Let Upchurch Watson White & Max founding partner John Upchurch help you connect the dots for an efficient and productive mediation. It may involve building a better foundation, tearing down some walls and an overall vision for the end game. Whatever your concern, John will guide you through his recommended blueprint for success in a complimentary Webinar that was originally presented June 23, 2014. You can still see it and claim CLE credit by watching on YouTube: http://youtu.be/0kI7eiK_H08

1. 1
Upchurch Watson White & Max
Mediation Group
and the University of Florida
Levin College of Law
Institute for Dispute Resolution
are proud to cosponsor today’s Webinar:
Getting Ready to Mediate:
A Blueprint for Success

2. Our moderator,
Sandy Upchurch
Mediation
Counsel
Upchurch Watson
White & Max
supchurch@
uww-adr.com
uww-adr.com
Our presenter,
John Upchurch
Principal
Upchurch
Watson White &
Max
jupchurch@
uww-adr.com
uww-adr.com
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3. Getting Ready
to Mediate
A Blueprint for Success

4. Setting the Stage
Advance Planning and
Preparation Are Key
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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5. Have a Written Plan
O Analogous to “Trial by Notebook”
O Detailed checklists for each element
O You wouldn’t show up for trial without
careful, thoughtful preparation for each
stage
O Same rationale applies to mediation

6. Mediator Selection
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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O Subject matter expertise? Necessary?
O Reputation/references
O Training/certification
O Credibility; gravitas
O Availability; facilities, cost

7. The Advocate’s Preparation
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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Prepare the client
Prepare the mediator
Prepare adversary

8. Opposition Research
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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The client
• Personality type?
• Business or financial issue?
• Opportunity to expand pie?
Opposing
counsel
• Experience?
• Reputation?
Interests
• Financial
• Other

9. Consider mediator involvement
during pre-mediation stage
ODiscovery issues – prod opponent
OEncourage sufficient preparation;
attendance by parties with authority
OInvite pre-mediation oral briefings;
discuss sensitive personality issues
privately
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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10. Prepare Mediation Summary
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
10
Determinepurpose
• Educate
mediator
• Inform
client
• Influence
opposition
• Shape
negotiations
Determinerecipients
• Limitations
on
publication
• Confidential
addendum?
• Lost
opportunity
to advocate
if kept
confidential
Plancontent
• Orient
mediator …
• Be objective
…
• Demonstrate
mastery …
• Disclose
history …
• Decide
timing …

11. More on mediation summary
Orientation:
Identify
Obstacles
Personality
issues
Insurance
issues
Objectivity
Concise and
calm
Diplomatic
Avoid bombast
Timing
Opposing client
to review and
digest before
mediation?
Mediator
involved pre-
mediation?
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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12. GOALS
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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O Avoid Impasse by
Anticipating Pitfalls
O Success =Total
Elimination of
Roadblocks to
Settlement

13. Mediation Is the Process We
Use to Erase Obstacles
O Identify your impasse threats in advance
and work to overcome them at the
mediation.
O Use this analysis in dealing with your
client, your adversary and the mediator.

14. Factors Causing Impasse
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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O Lack of authority
O Greed, revenge,
ill feelings
O Urge to punish
O Party cannot
let go of case
O Absent stakeholder
O Unrealistic
expectations
O Collection problems
O Discovery unmet; too
early

15. More from the partial list
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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O Lawyer milking file
O Unexpected increase in
demand
O Principal at stake/
fear of bad
precedent
O Liens
O Mediator's frustration
O Unexpected time
restraint
O Jealousy among
co-parties: "Looking
sideways"

16. Prepare Your
Introductory
Themes
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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• Opening Presentation
• Messages through
Mediator

18. Suggest:
“Go to
the
balcony”
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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21. Parties decide; lawyers advise
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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22. Concede both
sides will
probably have to
lower
expectations
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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23. Avoid emotional paralysis;
warn of arduous
bargaining process
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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24. 1) Win-Win
2) Lose-Lose
Or 3) "We can live with"–
“We can live with”
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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25. We can be creative; go beyond
relief available through court
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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26. Mediation is an exercise in
diplomacy; not warfare
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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27. difficult to follow with
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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You're a liar
and a
cheat!
Would you
be willing
to_____?

28. Emphasize relief/freedom
from heartache and worry
-- priceless
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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29. Emphasize power vested in
clients; fail to settle, then that
power is transferred
Getting Ready to Mediate: A Blueprint for Success © John J.
Upchurch
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30. “Getting Ready to
Mediate: A
Blueprint for
Success”
Florida Bar Course #
1404207N
CLE Credits
General: 1.0
Thank You
For Joining Us.
Upchurch Watson White & Max Mediation Group
Daytona Beach  Maitland/Orlando  Jacksonville  Miami  Fort Lauderdale/Plantation  West Palm Beach
Please email cklasne@uww-adr.com with questions about course number, Webinar recording, etc.
Please contact John at
jupchurch@uww-adr.com
with questions or
comments regarding
content.
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