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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 7.2 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
Rhode Island CLE Approved 7 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 6 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
New Jersey Continuing Mediation Education Approved 4 Total
Tennessee Continuing Mediation Education Approved 6 Total
Live Online
6 hours
Allie Moore
Janet Gemmell
Katie Mazurek
Jeffrey Meunier
Robert Dignam
With Allie C. Moore from Cape Fear Family Law + 4 others

Mon, Jun 22, 00:00 AM – 00:00 PM

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. Bracketing and Other Techniques: How Mediators Move Numbers and Close Deals
  4. Mediation Statements as a Strategic Tool
  5. Advocacy at Mediation Table
  6. Tactical Mistakes That Derail Mediation: Advocate and Mediator Misreads
  7. Ethics and Professional Responsibility in Mediation

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Pre-Order the OnDemand

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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 7.2 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
Rhode Island CLE Approved 7 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 6 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
New Jersey Continuing Mediation Education Approved 4 Total
Tennessee Continuing Mediation Education Approved 6 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. 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

  4. 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

  5. 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

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

  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

Allie C Moore
Allie C.
Moore
Cape Fear Family Law
Janet L Gemmell
Janet L.
Gemmell
Cape Fear Family Law
Katie Mazurek
Katie
Mazurek
Element Law Group
Jeffrey O Meunier
Jeffrey O.
Meunier
Jeffrey O. Meunier, Attorney at Law
Robert J Dignam
Robert J.
Dignam
O'Neill, McFadden & Willett, LLP
Speaker bio
Allie C Moore

Allie C. Moore

Cape Fear Family Law
Allie Moore

is a senior associate attorney with Cape Fear Family Law, where she is an attorney, mediator, and parenting coordinator. She has been selected by Super Lawyers as a Rising Star for the past six years. Ms. Moore earned her Bachelor of Science degrees in sociology and psychology from the College of Charleston in Charleston, South Carolina, with minors in Spanish and crime, law and society. She earned her J.D. degree from the Campbell University Norman Adrian Wiggins School of Law in Raleigh, North Carolina.

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Speaker bio
Janet L Gemmell

Janet L. Gemmell

Cape Fear Family Law
Janet Gemmell

is the founder and managing member of Cape Fear Family Law, with offices stretching from Durham, North Carolina all the way to the coast in Wilmington and Jacksonville-because family drama doesn't take a vacation just because you live by the beach. She's a board-certified family law specialist who tackles the tough stuff: child custody battles, relocation disputes, dividing up everything from the good china to the questionable art collection (equitable distribution, in lawyer-speak), and sorting out alimony and spousal support. When she's not in court, you'll find her writing for publications, speaking at legal seminars, or managing her firm's YouTube Vlog-proving that even family lawyers can master social media. Ms. Gemmell is an active member of the North Carolina State Bar Family Law Section, the American Bar Association, and The Florida Bar, because networking is almost as important as knowing the law. She earned her J.D. from Campbell University's Norman Adrian Wiggins School of Law-a perfectly respectable academic pedigree for someone who spends her days helping people untangle their lives.

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Speaker bio
Katie Mazurek

Katie Mazurek

Element Law Group
Katie Mazurek

is a partner with Element Law Group. Her main areas of expertise are family law, alternate dispute resolutions and general civil litigation. Ms. Mazurek is admitted to practice in the state of Montana and before the U.S. District Court for the District of Montana (DMT). She is a member of the Family Law Section of the State Bar of Montana. Ms. Mazurek earned her J.D. degree from The University of Montana School of Law.

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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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