It is well-established that confidentiality and cost-savings motivate many individual and corporate clients to choose mediation rather than litigation. Limitations caused by the Covid-19 pandemic have not changed the fact that clients prioritize protecting their privacy and reaching a quick resolution over a potentially pyrrhic victory in court.

As virtual platforms like Zoom, GoToMeeting, and Microsoft Teams prove as effective as in-person mediations, lawyers must continue to develop their mediation advocacy skills and hone them for all environments, including in-person, virtual and hybrid proceedings. This article explores how to avoid making mistakes that create unnecessary challenges for mediators and can undermine, or even derail, the mediation process.

Most attorneys recognize that they need both litigation and mediation advocacy skills to meet client needs. While these skill sets overlap, some can be decidedly different. Recognizing those differences—and developing an advocacy approach to accommodate them—can determine whether you simply settle a case in mediation or settle for the best possible terms.

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