ad Framing Interests, Positive Neutrality Living with Ease in a Crazy World, Brainstorming: Evaluating Options, Judgment and Curiosity, Why Bring In the Law

Negotiating Mastery (Stanford Continuing Studies)

Topics covered:

Practical tools and techniques for generating creative solutions in difficult situations through simulations, role-playing, videos, and discussions.

County of Santa Clara Dispute Resolution Program

Topics Covered:

Mediation phases : opening statement, convincing, storytelling, face to face, brain storming, negotiation techniques, closure. The BURST concept. Mediation and confidentiality. Mediation and neutrality.

Critical Communication Skills in Negotiation (Stanford Continuing Studies)

Topics covered:

Communication is at the heart of effective negotiation.The most skilled negotiators understand the importance of asking good questions and listening to discover key issues and interests, and observing, reflecting, and summarizing throughout the conversation to build relationships. They also understand how to frame issues collaboratively, share information persuasively and balance assertion with listening and curious exploration.

Mediator Advice: Is It Ever Appropriate? (Center for Understanding and Conflict)

Topics covered:

Should mediators ever give advice and if so, under what conditions. In their model, Gary Friedman and Catherine Conner emphasize the centrality of the parties’ decision making authority instead of using the mediator position and power as a neutral to control the outcome. Running afoul of this ground rule is a major challenge when mediators come up against their impulse to tell the parties what they know they ought to do. How can mediators preserve the value of their knowledge and advice for the parties while honoring their ground rule?

How to Think Like a Futurist (Stanford Continuing Studies)

Topics covered:

"In dealing with the future, it is far more important to be imaginative than to be right.” – Alvin Toffler

Future Shock Thinking about the far-off future isn’t just an exercise in intellectual curiosity. It’s a practical skill that, new research reveals, has a direct neurological link to greater creativity, empathy, and optimism. In other words, futurist thinking gives you the ability to create change in your own life and the world around you, today.

Mediation phases : opening statement, convincing, storytelling, face to face, brain storming, negotiation techniques, closure. The BURST concept. Mediation and confidentiality. Mediation and neutrality.

Who Can we Trust? (Center for Understanding in Conflict)

Topics Covered:

Self Reflection for Conflict Professionals Intensive.

Critical Communication Skills in Negotiation(Stanford Continuing Studies)

Topics covered:

Communication is at the heart of effective negotiation.The most skilled negotiators understand the importance of asking good questions and listening to discover key issues and interests, and observing, reflecting, and summarizing throughout the conversation to build relationships. They also understand how to frame issues collaboratively, share information persuasively and balance assertion with listening and curious exploration.

Mediation and New Disclosure Laws (Silicon Valley Bar Association)

Topics covered:

New evidence laws affecting Mediation and steps to avoid liability and protect your clients.

Working with What Matters - Harvesting the Fruits of Curiosity (International Academy of Collaborative Professionals)

Topics covered:

In Collaborative Practice and Mediation, we have to manage the financial, practical and deeply emotional aspects of separation in order to help our clients reach a workable and meaningful agreement. Our clients are often strongly defensive and feel challenged in ways that threaten their identities. Their behavior can seem demanding, conflictual and "unreasonable." When we try to help them see things from a different perspective, or use active listening to acknowledge their strong feelings, it is often not enough to calm the conflict. Separating deeply affects our clients' relational value and they are feeling threatened and judged by themselves, each other and the many people who are trying to help.

If we are to deliver a client-centered process that enhances our clients' abilities to focus on what matters and to make good decisions for their futures, we need to be aware that we, just like everyone else, bring our judgments and assumptions to our cases. Clients pick up on these judgments, and defend against our efforts to help. Trying to direct, guide or tell someone anything when they are feeling judged and defensive is ineffective and sometimes leads to further escalation of conflict. As a result, our ability to shift from judgment to curiosity is vital to every mediation.

Working Deep Online (Center for Understanding in Conflict)

Topics covered:

As video conferencing services, such as Zoom, have fast become part of the new normal for many of us, it is clear that it is going to be a primary way for us to be communicating with our clients and people who are in conflict. Mastering the technical part of it is becoming more familiar to us, but we have not really had time to explore the deeper implications of using Zoom and similar platforms for addressing the underlying concerns, challenges, possibilities and personal issues raised by using video conferencing services. During this training, we will be doing just that through meditation, interaction among us, and role play to provide us with a deeper understanding of our relation to these technologies.

Bringing in Insight - How Learning Transforms Conflict (Ron Ousky - International Academy of Collaborative Professionals)

Topics covered:

Stu Webb is considered the founder of Collaborative Practice. In this webinar Stu discussed how collaborative practice evolved, what current trends he sees in the mediation services and provided his thoughts about what the future may be for mediation services.

Probate court in the Times of Coronavirus (Silicon Valley Bar Assn)

Topics covered:

Explanation of how the Court is operating during the coronavirus shut down. Outline of special procedures that will be in effect while court is partially shut down during the shelter-in-place order in Santa Clara County.

Quelling Clients Fear of Video Mediation (California Bar Assn - Continuing Education)

Topics covered:

Video mediation has shot to prominence as the best way to get settlement during a national quarantine and possibly afterwards as well. Maybe your clients feel nervous about using this medium. This webinar covers all of the details you need to help you and your clients succeed in video mediation, including: overcoming objections to remote mediation, rules for participants, preparing the clients, best practices, document drafting and execution, alternatives when technology is not available.

Civil Elder Financial Abuse: A Roadmap for Legal Services and Private Bar Attorneys (California Advocates for Nursing Home Reform)

Topics covered:

Discussion regarding how to determine the best "route" for a case such as evaluating and investigation settlement strategy, pleading, venue and preference factors, restraining order and right to attach order, discovery and experts.

Moving Mediation Online (Center for Understanding in Conflict)

Topics covered:

How to adapt in person mediation to online mediation.

