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Litigation & Appeals

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Key Mediation Tactics Every Lawyer Should Know

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 0 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Florida Continuing Mediation Education Approved 7.2 Total
Kansas Continuing Mediation Education Approved 7 Total
OnDemand
5 hours 51 minutes
Jeffrey Meunier
Robert Dignam
Mark Fredkin
Stefan Savic
With Jeffrey O. Meunier from Jeffrey O. Meunier, Attorney at Law + 3 others
Coming Soon! OnDemand recording will be available on June 29, 2026.
Product ID 102035

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Overview

Inside the Strategies That Actually Drive Mediation Results

Mediation is not passive, and neither is effective advocacy. Lawyers who treat mediation as a waiting room for settlement often miss critical opportunities to shape outcomes. This program breaks down how mediators and lawyers use strategy to influence the process rather than react to it. Learn how to control mediation dynamics, move numbers, and close deals - register today!

  • Learn how mediators reality-test risk, filter information, and apply pressure - often without parties realizing it.
  • Hear how mediators use bracketing, sequencing, and other strategies to control negotiation momentum.
  • Receive pointers for preparing mediation statements that get the mediator on your side.
  • Anticipate common mediator and advocate tactical mistakes that derail settlements.
  • Use advocacy strategies that align with how mediation works - rather than how many litigators think mediation works.

Abbreviated Agenda

  1. Mindset and Reality-Testing Strategies Mediators Love to Use
  2. How Mediators Control the Room and Move Parties Past Impasse
  3. Advocacy at Mediation Table
  4. Tactical Mistakes That Derail Mediation: Advocate and Mediator Misreads
  5. Bracketing and Other Techniques: How Mediators Move Numbers and Close Deals
  6. Mediation Statements as a Strategic Tool
  7. Ethics and Professional Responsibility in Mediation

Related Topics

Product ID 102035

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 0 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Florida Continuing Mediation Education Approved 7.2 Total
Kansas Continuing Mediation Education Approved 7 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Mindset and Reality-Testing Strategies Mediators Love to Use

    1. How Mediators Determine Who to Trust and Which Numbers to Back
    2. Reality Testing
    3. Controlled Skepticism and "Devil's Advocate" Questioning
    4. Reframing Positions Around Interests and Comparative Risk
    5. Normalizing Uncertainty and Litigation Risk
    6. Managing Unrealistic Expectations
    7. Testing Alternatives to Settlement (BATNA, WATNA)

  2. How Mediators Control the Room and Move Parties Past Impasse

    1. Private Caucusing
    2. Emotional Containment and De-Escalation
    3. Face-Saving Techniques
    4. Timing Pressure and Fatigue Management
    5. Information Filtering: How Mediators Decide What to Convey, Soften, Delay, or Withhold
    6. Strategic Use of "Mediator Voice" vs. "Party Voice"
    7. Managing Reactions and Internal Dynamics
    8. Identifying Who Has Authority, Who Has Influence, and Working Around Internal Misalignment

  3. Advocacy at Mediation Table

    1. Advocacy Strategy in Caucus vs. Joint Session vs. Hybrid Mediations
    2. Making and Responding to Demands, Offers, and Brackets
    3. Using Concessions Strategically to Preserve Momentum
    4. Negotiating Through the Mediator: Working With (Not Against) Them
    5. Managing Client Reactions to Pressure, Fatigue, and Disappointment
    6. Knowing When to Push, Pause, Pivot, or Walk Away

  4. Tactical Mistakes That Derail Mediation: Advocate and Mediator Misreads

  5. Bracketing and Other Techniques: How Mediators Move Numbers and Close Deals

    1. Bracketing and Range Proposals
    2. Resetting Unproductive Anchors
    3. Strategically Sequencing Concessions and Controlling Pace
    4. Mediator-Generated Proposals
    5. Conditional "If-Then" Offers
    6. Narrowing Gaps Through Incremental Movement
    7. Endgame Framing and Closing Techniques
    8. Post-Session Follow-Up to Continue Leverage

  6. Mediation Statements as a Strategic Tool

    1. Preparing for the Mediation
    2. Writing for the Mediator
    3. Confidential vs. Shared Statements - Strategic Tradeoffs
    4. Language Mediators Will - and Will Not - Repeat in Caucus
    5. How Mediators Secretly Decide Who to Back - and How Phrasing Influences That Decision
    6. Framing Weaknesses Without Surrendering Leverage
    7. Preparing the Mediator to Apply Pressure Where it Matters

  7. Ethics and Professional Responsibility in Mediation

    1. Candor and Truthfulness in Mediation Communications
    2. Ethical Limits on Strategic Framing, Omissions, and Selective Disclosure
    3. Managing Client Pressure to Overstate, Conceal, or Mischaracterize Risk
    4. Authority, Consent, and Client Decision-Making at Mediation
    5. Conflicts of Interest and Divided Loyalties in Settlement Negotiations
    6. Confidentiality Obligations in Mediation

Who Should Attend

This program is designed for attorneys. Neutrals may also benefit.

