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Author: Catherine Klasne

Mentoring with the Masters: Bracketing in Negotiation

A defendant might break an impasse by convincing the plaintiff to accept a lower negotiating range — a bracket. A. Michelle Jernigan of Upchurch Watson White & Max and Felipe Guerrero of the Dean Mead Law Firm in Orlando, representing The Florida Bar Young Lawyers Division, discuss this maneuver.

Anchoring in Negotiation

A plaintiff’s initial demand should be the highest credible claim, Florida mediator A. Michelle Jernigan of Upchurch Watson White & Max tells Holland & Knight’s Amy Rigdon. The initial demand is an anchor, and that number will set the tone.

Preparing Your Client

Florida mediator Sandra C. Upchurch of Upchurch Watson White & Max and Orlando attorney Karen Persis reveal why clients’ expectations might not always correspond with the claims in their cases and how to assure clients are emotionally ready to perhaps feel slightly uncomfortable during the conference. It is vital to give clients time to absorb and understand what you tell them about the mediation process, which can be “weird” for someone who’s never experienced it, and their case in particular.

Preparing Your Opening Comments

Florida Mediator Sandra Upchurch advises on the importance of opening comments at mediation. Katherine Hurst Miller of Cobb Cole in Daytona Beach, a member of The Florida Bar Young Lawyers Division, joins Sandy, who is with Upchurch Watson White & Max, in discussing the ins and outs of getting a mediation off on the right foot. This is the first video segment of a new Mentoring with the Masters series, presented by the Young Lawyers Division.

Preparing Your Mediator

Don’t wait unit the last minute to brief your mediator about your case, Sandra Upchurch, mediation counsel for Upchurch Watson White & Max, advises young lawyers. Ms. Upchurch and interviewer Melanie Griffin of the Dean Mead law firm in Orlando discuss how this sharing of information can help a mediator get to the heart of the conflict. This Mentoring with the Masters series is a collaborative effort of The Florida Bar Young Lawyers Division and Upchurch Watson White & Max Mediation Group.