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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