Mediation

Mediation Advocacy

1. Mediation advocacy and trial advocacy require different skill sets.  Both require preparation, preparation, preparation.

2. Develop a strategic plan with settlement parameters and have realistic expectations.

3. Be prepared to react to developments at the mediation and flexible enough to revise your strategic plan as necessary.

4. Select the right mediator.  Mediation success rates go up when a good mediator manages the process.

5. Use opening remarks to set the tone of prepared advocacy with civility and respect.  The goal is not to prove right and wrong but to highlight the issues.

6. Direct comments to the participants rather than the mediator.

7. Put the mediation agreement in writing.

8. Remember that there are real people behind the issues, and be mindful that there is life after the closed case.

Send mail to settle-it@maxweissmediation.com with questions or comments about this web site.
Last modified: 03/08/10