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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 …

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.

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Transcript

  • 1. Mediation Advocacy Effective Legal Representation In Mediation Presented By: Sandra C. Upchurch Mediation Counsel Upchurch Watson White & Max
  • 2. Preparation is the Key
  • 3. Preparation Checklist
    • “ Shape of the table ”
    • Client
    • Mediator
    • Opening presentation
    • Caucus sessions
    • Settlement agreement
  • 4.
    • “ First to blink” syndrome
    • Timing
    • Selection of the mediator
    Preparing the “Shape of the Table”
  • 5.
    • Mechanics
    • Authority Issues
    Preparing the “Shape of the Table”
  • 6.
    • Explain the process
    Preparing the Client
  • 7.
    • Explain the process
    • Calm their fears
    • Empower them with knowledge and information
    • Insure their expectations are reality-based
    • Learn their motivators
    Preparing the Client
  • 8. Preparing the Mediator
    • Case summaries
    • White papers
    • Zingers
    • The “all-impressive” notebook
  • 9. 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
  • 10. 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
  • 11. Preparing the Settlement Agreement
    • No surprises
    • Special clauses
    • Government approval process
    • Necessary pleadings
    • Authority Issues
    • The “all-impressive” notebook computer
  • 12. Sandra C. Upchurch Mediation Counsel Upchurch Watson White & Max Mediation Group [email_address] 800.264.2622 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