Effective Mediation Advocacy: Skills and Strategies for Litigators

This seminar led by JAMS Neutral Marc E. Isserles, Esq. will teach attendees how to effectively represent their 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.

Program Agenda

12:00 pm – 12:05 pm | Introduction

• Objectives of Mediation
• Exploring “Advocacy” in Mediation

12:05 pm – 12:50 pm | Effective Advocacy Before the Mediation Session

• Deciding When or Whether to Mediate
• Choosing a Mediator
• The Pre-Mediation Call
• Mediation Statements
• Preparing to Mediate
• Educating Your Client

12:50 pm – 1:00 pm | Break

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

1:50 pm – 2:00 pm | Q&A