Excelling at Mediation Advocacy

Join experienced mediator and settlement counsel, Mitchell Rose in this masterclass!

A former civil litigator, he will explore the following issues:

• 40 tips for excelling at mediation advocacy in civil disputes
• Recent case law, legislation and Rules of Professional Conduct you need to know about
• When – and when not – to mediate
• Choosing the right mediator for your case
• The hidden dangers lurking mediation agreements and what to do about them
• Effective preparation and managing client expectations
• How to write a persuasive Mediation Brief
• Mastering joint (plenary) sessions—even if you dislike them
• Neutralizing personal attacks and bullies
• Settlement offer essentials
• Building your resilience for when you are caught off-guard
• When to stay and when to walk away
• Why “Minutes Matter”
• Getting more value from your mediator

Professionalism Content: 45 minutes

The ‘Duty to Settle’ (Rule 3.2-4 of the Law Society’s Rules of Professional Conduct and “Encouraging Compromise and Settlement”; Risk Management Best Practices):

• Treat all Mediations as Mandatory. Even in an action where R.2 4.1 or R. 75.1 do not apply, refusing to mediate can result in a costs award against your client.
• Know when mediation may be inappropriate.
• Ignore local practice directions at your own peril.

Client Service (Recognizing and being sensitive to client’s circumstances, special needs; timely and effective client communication):

• Being careful when selecting a mediator for your client’s case
• Meeting your client pre-mediation

Ethics and responsibility (Confidentiality):

• Contract out of the settlement privilege exception in the mediation agreement
• Understand how these intersect with the Rules of Professional Conduct

Ethical advocacy (Civility):

• Being civil to each other, particularly during opening statement
• Includes a role-play with the audience for opening statements

EDI Content: 15 minutes

Equality, Diversity and Inclusion (Value of diversity and inclusion; Impact of behavioural indignities):

• Discuss special accommodations for clients with disabilities or for religious reasons
• Ensure that food restrictions due to religious reasons are accommodated (along with food allergies)
• Discuss strategies for dealing with bullies
• Responding to racist, sexist, or homophobic remarks