Mediation: Negotiation theory and best practices

Bradley R. Kutrow | McGuireWoods LLP

Brad Kutrow is a seasoned trial and appellate litigator in the McGuireWoods’ Charlotte office. He handles complex cases ranging from business torts and trade secrets to consumer finance to product liability. He is ranked Band 1 by Chambers USA for commercial litigation and is listed in The Best Lawyers in America in seven different categories, including Bet-the-Company litigation. He is also experienced in arbitration and mediation, having mediated dozens of high-stakes cases including 50-state class actions and business disputes. Brad graduated from the University of North Carolina at Chapel Hill and the University of Virginia School of Law and served as law clerk to the Hon. Joseph H. Young in the District of Maryland.

Kevin B. Frankel | McGuireWoods LLP

Kevin Frankel is a former prosecutor and current trial attorney in McGuireWoods’ San Francisco office, where he chairs the firm’s nationwide state attorneys general practice. Kevin has negotiated resolutions to civil and criminal matters totaling over a trillion dollars in liability, including successfully mediating scores of cases ranging from small claims to those with millions at issue. Kevin graduated from the University of California, Davis, and Columbia Law School, where he also served as an adjunct professor and taught negotiation techniques.

I. Whether, when, and how to mediate in the Zoom era | 2:00pm – 2:15pm

II. Negotiation theory: negotiator styles and “positions” v. “interests” | 2:15pm – 2:30pm

III. Mediator selection to enable a productive negotiation | 2:30pm – 2:40pm

IV. Effective pre-mediation communications to the client, mediator, and adversary | 2:40pm – 2:50pm

V. Best practices for the 11th hour and post-impasse negotiations | 2:50pm – 3:00pm