Effective Mediation Advocacy: Skills and Strategies for Litigators Presented by the New York City Bar Alternative Dispute Resolution Committee
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.
Program Agenda12:00 pm – 12:05 pm | Introduction
- Objectives of Mediation
- Exploring “Advocacy” in Mediation
- Deciding When or Whether to Mediate
- Choosing a Mediator
- The Pre-Mediation Call
- Mediation Statements
- Preparing to Mediate
- Educating Your Client
1:00 pm – 1:50 pm | Effective Advocacy at the Mediation Session
- The Joint Session
- Do’s and Don’ts of Negotiation: Strategies for the Bargaining Table
- Breaking Impasse
- Working Effectively with the Mediator
- Ethical Considerations and Pitfalls
- Post-Session Follow-Up
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About JAMS – Local Solutions. Global Reach.TM
Founded in 1979, JAMS is the largest private provider of alternative dispute resolution services worldwide. JAMS successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. JAMS offers customized, in-person, virtual and hybrid dispute resolution services through a combination of first class client service, the latest technology, top-notch facilities, and highly trained mediators and arbitrators. More information about JAMS is available on our About Us page, and you can connect with us on Twitter, LinkedIn, Facebook as well as our JAMS ADR blog.
DATE & TIME
Friday, September 17, 2021
12:00 PM (EST)
Friday, September 17, 2021
02:00 PM (EST)
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New York: 2.0 Skills Credits; New Jersey: 2.2 General Credits; California: 2.0 General Credits; Pennsylvania: 1.5 General Credits; Connecticut: Available to Licensed Attorneys. This program provides transitional/non-transitional credit to all attorneys.