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The Queen’s Gambit for Mediation: Skills, Techniques, and Strategies for Seeing Three Moves Ahead
Litigation Section
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Effective representation of a client in mediation requires skills, strategies, and techniques that differ from those used in court. This program explores key elements for lawyers to consider in preparing for and participating in mediation, whether the session is conducted in person, on a virtual platform, or in a hybrid environment. Topics to be addressed include:- Understanding your case and developing a negotiation plan – positions, interests, and alternatives
- Choosing a mediator – stylistic differences beyond the false dichotomy of evaluative vs. facilitative mediators
- Customizing the mediation process – why pre-session calls with the mediator matter
- Selecting participants and preparing your client
- Advocating effectively in writing and orally
- Negotiating techniques and maintaining flexibility through the mediation
| 1.5 Participatory MCLE Credits |
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