Improve your mediation advocacy skills with the ABA Business Law Section and CPR's Dispute Resolution Services - on demand! The below six brief episodes will guide you through a mediation, from start to finish: each episode brings you skilled practitioners who provide practical advice in 25 minutes or less.
The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services, and Rachel Gupta, Mediator and Arbitrator at JAMS, and also on CPR's Panel of Distinguished Neutrals. This podcast covers the skills business lawyers need to be successful advocates in mediation.
Episode 6: The Mediation Wishlist In the final episode of this series, experienced mediation practitioners will provide their “wishlist" for mediation from two distinct viewpoints: the client and the mediator. What circumstances create the optimal dynamic for a mediation? The speakers will explore key takeaways for the who, what, and how to maximize the chances of reaching an agreement in mediation. Guests: Cindy Randall of Microsoft and Jeff Kitchaven of Jeff Kichaven Commercial Mediation.
Episode 5: Impasse Breaking in Mediation Our speakers will discuss commonly used techniques for impasse breaking in mediation, including but not limited to, bracketing and mediator’s proposal, and will examine when and how to use these tools effectively. Guests: Noah Jonathan Hanft, of AcumenADR LLC, and Jennifer Lupo of Lupo Law.
Episode 4: Effective Mediation Advocacy This session will cover the types of attorney behaviors that are productive (and those that are counterproductive) in the mediation session, as well as practical tips from mediators for getting your adversary to move their position and how to keep building momentum. Guests: L. Tyrone Holt of The Holt Group LLC and Theodore K Cheng of ADR Office of Theo Cheng LLC.
Episode 3: Anchoring Strategy and Messaging in Mediation Distributive bargaining is a competitive negotiation strategy that is used to decide how to allocate available funds in mediations. The speakers will guide listeners in developing an anchor, a settlement range, and the strategy and messaging to achieve it. Guests: Joan Stearns Johnsen of University of Florida and Adrienne Publicover of JAMS.
Episode 2: Preparing for Your Mediation This episode talks about how preparing for the mediation is session key. It covers how to evaluate your case and determine an appropriate settlement range, how to consider and evaluate risks, and more. Guests: Sarah McAfee, General Motors and Erin Gleason Alvarez, Gleason Alvarez ADR.
Episode 1: What Is Mediation and When Should I Use It? This session will set up the basis of why and when to mediate, including the benefits of mediation, figuring out whether mediation is right for your dispute, selecting the right mediator and determining the right time to mediate.
Guests: Kate Gonzalez, Airbus and Chris McDonald, ADR Office of Chris McDonald.
This recording is part of The Advocate’s Toolbox podcast series from the American Bar Association's Business Law Section. For more podcasts from the ABA, visit Business Law Podcasts or find them anywhere you listen to podcasts.