Mediation is a Contact Sport - How to Get the Best Possible Result for Your Client

"Mediation is a Contact Sport." So said the late Sid Lezak, former United States Attorney for the District of Oregon, and godfather of mediation of civil cases in Oregon. By this, he meant that mediation between represented parties, before lawyer-mediators, is not a "touchy-feely" process seeking an objectively "fair" resolution of disputes. This is not to say that mediators don't encourage consideration of the opponent's legitimate needs (legal, financial, and emotional) or that counsel should be disrespectful or insensitive to the other side. However, mediation is part of the litigation process, not separate from it. Indeed, one of the best tactics in mediation is for counsel to make clear that he or she is ready, willing, and able to go to trial. Mediation is adversarial, and the preparation and tactics of counsel can make a big difference in the result. In this program, respected litigators Jane Paulson and Dave Markowitz, and experienced mediator Rich Spier, share "leading edge" ideas for effective representation of clients in mediation.

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