Date post: | 18-Dec-2014 |
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From Pit Bull to Poodle: Effective Mediation Advocacy Styles (Plus the Answers to Other
Commonly Asked Mediation Questions)
From Pit Bull to Poodle © Upchurch Watson White & Max 1
Sandra Upchurch Mediation Counsel Upchurch Watson White & Max
[email protected] www.uww-adr.com
Look for fun facts and tips throughout the presentation, such as:
Sandy and Young Lawyers Division Past President Sean Desmond both went to Boston College for their undergraduate studies.
From Pit Bull to Poodle © Upchurch Watson White & Max 2
Effective Mediation Advocacy Styles (Plus the Answers to Other Commonly Asked Mediation Questions)
For every new “Like” on the UWWM Facebook page and every new “Follow” for UWWM on LinkedIn, UWWM is donating $5 to The Florida Bar’s Wm. Reese Smith, Jr. Leadership Academy.
What happens at mediation?
How should I prepare for mediation?
Explain bracketing
What are the pros/cons of being the first to suggest a bracket?
What is anchoring?
TIP: Match your mediator to your client and/or case. Who will
relate best to your client or the facts of
their case?
From Pit Bull to Poodle © Upchurch Watson White & Max
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How important is my opening? To whom do I address my opening? How much information should I include in my
opening? Should I use PowerPoint and, if so, what is most
effective use? When should I waive opening comments? What is best style or approach for
my opening? Should I be pit bull or poodle?
From Pit Bull to Poodle © Upchurch Watson White & Max 5
How should I deal with an opposing counsel who refuses to negotiate or would rather litigate every case?
What sanctions are available if opposing counsel refuses to participate? (ex: refuses to speak. REALLY???)
How can I be sure the adjustor has authority to settle within my client’s range of settlement?
TIP: Don’t allow your body language during opening comments to send a message of ambivalence. Stay engaged to invite subsequent negotiations to be productive.
From Pit Bull to Poodle © Upchurch Watson White & Max 6
How can I deal with the unrealistic expectations of my client?
TIP: DO NOT ALLOW THEM TO FOSTER UNREALISTIC EXPECTATIONS
TIP: Communicate with your mediator in advance of mediation. It can be an email, a phone call, a conference call,
a short letter or a more complex mediation summary or mediation
notebook. JUST DO IT!
From Pit Bull to Poodle © Upchurch Watson White & Max 7
How can attorneys work through potential impasse? TIPS:
SUGGEST BRACKET
SUGGEST A CAUCUS WITH OPPOSING COUNSEL
REQUEST A MEDIATOR’S PROPOSAL
TIP: Give your mediator a heads up before mediation regarding red flags in your case. This could be a particularly fragile client, a particularly thorny relationship, a time constraint for the day, etc…
From Pit Bull to Poodle © Upchurch Watson White & Max
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How can I get the get most out of the mediation process? TIPS:
MEDIATION IS PRODUCTIVE EVEN IF NO SETTLEMENT
YOU HAVE REALITY-TESTED WITH YOUR CLIENT
YOU HAVE THEORY-TESTED WITH THE MEDIATOR
YOU HAVE ROAD-TESTED YOUR CLIENT
YOU HAVE GAINED INSIGHT INTO OPPOSING COUNSEL’S APPROACH
UWWM proudly sponsors The Florida Bar’s annual convention every year. Please visit our booth June 25-28, 2014, at the Gaylord Palms in Orlando. (Sandy is the chairperson for the
2014 annual convention.) 9
From Pit Bull to Poodle © Upchurch Watson White & Max 10
TIP: UWWM has numerous complimentary CLE alternative dispute resolution webinars available on-demand at its website – UWW-ADR.com.
“From Pit Bull to Poodle”
Florida Bar Course #
1308400N
1.0 General CLE Credits 0.5 Ethics
1.0 Civil Trial
Daytona Beach Maitland/Orlando Jacksonville Miami Fort Lauderdale/Plantation West Palm Beach
Upchurch Watson White & Max Mediation Group uww-adr.com
Please email [email protected] with questions about course number, Webinar recording, etc.
From Pit Bull to Poodle © Upchurch Watson White & Max
Please contact Sandy at supchurch@uww-adr with questions or comments regarding content.
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