The Evolution of Intimate Partner Abuse Law (Santa Clara County Bar Association)

Topics covered:

Review of cases which have been decided regarding actions that constitute abuse. Discussion regarding technology as abuse, including: isolation (someone could control another's access to social media), monitor and stalking GPS on car or phone, keystroke, cameras, browsing history, camera implanted in child's toy, image-based abuse (if you don't do this, I will post photos on Facebook), harassment/giving someone the feeling that their every move is being monitored, stalking.

Mediating Financial Issues online during this unprecedented economic crisis (Mediate.com)

Topics covered:

Discussion regarding what sorts of solutions have worked, in order to display financial information during online mediation. How the online disclosure process worked. How to mediate in the midst of severe financial distress and uncertainty.

Tips and Techniques to Succeed with Virtual Alternative Dispute Resolution (Santa Clara County Bar Assn)

Topics covered:

Video conferences and conference calls are tools familiar to the legal community. Now more than ever, we find ourselves using these tools in new ways, including to successfully resolve disputes of all kinds. This was a panel discussion regarding how to use virtual alternative dispute resolution/VADR in mediation practices. Preparing for virtual ADR: technical requirements, administrative assistance. Practice sessions, optimizing professional appearance online. Effective advocacy in an online environment: reading the "virtual" room, effective communication, client control, and momentum building techniques. Tools for virtual proceedings: breakout rooms, group chats, screen sharing, document exchange, executing the settlement agreement, confidentiality and privacy safeguards.

Endgame Questions and Issues (the Center for Understanding in Conflict)

Topics covered:

The endgame is often overshadowing any negotiation process from the outset. As parties in conflict approach the finish line, tentative agreements can fall apart, and emotions can flare. In this webinar, we will identify critical tools often overlooked in mediation training that can help parties achieve a satisfying endgame. These tools include creating value and revisiting what is important to the parties. We will also explore the role of looking at the best and worst alternative agreements. We will analyze how to deal with red herrings, second thoughts and waffling.

Online Family Mediation (Academy of Professional Family Mediators 2020 Training)

Topics covered:

Family Mediation: Building a successful mediation practice - Essential Technology for Effective Online Mediation - Integrating EFT techniques to enhance your online mediation practice - High Conflict Personalities in online mediation - Advance Techniques:New ways of building trust online.

Property Taxes (Silicon Valley Bar Assn)

Topics covered:

Property Taxes: Pitfalls, practical solutions, and passed propositions.

Five Keys to Mediating with Power ( Santa Clara County Bar Assn)

Topics covered:

Mediation is more art than science. It’s a powerful opportunity to explore settlement possibilities. At mediation all of the decision makers and attorneys are present in the same place, at the same time, with no distractions. The sole focus of the mediation is the matter at hand.

Some cases are ready to be settled with very little effort. For others the results hang in the balance. Come hear a seasoned mediator describe how the actions and choices of counsel (and the mediator) both before and during the mediation often make all the difference on whether or not a case settles.

Tax Strategies and Implications When Settling A Trust or Estate Dispute (Silicon Valley Bar Assn)

Topics covered:

Relevant Tax Laws:Federal income tax,income tax deductions,California real property tax,Federal transfer taxes,gift tax,estate tax,generation-skipping transfer tax.

Topics covered:

Family Mediation: Building a successful mediation practice - Essential Technology for Effective Online Mediation - Integrating EFT techniques to enhance your online mediation practice - High Conflict Personalities in online mediation - Advance Techniques:New ways of building trust online.

Property Taxes (Silicon Valley Bar Assn)

Topics covered:

Property Taxes: Pitfalls, practical solutions, and passed propositions.

Five Keys to Mediating with Power ( Santa Clara County Bar Assn)

Topics covered:

Mediation is more art than science. It’s a powerful opportunity to explore settlement possibilities. At mediation all of the decision makers and attorneys are present in the same place, at the same time, with no distractions. The sole focus of the mediation is the matter at hand.

Some cases are ready to be settled with very little effort. For others the results hang in the balance. Come hear a seasoned mediator describe how the actions and choices of counsel (and the mediator) both before and during the mediation often make all the difference on whether or not a case settles.

Tax Strategies and Implications When Settling A Trust or Estate Dispute (Silicon Valley Bar Assn)

Topics covered:

Relevant Tax Laws:Federal income tax,income tax deductions,California real property tax,Federal transfer taxes,gift tax,estate tax,generation-skipping transfer tax.

2020 Silicon Valley Bar Assn Annual Update (Silicon Valley Bar Assn)

Topics covered:

COVID and remote working,Zooming,the new normal: 2020 Recent development and post-election planning.

Fee Arbitration (California Bar Assn)

Topics covered:

Writing an enforceable award, Statute of limitations, effect of conflicts of interest, Arbitrator disclosure requirements, Controlling the proceeding.

