For Counsel
Effective Mediation Advocacy
Learn what leading mediators say differentiates advocates who get the best outcomes for their clients and those who don't.
For the lawyer, the skills and the preparation for mediation are different than for the courtroom - understanding how different is the trick
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New Ways to Work with Emotional Parties
0-60 escalation. Rants. Parties who are like talking to a wall. Perhaps these exasperating parties are experiencing a brain malfunction—that can be fixed. Watch the video
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Negotiation in Mediation
At the heart of every mediation is the negotiation of differences between the parties - to negotiate well you need what I call a strategic approach. Click here to listen to Harvard's brightest talk about business negotiations and responding to threats at the bargaining table
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Tools to Give to Clients
Want your clients to provide clear mediation instructions, consider what is really important to them and have a realistic grasp on what is possible at the mediation ? These tools may help
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Risk Analysis
You can only negotiate well if you have an understanding of all the (legal and non legal) risks going forward
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The 'if' Word
To use ‘if’ successfully, do so with precision and incisiveness. Remember, ‘if’ can be used to ‘heat’ up, or ‘cool’ down a negotiation. Be perceptive to the psychological ‘temperature’ of the negotiation and adjust your mental thermostat and that of the other negotiator appropriately. Do so based on the direction you’d like your ‘if’ query to take you … and everything will be right with the world.
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Preparing a Position Statement
The written position statement, simultaneously exchanged shortly prior to mediation, is the opportunity for each party to set out its primary position in relation to the issues that are likely to arise for discussion at the mediation. Its purpose is to explain the case to the opposing decision maker(s) and to persuade them why they should seek to resolve it and presents a valuable opportunity to speak directly to the decision makers.
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Preparation for Mediation
"As the sun begins to inch below the western horizon, everybody in the mediation understands that it's time to stop the blustery tirades against "injustice," time to make a deal, time to let today become the first day of the rest of their lives..."
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The Relationship Between Counsel, Mediator & Client
The tricky matter of how a commercial mediator shows respect for the attorney/client relationship...
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