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Mediation Advocacy: Strategies for Effective and Ethical Lawyering

Recorded on: Nov. 22, 2017
Running Time: 01:33:25

Full Transcript:



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One-Hour Briefing recorded November 2017

Mediation Advocacy: Strategies for Effective and Ethical Lawyering [01:33:24]

Good lawyering can advance a client’s objectives in mediation, but the advocacy skills needed are different from what works at trials and hearings.  This Briefing will identify strategies for getting better outcomes for clients in mediation, and doing so ethically.

Michael Starr of Holland & Knight LLP, who served, for the last 25 years, as a court-appointed mediator in the federal district courts, addresses, among other things:

 A.  Advocacy Skills:

  • How to communicate intransigence without scuttling the mediation
  • How to make the mediator an ally in advancing the client’s settlement objectives
  • How to use the mediator to communicate to the opposing party a range of acceptable agreement without committing your client to an offer that might be rejected

B.  Ethical Considerations:

  • What the line is between ethical posturing and unethical dishonesty
  • What special duties of candor, if any, a lawyer has to court-appointed mediators

Presentation Material

  • Mediation Advocacy: Strategies for Effective and Ethical Lawyering
    Michael Starr
  • Mediation Advocacy: Strategies for Effective and Ethical Lawyering
    Michael Starr
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