**Settlor Incapacity: The New World Of Trust Administration (Panelists: Scott A. Fraser, James Cummins, And Ryan Cunningham)** I. DETERMINING CAPACITY a. What is Capacity? i. Capacity1. Capacity is a clinical assessment. 1. Capacity is the ability to take information, understand the ramifications of that information. ii. Competency 1. Competency is a legal assessment. 1. Competency proceedings, such as guardianship and conservatorship hearings, are conducted to allow the court to determine an individual’s mental capacity. b. Modern Capacity Standard c. Definition/Capacity standards i. Capacity Standards d. Diagnoses of Cognitive Decline II. ETHICAL DUTIES AND OBLIGATIONS FOR REPRESENTING ADULTS WITH DIMINISHED CAPACITY a. Diminished Capacity – Definition b. Impact of Diminished Capacity on Professional RelationshipIII. TAKING PROTECTIVE ACTION WHEN CLIENT HAS DIMINISHED CAPACITY a. Does the Principal-Agent Relationship of Client and Attorney Survive Incompetency? b. Attorney’s Duty of Confidentiality May Limit Available Protective Measures c. Informed Consent of Client to Disclosure d. Advance Consents to Disclosure of Confidential Information e. Takeaways for Estate Planning CounselIV. RIGHTS OF REMAINDER BENEFICIARIES DURING LIFETIME OF SETTLOR PRIOR TO AB 1079 a. Former Probate Code 15800 b. Right to Report c. Right to an Accounting d. Standing to Bring Claim for Breach of Trust e. Broad Definition of Beneficiary Under Probate Code 24V. AB 1079: NEW REQUIREMENTS UNDER 15800 UPON “INCAPACITY” OF SETTLOR a. Assembly Bill 1079 became effective January 1, 2022 b. The Problem and Solution in the Legislative Analysis c. When 15800(b) Applies d. How to Establish Incompetency of Settlor for 15800(b) e. Methods for Establishing Incompetency Under Trust Instrument f. Who is Entitled to Notice Under 15800(b) g. Information that Must be Provided in 15800(b) Notice h. Duty to Report and Account After 15800(b) Takes Effect i. Considerations for Settlors and Drafting AttorneysVI. SETTLOR’S RIGHTS WHERE CAPACITY IS QUESTIONED OR INCAPACITY IS DETERMINED a. Attorney’s Representation of a Settlor who Wishes to Contest Capacity Determination b. Contesting a Judicial Determination of Incapacity in Conservatorship Proceeding c. Contesting a Determination of Incapacity Under The Trust Instrument d. Can the Settlor Still Revoke the Trust in Incapacitated Under 15800(b)? e. Settlor’s Right to Direct the TrusteeVII. SPECIAL CONSIDERATIONS FOR A TRUSTEE ADMINISTERING A TRUST WHERE THE SETTLOR LACKS CAPACITY a. Identify if 15800(b) is Applicable b. Duty of Impartiality c. Identify Fiduciary Who Can Receive Information and Accountings on Behalf of the Settlor d. Obtain Written Direction from a Person Holding the Power to Revoke or Settlor with Sufficient CapacityVIII. RIGHTS OF CONTINGENT REMAINDER BENEFICIARIES WHERE THE SETTLOR LACKS CAPACITY a. Continued Right of Beneficiary to Bring an Action b. Trustee’s Discretion Regarding 15800(b) Notice to Contingent Remainder Beneficiaries c. Removal of Trustee d. Does the Beneficiary Have an Obligation to Pursue Claims? e. Action for Financial Elder Abuse

**The Impact of Mental Illness on the Human Brain (Stanford Continuing Studies)**

Even though psychiatric illnesses are extremely common and have a dramatic impact on society, their biological causes are still being researched. In this course,you will learn how modern technology can quantify brain structure and functionin humans and how it unlocks new ways to understand, diagnose and treat psychiatric illnesses.At the end of this course, you will be able to:1).Distinguish the main methods used to quantify brain structure and function in humans, 2).Describe how the brain is impacted by the most common mental illnesses, 3).Evaluate the explanations of mental illnesses in widespread press.

Aging And The Brain (Stanford Continuing Studies)

Topics covered:

Basic Dementia Facts Myths of Aging, Normal Cognitive Aging, Beyond Age-Related Changes, Depression ad Aging, Alzheimer’s type dementia, Depression plus Alzheimer’s Dementia, Non-Depressive Psychiatric Disturbances in Late-Life, Non-Alzheimer’s type Dementia, Frontotemporal Dementia (FTD), Vascular Dementia, Cognitive Assessment of Dementia,

Cognitive Reserve Hypothesis, Maintaining Cognitive Fitness

Visual Thinking: Working With Pictures (Stanford Continuing Studies)

Topics covered:

In school we learn to write as a fundamental building block for communication, and drawing is shunted away to “art class.” But scientists like Charles Darwin and Marie Curie and mathematicians, choreographers, and composers all have used sketching to give form to their ideas. Words are abstract and ambiguous, and can lead to miscommunication. We say a picture is worth a thousand words, so why do we discard this critical tool? Drawing is not just for so-called creatives. Drawing allows you to ideate, communicate, and collaborate with your team. Stop talking around your vision, and get it on the whiteboard where your team can see it.

Adventurous Thinking (Stanford Continuing Studies)

Topics covered:

Creative thinking is the key to navigating our increasingly unpredictable world and can solve complex problems that leave linear thinkers baffled.

The confidence to deliver unorthodox, creative solutions can be gained through a process called “adventurous thinking.” Adventurous thinking combines a healthy disregard for failure with five creative lenses: negative space, new perspectives, thinking backward, rethinking the present, and disruptive thinking. These lenses can help you block out the distractions all around you so you can focus on the relentless flow of the information we receive 24/7 and use it to ideate and problem-solve in useful, very relevant ways.

Neuroscience: New Paths To Knowledge by Professor Adi Mizrahi

Topics covered:

Professor Mizrahi studies plasticity of the olfactory and auditory systems using a combination of imaging, genetic and physiological techniques.

Trauma Informed Training Event (Santa Clara County Superior Court)

Topics covered:

Review key aspects and dynamics of Intimate Partner Violence (IPV), lethality characteristics; traumatic brain injury; potential basic impact on all victims including elders, members of LGBTQ and immigrant communities; trauma informed services for victims in Family Court and Juvenile Dependency Court; community based services.

Dynamics of IPV committed by those of higher wealth, power, and influence & as evidenced in the legal process; commonality of post traumatic mental health consequences for survivors; video segment from presentation on “Megyn Kelly Today” show; “threat assessment” informed safety planning including “pathway to violence” and “pathway to freedom”; link between DV, domestic terrorism and mass shootings.

Traumatic impact of exposure to violence on a child’s developing brain within the context of Adverse Childhood Events (ACES) and other short and long term potential consequences of exposure to domestic violence and cumulative trauma.

