Effective Mediation Advocacy: Skills and Strategies for Litigators (OnDemand)
Friday, September 17, 2021 | 12:00 pm - 2:00 pm
Program Fee:
$149 for Members | $249 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2020-2022), In-House/Corporate Counsel, Judges, and attorneys who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
CLE Credit:
New York: 2.0 Skills
New Jersey: 2.2 General
California: 1.5 General
Pennsylvania: 1.5 General
Connecticut: Available to Licensed Attorneys
Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
Description:
This seminar will teach you how to effectively represent your clients at
mediation. Litigators who come to a mediation with the primary goal of
convincing their adversary, or the mediator, that their client is
“right” tend to miss many of the opportunities mediation presents.
Effective advocacy in mediation requires much more than persuasive legal
argument. It requires an understanding of the objectives of mediation,
familiarity with the mediation process, and well-honed negotiation
skills. In this course, litigators will learn the “inside” view, from
the perspective of a mediator and ex-litigator, about how to be an
effective advocate at each stage of the mediation process. The topics
you will explore include: the decision whether and when to mediate;
selecting a mediator (e.g., mediator style; background); approaching
pre-mediation calls with the mediator; the opportunities and pitfalls of
the “joint session”; deploying negotiation skills at the bargaining
table; working productively with the mediator; ethical dilemmas in
mediation; and the importance of “follow-up” when the parties are unable
reach a settlement at the mediation session.
Click Here to View Program Agenda & Faculty
Program Instructor:
Marc Isserles, Mediator and Arbitrator, JAMS
Sponsoring Association Committee:
Alternative Dispute Resolution, Philip Goldstein, Chair