Closing The Deal: Overcoming Apparent Impasses In A Mediation

MEDIATION ADVOCACY – STRATEGIES FOR SUCCESS, PART 3
Closing the Deal: Overcoming Apparent Impasses in a Mediation

This program is sponsored by the Subcommittee on Mediation Advocacy for Practitioners of the Dispute Resolution Section.

A three-part webinar CLE series providing practical strategies and techniques for successful client advocacy in mediation. A faculty of experienced lawyer-mediators will share their insights and offer practice tips for effective mediation, demonstrating the lawyering skills that are most likely to obtain better client outcomes but differ from what work in trial advocacy. The program is intended for litigation attorneys who are both new to and experienced with mediation as a dispute-resolution process. The entire series will be available as a bundle once the recordings are ready.

SPECIAL FEATURE: An optional live non-CLE breakout session is scheduled following the Day 3 session for attendees to collaborate in small groups with an experienced mediator addressing specific practice area issue.  Attendees of any session will be able to participate and to designate the area of law that most interests them.

Part Three of a Three-Part Series:

Part One: Preparing for Mediation: Your Clients and Yourself (Thursday, April 29, 2021)
Part Two: Effective Mediation Advocacy – Key Skills for Lawyers at the Bargaining Table (Thursday, May 6, 2021)
Part Three: Closing the Deal – Overcoming Apparent Impasses in a Mediation (Thursday, May 20, 2021)
If you missed any portions of this series, they will be available as a recording.

This session will address methods for redefining the issues, workable alternatives, and creative agreements to assist counsel and the parties to work through apparent impasses. The panel will address risk analysis to systematically assess the value to the client of the proposed resolutions, how to engage the mediator to foster outcomes more favorable to the lawyer’s client, the advisability and use of common impasse-breaking techniques (such, as a “mediator’s proposal”) and whether additional or continued mediation sessions are advised to reach a successful outcome.