Trauma informed considerations for working with litigants including recognizing, preventing and ameliorating vicarious trauma and burnout.

What To Do When You Are Stuck? (Center for Understanding in Conflict)

Topics covered:

What to do when you are Stuck, Things To Do When Emotions Flare, Developing ad Framing Interests, Positive Neutrality Living with Ease in a Crazy World, Brainstorming: Evaluating Options, Judgment and Curiosity, Why Bring In the Law

Negotiating Mastery (Stanford Continuing Studies)

Topics covered:

Practical tools and techniques for generating creative solutions in difficult situations through simulations, role-playing, videos, and discussions.

County of Santa Clara Dispute Resolution Program

Topics Covered:

Mediation phases : opening statement, convincing, storytelling, face to face, brain storming, negotiation techniques, closure. The BURST concept. Mediation and confidentiality. Mediation and neutrality.

Critical Communication Skills in Negotiation (Stanford Continuing Studies)

Topics covered:

Communication is at the heart of effective negotiation.The most skilled negotiators understand the importance of asking good questions and listening to discover key issues and interests, and observing, reflecting, and summarizing throughout the conversation to build relationships. They also understand how to frame issues collaboratively, share information persuasively and balance assertion with listening and curious exploration.

Mediator Advice: Is It Ever Appropriate? (Center for Understanding and Conflict)

Topics covered:

Should mediators ever give advice and if so, under what conditions. In their model, Gary Friedman and Catherine Conner emphasize the centrality of the parties’ decision making authority instead of using the mediator position and power as a neutral to control the outcome. Running afoul of this ground rule is a major challenge when mediators come up against their impulse to tell the parties what they know they ought to do. How can mediators preserve the value of their knowledge and advice for the parties while honoring their ground rule?

How to Think Like a Futurist (Stanford Continuing Studies)

Topics covered:

"In dealing with the future, it is far more important to be imaginative than to be right.” – Alvin Toffler

Future Shock Thinking about the far-off future isn’t just an exercise in intellectual curiosity. It’s a practical skill that, new research reveals, has a direct neurological link to greater creativity, empathy, and optimism. In other words, futurist thinking gives you the ability to create change in your own life and the world around you, today.

Mediation phases : opening statement, convincing, storytelling, face to face, brain storming, negotiation techniques, closure. The BURST concept. Mediation and confidentiality. Mediation and neutrality.

Who Can we Trust? (Center for Understanding in Conflict)

Topics Covered:

Self Reflection for Conflict Professionals Intensive.

Critical Communication Skills in Negotiation(Stanford Continuing Studies)

Topics covered:

Communication is at the heart of effective negotiation.The most skilled negotiators understand the importance of asking good questions and listening to discover key issues and interests, and observing, reflecting, and summarizing throughout the conversation to build relationships. They also understand how to frame issues collaboratively, share information persuasively and balance assertion with listening and curious exploration.

Mediation and New Disclosure Laws (Silicon Valley Bar Association)

Topics covered:

New evidence laws affecting Mediation and steps to avoid liability and protect your clients.

Working with What Matters - Harvesting the Fruits of Curiosity (International Academy of Collaborative Professionals)

Topics covered:

In Collaborative Practice and Mediation, we have to manage the financial, practical and deeply emotional aspects of separation in order to help our clients reach a workable and meaningful agreement. Our clients are often strongly defensive and feel challenged in ways that threaten their identities. Their behavior can seem demanding, conflictual and "unreasonable." When we try to help them see things from a different perspective, or use active listening to acknowledge their strong feelings, it is often not enough to calm the conflict. Separating deeply affects our clients' relational value and they are feeling threatened and judged by themselves, each other and the many people who are trying to help.

If we are to deliver a client-centered process that enhances our clients' abilities to focus on what matters and to make good decisions for their futures, we need to be aware that we, just like everyone else, bring our judgments and assumptions to our cases. Clients pick up on these judgments, and defend against our efforts to help. Trying to direct, guide or tell someone anything when they are feeling judged and defensive is ineffective and sometimes leads to further escalation of conflict. As a result, our ability to shift from judgment to curiosity is vital to every mediation.

Working Deep Online (Center for Understanding in Conflict)

Topics covered:

As video conferencing services, such as Zoom, have fast become part of the new normal for many of us, it is clear that it is going to be a primary way for us to be communicating with our clients and people who are in conflict. Mastering the technical part of it is becoming more familiar to us, but we have not really had time to explore the deeper implications of using Zoom and similar platforms for addressing the underlying concerns, challenges, possibilities and personal issues raised by using video conferencing services. During this training, we will be doing just that through meditation, interaction among us, and role play to provide us with a deeper understanding of our relation to these technologies.

Bringing in Insight - How Learning Transforms Conflict (Ron Ousky - International Academy of Collaborative Professionals)

Topics covered:

Stu Webb is considered the founder of Collaborative Practice. In this webinar Stu discussed how collaborative practice evolved, what current trends he sees in the mediation services and provided his thoughts about what the future may be for mediation services.

Probate court in the Times of Coronavirus (Silicon Valley Bar Assn)

Topics covered:

Explanation of how the Court is operating during the coronavirus shut down. Outline of special procedures that will be in effect while court is partially shut down during the shelter-in-place order in Santa Clara County.

Quelling Clients Fear of Video Mediation (California Bar Assn - Continuing Education)

Topics covered:

Video mediation has shot to prominence as the best way to get settlement during a national quarantine and possibly afterwards as well. Maybe your clients feel nervous about using this medium. This webinar covers all of the details you need to help you and your clients succeed in video mediation, including: overcoming objections to remote mediation, rules for participants, preparing the clients, best practices, document drafting and execution, alternatives when technology is not available.

Civil Elder Financial Abuse: A Roadmap for Legal Services and Private Bar Attorneys (California Advocates for Nursing Home Reform)

Topics covered:

Discussion regarding how to determine the best "route" for a case such as evaluating and investigation settlement strategy, pleading, venue and preference factors, restraining order and right to attach order, discovery and experts.

