Attorney Steve's Top Tips for Mediation Success!
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- เผยแพร่เมื่อ 16 เม.ย. 2015
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EDUCATION IS POWER. IGNORANCE IS AVOIDABLE!
Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case. In this "litigation warrior," video Attorney Steve provides his top tips to help you reach a settlement in your mediation case, whether a Court-ordered mediation, or whether those parties have voluntarily agreed to ADR (Alternative Dispute Resolution) and agreed on either binding or non-binding mediation.
For example, we discuss:
1. Checking your ego at the door
2. Being realistic about settlement alternatives
3. The importance of mediation briefs
4. How to negotiate your case
5. What the general process of mediation is
6. How to take it slow during the joint sessions and break out sessions
These are some really important legal concepts to understand before you spend time with the mediator. This is not an exclusive list.
If you need a lawyer in California or Arizona to help you with arbitration, mediation, or litigation (particularly in the area of copyright infringement, internet, or entertainment law, call us at (877) 276-5084. In many cases, we are able to structure a low flat rate legal fee.
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Thanks Steve from Toronto Canada I have mediation coming up on the wrongful termination lawsuit and I will remember 5p"s and hopefully I get justice after 23 years
Stay focused, you can and will DO IT!! SV
This was super SUPER helpful! My attorney sent this link to me and this information is pretty golden, in my opinion. Thanks so much! 👍🏾
You are welcome buddy! Knowledge is power!!! Steve
If you want to see how this video should really be made, hit setting and put playback speed at 1.25
That's why we love TH-cam, you have that option. Seems my younger viewers like it fast, and some of my older clients like it slower. Steve
@@attorneysteve ( ͡° ͜ʖ ͡°)
@@attorneysteve too much innuendo
As a lawyer with 19 years experience, I voraciously devoured this.
My non-lawyer aspects voraciously devoured this. Well done.
Thank you Asim, glad it sounds like it was a nourishing meal!! ; ). Steve
@@attorneysteve I have my first mediation in years in 10 hours. I'm now armed with the 5 P's.
And so will my kids growing up, whether they like it or not. :-)
Thank you Attorney Steve for sharing the knowledge. I have learnt about 5ps proper planning prevents poor performance.
Thanks Mary, perfect, that is a gem to never forget!!! Thanks for your comment. Steve
Does it work when you are dealing with a Psychopath?
image how many cases would settle if they could pass the blunt around.
Thank you Sir , feeling more comfortable after hearing your advice. I have a lawyer for mine but now I see an opportunity to revisit my notes to other ideas instead of just focusing on 1 particular thing . God Bless and thanks for the free advice , your a good man and service to others ✌🏽️🙏🏽
Thank you so much . I had appointment this nov 20 for mediation with the accused and I’m the complainant.
Steve - When I'm helping my clients to build their ADR practices, I use your video as the perfect example of how to 'serve before you sell' and provide honest and helpful information for the consumers of mediation. Thank you!
Hi Natalie, that's awesome!! Thank you for the nice comment. Glad my videos can be of service!! Steve
@@attorneysteve You're certainly welcome. I've added your video to my playlist.
Thank you. My mediation is today. Not comfortable with my attorney, but definitely have some things to discuss beforehand. It is over the phone due to COVID. But once again, thank you. Wish you were representing me.
Best of luck, Steve!
GREAT EXPLANATION!
Thank you for sharing.
Very thoughtful and detailed.
Im doing a phone mediation with FairWork on Tuesday 16/01/2018. My company has treated me as a permanent on call employee, basically a casual, as a full time guard. I did this for almost four years thinking it was normal. If I refused shifts due to fatigue or because the shift was too far from where I lived for a short shift, it'd become a shift refusal which would take hours away from my 76hrs a fortnight. My alarm bells rang when things got quiet at work and when the company werent able to cover my 76hrs they then asked me to use my own annual leave or sick leave to cover those hours (which I declined) so I checked the contract and was horrified to find 18 breaches in the contract including those I mentioned. I have a feeling the phone mediation will be more difficult than face to face mediation. Sorry for long message but its not easy knowing youve been screwed for so long. Im waiting for workers comp as I have work related stress and anxiety because of this. Its a difficult thing to process. Hope you can offer me some more advice. Thanks Steve.
Thank you for posting this video. I am absolutely terrified of court even though I'm not a criminal and this helped calm my nerves.
Hang tough - you got this!
Boudicca me too court is very sterile cut dry and they dont care one bit if you cry. I panic every time i go in there and Im the plaintiff
A good book to help with negotiating is "Never Split the Difference" by Chris Voss. He was a negotiator for the FBI in kidnapping case.
