Mediation Advocacy: Putting the Power in PowerPoint
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Transcript of Mediation Advocacy: Putting the Power in PowerPoint
Welcome to Today’s Webinar!
Our presentation ~
MEDIATION ADVOCACY:
PUTTING THE POWER
IN POWERPOINT is scheduled to begin at 10 a.m.
Please Stand By
Upchurch Watson
White & Max
is proud to sponsor
today’s Webinar,
“Mediation Advocacy:
Putting the Power in
PowerPoint” with the
University of Florida
Levin College of Law
Institute for Dispute
Resolution.
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 2
Mediation Advocacy: Putting
the Power in PowerPoint
With Sandra C. Upchurch
of Upchurch Watson White & Max
and Edward H. Thompson
of Seipp, Flick & Hosley, LLP
WHEN TO USE IT
PowerPoint
May 7, 2013 4
Mediation Advocacy: Putting the Power
in PowerPoint
Common formats for the
mediation opening statement
Purely verbal presentation
Verbal presentation with
“old school” visual aids
Video production
Multimedia presentation with
electronic presentation program
(PowerPoint)
May 7, 2013 5
Mediation Advocacy: Putting the Power
in PowerPoint
PowerPoint should ENHANCE your presentation
not BE your presentation.
May 7, 2013 6
Mediation Advocacy: Putting the Power
in PowerPoint
WHY TO USE IT
PowerPoint
May 7, 2013 7
Mediation Advocacy: Putting the Power
in PowerPoint
Why PowerPoint?
Easy, economical, flexible.
Effectively communicate your message.
Lawyer can adjust tone, content, and
pace according to circumstances.
Essential for telephonic/web-based
mediations.
Showcases your skills.
May 7, 2013 8 Mediation Advocacy: Putting the Power
in PowerPoint
Target audience
Opposing party
Opposing counsel
/ sophisticated
party
Mediator
May 7, 2013 9
Mediation Advocacy: Putting the Power
in PowerPoint
Why use PowerPoint?
The mediator’s perspective:
It’s your only opportunity to address and
persuade opposing party – don’t waste it.
To help explain
something better –
sometimes a picture
is worth a thousand
words.
May 7, 2013 10
Mediation Advocacy: Putting the Power
in PowerPoint
Effective uses of PowerPoint
The mediator’s perspective:
Deposition testimony
Timelines
Photographs
Maps
Diagrams
Jury forms/instructions
Verdict form
May 7, 2013 11
Mediation Advocacy: Putting the Power
in PowerPoint
THE LITIGATOR’S
PERSPECTIVE
Why Use PowerPoint?
May 7, 2013 12
Mediation Advocacy: Putting the Power
in PowerPoint
HYPOTHETICAL CASE:
DOE V. STARCAR CORP.
Auto Products Liability/
Crashworthiness Defect Allegation
May 7, 2013 13
Mediation Advocacy: Putting the Power
in PowerPoint
Part 1:
Setting the tone with
the opposing party
May 7, 2013 14
Mediation Advocacy: Putting the Power
in PowerPoint
PART 1:
SETTING THE TONE WITH THE
OPPOSING PARTY
WATCH FOR
THE SUBLIMINAL
MESSAGES
May 7, 2013 15
Mediation Advocacy: Putting the Power
in PowerPoint
JOHN DOE V. STARCAR
CORPORATION
Mediation
May 7, 2013
Privileged & Confidential
May 7, 2013 16
Mediation Advocacy: Putting the Power
in PowerPoint
THIS CASE IS NOT ABOUT
SYMPATHY
StarCar deeply regrets that Mr. Doe was
injured
However:
StarCar didn’t cause crash
StarCar didn’t cause injuries
Juries understand: sympathy does not
equal liability
17 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
PLAINTIFF’S BURDEN OF
PROOF
You must prove that the subject StarCar
Sedan was:
Defective and
Unreasonably dangerous and
Defect caused Mr. Doe’s injuries
Unanimous verdict required
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 18
FIRST QUESTION THE JURY
WILL ANSWER:
WAS THERE A DEFECT IN THE
SUBJECT STARCAR SEDAN THAT WAS
A CAUSE OF THE PLAINTIFF’S
INJURIES?
