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Alternative Dispute Resolution

Apr. 16, 2021

Tips to master mediation advocacy, part 2

In our last installment, we talked about the appropriate mindset and attitude advocates should have in mediation. In this installment we will address preparation.

Stephen H. Sulmeyer Ph.D

JAMS

Email: ssulmeyer@jamsadr.com

Stephen joined JAMS as a full-time neutral after nearly 20 years as a mediator in private practice. He has a dual background as a commercial and intellectual property litigator as well as a clinical psychologist, specializing in the settlement of disputes involving professional and intimate relationships.

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Wynne S. Carvill

Arbitrator, Mediator and Special Master/Referee
JAMS

Email: wcarvill@jamsadr.com

Judge Carvill's cases involve a variety of disputes, including antitrust/competition, business/commercial, class actions/mass torts, employment, insurance, intellectual property, personal injury/torts and professional liability.

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In our last installment, we talked about the appropriate mindset and attitude advocates should have in mediation. In this installment we will address preparation. Too often, lawyers prepare for mediation as they would for oral argument. They muster their arguments and favorable case authority and, instead of evidence, simply argue based on surmise, assumption and argume...

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