In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with both neutrals emphasizing the need for effective negotiation strategies and understanding the parties' emotions and perspectives.
Ms. Keenan and Judge Allf also discuss mediation do's and don'ts—emphasizing the importance of preparation, storytelling, listening and managing expectations. On the topic of preparation, the neutrals highlight that the most successful lawyers prepare for mediation like they prepare for trial--ensuring that they understand the strengths and weaknesses of their case, category of damages and other elements that are central to the negotiation proceeding. From there, the neutrals discuss considerations for what to look out for when selecting a mediator, including technical experience, creativity and objectivity. As they look to the future of mediation, both neutrals anticipate that technology will play an increasing role in the mediation process, particularly as artificial intelligence (AI) continues to advance and AI-powered tools become more available.
