Description
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