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Special Tips for Representing Parties in Mediation

1h 3m

Created on October 27, 2015

Advanced

Overview

With the advent of mediation in nearly every area of civil dispute resolution – from patents, trademarks and copyrights to securities and real estate; from insurance and reinsurance coverage to personal injury and property damage; from post M&A claims for breach of representation and warranty to the host of business, commercial and employment disputes – it behooves litigators and corporate counsel to be adept in using the mediation process.  

 

Many counsel are already familiar with “win/win” negotiation theory and have a decent general sense of the theory and practice of mediation. Here, Simeon H. Baum, President of Resolve Mediation Services, Inc., moves from general theory and process frameworks to offer special tips to counsel who represent parties in mediation. The practical approach in this program can stimulate reflection on each practitioner’s approach to negotiation and counseling in the mediation setting. Counsel can gain sensitivity to the impact of tone, phrasing and other levers that escalate or de-escalate conflict and engender understanding and dealmaking.  

 

This course contains tips on preparation for mediation, guiding one’s client, and relating to the mediator, other counsel and the negotiating counterparties. There are tips on identifying and using leverage, building trust and cultivating a constructive relationship, and handing interparty dynamics. Further tips are offered on developing a game plan, handing proposals, using and responding to brackets, and understanding messages conveyed by dollars. Mr. Baum also adds unique insights applying Tai Chi principles to representation in mediation and highlighting the power of moral force.  

 

Learning Objectives:

I.        Effectively prepare:

  • The client
  • Pre-mediation statement
  • Pre-mediation communications with the mediator
  • Developing a game plan
  • Process design

II.       Develop tools for effective communication

III.      Value and build trust

IV.      Understand the levers of conflict escalation and de-escalation

V.       Appreciate tips on Joint Session and Caucuses

VI.      Catch cognitive barriers to effective decisionmaking

VII.     Make the best use of the mediator

VIII.    Identify Tai Chi tips for negotiators in mediation

IX.      Grasp the power of moral force

X.       Operate the Spigot of Disclosure and the uses of information in mediation

XI.      Acknowledge the importance of leverage

XII.     Design and communicate proposals and dollars

XIII.    Appropriately use risk analysis tools

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