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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88299
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely,I would like to discuss strategies for the mediation

Resolved Question:

Ely, I would like to discuss strategies for the mediation.


 


I am basing the strategies I am thinking of on business negotiation strategies:


 


1. Open with the heavy/hard issues to get them out of the way, and use the "giveaway" items to increase leverage.


 


2. Open with the "giveaway" items then wait until the end to address the big issues.


 


3. Work back and forth, then once the rhythm of the negotiation is established, then do the hard/heavy issues.


 


4. Something I have not thought of yet....


 

Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for requesting me.

A trial is never going to go the way you think it will. People are unpredictable, and so is the jury. So a trial strategy is a misnomer at best. Most of the time, a nuanced strategy like the one above never ends up happening because the parties get mired in questions and cross questioning of the witnesses, etc. The themes and topics will all get crossed and confused. In other words, it is not like on television: there is seldom a "gotcha" moment. You do not build up to a zenith of truth and have them break down on the stand.

In reality, you decide what you want to prove to the Judge/jury, and then hammer these ideas as much as you can. In the end, the Judge or jury will simply take what they can out of it and make a decision as they see fit.

Let me use another analogy - planning a complex strategy for a trial is a bit like attempting to plan a complex game strategy for a team of 5 year olds. In the end, no matter what you plan, they will end up simply running around and kicking the ball, hoping it would go into the net. I hate to say it, but trial is pretty much the same way.

So honestly, having a complete strategy is somewhat over-planning. Here is what most attorneys do:

1) Come up with a list of ideas you wish to prove;
2) Make sure that the questions fit these ideas to elicit the response wanted in no particular order;
3) Hammer away at said questions;
4) Allow the Judge/jury to reach their own natural conclusion based on what they heard.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX understand the thought process you have. However I was asking about the mediation.


 


Also, the Justanswer people have suspended my subscription of my unlimited account for overuse. so you may not hear from me much in the days ahead until they fix it.

Expert:  Ely replied 1 year ago.
Friend,

I am sorry to hear about your overuse issue. I did not know there was a problem.

Apologies for the misunderstanding. As for mediation, the very same applies. It is hard to "plan" for what is essentially a very informal conversation.

However, what most parties do is the following:

1) They list specific demands that they CANNOT waive;
2) They list specific demands that they WANT but can compromise on;
3) The mediation begins with you presenting the SECOND list. Then little by little expect to be whittled down, and hopefully, you will be left with at least the demands that you CANNOT waive plus some from the second list.

Of course, the list is to be hidden from view or in your head.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88299
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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