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Mediation can be an effective and efficient solution for dispute resolution, if done the right way. Our expert faculty will explore advanced strategies and tips for lawyers representing parties in a mediation. The discussion will also include helpful insights from the mediator's side, as our faculty serve as mediators, in addition to representing clients in mediations. This program focuses on strategies for when the mediation is in session. Topics discussed include, opening remarks by counsel, mediator's opening, client's opening, joint session, caucus or hybrid approach, memorandum of understanding, settlement/no settlement and finalizing the agreement, among other subjects.
What You Will Learn
• Preparing Your Client for the In-Person Session: Explain the Process and Logistics, Generate Options and Think Creatively, Set Expectations, Prepare Strategy, Opening Remarks by Counsel and/or Parties, Attendees, Assess Options for Settlement
• In-Person Session: Mediator’s Opening, Joint Session, Caucus and/or Hybrid Approach, Counsel and/or Client’s Opening Remarks, Making the Most of the Mediator’s Approach, Term Sheet/Memorandum of Understanding, What Happens Next/Other Options if Settlement Not Reached
• Post-Session Tasks: Finalizing Agreements/Details