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Mediation Advocacy: 20 Common Errors

Instructor(s): Tom Arnold Tom Arnold
Cost: $40.00
Course Media Type: Text


Course accreditations:
 State   Total Credits   Ethics   Other Credit Types   Expires 
California10N/A12/31/2015
Other States: AZ, CA, CT, DC, HI, MD, MA, MI, MO, MT, NJ, ND, SD, WV


This course discusses twenty common errors attorneys make in mediation advocacy. Topics include: client preparation, attorney preparation, opening statements, perceptions, motivations and more.

Course Table of Contents

I. Introduction

II. Twenty Common Errors In Mediation Advocacy

1. Wrong client in the room
2. Wrong lawyer in the room
3. Wrong mediator in the room
4. Wrong case
5. Omitting the client prep
6. Poor Lawyer Prep, e.g. Failure to use advocacy tools to sell effectively
7. Wrong entrance into the mediation room
8. Opening statements to the mediator as to a judge or jury, rather than to the other party and counsel
9. The client at center of the process; show off a good witness
10. Failure to let a sympathetic or good-witness client open for herself
11. The time for the mediation; flexibility in needed discovery
12. Failure to listen to the other side
13. Perceptions, Motivations
14. Hurt, humiliate the adversary, threaten and deliver ultimatums? Of course not.
15. Close too fast to the bottom line; “the dance”
16. The backwards step
17. Too many people
18. Failure to truly close the deal
19. Confidentiality
20. Patience, perseverance
III. Mock Mediation?

IV. What is a dispute?


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