13 Sunday Nov 2016
Posted in Mediation, Negotiation Skills, Settlement
≈ Comments Off on What To Say and How to Say It When We All Can’t Get Along.
The Delicate Art of Confronting Offensive Speech, by Louis J. Sirico, Jr., Legal Skills Prof Blog
Whether you are negotiating a settlement, trying to calm a stressed-out client, or talking about the recent election season, this is good advice. -CCE
02 Friday May 2014
Posted in Brief Writing, Legal Argument, Legal Writing, Mediation
≈ Comments Off on Mediation and Settlement Presentation and Strategies.
The Best Strategies to Present Your Case In Mediation, by Derek Ryan, Cogent Legal Blog
Over the last 10 years, there’s been a significant shift in the way mediations are conducted. When I first started in the field, mediation briefs would come in via fax the night before the mediation. The mediator would begin the case with a joint conference where each side would make an opening statement, similar to trial, and after these openings the mediator would often have to spend the rest of the afternoon defusing the tension created by a joint conference.
There are two important aspects of developing presentations for mediation: (1) Communicate with the mediator before the mediation; and (2) develop a presentation that will inform but not inflame the opposing party. Remember that mediation is voluntary, and the goal is not to make the other side walk out. The goal is to get the case settled in the best way for your client.
In this blog post, I’ll cover several strategies to best present your case at mediation, including dos and don’ts for using graphics and technology to enhance your results. . . .
16 Sunday Feb 2014
Posted in Alternative Dispute Resolution, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit
≈ Comments Off on How Skillful Are You At Mediation?
Tags
Above the Law (blog), Alternative Dispute Resolution, Biglaw, Gaston Kroub, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit
Beyond Biglaw: Mediation Matters (Part 1), by Gaston Kroub, Above The Law Blog
Mediation. For some lawyers, it is a great way to spend a day; for others, it is an interminable bore, and ineffective to boot. It is easy to imagine that lawyers who have had successful mediation experiences are more likely to fall into the former category than the latter. What is more certain, however, is that mediation skills are increasingly important for a litigator to have, for a number of reasons. . . .
The Researching Paralegal 
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