YESSSS! I sent that book to my lawyer.
Steve, you are great and your tips captured my fancy. Thanks
Thank you for the advice. I wonder how long a typical meeting should take, assuming both parties are interested resolving the matter?
Thank you for this very informative video! It is important to clarify that this is settlement focused mediation and is only one type of mediation. The transformative approach to mediation puts the clients in charge. The mediator is there to simply facilitate a conversation between two hurting people and to make sure that each person is heard as well as respected. Agreeing to mediation would mean agreeing to communicate and to advocate for oneself. Some people feel more confident with an attorney especially in cases where one of the participants has a very strong personality, some couples refuse to cooperate and would rather have the court issue the settlement, still others just want their day in court in an attempt to "win" as much as they can. To each his own. Steve- it should also be mentioned that 80% of cases that mediate usually do not end up back in court.
Tiffinay Compiano what is the percentage that ends up back in court?
Thank you Steve I watched the whole video and found it very informative as I will be getting a mediator for my case my lawyer already informed me about mediation but now I understand it better thanks again very professional I feel better as I will need your information all the best mate regards from Australia Joe
Glad you liked it. Thanks for the nice words!! Steve
Thank you for all you do you are truly a blessing
My pleasure!!
I am Scheduled for Mediation. This is very Helpful what you are telling me. Im sueing to get my rental deposit back. The Landlord is an LLC. I will not be able to have a Lawyer. Im Scared but I can do this.
You can do this. If you have not seen my video on small claims you should watch this (might also help with general tips). th-cam.com/video/qTUhBMdddsk/w-d-xo.html
Great Video as usual Steve! Your helping lots of people brother!
Thank you so much for this discussion and advice. It has been extremely valuable!
The 5 P’s are the most important, followed by listening and checking ego at the door.
I have a discrimination case and I am representing myself because I cannot afford a $30k retainer (that was the average estimate I received). I have consulted with an attorney to access my case and to review my documents. That process has been expensive in and of itself.
We will see how it goes...
My pleasure Danny, thanks for taking the time to comment!! Steve
Great video! Really opened my eyes about mediation and how to handle myself during that time.
Glad you liked it Tonya! Steve
Tonya Mitchell me too this gave me a reality check and an attitude adjustment for how to be successful. Great stuff thank you Steve
Thank you for the great tips!
I found u Mr. V just in time...thanks for the visual!
Proper planning prevents poor performance- I am going to remember that for good, Attorney Steve. Wonderful video! Keep up the good work
- Student of Law from India.
Thank you and good luck in your legal studies!!
Great job thank You 🙏🏾 I feel so much better
You are welcome, with knowledge comes confidence. Thanks Jasmine!! Steve
Thank you I feel much better
Glad you liked it - education is power!!
very informative, thank you.
Glad you liked it B mo! SV
Impressive and informative video! Took a class regarding ADR two semesters ago! Came across to refresh what I have learned, and to prepare myself for mediation as well. Have you ever considered being a professor? UNR and UNLV offers degrees in Legal and Justice programs, and I am sure those students would appreciate your style of teaching!
Thank you! I would love to teach a program like that, or even business law. If you ever hear of an opening let me know!! : )
Outstanding presentation and very informative.
Thanks Marky Mark, appreciate the feedback!! Cheers
Thanks Marky!!!
solid presentation sir!
Thank you, I appreciate the positive feedback!! Steve
Thank you for this video!! You are the best!
That's nice of you. I appreciate the feedback!! Steve
How much is a mediation hour? And how much should I budget for a mediation since it takes few sessions? Great vid, thanks!
Great question Golfster I get that question a lot and my general response is it normally takes about 4-8 hours to really dig into the case facts in normal cases. In complex cases it can take 2 or 3 days. Sometimes, even after you "grind it out" in person, there are times when you get CLOSE to a settlement, but are not quite there. In some of these types of cases, the mediation can continue (often by phone) with the mediator continuing to try to hash out a deal (if the mediator is willing to continue pushing as a good mediator will be). So I would always provision one full day, with some luck or a willingness to settle, the mediation could go quicker, so it really depends. Hope this is helpful, thank you for taking time to comment and ask a great question!
What happens in a child custody mediation if the father was abusive to me and my child,neglecful?, my child has medical needs that his father will not take care of and my child is not safe with him
I need a lawyer wrongful termination
Hi from India -Steve- Very concise and excellent tips . Have you recorded any further videos after this- say on Negotiation or arbitration techniques. If not please do- I am sure Indian law students will like them
Excellent video. Thanks for the easy-to-understand information.
Thanks Mona, you are welcome! SV
Thank you for what you do sir.
