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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 the steps parties should undertake when preparing for a mediation, including whether mediation is the right approach, mediator selection, establishing your case for potential mediation outcomes and crafting your pre-mediation statement.
What You Will Learn
• Determining When and If You Want to Mediate: Advantages and Disadvantages, Types of Disputes Appropriate for Mediation, Timing, Obligation to Inform/Discuss with Client, Agreement to Mediate - Confidentiality, Applicable Rules
• Selecting a Mediator: Mediator Style - Facilitative, Evaluative or Transformative, Credentials, Training and Experience, Subject Matter Expertise, Personality Traits, Selection Process
• Preparing Your Case for Mediation: Identify Your Client’s Interests, Establish Goals - BATNA, WATNA, LATNA, Pre-Mediation Calls with the Mediator (One-on-One or Joint) - Style, Case Analysis - Analyze the Case from Both Sides, Identify the Key Legal/Factual Issues, Strengths/Weaknesses, Potential Solutions - Economic, Non-Economic, Motivations/Impediments to Settle - Key Participants, Timing, Insurance Coverage, Information Exchange
• Pre-Mediation Statement: Tell a Story, Focus on Strengths, Clear and Concise Critical Points of Fact and Law, Procedural History and Prior Efforts at Settlement, Awareness that This May Be Other Parties’ First Look at Your Arguments, Where Statement is Confidential for Mediator Eyes Only Acknowledge Weaknesses, Potential Solutions - Economic, Non-Economic