Effective Mediation Advocacy: Skills and Strategies for Litigators

Originally held on Friday, September 17, 2021 | 12:00 pm – 2:00 pm

Program Instructor:
Marc Isserles
Mediator and Arbitrator

  • This seminar will teach you how to effectively represent your clients at mediation. Litigators who come to a mediation with the primary goal of convincing their adversary, or the mediator, that their client is “right” tend to miss many of the opportunities mediation presents. Effective advocacy in mediation requires much more than persuasive legal argument. It requires an understanding of the objectives of mediation, familiarity with the mediation process, and well-honed negotiation skills. In this course, litigators will learn the “inside” view, from the perspective of a mediator and ex-litigator, about how to be an effective advocate at each stage of the mediation process. The topics you will explore include: the decision whether and when to mediate; selecting a mediator (e.g., mediator style; background); approaching pre-mediation calls with the mediator; the opportunities and pitfalls of the “joint session”; deploying negotiation skills at the bargaining table; working productively with the mediator; ethical dilemmas in mediation; and the importance of “follow-up” when the parties are unable reach a settlement at the mediation session.

    Program Fee:
    $149 for Members | $249 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • 12:00 pm – 12:05 pm

    • Objectives of Mediation
    • Exploring “Advocacy” in Mediation

    12:05 pm – 12:50 pm
    Effective Advocacy Before the Mediation Session

    • Deciding When or Whether to Mediate
    • Choosing a Mediator
    • The Pre-Mediation Call
    • Mediation Statements
    • Preparing to Mediate
    • Educating Your Client

    12:50 pm – 1:00 pm

    1:00 pm – 1:50 pm
    Effective Advocacy at the Mediation Session

    • The Joint Session
    • Do’s and Don’ts of Negotiation: Strategies for the Bargaining Table
    • Breaking Impasse
    • Working Effectively with the Mediator
    • Ethical Considerations and Pitfalls
    • Post-Session Follow-Up

    1:50 pm – 2:00 pm

  • New York: 2.0 Skills
    New Jersey: 2.2 General
    California: 1.5 General
    Pennsylvania: 1.5 General
    Connecticut: Available to Licensed Attorneys

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • Sponsoring Association Committee:
    Alternative Dispute Resolution, Philip Goldstein, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org