Prepping for Success: The Keys to Maximizing the Mediation Process
Hosted by the Mediation and Young & New Member Committees
Most lawyers are schooled on how to litigate and fully understand how to prepare for the courtroom battleground. Mediation, however, is a flexible and relatively informal dispute-resolution process that has become almost a mandatory first step in many common bankruptcy disputes, like preference actions — and it can achieve significant cost-value results for clients. Yet many lawyers make the mistake of either treating mediation as a side show that requires little or no preparation or using the same preparation methods they use for a trial. This session explores the keys to conducting a successful mediation, from deciding when mediation is appropriate through properly documenting the mediated resolution, with an emphasis on how to prepare both yourself and your client for mediation to maximize its value, regardless of whether an actual settlement is reached. The panelists include attorneys and judges who often serve as mediators, giving attendees a unique view on the different skills, presentation methodologies, and mindsets needed to prepare for mediation vs. litigation.
Winter Leadership Conference
2021
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