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