How to Be Effective as Counsel at Mediation

While skilled litigation counsel love the thrill of arguing at trial, they also understand that resolution is almost always in their clients’ best interests. Mediation is a critical juncture in a case and often the best opportunity to achieve resolution. Used effectively, the mediation process serves as an opportunity to resolve a dispute after the parties have had time to understand their positions, but before they have incurred the bulk of the costs associated with taking a matter to trial. Seizing this opportunity is more important than ever, given that litigation is as costly and financially, mentally, and emotionally taxing as it has ever been.

• Learn how to draft persuasive mediation briefs that do not alienate opposing parties or hinder principled negotiation
• Find out how to understand the interests and goals behind a party’s position and engage in creative negotiations that narrow the goal posts for resolution
• Learn about the pitfalls and don’ts of mediation advocacy