Strategies for Advocacy in Modern Mediation

Why Attend?

• Learn what to consider in selecting a mediator.
• Compare the advantages and disadvantages of giving a Clopening in mediation.
• Hear the advantages and disadvantages of caucusing in private with the mediator.
• Understand how to interpret what the mediator is saying when the mediator says the opposition will not consider a particular demand.
• Persuade and yet create openings through use of problem-solving language for creative compromise.
• Get insights on how to counsel the client during the mediation.
• Find out how to deal with the emotional swings that are likely to occur during mediation.

Strategies for mediation always start with your analysis of what you need in your case. This analysis should guide your selection of the mediator and how they see their role. If the mediator is a traditional expert mediator (as most are, either because they know these cases and likely outcomes, or because they have a keen sense from former litigation experience or judicial experience about how a court will view your case), then you need to prepare, first as an advocate to persuade the court of the strength of your case. If you have chosen a problem-solving mediator, chosen to help the parties understand each other and then think creatively about how to solve an otherwise intractable case, then you will need to use strategies designed to problem-solve, making interest-based demands, and eschew position-bargaining and win-lose demands. You will need to learn the language of problem-solving that favors goal- or need-based presentations that create room for creative, even non-business solutions to otherwise difficult cases.

Wide use of mediation has resulted in a cacophony of experiences by parties often forced into using the process. How can today’s advocate sort out these different experiences and best enlist the mediation process to serve the goals and needs of their clients? Understanding negotiation theory will go a long way in helping the advocate manage the mediation process. It will also give the advocate more control over the process and help the client have a deeper understanding of both their own goals and needs but also of the risks of proceeding to litigation.

Topics covered include:

• Explaining the differences between problem-solving and adversarial negotiation
• Distinguishing strategy and style
• Considering case strategy when choosing a mediator
• Choosing language in Clopenings—language of persuasion versus opposition
• Moving from position bargaining to interest bargaining
• Making use of concessions, trades, and threats
• Using caucuses
• Walking out vs. creative problem-solving
• Bargaining hypothetically
• Counseling the client during mediation

ATTENDING IN PERSON?

The Bobzien-Gaither Education Center in Richmond/Innsbrook is our new state-of-the-art facility designed with your safety in mind. It features a Centurion air filtration system, which quickly and effectively eliminates viruses and bacteria. Additionally, the facility is thoroughly cleaned before each seminar, and face masks and hand sanitizer will be available.

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE^® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE^® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

Registration Deadlines:

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE^®.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

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Inclement Weather Policy and Updates.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Can’t Attend?

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