Advocacy and Effective Preparation for Mediation

Mediation is generally thought about as a means of resolving labor management and international disputes, but it also has been used to settle contracts and interpersonal, human resource, and Equal Employment Opportunity (EEO) conflicts. Mediation involves the intervention of a neutral third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict.

Mediation sessions are private and confidential. Matters unique to the mediation discussion have been held by Federal courts to be privileged and inadmissible in any adversarial administrative or court proceeding with the exception of certain issues such as fraud, waste and abuse, or criminal activity. If a settlement was not resolved during a mediation session, and the dispute was litigated in any administrative or judicial proceeding, neither the mediator nor his/her notes can be subpoenaed by either party.

Attend this program and learn: the methods of preparation for upcoming mediations, including how to ready the case for resolution, preparing a complete submission to the mediator, being frank about weaknesses but also describing how you will overcome them, and preparing exhibits and displays; strategies for engaging in a professional and successful mediation; and several tactics which can right a mediation headed in the wrong direction.

Attorneys with minimal experience in Mediation or seeking a refresher are encouraged to attend this program.

Learning Objectives:

• Evaluate the method of preparation for upcoming mediations
• Explore the set of strategies for engaging in a successful mediation
• Investigate several tactics which can right a mediation headed in the wrong direction