Moving Disputes from Litigation to Settlement: How to Engage in Successful Mediation (On-Demand)

Course Description

Dealing with a legal dispute can be daunting and expensive, whether it’s a divorce, a property issue, or a complex commercial litigation. The rising costs of litigation, the time involved in bringing a dispute from complaint to trial, and a reluctance to engage in lengthy trials, whether with a jury or not, have made mediation an increasingly popular option for resolving these disputes. A well-organized mediation process can enhance the likelihood of reaching a settlement, either during the session or through follow-up efforts. For practitioners of all degrees of experience, in this program discover effective strategies that will equip you with the knowledge and tools needed for a productive mediation process.

Principles

• Understanding Mediation as a Legal Process
• The Shift to Mediation
• Timing of When to Engage in Mediation
• Leveraging Strategic Opportunities
• Thorough Preparation for Mediation
• Using Concrete Evidence in Negotiations
• How to Proceed in Mediation Sessions

Syllabus

1. Understanding Mediation as a Legal Process
   • Definition and role of a mediator in facilitating dispute resolution
   • Importance of mediation as part of Alternative Dispute Resolution (ADR)
2. The Shift to Mediation
   • Factors driving the popularity of mediation in today’s legal landscape
   • Benefits of mediation over traditional litigation
3. Timing of When to Engage in Mediation
   • Importance of initiating mediation early if possible
   • Factors which influence timing
4. Leveraging Strategic Opportunities
   • Utilizing pending dispositive motions to enhance settlement discussions
   • Clarifying misunderstandings to improve negotiation outcomes
5. Thorough Preparation for Mediation
   • Key elements of effective case preparation
   • Importance of understanding facts, timeline, and financial implications
6. Using Concrete Evidence in Negotiations
   • How to ground settlement offers in specific damages
   • Strategies for adjusting offers based on comparative fault
7. How to Proceed in Mediation Sessions
   • The importance of a Mediation Agreement
   • Whether to engage in joint sessions and how to handle
   • Building goodwill and demonstrating empathy during discussions
   • How to engage with the Mediator toward a constructive process