Mediator in the Middle

14. What Is The Goal Of Mediation? Litigators, Be Thoughtful About Your Objectives. With JJ Johnston and Abe Melamed

50 min · 10. jan. 2024
episode 14. What Is The Goal Of Mediation? Litigators, Be Thoughtful About Your Objectives. With JJ Johnston and Abe Melamed cover

Description

Lawyers often go to mediation without thinking through their objective in the mediation process.  Sure, we all know the goal is to resolve the case, but do the lawyers need an evaluative mediator who will be the voice of reason for their clients?  Do they need someone sympathetic to give their client catharsis?  Do they just need an opportunity to get all the relevant stakeholders in one room and negotiate?  It is critical for litigators to think about these objectives in advance of mediation so that they can best prepare and inform the mediator about how they can be most valuable.  In this episode, I discuss this topic with renowned employment mediator JJ Johnston.  We address some common pitfalls such as poor mediation briefs, poor preparation with clients, decisionmakers not being present, surprise evidence, and more.  To learn more about Abe Melamed visit: https://signatureresolution.com/neutral-CPT/abe-melamed/ [https://signatureresolution.com/neutral-CPT/abe-melamed/] To learn more about JJ Johnston visit: https://johnstonmediation.com/ [https://johnstonmediation.com/]

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episode 14. What Is The Goal Of Mediation? Litigators, Be Thoughtful About Your Objectives. With JJ Johnston and Abe Melamed artwork

14. What Is The Goal Of Mediation? Litigators, Be Thoughtful About Your Objectives. With JJ Johnston and Abe Melamed

Lawyers often go to mediation without thinking through their objective in the mediation process.  Sure, we all know the goal is to resolve the case, but do the lawyers need an evaluative mediator who will be the voice of reason for their clients?  Do they need someone sympathetic to give their client catharsis?  Do they just need an opportunity to get all the relevant stakeholders in one room and negotiate?  It is critical for litigators to think about these objectives in advance of mediation so that they can best prepare and inform the mediator about how they can be most valuable.  In this episode, I discuss this topic with renowned employment mediator JJ Johnston.  We address some common pitfalls such as poor mediation briefs, poor preparation with clients, decisionmakers not being present, surprise evidence, and more.  To learn more about Abe Melamed visit: https://signatureresolution.com/neutral-CPT/abe-melamed/ [https://signatureresolution.com/neutral-CPT/abe-melamed/] To learn more about JJ Johnston visit: https://johnstonmediation.com/ [https://johnstonmediation.com/]

10. jan. 202450 min