Our Resources or Tool Kit page is a growing library containing links to many articles and templates for agreements, analyses, orders, motions and reports. Navigate there by clicking here or click the CLE tab at the top of any of our website's pages and select "Tool Kit" from the drop-down menu.
Mediator Brandon S. Peters
Attorneys can benefit from the free resources available on the UWWM website, and we've just added an important tool: a SWOT Analysis Template
, which UWWM Dispute Resolution Counsel Brandon Peters created with extensive input from other highly-experienced legal professionals.
SWOT Analysis is a useful tool for understanding the relative Strengths and Weaknesses of your client’s case and for identifying both the Options available to your client and the Truths the disputants must confront to make informed decisions about alternative courses of action.
The Right Questions
To achieve the best possible outcome for your client, your SWOT Analysis must ask the right questions for the mediation ahead. The “right” questions are specific to the dispute and to the mediation process itself; they allow you to see your client’s case for what it is — its strengths, its weaknesses, its options and its truths.
This is your reality check. The right questions focus on the bare facts of your case, devoid of emotions, personalities, client demands, your personal thoughts and other subjective factors that create “noise” and interfere with solid decision making.
Armed with the information your SWOT Analysis produces, you can more easily develop a litigation strategy that takes best advantage of the facts and circumstances of your client’s case. You can also determine the type of mediation approach and style best suited to the subject matter of your case and the needs of your clients.
The Right Mediator
The right questions also produce an unbiased evaluation of the professional neutrals you have used in the past and their suitability for your client’s case. You must ask yourself if a more highly-skilled professional is required.
The fact is that your success at mediation is directly tied to your choice of mediator. Different cases require different mediator skill sets to produce the best results, and your client is dependent upon your selecting wisely. "SWOT Analysis for Mediation" is a tool to help you do just that.
Next: Look for our new resource, the Pre-Mediation Case Summary template.