Training & Events

Event Information:

• Thu

  19

  Jul

  2018

  Webinar: Effective Representation in Mediation & Negotiation

  1:00 PM to 2:15 PMClear Law Institute

  With the advent of mediation in nearly every area of civil dispute resolution – from patents, trademarks, and copyrights to securities and real estate; from insurance and reinsurance coverage to personal injury and property damage; from post M&A claims for breach of representation and warranty to the host of business, commercial, and employment disputes – litigators and corporate counsel need to be adept in using the mediation process.

  Many are already familiar with “win/win” negotiation theory and have a decent general sense of the theory and practice of mediation. However, in this practical webinar, you will receive special tips on representing parties in mediation. You will reflect on your current approach to negotiation and counseling in the mediation setting. You will gain sensitivity to the impact of tone, phrasing, and other levers that escalate or de-escalate conflict and engender understanding and deal-making. You will learn tips on preparation for mediation, guiding one’s client, and relating to the mediator, other counsel, and the negotiating counterparties. You will learn how to develop a game plan, analyzing and communicating strengths, risks, and transaction costs relating both to the case and the proposed deal, while handling proposals, using and responding to brackets, and understanding messages conveyed by dollars. You will learn how to apply Tai Chi principles to representation in mediation and highlighting the power of moral force.

  Upon course completion, you will be able to:
  •Effectively prepare for mediation, including:◦Preparation of your client
  ◦The pre-mediation statement
  ◦Pre-mediation communications with the mediator
  ◦Developing a game plan
  ◦Process design
  •Describe how to communicate effectively
  •Identify and use leverage to build trust and cultivate a constructive relationship, while handling interparty dynamics
  •Determine the impact of tone, phrasing, and other levers that escalate or de-escalate conflict and engender understanding and deal-making
  •Host joint session and caucuses
  •Catch cognitive barriers to effective decision making
  •Determine how to make the best use of the mediator
  •Use Tai Chi principles and the power of moral force in mediation
  •Determine how to operate the Spigot of Disclosure
  •Design and communicate proposals and dollars
  •Analyze Deal and Case strengths, risks, and costs
  •Appropriately utilize risk analysis

  For more information on, and to register for this webinar, please use the following link:

  Webinar: Effective Representation in Mediation & Negotiation