Speaker: Francis L. Carter, Esq.
Webinar Date: December 10th, 2020 @ 1:00 PM EST
Recording: Mediation Advocacy Skills
This purpose of this presentation is to teach mediation advocacy skills to litigators. Although there appears to be a seemingly infinite supply of educational resources devoted to teaching trial advocacy skills, ironically less than 2% of civil cases are resolved by an actual trial. Most jurisdictions require mediation before trial, resulting in settlement at the mediation conference more than 70% of the time.
Even where no settlement is reached, differences will usually be narrowed, resulting in further direct negotiations leading to settlement before trial. So pre-trial mediation has become a case dispositive proceeding. Yet many skilled and experienced litigators neither understand nor appreciate that mediation advocacy has a different purpose and requires a different skill set from courtroom advocacy. This presentation will help litigators improve their ability *torrepresent their cce*
This webinar will cover:
- Client expectations at mediation
- How to represent clients effectively at mediation
- How to prepare for a mediation conference
- Whom you should speak to in your opening statement
- What is the greatest fear of a negotiating party and how to handle it
- Common mistakes lawyers make in mediation
- Learn how the mediator can help you to reach a settlement
Francis Carter: A full time mediator in the Miami/Ft. Lauderdale area, has mediated more than a thousand commercial civil and bankruptcy cases, including, inter alia, contract, landlord/tenant, debtor/creditor, commercial fraud, business dissolution, and international business disputes. A graduate of the University of Pennsylvania and of the University of Virginia Law School, he is a Fellow of the American College of Bankruptcy and has been included in Best Lawyer in America since 1991. He is also a settlement counselor, serving as an advocate or consultant to assist litigation counsel in formulating settlement strategy and conducting settlement negotiations, as well as assisting in preparing for and conducting mediation negotiations before other mediators.