Speakers

Jeffrey O Meunier
Jeffrey O.
Meunier
Jeffrey O. Meunier, Attorney at Law
Robert J Dignam
Robert J.
Dignam
O'Neill, McFadden & Willett, LLP
Mark B Fredkin
Mark B.
Fredkin
Morgan Franich Fredkin Siamas & Kays LLP
Stefan Savic
Stefan
Savic
Reinhardt Savic Foley LLP
Speaker bio
Jeffrey O Meunier

Jeffrey O. Meunier

Jeffrey O. Meunier, Attorney at Law
Jeffrey Meunier

is a sole practitioner with Jeffrey O. Meunier, Attorney at Law. He limits his civil litigation practice to personal injury, motor vehicle accidents, real estate, contracts, and business and commercial litigation. Mr. Meunier is admitted to practice in Indiana and before the U.S. District Court for the Northern and Southern districts of Indiana. He is a member of the Indianapolis Bar Association and the Hamilton County Bar Association. Mr. Meunier earned his B.A. degree from Indiana University and his J.D. degree from Indiana University School of Law.

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Speaker bio
Robert J Dignam

Robert J. Dignam

O'Neill, McFadden & Willett, LLP
Robert Dignam

is a partner with O'Neill, McFadden & Willett, LLP. He is an experienced civil litigation and appellate lawyer in the areas of employment and labor law, and many other areas of law. Mr. Dignam also regularly serves as a civil mediator. He has conducted mediations in numerous civil matters in a wide variety of cases, including employment law matters. He is a member of the Alternative Dispute Resolution Council of the Indiana State Bar Association. Mr. Dignam has represented employers in state and federal courts in Indiana, in federal courts in Illinois, and before the Equal Employment Opportunity Commission, the National Labor Relations Board, and other employment law agencies. He has argued cases for employers before the Seventh Circuit U.S. Court of Appeals, and he has represented an employment law client before the U.S. Supreme Court. Mr. Dignam also serves as lead negotiator for management during collective bargaining. He has assisted many clients in reaching collective bargaining agreements with their representative unions. Mr. Dignam has published a Law Review article entitled, There Is More To Fear Than Fear Itself: The National Labor Relations Board's Attack On Purposeful And Necessary Workplace Conduct Rules Must Be Stopped. Mr. Dignam has coached future mediators at the Indiana University Robert H. McKinney School of Law, and for many years, he served as an adjunct professor at Purdue University Northwest, teaching students employment law and human resources concepts, as well conflict resolution. Mr. Dignam is annually recognized as an Indiana Super Lawyer - Employment and Labor Law. He was recently selected for inclusion in Best Lawyers in America - Employment Law - Management. He earned his B.A. degree from Saint Xavier University and his J.D. degree from Valparaiso University School of Law.

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Speaker bio
Mark B Fredkin

Mark B. Fredkin

Morgan Franich Fredkin Siamas & Kays LLP
Mark Fredkin

is a partner in the law firm of Morgan Franich Fredkin Siamas & Kays LLP in San Jose. Mr. Fredkin has tried a wide variety of complex commercial disputes, business torts, and personal injury matters involving tens of millions of dollars in Federal and State courts throughout California as well as in other tribunals around the Country, for more than 30 years. His skills as a trial lawyer have been recognized by the prestigious American Board of Trial Advocates, the International Academy of Trial Lawyers, in which there are only 500 active members in the United States, and by his peers in Santa Clara County, who elected him Trial Lawyer of the Year in 2006. Mr. Fredkin received his B.A. degree from Stanford University and his J.D. degree from the University of Southern California.

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Speaker bio
Stefan Savic

Stefan Savic

Reinhardt Savic Foley LLP
Stefan Savic

is a partner at Reinhardt Savic Foley LLP. He represents clients in all stages of litigation, administrative, and alternative dispute resolution proceedings. Mr. Savic's litigation practice focuses on commercial litigation in federal and state courts across the country as well as before administrative bodies. While his work focuses heavily on civil litigation, he also assists businesses in avoiding costly litigation by assuring that clients have safeguards in place at all stages of their ventures. Mr. Savic works with clients on formation, employment, shareholders, and licensing agreements, using his litigation experience to account for worst-case scenarios and minimize any potential headaches in the long term. Some of his past work experience includes working at the United Nations Development Programme, United States District Court for the District of Connecticut, one of Connecticut's largest law firms, and a Fortune 500 company's legal department. Mr. Savic is also a FINRA arbitrator and a certified mediator in the state of Connecticut. He earned his B.A degree from Columbia University and his J.D degree from Quinnipiac University.

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