Best Uses of PowerPoint at Mediation

Welcome to Today’s Webinar!

Our presentation ~

MEDIATION ADVOCACY:

PUTTING THE POWER

IN POWERPOINT is scheduled to begin at 10 a.m.

Please Stand By

Upchurch Watson

White & Max

is proud to sponsor

today’s Webinar,

“Mediation Advocacy:

Putting the Power in

PowerPoint” with the

University of Florida

Levin College of Law

Institute for Dispute

Resolution.

May 7, 2013

Mediation Advocacy: Putting the Power

in PowerPoint 2

Mediation Advocacy: Putting

the Power in PowerPoint

With Sandra C. Upchurch

of Upchurch Watson White & Max

and Edward H. Thompson

of Seipp, Flick & Hosley, LLP

WHEN TO USE IT

PowerPoint

May 7, 2013 4


in PowerPoint

Common formats for the

mediation opening statement

Purely verbal presentation

Verbal presentation with

“old school” visual aids

Video production

Multimedia presentation with

electronic presentation program

(PowerPoint)

May 7, 2013 5


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PowerPoint should ENHANCE your presentation

not BE your presentation.

May 7, 2013 6


in PowerPoint

WHY TO USE IT

PowerPoint

May 7, 2013 7


in PowerPoint

Why PowerPoint?

Easy, economical, flexible.

Effectively communicate your message.

Lawyer can adjust tone, content, and

pace according to circumstances.

Essential for telephonic/web-based

mediations.

Showcases your skills.

May 7, 2013 8 Mediation Advocacy: Putting the Power

in PowerPoint

Target audience

Opposing party

Opposing counsel

/ sophisticated

party

Mediator

May 7, 2013 9


in PowerPoint

Why use PowerPoint?

The mediator’s perspective:

It’s your only opportunity to address and

persuade opposing party – don’t waste it.

To help explain

something better –

sometimes a picture

is worth a thousand

words.

May 7, 2013 10


in PowerPoint

Effective uses of PowerPoint

The mediator’s perspective:

Deposition testimony

Timelines

Photographs

Maps

Diagrams

Jury forms/instructions

Verdict form

May 7, 2013 11


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THE LITIGATOR’S

PERSPECTIVE

Why Use PowerPoint?

May 7, 2013 12


in PowerPoint

HYPOTHETICAL CASE:

DOE V. STARCAR CORP.

Auto Products Liability/

Crashworthiness Defect Allegation

May 7, 2013 13


in PowerPoint

Part 1:

Setting the tone with

the opposing party

May 7, 2013 14


in PowerPoint

PART 1:

SETTING THE TONE WITH THE

OPPOSING PARTY

WATCH FOR

THE SUBLIMINAL

MESSAGES

May 7, 2013 15


in PowerPoint

JOHN DOE V. STARCAR

CORPORATION

Mediation

May 7, 2013

Privileged & Confidential

May 7, 2013 16


in PowerPoint

THIS CASE IS NOT ABOUT

SYMPATHY

StarCar deeply regrets that Mr. Doe was

injured

However:

StarCar didn’t cause crash

StarCar didn’t cause injuries

Juries understand: sympathy does not

equal liability

17 May 7, 2013


in PowerPoint

PLAINTIFF’S BURDEN OF

PROOF

You must prove that the subject StarCar

Sedan was:

Defective and

Unreasonably dangerous and

Defect caused Mr. Doe’s injuries

Unanimous verdict required

May 7, 2013


in PowerPoint 18

FIRST QUESTION THE JURY

WILL ANSWER:

WAS THERE A DEFECT IN THE

SUBJECT STARCAR SEDAN THAT WAS

A CAUSE OF THE PLAINTIFF’S

INJURIES?