__ YES
__ NO
19 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
IF THE ANSWER TO THE FIRST
QUESTION IS “NO”…
…then the verdict is for StarCar and the jury
will not answer any questions about
damages
20 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
PART 1 CONTINUED:
SETTING THE TONE
Subliminal Messages
to the Opposing Party
May 7, 2013 21
Mediation Advocacy: Putting the Power
in PowerPoint
Subliminal Messages to
Opposing Party
I KNOW YOU’RE
ANGRY AND
HURTING
May 7, 2013 22
Mediation Advocacy: Putting the Power
in PowerPoint
Subliminal Messages to
Opposing Party
MY CLIENT ISN’T THE
REASON WHY
May 7, 2013 23
Mediation Advocacy: Putting the Power
in PowerPoint
Subliminal Messages to
Opposing Party
MY CLIENT WILL
SETTLE FOR A
REASONABLE
AMOUNT TODAY
May 7, 2013 24
Mediation Advocacy: Putting the Power
in PowerPoint
Subliminal Messages to
Opposing Party
OR WIN A DEFENSE
VERDICT AT TRIAL
May 7, 2013 25
Mediation Advocacy: Putting the Power
in PowerPoint
Subliminal Messages to
Opposing Party
SO PLEASE BE
REASONABLE
May 7, 2013 26
Mediation Advocacy: Putting the Power
in PowerPoint
Part 2:
Getting opposing counsel’s
attention
May 7, 2013 27
Mediation Advocacy: Putting the Power
in PowerPoint
PART 2
Getting opposing counsel’s
attention
(or the attention of the
sophisticated opposing party)
May 7, 2013 28
Mediation Advocacy: Putting the Power
in PowerPoint
NOT-SO-SUBLIMINAL
MESSAGES TO OPPOSING
COUNSEL
May 7, 2013 29
Mediation Advocacy: Putting the Power
in PowerPoint
YOU’VE HIT MY CLIENT
HARD IN THE PAST
BUT THIS TIME YOUR
CASE IS LOUSY
AND YOU KNOW IT
AND I KNOW IT
May 7, 2013 30
Mediation Advocacy: Putting the Power
in PowerPoint
AND MY CLIENT
KNOWS IT
AND YOUR CLIENT IS
ABOUT TO KNOW IT
May 7, 2013 31
Mediation Advocacy: Putting the Power
in PowerPoint
AND IF YOU REALLY
BELIEVE OTHERWISE,
WATCH THIS
May 7, 2013 32
Mediation Advocacy: Putting the Power
in PowerPoint
MR. DOE
CLAIMS VEHICLE WAS DEFECTIVE
BECAUSE IT FAILED TO PROTECT
HIM IN CRASH
CLAIMS HE WAS GOING 30 MPH
CLAIMS HE WAS WEARING HIS
SEATBELT
33 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
EVIDENCE SHOWS
VEHICLE WAS NOT
DEFECTIVE
MR. DOE WAS DRIVING HIS
VEHICLE AT LEAST 80 MPH
MR. DOE WAS NOT WEARING
HIS SEAT BELT
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 34
EVIDENCE SHOWS
VEHICLE WAS NOT
DEFECTIVE
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 35
EVIDENCE SHOWS
VEHICLE WAS NOT
DEFECTIVE
CONSIDER STARCAR SEDAN’S
NATIONAL TRIAL RECORD:
36 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
EVIDENCE SHOWS
VEHICLE WAS NOT
DEFECTIVE
CONSIDER STARCAR SEDAN’S
NATIONAL TRIAL RECORD:
40 DEFENSE VERDICTS
10 PLAINTIFF’S VERDICTS
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 37
EVIDENCE SHOWS
MR. DOE WAS DRIVING HIS
VEHICLE AT LEAST 80 MPH
PHYSICAL EVIDENCE
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 38
EVIDENCE SHOWS
MR. DOE WAS NOT WEARING
HIS SEATBELT
PHYSICAL EVIDENCE
EYEWITNESS TESTIMONY
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 39
WHAT HAPPENED
40 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
CRASH AT INTERSECTION
OF US 17 AND US 92
Plaintiff traveling westbound on US 92
toward intersection with US 17
Citrus carrier northbound on US 17
slowly rolls through red light
Plaintiff enters intersection and
collides with side of citrus carrier
41 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
FHP
Crash
Diagram
May 7, 2013 42
Mediation Advocacy: Putting the Power
in PowerPoint
PHYSICAL EVIDENCE
DOES NOT LIE
CRASH DAMAGE PROVES VEHICLE SPEED WAS AT LEAST 80 MPH AT IMPACT.
