mediation advocacy
DESCRIPTION
Don't just go through the motions at your next mediation - give your client a real advantage at the negotiation table using some tried and true techniques for mediation preparation but don't forget to throw in some 2010 presentation pizazz.TRANSCRIPT
Mediation Advocacy Mediation Advocacy Effective Legal Representation In MediationEffective Legal Representation In Mediation
Presented By:
Sandra C. UpchurchSandra C. UpchurchMediation CounselMediation CounselUpchurch Watson White & MaxUpchurch Watson White & Max
Preparation is the KeyPreparation is the Key
Preparation Checklist
“Shape of the table”
Client
Mediator
Opening presentation
Caucus sessions
Settlement agreement
• “First to blink” syndrome
• Timing
• Selection of the mediator
Preparing the “Shape of the Table”
• Mechanics
• Authority Issues
Preparing the “Shape of the Table”
• Explain the process
Preparing the Client
• Explain the process
• Calm their fears
• Empower them with knowledge and information
• Insure their expectations are reality-based
• Learn their motivators
Preparing the Client
Preparing the Mediator
• Case summaries
• White papers
• Zingers
• The “all-impressive” notebook
Preparing A Quality Opening Presentation
• NEVER WAIVE OPENING REMARKS• First and only opportunity to address opposing party
• Establish theme of case• Be factual not argumentative or combative
• Be persuasive
• Be genuine• The “all impressive” power point presentation
Preparing for Caucus Sessions
• Don’t fall in love with your own rhetoric
• Actively participate in brainstorming
• Know your dollars and cents
• Explore non-monetary settlement options
Preparing the Settlement Agreement
• No surprises
• Special clauses
• Government approval process
• Necessary pleadings
• Authority Issues
• The “all-impressive” notebook computer
Sandra C. UpchurchMediation Counsel Upchurch Watson White & Max Mediation [email protected]
Visit our web page at: uww-adr.com
Visit our blog at: uwwm.blogspot.com
Mediation Advocacy: Effective Legal Representation in Mediation
FL BAR COURSE # 9528-9 Maximum Credit 1.5 Hrs. General