mediation advocacy and answers to other common mediation issues

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From Pit Bull to Poodle: Effective Mediation Advocacy Styles (Plus the Answers to Other Commonly Asked Mediation Questions) From Pit Bull to Poodle © Upchurch Watson White & Max 1

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Upchurch Upchurch White and Max Mediation Group through mediator Sandy Upchurch provides an opportunity for lawyers to gain insight into commonly asked questions about mediation and litigators' styles of mediation advocacy

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Page 1: Mediation Advocacy and Answers to other Common Mediation Issues

From Pit Bull to Poodle: Effective Mediation Advocacy Styles (Plus the Answers to Other

Commonly Asked Mediation Questions)

From Pit Bull to Poodle © Upchurch Watson White & Max 1

Page 2: Mediation Advocacy and Answers to other Common Mediation Issues

Sandra Upchurch Mediation Counsel Upchurch Watson White & Max

[email protected] www.uww-adr.com

Look for fun facts and tips throughout the presentation, such as:

Sandy and Young Lawyers Division Past President Sean Desmond both went to Boston College for their undergraduate studies.

From Pit Bull to Poodle © Upchurch Watson White & Max 2

Page 3: Mediation Advocacy and Answers to other Common Mediation Issues

Effective Mediation Advocacy Styles (Plus the Answers to Other Commonly Asked Mediation Questions)

For every new “Like” on the UWWM Facebook page and every new “Follow” for UWWM on LinkedIn, UWWM is donating $5 to The Florida Bar’s Wm. Reese Smith, Jr. Leadership Academy.

Page 4: Mediation Advocacy and Answers to other Common Mediation Issues

What happens at mediation?

How should I prepare for mediation?

Explain bracketing

What are the pros/cons of being the first to suggest a bracket?

What is anchoring?

TIP: Match your mediator to your client and/or case. Who will

relate best to your client or the facts of

their case?

From Pit Bull to Poodle © Upchurch Watson White & Max

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Page 5: Mediation Advocacy and Answers to other Common Mediation Issues

How important is my opening? To whom do I address my opening? How much information should I include in my

opening? Should I use PowerPoint and, if so, what is most

effective use? When should I waive opening comments? What is best style or approach for

my opening? Should I be pit bull or poodle?

From Pit Bull to Poodle © Upchurch Watson White & Max 5

Page 6: Mediation Advocacy and Answers to other Common Mediation Issues

How should I deal with an opposing counsel who refuses to negotiate or would rather litigate every case?

What sanctions are available if opposing counsel refuses to participate? (ex: refuses to speak. REALLY???)

How can I be sure the adjustor has authority to settle within my client’s range of settlement?

TIP: Don’t allow your body language during opening comments to send a message of ambivalence. Stay engaged to invite subsequent negotiations to be productive.

From Pit Bull to Poodle © Upchurch Watson White & Max 6

Page 7: Mediation Advocacy and Answers to other Common Mediation Issues

How can I deal with the unrealistic expectations of my client?

TIP: DO NOT ALLOW THEM TO FOSTER UNREALISTIC EXPECTATIONS

TIP: Communicate with your mediator in advance of mediation. It can be an email, a phone call, a conference call,

a short letter or a more complex mediation summary or mediation

notebook. JUST DO IT!

From Pit Bull to Poodle © Upchurch Watson White & Max 7

Page 8: Mediation Advocacy and Answers to other Common Mediation Issues

How can attorneys work through potential impasse? TIPS:

SUGGEST BRACKET

SUGGEST A CAUCUS WITH OPPOSING COUNSEL

REQUEST A MEDIATOR’S PROPOSAL

TIP: Give your mediator a heads up before mediation regarding red flags in your case. This could be a particularly fragile client, a particularly thorny relationship, a time constraint for the day, etc…

From Pit Bull to Poodle © Upchurch Watson White & Max

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Page 9: Mediation Advocacy and Answers to other Common Mediation Issues

How can I get the get most out of the mediation process? TIPS:

MEDIATION IS PRODUCTIVE EVEN IF NO SETTLEMENT

YOU HAVE REALITY-TESTED WITH YOUR CLIENT

YOU HAVE THEORY-TESTED WITH THE MEDIATOR

YOU HAVE ROAD-TESTED YOUR CLIENT

YOU HAVE GAINED INSIGHT INTO OPPOSING COUNSEL’S APPROACH

UWWM proudly sponsors The Florida Bar’s annual convention every year. Please visit our booth June 25-28, 2014, at the Gaylord Palms in Orlando. (Sandy is the chairperson for the

2014 annual convention.) 9

Page 10: Mediation Advocacy and Answers to other Common Mediation Issues

From Pit Bull to Poodle © Upchurch Watson White & Max 10

TIP: UWWM has numerous complimentary CLE alternative dispute resolution webinars available on-demand at its website – UWW-ADR.com.

Page 11: Mediation Advocacy and Answers to other Common Mediation Issues

“From Pit Bull to Poodle”

Florida Bar Course #

1308400N

1.0 General CLE Credits 0.5 Ethics

1.0 Civil Trial

Daytona Beach Maitland/Orlando Jacksonville Miami Fort Lauderdale/Plantation West Palm Beach

Upchurch Watson White & Max Mediation Group uww-adr.com

Please email [email protected] with questions about course number, Webinar recording, etc.

From Pit Bull to Poodle © Upchurch Watson White & Max

Please contact Sandy at supchurch@uww-adr with questions or comments regarding content.

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