Litigation Advocacy and Mediation Advocacy are Different (Successful Mediation Tip #9)

Experienced litigators do not confuse trial advocacy with mediation advocacy. They are completely different types of advocacy as they have radically different purposes. In a trial or arbitration, the attorney is attempting to convince the trier of fact of the righteousness of the client’s position(s). In mediation, advocacy is obviously designed to effectuate a resolution that is acceptable to the client.

Think "Team" and Harness the Power of Positive Conflict (Successful Mediation Tip #10)

As stated by a respected philosopher, positive “conflict lies at the core of innovation.” Indeed, positive conflict is a component in literally all successful mediations. As any professional Team Leader knows, a critical ingredient to the success of a highly effective and well-functioning team in solving difficult operational or other business problems is the ability to generate, embrace and harness the power of positive conflict.

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Litigation Advocacy and Mediation Advocacy are Different (Successful Mediation Tip #9)

Think "Team" and Harness the Power of Positive Conflict (Successful Mediation Tip #10)