Moving Mediation Online (Center for Understanding in Conflict)

Topics covered:

How to adapt in person mediation to online mediation.

The Evolution of Intimate Partner Abuse Law (Santa Clara County Bar Association)

Topics covered:

Review of cases which have been decided regarding actions that constitute abuse. Discussion regarding technology as abuse, including: isolation (someone could control another's access to social media), monitor and stalking GPS on car or phone, keystroke, cameras, browsing history, camera implanted in child's toy, image-based abuse (if you don't do this, I will post photos on Facebook), harassment/giving someone the feeling that their every move is being monitored, stalking.

Mediating Financial Issues online during this unprecedented economic crisis (Mediate.com)

Topics covered:

Discussion regarding what sorts of solutions have worked, in order to display financial information during online mediation. How the online disclosure process worked. How to mediate in the midst of severe financial distress and uncertainty.

Tips and Techniques to Succeed with Virtual Alternative Dispute Resolution (Santa Clara County Bar Assn)

Topics covered:

Video conferences and conference calls are tools familiar to the legal community. Now more than ever, we find ourselves using these tools in new ways, including to successfully resolve disputes of all kinds. This was a panel discussion regarding how to use virtual alternative dispute resolution/VADR in mediation practices. Preparing for virtual ADR: technical requirements, administrative assistance. Practice sessions, optimizing professional appearance online. Effective advocacy in an online environment: reading the "virtual" room, effective communication, client control, and momentum building techniques. Tools for virtual proceedings: breakout rooms, group chats, screen sharing, document exchange, executing the settlement agreement, confidentiality and privacy safeguards.

Endgame Questions and Issues (the Center for Understanding in Conflict)

Topics covered:

The endgame is often overshadowing any negotiation process from the outset. As parties in conflict approach the finish line, tentative agreements can fall apart, and emotions can flare. In this webinar, we will identify critical tools often overlooked in mediation training that can help parties achieve a satisfying endgame. These tools include creating value and revisiting what is important to the parties. We will also explore the role of looking at the best and worst alternative agreements. We will analyze how to deal with red herrings, second thoughts and waffling.

Online Family Mediation (Academy of Professional Family Mediators 2020 Training)

Topics covered:

Family Mediation: Building a successful mediation practice - Essential Technology for Effective Online Mediation - Integrating EFT techniques to enhance your online mediation practice - High Conflict Personalities in online mediation - Advance Techniques:New ways of building trust online.

Property Taxes (Silicon Valley Bar Assn)

Topics covered:

Property Taxes: Pitfalls, practical solutions, and passed propositions.

Five Keys to Mediating with Power ( Santa Clara County Bar Assn)

Topics covered:

Mediation is more art than science. It’s a powerful opportunity to explore settlement possibilities. At mediation all of the decision makers and attorneys are present in the same place, at the same time, with no distractions. The sole focus of the mediation is the matter at hand.

Some cases are ready to be settled with very little effort. For others the results hang in the balance. Come hear a seasoned mediator describe how the actions and choices of counsel (and the mediator) both before and during the mediation often make all the difference on whether or not a case settles.

Tax Strategies and Implications When Settling A Trust or Estate Dispute (Silicon Valley Bar Assn)

Topics covered:

Relevant Tax Laws:Federal income tax,income tax deductions,California real property tax,Federal transfer taxes,gift tax,estate tax,generation-skipping transfer tax.

Topics covered:

Family Mediation: Building a successful mediation practice - Essential Technology for Effective Online Mediation - Integrating EFT techniques to enhance your online mediation practice - High Conflict Personalities in online mediation - Advance Techniques:New ways of building trust online.

Property Taxes (Silicon Valley Bar Assn)

Topics covered:

Property Taxes: Pitfalls, practical solutions, and passed propositions.

Five Keys to Mediating with Power ( Santa Clara County Bar Assn)

Topics covered:

Mediation is more art than science. It’s a powerful opportunity to explore settlement possibilities. At mediation all of the decision makers and attorneys are present in the same place, at the same time, with no distractions. The sole focus of the mediation is the matter at hand.

Some cases are ready to be settled with very little effort. For others the results hang in the balance. Come hear a seasoned mediator describe how the actions and choices of counsel (and the mediator) both before and during the mediation often make all the difference on whether or not a case settles.

Tax Strategies and Implications When Settling A Trust or Estate Dispute (Silicon Valley Bar Assn)

Topics covered:

Relevant Tax Laws:Federal income tax,income tax deductions,California real property tax,Federal transfer taxes,gift tax,estate tax,generation-skipping transfer tax.

2020 Silicon Valley Bar Assn Annual Update (Silicon Valley Bar Assn)

Topics covered:

COVID and remote working,Zooming,the new normal: 2020 Recent development and post-election planning.

Fee Arbitration (California Bar Assn)

Topics covered:

Writing an enforceable award, Statute of limitations, effect of conflicts of interest, Arbitrator disclosure requirements, Controlling the proceeding.

**Settlor Incapacity: The New World Of Trust Administration (Panelists: Scott A. Fraser, James Cummins, And Ryan Cunningham)**I. DETERMINING CAPACITY a. What is Capacity?

i. Capacity1. Capacity is a clinical assessment.

