How to Use Technology Effectively in Mediation

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Recently, I co-presented a CLE webinar on "Technology for Better Mediation" along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. This post summarizes the practical take-aways we shared, which we hope will help attorneys get the best results possible for their clients. When we talk about "technology for mediation," we're often really talking about ways to create visualizations of the case; that is, ways to show your case in an understandable, engaging way. You might be asking yourself, "Why is this something I should bother with for mediation?" Consider that studies demonstrate enhanced retention of information when it's presented both orally and visually. Being able to show jurors something visual while talking about it is the most effective way to get your point across and have them remember it. In mediation, you're trying to accomplish the same thing, albeit without a jury but with an audience that likely includes the mediator, opposing counsel and others such as insurance adjusters. Your goal is to impart information in a way that engages them as well as demonstrates your preparedness to take the case to trial if need be. To show the other parties that you're prepared to present in front of a jury, take the time and effort to present at mediation as if you were presenting to a real jury. So, how can technology help? Here are tips for mediation preparation and presentation using technology.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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