Labor Law Section: Representing Clients in Mediation—Grand Rapids

Co-sponsored by the ADR, Litigation, Probate & Estate Planning, Real Property Law, and Young Lawyers Sections

Register: online or by mail form PDF
Registration deadline: June 2, 2017

9:00 a.m. How Mediation Advocacy Is Different from Traditional Zealous Advocacy: How to Make the Most of a Unique Process

1. Setting the Proper Tone & Establishing Trust
2. Substituting Interest-Based Bargaining for Positional Bargaining
3. Identifying the Proper Audience for Persuasion
4. Recognizing the Value of Joint Sessions
5. What to Share with the Mediator
6. Opening Offers and Counter-Offers
7. Making Full Use of the Mediator
8. Meeting without the Client
9. The Language of Diplomacy

Mediator: Frederick D. Dilley, Foster Swift Collins & Smith PC
Advocate: Anne L. Buckleitner, Smietanka Buckleitner Steffes & Gezon, Grandville

10:15 a.m. Break

10:25 a.m. Preparing Lawyers and Clients for Mediation: What It Takes to Get Truly Ready

1. Client Education and Preparation
   1. Identify the Right Person to Attend
   2. Understand and Prioritize Client Goals
   3. Party Engagement
   4. Valuation, Risk Assessment and Flexibility
   5. Preview Opening Remarks
   6. Management of Client Expectations
   7. Clarify Non-Economic Demands
2. Litigator Education and Preparation
   1. Recognition of Client Needs and Interests
   2. Identification of Needs and Interests of the Other Side
   3. Development of WIN/WIN Options for Resolution
   4. Crafting Persuasive Opening Remarks
3. Preparing an Objective Legal Analysis and Valuation
4. Preparing an Offer/Concession Strategy
5. Sharing Settlement Agreement Boilerplate
6. Crafting an Effective Mediation Summary

Mediator: Lee Hornberger, Arbitrator and Mediator, Traverse City
Advocate: Scott S. Brinkmeyer, Mika Meyers PLC, Grand Rapids

11:40 a.m. Break

11:50 a.m. Mediation Advocacy at the Table: How to Achieve the Best Results Possible for Your Client

1. Engagement with the Other Side
2. Listening, Active Listening and Understanding
3. Civility, Diplomacy, & Respect
4. Identification of Common Ground
5. Focus on Risk Not Justice
6. Brainstorming Creative Solutions
7. Getting Value if the Case Doesn’t Settle
8. Documenting the Settlement
9. Reporting to the Court
10. When to Discharge the Mediator

Mediator: William W. Jack Jr., Smith Haughey Rice & Roegge PC, Grand Rapids
Advocate: Pamela C. Enslen, Warner Norcross & Judd LLP, Kalamazoo

1:05 Questions & Answers

1:30 p.m. Seminar Ends

Materials
A printed copy of all materials will be available the day of the training at no charge. An electronic copy of the same materials will be available in the event library by June 2, 2017.