Moving Disputes from Litigation to Settlement: How to Engage in Successful Mediation

Robert J. Jossen | Robert Jossen P.C.

For over 40 years, Robert J. Jossen, the principal of Robert Jossen, PC, has been a seasoned trial lawyer and litigation attorney, with experience in many different types of disputes, touching financial, commercial, art, labor, education and the legal industries. Mr. Jossen has served as a mediator and arbitrator in numerous disputes. He has extensive training in mediation and arbitration. His courtroom prowess has been recognized by election as a Fellow of the American College of Trial Lawyers.

Mediator and Arbitrator

With a wealth of experience in prosecuting, defending, trying and settling complex litigation problems, Mr. Jossen’s focus primarily is on dispute resolution, serving as a mediator or arbitrator, and, separately, as a counselor on specific assignments providing advice and counsel to individuals or entities in crisis situations. As a neutral, his interest in mediation is purely to achieve a result which is satisfactory to all parties involved. As an arbitrator, his interest is to reach a just and reasoned decision based upon the information presented and the governing law.

Counselor and Trial Lawyer

Mr. Jossen has earned the reputation over the years as a practical, seasoned trial lawyer, with impeccable judgment and analytic abilities. These are tools critical to an effective mediation or arbitration of any dispute, and to analysis and problem solving in difficult situations.

I. Understanding Mediation as a Legal Process | 1:00pm – 1:15pm

• Definition and role of a mediator in facilitating dispute resolution
• Importance of mediation as part of Alternative Dispute Resolution (ADR)

II. The Shift to Mediation | 1:15pm – 1:30pm

• Factors driving the popularity of mediation in today’s legal landscape
• Benefits of mediation over traditional litigation

III. Timing of When to Engage in Mediation | 1:30pm – 1:45pm

• Importance of initiating mediation early if possible
• Factors which influence timing

IV. Leveraging Strategic Opportunities | 1:45pm – 2:00pm

• Utilizing pending dispositive motions to enhance settlement discussions
• Clarifying misunderstandings to improve negotiation outcomes

Break | 2:00pm – 2:10pm

V. Thorough Preparation for Mediation | 2:10pm – 2:30pm

• Key elements of effective case preparation
• Importance of understanding facts, timeline, and financial implications

VI. Using Concrete Evidence in Negotiations | 2:30pm – 2:50pm

• How to ground settlement offers in specific damages
• Strategies for adjusting offers based on comparative fault

VII. How to Proceed in Mediation Sessions | 2:50pm – 3:10pm

• The importance of a mediation agreement
• Whether to engage in joint sessions and how to handle
• Building goodwill and demonstrating empathy during discussions
• How to engage with the mediator toward a constructive process