Capacity is the ability to take information, understand the ramifications of that information. ii. Competency
Competency is a legal assessment.
Competency proceedings, such as guardianship and conservatorship hearings, are conducted to allow the court to determine an individual’s mental capacity. b. Modern Capacity Standard c. Definition/Capacity standards i. Capacity Standards d. Diagnoses of Cognitive Decline

II. ETHICAL DUTIES AND OBLIGATIONS FOR REPRESENTING ADULTS WITH DIMINISHED CAPACITY

a. Diminished Capacity – Definition b. Impact of Diminished Capacity on Professional RelationshipIII. TAKING PROTECTIVE ACTION WHEN CLIENT HAS DIMINISHED CAPACITY

a. Does the Principal-Agent Relationship of Client and Attorney Survive Incompetency? b. Attorney’s Duty of Confidentiality May Limit Available Protective Measures c. Informed Consent of Client to Disclosure d. Advance Consents to Disclosure of Confidential Information e. Takeaways for Estate Planning CounselIV. RIGHTS OF REMAINDER BENEFICIARIES DURING LIFETIME OF SETTLOR PRIOR TO AB 1079

a. Former Probate Code 15800 b. Right to Report c. Right to an Accounting d. Standing to Bring Claim for Breach of Trust e. Broad Definition of Beneficiary Under Probate Code 24V. AB 1079: NEW REQUIREMENTS UNDER 15800 UPON “INCAPACITY” OF SETTLOR a. Assembly Bill 1079 became effective January 1, 2022

b. The Problem and Solution in the Legislative Analysis c. When 15800(b) Applies d. How to Establish Incompetency of Settlor for 15800(b) e. Methods for Establishing Incompetency Under Trust Instrument f. Who is Entitled to Notice Under 15800(b) g. Information that Must be Provided in 15800(b) Notice h. Duty to Report and Account After 15800(b) Takes Effect i. Considerations for Settlors and Drafting AttorneysVI. SETTLOR’S RIGHTS WHERE CAPACITY IS QUESTIONED OR INCAPACITY IS DETERMINED

a. Attorney’s Representation of a Settlor who Wishes to Contest Capacity Determination b. Contesting a Judicial Determination of Incapacity in Conservatorship Proceeding c. Contesting a Determination of Incapacity Under The Trust Instrument d. Can the Settlor Still Revoke the Trust in Incapacitated Under 15800(b)? e. Settlor’s Right to Direct the TrusteeVII. SPECIAL CONSIDERATIONS FOR A TRUSTEE ADMINISTERING A TRUST WHERE THE SETTLOR LACKS CAPACITY

a. Identify if 15800(b) is Applicable b. Duty of Impartiality c. Identify Fiduciary Who Can Receive Information and Accountings on Behalf of the Settlor d. Obtain Written Direction from a Person Holding the Power to Revoke or Settlor with Sufficient CapacityVIII. RIGHTS OF CONTINGENT REMAINDER BENEFICIARIES WHERE THE SETTLOR LACKS CAPACITY

a. Continued Right of Beneficiary to Bring an Action b. Trustee’s Discretion Regarding 15800(b) Notice to Contingent Remainder Beneficiaries c. Removal of Trustee d. Does the Beneficiary Have an Obligation to Pursue Claims? e. Action for Financial Elder Abuse

Even though psychiatric illnesses are extremely common and have a dramatic impact on society, their biological causes are still being researched. In this course,you will learn how modern technology can quantify brain structure and functionin humans and how it unlocks new ways to understand, diagnose and treat psychiatric illnesses.At the end of this course, you will be able to:1).Distinguish the main methods used to quantify brain structure and function in humans, 2).Describe how the brain is impacted by the most common mental illnesses, 3).Evaluate the explanations of mental illnesses in widespread press.

Aging And The Brain (Stanford Continuing Studies)

Topics covered:

Basic Dementia Facts Myths of Aging, Normal Cognitive Aging, Beyond Age-Related Changes, Depression ad Aging, Alzheimer’s type dementia, Depression plus Alzheimer’s Dementia, Non-Depressive Psychiatric Disturbances in Late-Life, Non-Alzheimer’s type Dementia, Frontotemporal Dementia (FTD), Vascular Dementia, Cognitive Assessment of Dementia,

Cognitive Reserve Hypothesis, Maintaining Cognitive Fitness

Visual Thinking: Working With Pictures (Stanford Continuing Studies)

Topics covered:

In school we learn to write as a fundamental building block for communication, and drawing is shunted away to “art class.” But scientists like Charles Darwin and Marie Curie and mathematicians, choreographers, and composers all have used sketching to give form to their ideas. Words are abstract and ambiguous, and can lead to miscommunication. We say a picture is worth a thousand words, so why do we discard this critical tool? Drawing is not just for so-called creatives. Drawing allows you to ideate, communicate, and collaborate with your team. Stop talking around your vision, and get it on the whiteboard where your team can see it.

Adventurous Thinking (Stanford Continuing Studies)

Topics covered:

Creative thinking is the key to navigating our increasingly unpredictable world and can solve complex problems that leave linear thinkers baffled.

The confidence to deliver unorthodox, creative solutions can be gained through a process called “adventurous thinking.” Adventurous thinking combines a healthy disregard for failure with five creative lenses: negative space, new perspectives, thinking backward, rethinking the present, and disruptive thinking. These lenses can help you block out the distractions all around you so you can focus on the relentless flow of the information we receive 24/7 and use it to ideate and problem-solve in useful, very relevant ways.

Neuroscience: New Paths To Knowledge by Professor Adi Mizrahi

Topics covered:

Professor Mizrahi studies plasticity of the olfactory and auditory systems using a combination of imaging, genetic and physiological techniques.

Trauma Informed Training Event (Santa Clara County Superior Court)

Topics covered:

Review key aspects and dynamics of Intimate Partner Violence (IPV), lethality characteristics; traumatic brain injury; potential basic impact on all victims including elders, members of LGBTQ and immigrant communities; trauma informed services for victims in Family Court and Juvenile Dependency Court; community based services.

Dynamics of IPV committed by those of higher wealth, power, and influence & as evidenced in the legal process; commonality of post traumatic mental health consequences for survivors; video segment from presentation on “Megyn Kelly Today” show; “threat assessment” informed safety planning including “pathway to violence” and “pathway to freedom”; link between DV, domestic terrorism and mass shootings.

