Optimizing You and Your Case for Mediation

Your client’s personal injury tort action is scheduled for mediation and that is good news. But what are your next steps to optimize that opportunity? What is your client’s BATNA?  This program will answer these questions and will offer key steps that you must take in advance of mediation, to prepare the case and your client, particularly in complex matters involving liens, infants and incapacitated persons or death actions. The panel will discuss topics from the point of interest of the lawyer, client and mediator or judge facilitating settlement discussion. You’ll gain insight about how to optimize your presentation of the case at mediation, including tips and strategies for managing conflict with your adversary, masterful listening and effective communication in order to optimize your opportunity for success at mediation.

Some of the topics are:

• Optimizing your communication with the mediator.
• Re-setting expectations with your client.
• Reframing your demands, options and reserve point.

As attorneys, we have three different audiences in a mediation: the client, opposing counsel, and the mediator. Attendees will find it useful to help clients fully express their underlying needs/concerns and to help better frame demands to address opposing counsel's interests.