LAW IN MEDIATION
  • Mediation clauses (med-arb): legal enforceability, challenges, and drafting techniques
  • Suspension of limitation and expiry periods. Suspension of procedural deadlines
  • Enforceability of the final mediation agreement. Execution and drafting safeguards
MEDIATION
TOOLS
  • Communication tools. Paraverbal language
  • Managing client expectations. How to propose mediation?
  • Interaction with opposing counsel
LAWYER IN ACTION
  • Preparing for the mediation process: identifying stakeholders, defining strategy, determining BATNA and WATNA, and establishing negotiation limits
  • Selecting the mediator and the mediation model
  • Client preparation
  • Joint and private meetings (caucus)
  • Defining lawyer’s fees