Traumatic impact of exposure to violence on a child’s developing brain within the context of Adverse Childhood Events (ACES) and other short and long term potential consequences of exposure to domestic violence and cumulative trauma.

Trauma informed considerations for working with litigants including recognizing, preventing and ameliorating vicarious trauma and burnout.

What To Do When You Are Stuck? (Center for Understanding in Conflict)

Topics covered:

What to do when you are Stuck, Things To Do When Emotions Flare, Developing ad Framing Interests, Positive Neutrality Living with Ease in a Crazy World, Brainstorming: Evaluating Options, Judgment and Curiosity, Why Bring In the Law

Negotiating Mastery (Stanford Continuing Studies)

Topics covered:

Practical tools and techniques for generating creative solutions in difficult situations through simulations, role-playing, videos, and discussions.

County of Santa Clara Dispute Resolution Program

Topics Covered:

Mediation phases : opening statement, convincing, storytelling, face to face, brain storming, negotiation techniques, closure. The BURST concept. Mediation and confidentiality. Mediation and neutrality.

Critical Communication Skills in Negotiation (Stanford Continuing Studies)

Topics covered:

Communication is at the heart of effective negotiation.The most skilled negotiators understand the importance of asking good questions and listening to discover key issues and interests, and observing, reflecting, and summarizing throughout the conversation to build relationships. They also understand how to frame issues collaboratively, share information persuasively and balance assertion with listening and curious exploration.

Mediator Advice: Is It Ever Appropriate? (Center for Understanding and Conflict)

Topics covered:

Should mediators ever give advice and if so, under what conditions. In their model, Gary Friedman and Catherine Conner emphasize the centrality of the parties’ decision making authority instead of using the mediator position and power as a neutral to control the outcome. Running afoul of this ground rule is a major challenge when mediators come up against their impulse to tell the parties what they know they ought to do. How can mediators preserve the value of their knowledge and advice for the parties while honoring their ground rule?

How to Think Like a Futurist (Stanford Continuing Studies)

Topics covered:

"In dealing with the future, it is far more important to be imaginative than to be right.” – Alvin Toffler

Future Shock Thinking about the far-off future isn’t just an exercise in intellectual curiosity. It’s a practical skill that, new research reveals, has a direct neurological link to greater creativity, empathy, and optimism. In other words, futurist thinking gives you the ability to create change in your own life and the world around you, today.

Mediation phases : opening statement, convincing, storytelling, face to face, brain storming, negotiation techniques, closure. The BURST concept. Mediation and confidentiality. Mediation and neutrality.

Who Can we Trust? (Center for Understanding in Conflict)

Topics Covered:

Self Reflection for Conflict Professionals Intensive.

Critical Communication Skills in Negotiation(Stanford Continuing Studies)

Topics covered:

Communication is at the heart of effective negotiation.The most skilled negotiators understand the importance of asking good questions and listening to discover key issues and interests, and observing, reflecting, and summarizing throughout the conversation to build relationships. They also understand how to frame issues collaboratively, share information persuasively and balance assertion with listening and curious exploration.

Mediation and New Disclosure Laws (Silicon Valley Bar Association)

Topics covered:

New evidence laws affecting Mediation and steps to avoid liability and protect your clients.

Working with What Matters - Harvesting the Fruits of Curiosity (International Academy of Collaborative Professionals)

Topics covered:

In Collaborative Practice and Mediation, we have to manage the financial, practical and deeply emotional aspects of separation in order to help our clients reach a workable and meaningful agreement. Our clients are often strongly defensive and feel challenged in ways that threaten their identities. Their behavior can seem demanding, conflictual and "unreasonable." When we try to help them see things from a different perspective, or use active listening to acknowledge their strong feelings, it is often not enough to calm the conflict. Separating deeply affects our clients' relational value and they are feeling threatened and judged by themselves, each other and the many people who are trying to help.

If we are to deliver a client-centered process that enhances our clients' abilities to focus on what matters and to make good decisions for their futures, we need to be aware that we, just like everyone else, bring our judgments and assumptions to our cases. Clients pick up on these judgments, and defend against our efforts to help. Trying to direct, guide or tell someone anything when they are feeling judged and defensive is ineffective and sometimes leads to further escalation of conflict. As a result, our ability to shift from judgment to curiosity is vital to every mediation.

Working Deep Online (Center for Understanding in Conflict)

Topics covered:

As video conferencing services, such as Zoom, have fast become part of the new normal for many of us, it is clear that it is going to be a primary way for us to be communicating with our clients and people who are in conflict. Mastering the technical part of it is becoming more familiar to us, but we have not really had time to explore the deeper implications of using Zoom and similar platforms for addressing the underlying concerns, challenges, possibilities and personal issues raised by using video conferencing services. During this training, we will be doing just that through meditation, interaction among us, and role play to provide us with a deeper understanding of our relation to these technologies.

Bringing in Insight - How Learning Transforms Conflict (Ron Ousky - International Academy of Collaborative Professionals)

Topics covered:

Stu Webb is considered the founder of Collaborative Practice. In this webinar Stu discussed how collaborative practice evolved, what current trends he sees in the mediation services and provided his thoughts about what the future may be for mediation services.

Probate court in the Times of Coronavirus (Silicon Valley Bar Assn)

Topics covered:

Explanation of how the Court is operating during the coronavirus shut down. Outline of special procedures that will be in effect while court is partially shut down during the shelter-in-place order in Santa Clara County.

Quelling Clients Fear of Video Mediation (California Bar Assn - Continuing Education)

Topics covered:

Video mediation has shot to prominence as the best way to get settlement during a national quarantine and possibly afterwards as well. Maybe your clients feel nervous about using this medium. This webinar covers all of the details you need to help you and your clients succeed in video mediation, including: overcoming objections to remote mediation, rules for participants, preparing the clients, best practices, document drafting and execution, alternatives when technology is not available.

