Mediation Choices For Effective Advocacy 2018
Total Credits: 8.0 (Skills 7.0, Ethics 1.0)
This program was designed for in-house and outside counsel to learn how to optimize results from mediation. The panelists are experienced mediation advocates and mediators who will add tools to your mediator's toolkit.
Session 1: Preparing for Mediation and Selecting the Mediator
• Key Benefits of Mediation • Managing Client Expectations • Strategic Mediator Selection • Developing Mediation Strategy
Session 2: You Get Out of It What You Put Into It! – Mediation Preparation
• Developing strong pre-mediation checklists so as to prepare clients, adversaries, the mediator and most importantly, self. • Utilizing submissions and pre-mediation phone calls to give and get information, demonstrate strength and flexibility. • Using the joint session to set the foundation for the day and the resolution.
Session 3: Negotiating Within the Mediation
• Client counseling and role division • Adjusting the spigot of disclosure – delivering the right information at the right time in a well-crafted message • Building effective risk and transaction cost analyses
Session 4: Speed Bumps Along the Road to Resolution: Avoiding Impasse and Closing the Deal
Identifying stumbling blocks and redefining goals • Using arbitration techniques • Strengthening the mediator’s hand • Calling for a break • The terms and conditions of a binding MOU • Using the mediator to assist in drafting • Keeping everyone in the room until the sign off
How Mediation Works in Practice
• Building on the tools provided during the day • Mediating with lawyers you know versus those you do not – effect on the negotiation and your approach. • Balancing a desire not to be aggressive with the need to effectively convey your position • Change in negotiating tactics when in-house and outside counsel are present
Deborah Masucci, Esq.
Elizabeth Shampnoi, Esq.
Lauren J. Wachtler, Esq.
Robyn Weinstein, Esq.
James M. Wicks, Esq.
Krista Gottlieb, Esq.
Mark Morril, Esq.
Adam J. Halper, Esq.
Simeon Baum, Esq.
Ed Frischling, Esq.
Yun G. Lee, Esq.
Paul Sarkozi, Esq.
David M. Brodsky, Esq.
Stephen A. Hochman, Esq.
Michael Kreitman, Esq.
Barbara S. Mehlsack, Esq.
Darya Geetter, Esq.
Robert N. Holtzman, Esq.
Daniel F. Kolb, Esq.
Ethics and Professionalism Credit(s):