Mediation Boot Camp (Archived Video Stream) 

Jun. 4, 2012
Toronto Online

ARCHIVED VIDEO STREAM

This archived video stream is for lawyers in their first 5 years of practice or intermediate lawyers looking to refresh and refine their mediation advocacy skills. The video will canvass the A to Z’s of the mediation process including preparation beforehand, client management, winning briefs, openings, effective negotiation strategy and how to best manage a failed mediation.

Program Chairs:     
Bernard Morrow, Morrow Mediation
Michael J. L. White, Borden Ladner Gervais LLP

Introductory Remarks

Killer Openings

  • Openings that work
  • How to effectively connect with the other side
  • Should we skip the opening and get right down to negotiating?
  • Common mistakes made in openings
  • Long or short? Carrot or stick?
  • Connecting with your audience
  • Demonstration and practical tips

Elizabeth Cummins Seto,Global Resolutions

Winning Briefs - Tips, Pitfalls and Persuasion

  • Effective written advocacy
  • Preparing yourself and your client
  • What to include / not include in your mediation brief?
  • Use of productions / demonstrative evidence at a mediation
  • How much to say about settlement / prior offers?

Peter Braund,York Street Dispute Resolution Group Inc.

Preparing for Mediation

  • Selecting the right mediator
  • Selecting an appropriate venue
  • Deciding how much time to book - half or full day?
  • Preparing your client for mediation
  • Planning for settlement discussions at mediation
  • Tips for settlement discussions prior to mediation

Robert Traves,Borden Ladner Gervais LLP

The Negotiation

  • Obtaining the best possible outcome for your client
  • Start low/ high? Cut to the chase?
  • Making the most of your time in mediation
  • Client management during mediation
  • Using the mediator to read the other side
  • Looking for the breakthrough or tipping point
  • Explaining the logic behind your offer
  • Do you or the mediator present your final offer?
  • Avoiding impasse
  • Closing the deal
  • Practical examples and discussion

Michael Schmidt, Benson Percival Brown LLP


Dealing with Ethical Issues for Counsel during Mediation

  • Misleading an opponent
  • Discouraging a client from participating in a mediation in good faith
  • Inadequate or improper preparation for mediation
  • Misleading the mediator prior to or during the course of mediation
  • Misleading a client regarding merits and/or prospects of settlement
  • Failure to communicate offers toa client
  • Failure to treat the other participants at the mediation with respect

Deborah C. Anschell, ADR Chambers
Bernard Morrow, Morrow Mediation


Failed Mediations and Winning Outcomes

  • Why do mediations fail?
  • How to make the most of your failed mediation?

Barry B. Fisher, Barry B. Fisher, Barrister, Arbitrator & Mediator

 

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    Cost
    For 1 to 3 Participants
    CBA Member: $145*
    Non-Member: $185*

    For 4 or more Participants
    CBA Member: $195*
    Non-Member: $250*
    E-Materials included in the registration fee
    *plus applicable taxes

    Not attending the program?
    The materials for this program are available to purchase on our Publications Store.  To order the materials for this program please click here.

 

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