Effective Mediation Advocacy:
Skills and Strategies for Litigators
Thursday, December 6, 2018 | 6:00 p.m. - 8:00 p.m.
Prefer to view the live program? Please CLICK HERE.
Live Webcast: $149 for Members | $249 for Nonmembers
Small Law Firm: $79 for Members
Members who are Recent Law Graduates, Newly Admitted Lawyers (earliest
admission 2016-2018 in any state or country), In-House/Corporate
Counsel, Judges (and their staff), or attorneys that practice within the
Government, Academic or Not-for-Profit sectors attend this program for
NY: 2.0 Skills
NJ: 2.2 General
CA: 2.0 General
PA: 1.5 General
Please Note: Newly admitted NY attorneys cannot fulfill skills credits through our webcast programs since they are not considered “fully interactive videoconference” under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
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
Marc Isserles, Mediator and Arbitrator, JAMS
Sponsoring Association Committee:
Alternative Dispute Resolution, Charles M. Newman, Chair