Session Information

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Presenter: Patrick Jones, Esq. (Henning Mediation and Arbitration, LLC)

The term “midnight clause” refers to the dispute resolution clause in a contract, and in particular the arbitration clause. The name is well-deserved because all too often this clause is addressed at the end of the contract negotiations (and many times after midnight) as more or less an “afterthought,” with very little consideration given to the consequences. Unfortunately, there is no such thing as a “standard” or “boilerplate” arbitration clause, and each arbitration clause should be carefully drafted to fit the needs of the parties and the deal. Paying attention to dispute resolution issues at the time the contract is drafted can avoid costly surprises later on, when the ability of the now disputing parties to agree on anything has diminished significantly. It is a classic case of “you can pay me now or pay me later.” This presentation focuses on the causes and consequences of defective arbitration clauses, and provides a framework for drafting arbitration clauses that work.

Learning Objectives

This presentation focuses on the causes and consequences of defective arbitration clauses, and provides a framework for drafting arbitration clauses that work.

In-person attendees can join The Midnight Clause: From Darkness to Daylight in Room A:

2:15pm to 3:15pm

This session will NOT be live-streamed to virtual attendees.

The Midnight Clause: From Darkness to Daylight

1 hour of CE for registered neutrals (GA) & pending 1 CLE hour for Georgia attorneys, including 1 trial hour

Full Agenda

The program will run from 8:30 AM to 4:30 PM (full agenda outlined below)

Those attending via livestream will not have access to view sessions presented in Room A, but will have access to a recording of these sessions (and all others) during the month of December (2025). Those attending the conference in person will have a choice between thee breakout sessions, held at 10:00 AM, 1:00 PM and 2:15 PM. Like livestream attendees, a recording of all sessions will be available to in-person attendees for the month of December (2025).

Patrick Jones, Esq.

Having practiced law for over 40 years, Patrick G. Jones brings a unique and diverse background to Henning Mediation. This includes a CPA with a Big Eight accounting firm, a partner in three major law firms in Atlanta, and the General Counsel/CFO/head of investor relations of a public technology company. Pat has worked as a mediator and arbitrator since 2003 and returned to practicing law in 2007. He is also one of few people in the Southeast who has served as a Non-IRS Co-Mediator at the IRS Appeals level.

Time

7:30 am - 8:30 am

8:30 am - 8:45 am

8:45 am - 9:45 am

9:45 am - 10:00 am

10:00 am - 11:00 am

n/a11:00 am - 11:15 am

11:15 am - 12:15 pm

12:15 pm - 1:00 pm

1:00 pm - 2:00 pm

2:00 pm - 2:15 pm

2:15 pm - 3:15 pm

3:15 pm - 3:30 pm

3:30 pm - 4:30 pm

4:30 pm

Session(s)

Registration & Breakfast

Welcome and Program Overview

Understand/Manage High Conflict Personalities

Break

Applying the CARS Method in Dispute Res.

Break

Integrating AI Responsibly: The ASPEN Protocol

Lunch & Award Presentation

Hands-On with AI: Practical Tools for Mediation Professionals

Advanced Probate Issues: Beware of the Shadows

Break

Recent Updates to the Child Support Guidelines

Arbitration - Who decides?

Break

Ethics in Mediation

Closing

Continuing Education Information

Hands-On with AI is approved for 1 hour of CE for registered neutrals (GA) & 1 hour of CLE for Georgia attorneys (pending).

The total conference is approved for 6 hours of CE for registered neutrals and is approved by the State Bar of Georgia for 6 CLE hours, including ethics and trial credit.

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All CE for neutrals registered with the Georgia Office of Dispute Resolution will be automatically applied by December 1.

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Georgia Attorneys who purchase the appropriate ticket option will have CLE hours automatically reported to the State Bar of Georgia. The fee for CLE hours is included in the ticket price.

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Attorneys from states other than Georgia: Upon request, we will be happy to assist you with needed documentation to self-report hours to your local State Bar. Please reach out to us at adrinstitute@georgiacourts.gov.

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