Small group discussion where mediators share their favorite techniques, experiences, interventions and approaches. Everyone will be provided the list of discussion topics below. Registrants will be randomly divided into small groups by Zoom. Each group will have a discussion leader and a “scrivener” to keep notes for posting in the ADR Section resource library. After a time, we will return to large group to share the best ideas. New groups will then be randomly assigned to continue the discussion and exchange with a different group of colleagues. We expect three sessions in all, each of which will focus on different topics from the list below.
Mediator Forum Discussion Topics
Techniques Specific to Zoom
a. How has your practice changed with Zoom?
b. Likes and dislikes about working on Zoom.
c. Techniques more effective on Zoom; less effective on Zoom
d. Plan B if technology fails
e. Dealing with time disparities and party paranoia on Zoom vs in person
f. Communication with the parties when not in room with them
Management of the Negotiation Process
b. Dealing with party/advocate impatience
c. Techniques for responding to charges an offer has “nuisance value”
d. Encouraging building a rationale for offers
e. Managing extreme opening offers and counter-offers
a. Conference calls with attorneys
b. Ex parte calls with attorneys
c. Pre-meetings with parties
d. Written submissions or not?
e. Educating parties and attorneys to get the most out of mediation
f. Pre-mediation homework (e.g. discovery) and planting seeds (e.g. do a cost analysis for litigation)
Mediator Forum Facilitators