From Pit Bull to Poodle: Effective Mediation
Advocacy Styles (Plus the Answers to Other
Commonly Asked Mediation Questions...
Sandra Upchurch
Mediation Counsel
Upchurch Watson White & Max
supchurch@uww-adr.com
www.uww-adr.com

Look for fun facts an...
Effective Mediation Advocacy Styles (Plus the Answers
to Other Commonly Asked Mediation Questions)

For every new “Like” o...
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






What happens at mediation?
How should I prepare for mediation?
Explain bracketing
What are the pros/cons of b...
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How important is my opening?
To whom do I address my opening?
How much information should I include in my
...
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How should I deal with an opposing counsel who
refuses to negotiate or would rather litigate every
case?
What san...
How can I deal with the unrealistic expectations
of my client?
 TIP: DO NOT ALLOW THEM TO FOSTER
UNREALISTIC EXPECTATIONS...
How can attorneys work through potential
impasse? TIPS:
 SUGGEST BRACKET
 SUGGEST A CAUCUS WITH OPPOSING
COUNSEL
 REQUE...
How can I get the get most out of the mediation
process? TIPS:
 MEDIATION IS PRODUCTIVE EVEN IF NO SETTLEMENT
 YOU HAVE ...
TIP: UWWM has numerous complimentary
CLE alternative dispute resolution
webinars available on-demand at its
website – UWW-...
“From Pit Bull
to Poodle”
Florida Bar
Course #

1308400N
1.0 General
CLE Credits
0.5 Ethics
1.0 Civil Trial

Please contac...
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Mediation Advocacy and Answers to other Common Mediation Issues

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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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Mediation Advocacy and Answers to other Common Mediation Issues

  1. 1. 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
  2. 2. Sandra Upchurch Mediation Counsel Upchurch Watson White & Max supchurch@uww-adr.com 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
  3. 3. 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.
  4. 4.      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? TIP: Match your mediator to your client What is anchoring? 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 4
  5. 5.       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
  6. 6.    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
  7. 7. 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
  8. 8. 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 8
  9. 9. 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
  10. 10. TIP: UWWM has numerous complimentary CLE alternative dispute resolution webinars available on-demand at its website – UWW-ADR.com. From Pit Bull to Poodle © Upchurch Watson White & Max 10
  11. 11. “From Pit Bull to Poodle” Florida Bar Course # 1308400N 1.0 General CLE Credits 0.5 Ethics 1.0 Civil Trial Please contact Sandy at supchurch@uww-adr with questions or comments regarding content. Upchurch Watson White & Max Mediation Group uww-adr.com Please email cklasne@uww-adr.com with questions about course number, Webinar recording, etc. Daytona Beach  Maitland/Orlando  Jacksonville  Miami  Fort Lauderdale/Plantation  West Palm Beach From Pit Bull to Poodle © Upchurch Watson White & Max 11
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