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

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. 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. 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. 




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. 





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. 


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. 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. 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. 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. 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. “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