Mediation Advocacy

Mediation Advocacy Mediation Advocacy Effective Legal Representation In MediationEffective Legal Representation In Mediation

Presented By:

Sandra C. UpchurchSandra C. UpchurchMediation CounselMediation CounselUpchurch Watson White & MaxUpchurch Watson White & Max

Preparation is the KeyPreparation is the Key

Preparation Checklist

“Shape of the table”

Client

Mediator

Opening presentation

Caucus sessions

Settlement agreement

• “First to blink” syndrome

• Timing

• Selection of the mediator

Preparing the “Shape of the Table”

• Mechanics

• Authority Issues

Preparing the “Shape of the Table”

• Explain the process

Preparing the Client

• Explain the process

• Calm their fears

• Empower them with knowledge and information

• Insure their expectations are reality-based

• Learn their motivators

Preparing the Client

Preparing the Mediator

• Case summaries

• White papers

• Zingers

• The “all-impressive” notebook

Preparing A Quality Opening Presentation

• NEVER WAIVE OPENING REMARKS• First and only opportunity to address opposing party

• Establish theme of case• Be factual not argumentative or combative

• Be persuasive

• Be genuine• The “all impressive” power point presentation

Preparing for Caucus Sessions

• Don’t fall in love with your own rhetoric

• Actively participate in brainstorming

• Know your dollars and cents

• Explore non-monetary settlement options

Preparing the Settlement Agreement

• No surprises

• Special clauses

• Government approval process

• Necessary pleadings

• Authority Issues

• The “all-impressive” notebook computer

Sandra C. UpchurchMediation Counsel Upchurch Watson White & Max Mediation [email protected]

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Mediation Advocacy: Effective Legal Representation in Mediation

FL BAR COURSE # 9528-9 Maximum Credit 1.5 Hrs. General