__ YES

__ NO

19 May 7, 2013


in PowerPoint

IF THE ANSWER TO THE FIRST

QUESTION IS “NO”…

…then the verdict is for StarCar and the jury

will not answer any questions about

damages

20 May 7, 2013


in PowerPoint

PART 1 CONTINUED:

SETTING THE TONE

Subliminal Messages

to the Opposing Party

May 7, 2013 21


in PowerPoint

Subliminal Messages to

Opposing Party

I KNOW YOU’RE

ANGRY AND

HURTING

May 7, 2013 22


in PowerPoint


Opposing Party

MY CLIENT ISN’T THE

REASON WHY

May 7, 2013 23


in PowerPoint


Opposing Party

MY CLIENT WILL

SETTLE FOR A

REASONABLE

AMOUNT TODAY

May 7, 2013 24


in PowerPoint


Opposing Party

OR WIN A DEFENSE

VERDICT AT TRIAL

May 7, 2013 25


in PowerPoint


Opposing Party

SO PLEASE BE

REASONABLE

May 7, 2013 26


in PowerPoint

Part 2:

Getting opposing counsel’s

attention

May 7, 2013 27


in PowerPoint

PART 2

Getting opposing counsel’s

attention

(or the attention of the

sophisticated opposing party)

May 7, 2013 28


in PowerPoint

NOT-SO-SUBLIMINAL

MESSAGES TO OPPOSING

COUNSEL

May 7, 2013 29


in PowerPoint

YOU’VE HIT MY CLIENT

HARD IN THE PAST

BUT THIS TIME YOUR

CASE IS LOUSY

AND YOU KNOW IT

AND I KNOW IT

May 7, 2013 30


in PowerPoint

AND MY CLIENT

KNOWS IT

AND YOUR CLIENT IS

ABOUT TO KNOW IT

May 7, 2013 31


in PowerPoint

AND IF YOU REALLY

BELIEVE OTHERWISE,

WATCH THIS

May 7, 2013 32


in PowerPoint

MR. DOE

CLAIMS VEHICLE WAS DEFECTIVE

BECAUSE IT FAILED TO PROTECT

HIM IN CRASH

CLAIMS HE WAS GOING 30 MPH

CLAIMS HE WAS WEARING HIS

SEATBELT

33 May 7, 2013


in PowerPoint

EVIDENCE SHOWS

VEHICLE WAS NOT

DEFECTIVE

MR. DOE WAS DRIVING HIS

VEHICLE AT LEAST 80 MPH

MR. DOE WAS NOT WEARING

HIS SEAT BELT

May 7, 2013


in PowerPoint 34

EVIDENCE SHOWS

VEHICLE WAS NOT

DEFECTIVE

May 7, 2013


in PowerPoint 35

EVIDENCE SHOWS

VEHICLE WAS NOT

DEFECTIVE

CONSIDER STARCAR SEDAN’S

NATIONAL TRIAL RECORD:

36 May 7, 2013


in PowerPoint

EVIDENCE SHOWS

VEHICLE WAS NOT

DEFECTIVE

CONSIDER STARCAR SEDAN’S

NATIONAL TRIAL RECORD:

40 DEFENSE VERDICTS

10 PLAINTIFF’S VERDICTS

May 7, 2013


in PowerPoint 37

EVIDENCE SHOWS

MR. DOE WAS DRIVING HIS

VEHICLE AT LEAST 80 MPH

PHYSICAL EVIDENCE

May 7, 2013


in PowerPoint 38

EVIDENCE SHOWS

MR. DOE WAS NOT WEARING

HIS SEATBELT

PHYSICAL EVIDENCE

EYEWITNESS TESTIMONY

May 7, 2013


in PowerPoint 39

WHAT HAPPENED

40 May 7, 2013


in PowerPoint

CRASH AT INTERSECTION

OF US 17 AND US 92

Plaintiff traveling westbound on US 92

toward intersection with US 17

Citrus carrier northbound on US 17

slowly rolls through red light

Plaintiff enters intersection and

collides with side of citrus carrier

41 May 7, 2013


in PowerPoint

FHP

Crash

Diagram

May 7, 2013 42


in PowerPoint

PHYSICAL EVIDENCE

DOES NOT LIE

CRASH DAMAGE PROVES VEHICLE SPEED WAS AT LEAST 80 MPH AT IMPACT.

