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Why You Should Attend:
This program will provide insights, from the perspectives of an experienced litigator and a mediator who practiced civil litigation for over 38 years, on how counsel can be a more effective advocate on behalf of their clients in mediation.
As more and more cases go to mediation, especially given court backlogs exacerbated by the pandemic, honing mediation advocacy skills are increasingly important. It's crucial to note that mediation advocacy skills differ distinctly from those expected of counsel in a litigation. This program explores those differences and best practices on how to approach mediation advocacy.
What You Will Learn:
- Reviewing the entire timeline of a mediation, beginning with whether and when to mediate
- Determining factors to consider in selecting a mediator
- Preparing for pre-mediation communications with the mediator
- Preparing effective written submissions
- Performing at the mediation itself (including the special circumstances of virtual mediation and dealing with impasse situations)
- Finalizing a settlement if the mediation reaches a resolution
- Understanding why all is not lost if the mediation session does not conclude with a settlement, including mediator follow-ups
Who Should Attend:
Lawyers engaged in mediations and alternative dispute resolution should find this program to be informative.
PLI’s Studio Briefings are on-demand video CLE programs that feature an intimate and engaging round table discussion format with legal and industry experts addressing a range of topics. Visit our landing page for our library of PLI Studio Briefings.