NE03 Representing Clients in Mediation: A Different Kind of Advocacy (2020CLC)

September 15, 2020

2:00 PM to 4:00 PM (Eastern Daylight Time)

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The Negotiation Track

About the Program

Representing clients before and during negotiation in a mediation setting calls for a very specific form of advocacy, different from traditional litigation advocacy. Lawyers need advanced negotiation skills and a sophisticated understanding of the role and potential power of the mediator. This program is presented by members of the Connecticut Mediation Association, who will present the theory of what "mediation advocacy" should be, both in the preparation and counseling phases and during the mediation itself. We will demonstrate and deliver "best practices" for ethical and effective representation in civil and family mediation that enhance the promise and principles of mediation rather than undermine the potential for resolution and creative problem-solving that mediation offers.

You Will Learn

  • Elements of interested-based negotiation, what makes for an effective mediation, and the proper role of a mediator
  • Best practices for counseling and preparing clients for the negotiation that will occur during the mediation, including their active role in the mediation sessions
  • Best practices for working with a client, counterpart, and mediator during mediation sessions in order to advance negotiation and a problem-solving environment, rather than engaging in counterproductive behaviors more typical and appropriate for a courtroom

CLE Credit: 2.0 CT (General); 2.0 NY (Skills)

Speakers

Lynda Munro Hon. Lynda B. Munro (Ret.)
Pullman & Comley LLC, Bridgeport

Brendan Holt Brendan Holt
Holt Law LLC, Woodbridge

Carolyn Kaas Carolyn Wilkes Kaas
Quinnipiac University School of Law, Hamden

Andrew Marchant Shapiro Andrew Marchant-Shapiro
River Bridge Resolutions LLC, Wallingford

Brendan Murphy Brendan J. Murphy
Murphy Law Center, Willimantic