Civil Elder Financial Abuse: A Roadmap for Legal Services and Private Bar Attorneys (California Advocates for Nursing Home Reform)

Topics covered:

Discussion regarding how to determine the best "route" for a case such as evaluating and investigation settlement strategy, pleading, venue and preference factors, restraining order and right to attach order, discovery and experts.

Moving Mediation Online (Center for Understanding in Conflict)

Topics covered:

How to adapt in person mediation to online mediation.

The Evolution of Intimate Partner Abuse Law (Santa Clara County Bar Association)

Topics covered:

Review of cases which have been decided regarding actions that constitute abuse. Discussion regarding technology as abuse, including: isolation (someone could control another's access to social media), monitor and stalking GPS on car or phone, keystroke, cameras, browsing history, camera implanted in child's toy, image-based abuse (if you don't do this, I will post photos on Facebook), harassment/giving someone the feeling that their every move is being monitored, stalking.

Mediating Financial Issues online during this unprecedented economic crisis (Mediate.com)

Topics covered:

Discussion regarding what sorts of solutions have worked, in order to display financial information during online mediation. How the online disclosure process worked. How to mediate in the midst of severe financial distress and uncertainty.

Tips and Techniques to Succeed with Virtual Alternative Dispute Resolution (Santa Clara County Bar Assn)

Topics covered:

Video conferences and conference calls are tools familiar to the legal community. Now more than ever, we find ourselves using these tools in new ways, including to successfully resolve disputes of all kinds. This was a panel discussion regarding how to use virtual alternative dispute resolution/VADR in mediation practices. Preparing for virtual ADR: technical requirements, administrative assistance. Practice sessions, optimizing professional appearance online. Effective advocacy in an online environment: reading the "virtual" room, effective communication, client control, and momentum building techniques. Tools for virtual proceedings: breakout rooms, group chats, screen sharing, document exchange, executing the settlement agreement, confidentiality and privacy safeguards.

Endgame Questions and Issues (the Center for Understanding in Conflict)

Topics covered:

The endgame is often overshadowing any negotiation process from the outset. As parties in conflict approach the finish line, tentative agreements can fall apart, and emotions can flare. In this webinar, we will identify critical tools often overlooked in mediation training that can help parties achieve a satisfying endgame. These tools include creating value and revisiting what is important to the parties. We will also explore the role of looking at the best and worst alternative agreements. We will analyze how to deal with red herrings, second thoughts and waffling.

Online Family Mediation (Academy of Professional Family Mediators 2020 Training)

Topics covered:

Family Mediation: Building a successful mediation practice - Essential Technology for Effective Online Mediation - Integrating EFT techniques to enhance your online mediation practice - High Conflict Personalities in online mediation - Advance Techniques:New ways of building trust online.

Property Taxes (Silicon Valley Bar Assn)

Topics covered:

Property Taxes: Pitfalls, practical solutions, and passed propositions.

Five Keys to Mediating with Power ( Santa Clara County Bar Assn)

Topics covered:

Mediation is more art than science. It’s a powerful opportunity to explore settlement possibilities. At mediation all of the decision makers and attorneys are present in the same place, at the same time, with no distractions. The sole focus of the mediation is the matter at hand.

Some cases are ready to be settled with very little effort. For others the results hang in the balance. Come hear a seasoned mediator describe how the actions and choices of counsel (and the mediator) both before and during the mediation often make all the difference on whether or not a case settles.

Tax Strategies and Implications When Settling A Trust or Estate Dispute (Silicon Valley Bar Assn)

Topics covered:

Relevant Tax Laws:Federal income tax,income tax deductions,California real property tax,Federal transfer taxes,gift tax,estate tax,generation-skipping transfer tax.

Topics covered:

Family Mediation: Building a successful mediation practice - Essential Technology for Effective Online Mediation - Integrating EFT techniques to enhance your online mediation practice - High Conflict Personalities in online mediation - Advance Techniques:New ways of building trust online.

Property Taxes (Silicon Valley Bar Assn)

Topics covered:

Property Taxes: Pitfalls, practical solutions, and passed propositions.

Five Keys to Mediating with Power ( Santa Clara County Bar Assn)

Topics covered:

Mediation is more art than science. It’s a powerful opportunity to explore settlement possibilities. At mediation all of the decision makers and attorneys are present in the same place, at the same time, with no distractions. The sole focus of the mediation is the matter at hand.

Some cases are ready to be settled with very little effort. For others the results hang in the balance. Come hear a seasoned mediator describe how the actions and choices of counsel (and the mediator) both before and during the mediation often make all the difference on whether or not a case settles.

Tax Strategies and Implications When Settling A Trust or Estate Dispute (Silicon Valley Bar Assn)

Topics covered:

Relevant Tax Laws:Federal income tax,income tax deductions,California real property tax,Federal transfer taxes,gift tax,estate tax,generation-skipping transfer tax.

2020 Silicon Valley Bar Assn Annual Update (Silicon Valley Bar Assn)

Topics covered:

COVID and remote working,Zooming,the new normal: 2020 Recent development and post-election planning.

Fee Arbitration (California Bar Assn)

Topics covered:

Writing an enforceable award, Statute of limitations, effect of conflicts of interest, Arbitrator disclosure requirements, Controlling the proceeding.

**Settlor Incapacity: The New World Of Trust Administration (Panelists: Scott A. Fraser, James Cummins, And Ryan Cunningham)**

I. DETERMINING CAPACITY a. What is Capacity?

i. Capacity1. Capacity is a clinical assessment.

Capacity is the ability to take information, understand the ramifications of that information. ii. Competency
Competency is a legal assessment.
Competency proceedings, such as guardianship and conservatorship hearings, are conducted to allow the court to determine an individual’s mental capacity. b. Modern Capacity Standard c. Definition/Capacity standards i. Capacity Standards d. Diagnoses of Cognitive Decline