Mediation Advocacy Course Preview MCLE Course
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Mediation Advocacy Course Preview MCLE Course

Hi my name is Kimberly Schreiber and I
am your trainer for the course entitled Mediation Advocacy. If you represent
clients during mediation it is very different than when you represent a
client that you’re going to take to trial. I’m going to go over some tips and
tricks and questions that you can go over with your clients to make you a
better attorney for representing clients during the mediation process. Stay tuned
for the preview… Welcome to mediation advocacy. Let’s look
at some characteristics of mediation advocacy. So first of all this is not
simply just arguing your case, you have to really think about things like being
persuasive to the other side. When you are an advocate in mediation the goal is
normally settlement, you want to settle this case, you don’t want to try this
case. So there are several phases when you are representing a client at
mediation. The first phase is the pre- mediation phase ,what do you do to
prepare before you even go to mediation. The second phase that we’re gonna look
at is Opening Statements. Should you do them, how should you prepare for them, how
do you prepare your client for them, all of that. The next phase could be a joint
session. So that’s where all the parties and the mediator are all meeting
together. The next phase could be a caucus session. Your mediator may or may
not call for a caucus and we’ll talk about what caucus is, when it’s
appropriate and how you, as the attorney, could call for a caucus and be prepared
for that and how to use that effectively. The next phase that you’re going to look
at could be cross caucus, again we’ll look at the definition of cross caucus
and how to use that effectively as an advocate in mediation. The
next phase is the drafting phase. If you are coming to an agreement how are you
going to draft that agreement? Who’s going to draft that agreement, all of
those sorts of questions and then finally we will look at the Post
Mediation Phase which is what happens after mediation is complete.

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