May 7, 2013


in PowerPoint 43

STARCAR TESTED THIS MODEL VEHICLE IN A 30 MPH FRONTAL BARRIER CRASH TEST.

STARCAR

SEDAN: 30

MPH

FRONTAL

BARRIER

CRASH

TEST

May 7, 2013 44

Mediation Advocacy: Putting the

Power in PowerPoint

SUBJECT VEHICLE AFTER 80 MPH

CRASH WITH CITRUS TRUCK

May 7, 2013 45


in PowerPoint

PHYSICAL EVIDENCE

DOES NOT LIE, cont.

CONDITION OF DRIVER’S SEATBELT SYSTEM PROVES MR. DOE WAS NOT WEARING HIS SEATBELT

46 May 7, 2013


in PowerPoint

SEATBELT

JAMMED IN

STOWED

POSITION BY

CRASH

DEFORMATION

May 7, 2013 47


in PowerPoint

D-RING

ANCHOR

HARDWARE

NOT

DEFORMED

OR

DAMAGED

May 7, 2013 48


in PowerPoint

D-RING AND LATCH PLATE

SHEATHING UNMARKED

49 May 7, 2013


in PowerPoint

NO EVIDENCE OF LOADING

ON BUCKLE

May 7, 2013


in PowerPoint 50

WEBBING UNSTRETCHED

51 May 7, 2013


in PowerPoint

SEATBELTS: EYEWITNESS

TESTIMONY

Eyewitnesses to no seatbelt use:

Mary Roe

Sharon Roe

Robert Roe

52 May 7, 2013


in PowerPoint

Mary Roe Deposition

taken 12/17/12, page 60

Q. Did you see a seatbelt on the driver?

A. No.

Q. Did you unbuckle any seatbelt?

A. No.

Q. Did you cut any seatbelt off of him?

A. No.

53 May 7, 2013


in PowerPoint

PART 3

PowerPoint advocacy to the

mediator and via the mediator

54 May 7, 2013


in PowerPoint

Advocacy to the mediator

Deliver a separate PowerPoint

presentation to mediator rather than to

opposing party and counsel.

Builds credibility with mediator.

Encourages mediator to beat up on

your opponent, not you!

55 May 7, 2013


in PowerPoint

Advocacy via the mediator

Deliver opening statement PowerPoint

presentation to mediator rather than to

opposing party and counsel.

Mediator modulates message to

opponents according to circumstances.

Avoids conflict, promotes settlement.

56 May 7, 2013


in PowerPoint

PowerPoint: How to use it

Outline your speech first; then create your

PowerPoint

Consider sharing it in advance of

mediation

May 7, 2013 57


in PowerPoint

Some great PowerPoint tips

www.youtube.com/watch?v=MjcO2ExtHso

May 7, 2013 58


in PowerPoint

http://www.youtube.com/watch?v=MjcO2ExtHso

More PowerPoint tips

Emphasis should be what you are saying and how you are saying

it not the PowerPoint

No animation

Never turn your back on your audience

Go to black slide if no slide related to point you are making

Don’t exaggerate or overstate

You do not need a slide for every point you are making

Slides should be consistent with color, font, format, etc…

Always arrive early to test equipment

Call facility in advance to be sure equipment available

May 7, 2013 59


in PowerPoint

Final Points/

Suggestions/

Questions

May 7, 2013 60


in PowerPoint

THANK YOU FOR JOINING US!

MEDIATION

ADVOCACY:

PUTTING THE

POWER IN

POWERPOINT

Course #

1302767N

1.5 C.L.E.R.

uww-adr.com

www.law.ufl.edu/academics/

institutes/idr

Robin Davis, Director

[email protected]

Sandra C. Upchurch [email protected]

800-264-2622

Edward H. Thompson [email protected]

407-804-6201

http://www.law.ufl.edu/academics/institutes/idr





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Best Uses of PowerPoint at Mediation

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