PRELUDE TO TRIAL: MEDIATION IN THE MODERN AGE

1. PRELUDE TO TRIAL: MEDIATION IN THE MODERN AGE 1 By: Jonathan T. Barton

2. Often the last (only) opportunity for a: • Unfiltered, • Informal, • Frank and • Honest • Discussion. • Don’t waste it. • Don’t waive it. Rule No. 1: Don’t Waive Your Opening.

3. Rule No. 2: Know thy Audience.

4. Rule No. 2: Know thy Audience.

5. Discrepancy in Evaluation: • Attribute to Evidence; • Non Argumentative/Factual Base; • Valuation: • No fuzzy math; • Numbers don’t lie. • Truth & Veracity of Witnesses: • Perception of the Evidence; • Realize the Situation. • Juror Perception & Sympathy. Rule No. 3: Use Tact, Be Professional but Assertive.

6. What are they going to discuss? • Numbers? • The evidence? • Control? • Likelihood of winning? • Learning & Understanding: • Mind Mapping; • Visual Learning. Rule No. 4: Use The Actual Evidence:

7. Rule No. 5: Show Them What They Said. Mediation may be the first time your opposition is seeing the evidence. • Insulate your Position: • Reduce animosity; • Confront the facts; • Create understanding.

9. Your opponent may not realize what their experts have said. “You don’t rely on assumptions.” Rule No. 6: Show Them What Their Experts Said.

11. I’m going to assume the evidence that contradicts my theory wasn’t there. Rule No. 6: Show Them What Their Experts Said.

13. “If it ain’t [sic] energized it didn’t cause the fire. That’s the only answer there is pal.” • Origin & Cause 101: • You need an energy source to make an appliance a viable ignition source. Rule No. 6: Show Them What Their Experts Said.

15. An unplugged television set is a viable ignition source. (Really?) • Origin & Cause 102: • You don’t need an energy source to make an appliance a viable ignition source. Rule No. 6: Show Them What Their Experts Said.

17. An unplugged television set is not a viable ignition source—this time. • Origin & Cause 103: • Consistency is for the birds. Just make it up as you go along—no one will catch on. Rule No. 6: Show Them What Their Experts Said.

19. “Since the accident I have lost grip strength in my hands and can no longer grasp things….” Rule No. 7: Use Juxtaposition

20. “Since the accident I have lost grip strength in my hands and can no longer grasp things….” Rule No. 7: Use Juxtaposition

21. “Since the accident I have lost grip strength in my hands and can no longer grasp things….” Rule No. 7: Use Juxtaposition

22. Use Imagery: • Visualize flaws; • Creates doubt & concern; • Reduces the value. Rule No. 7: Use Juxtaposition

23. Reinforce Imagery

24. Reinforce Imagery

25. Reinforce Imagery

26. Reinforce Imagery

27. “I don’t laugh or have fun anymore.” Living Social: Thank you Facebook

28. “I don’t laugh or have fun anymore.” “I can’t socialize with my friends.” Living Social: Thank you Facebook

29. “The scars are so bad I can’t take my shirt off in public” “I don’t laugh or have fun anymore.” “I can’t socialize with my friends.” Living Social: Thank you Facebook

30. Remember: Use Common Sense