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 43
STARCAR TESTED THIS MODEL VEHICLE IN A 30 MPH FRONTAL BARRIER CRASH TEST.
STARCAR
SEDAN: 30
MPH
FRONTAL
BARRIER
CRASH
TEST
May 7, 2013 44
Mediation Advocacy: Putting the
Power in PowerPoint
SUBJECT VEHICLE AFTER 80 MPH
CRASH WITH CITRUS TRUCK
May 7, 2013 45
Mediation Advocacy: Putting the Power
in PowerPoint
PHYSICAL EVIDENCE
DOES NOT LIE, cont.
CONDITION OF DRIVER’S SEATBELT SYSTEM PROVES MR. DOE WAS NOT WEARING HIS SEATBELT
46 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
SEATBELT
JAMMED IN
STOWED
POSITION BY
CRASH
DEFORMATION
May 7, 2013 47
Mediation Advocacy: Putting the Power
in PowerPoint
D-RING
ANCHOR
HARDWARE
NOT
DEFORMED
OR
DAMAGED
May 7, 2013 48
Mediation Advocacy: Putting the Power
in PowerPoint
D-RING AND LATCH PLATE
SHEATHING UNMARKED
49 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
NO EVIDENCE OF LOADING
ON BUCKLE
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint 50
WEBBING UNSTRETCHED
51 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
SEATBELTS: EYEWITNESS
TESTIMONY
Eyewitnesses to no seatbelt use:
Mary Roe
Sharon Roe
Robert Roe
52 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
Mary Roe Deposition
taken 12/17/12, page 60
Q. Did you see a seatbelt on the driver?
A. No.
Q. Did you unbuckle any seatbelt?
A. No.
Q. Did you cut any seatbelt off of him?
A. No.
53 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
PART 3
PowerPoint advocacy to the
mediator and via the mediator
54 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
Advocacy to the mediator
Deliver a separate PowerPoint
presentation to mediator rather than to
opposing party and counsel.
Builds credibility with mediator.
Encourages mediator to beat up on
your opponent, not you!
55 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
Advocacy via the mediator
Deliver opening statement PowerPoint
presentation to mediator rather than to
opposing party and counsel.
Mediator modulates message to
opponents according to circumstances.
Avoids conflict, promotes settlement.
56 May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
PowerPoint: How to use it
Outline your speech first; then create your
PowerPoint
Consider sharing it in advance of
mediation
May 7, 2013 57
Mediation Advocacy: Putting the Power
in PowerPoint
Some great PowerPoint tips
www.youtube.com/watch?v=MjcO2ExtHso
May 7, 2013 58
Mediation Advocacy: Putting the Power
in PowerPoint
More PowerPoint tips
Emphasis should be what you are saying and how you are saying
it not the PowerPoint
No animation
Never turn your back on your audience
Go to black slide if no slide related to point you are making
Don’t exaggerate or overstate
You do not need a slide for every point you are making
Slides should be consistent with color, font, format, etc…
Always arrive early to test equipment
Call facility in advance to be sure equipment available
May 7, 2013 59
Mediation Advocacy: Putting the Power
in PowerPoint
Final Points/
Suggestions/
Questions
May 7, 2013 60
Mediation Advocacy: Putting the Power
in PowerPoint
THANK YOU FOR JOINING US!
MEDIATION
ADVOCACY:
PUTTING THE
POWER IN
POWERPOINT
Course #
1302767N
1.5 C.L.E.R.
uww-adr.com
www.law.ufl.edu/academics/
institutes/idr
Robin Davis, Director
Sandra C. Upchurch [email protected]
800-264-2622
Edward H. Thompson [email protected]
407-804-6201