Thanks Benjamin, glad you like!! Steve
Awesome video attorney Steve! I have mediation tomorrow, my Ps are strong!
LOL, best of luck and thanks for the compliment!!! Steve
Pearls, Steve...TY
I woke up this morning not happy becs this situation didnt go in my favor, I didnt have good lawyer , thank you for this video
Sorry to hear that. We have to learn from things and keep moving forward! Best, Steve
love your suggestions even it is a 5 years old video. but we can apply your suggestions always.
Yes, some of my videos have been up for a while, but usually still has some good information!!! Thanks for watching and commenting!! Steve
Is there a time to object at 13:24? Like a period to confer with the client and rebut the situation?
Great video, very informative. Instant subscribe! Thanks!
Great video. Thank you.
glad you liked it!
U are on point and clear. Great watching from Nairobi , Kenya
Hello and Thanks for watching!! Steve
hello Steve thanks for the video, two thought first one I had a very bad lowyer and after 10 months and spend a lot of money I didn't have a other choose to change it. Second I have to hire a Forensic account because I'm not sure bat it could be and sorry for misspelling Emblazonment , could I have and small tip about this? thank you.
This was ABSOLUTELY OUTSTANDING!!!! Literally watched it 4x!! Great Energy Steve!!
Yes!! Glad you liked it. 4X's? You are now at SUPERSTAR LEVEL!! : )
do you have a video about how DISCOVERY and subpoenas work in mediation?
lots of great tips, thankyou so much ❤
You got it Kris - thank you!! Steve
This attorney is awesome.
I strongly agree!! Thank you! Steve
Thank you!!
How does mediation work when it has already attempted in small claims court?
Very helpful thanks
Very good presentation.
Thanks Kathryn, I really appreciate your comments!! Steve
Steve what is your opinion on asking to be reinstated???
can the other party sue you back after a mediation settlement ?
Our case is on the court but we have no schedule yet? How can i do,when i can go to help me for mediation
Hey. Steve if I signed a.settlement but was misrepresented and didn't sign a release.can I go to an appellant court .my case had to do with fraud.
@Attorney Steve: Thank you greatly for these videos. I am in the process of a civil suit (me, being the plaintiff) in Superior Court and I am representing myself and I'm NO lawyer. The case is so bizarre and outrageous that I would not believe it if it did not happen to me. I watched your video on Torts and I used the info as a ground plan to write my complaint and summons. Thank you Sir for sharing your knowledge and experience...and the 5 P's.
you are very welcome!! Good luck! Steve
So Far How is it going.
How’d it go ?
Thanks you
Do this apply to mediation using the aberration process?
If one side feels they stand a lot to lose, is it possible they will side bar and come back with a proposal and hope the other side takes it?
Very informative .
I love this guy.
Mediation next week on the 9th Wednesday. Nervous yet excited
Nerves are normal.....usually goes easier than most think. Remember to be a good listener. SV
@@attorneysteve Ok got it. Everyone should listen to me and things will go my way. Got it, thank you Steve😂. 🙏
Fantastic.
Thank you!! SV
I love you! Thank you!
Aww, you are AWESOME.....thank you so much!! Steve
Thanku sir. U r awesme.
You are welcome, glad you like the video! SV
Thank you very much, Atty. Steve! Very helpful indeed- God bless you!
You are welcome Marilou!! Steve
Thank you I go to court on February 23rd for a mediation on a 3rd party law sue . I worked at a warehouse 6 years ago coming up now on may 2021 ... My left hand got caught in a 4 million dollar machine that was being operated with out a safety guard . Pretty much it was sucking my whole body in to the machine and by the grace of god I was able to pull my hand out and survived that injury . Now i had 35 surgeries since the date of the injury and now I’m going to be amputating what’s left of my left hand due to me not having no feelings on it and lost several fingers already and it’s been like that since day one but I was trying to give it a shot because once I amputated my hand I can’t go back . I wanted to do research on how far the technology is before I made it final . Anyway long story short it was a 800 million dollar company and we asked for 30 million at first so they know we mean business and we put a cap on nothing less than 12 million and the company agreed and requested The mediation even tho we had a trial set for may . Now I’m going to take the 12 million at the mediation if they try to go under that than I’m gonna go to trial on may 2021 . I know they agreed but you know how people changes their mind . We already won all the appeals they put in against me and the judge told them settle with me or we going to trial . No more changing things up or postponing the hearings because it’s costing them way more money . Oh yea 12 million and they gotta pay for the rest of the amputation and prosthesis hand also . Now am I doing the right thing settling out at my upcoming mediation on February 2021 ? Oh yea and if I end up having complications later on in life from
The injury I can take them back to court ...
Now my question is am I doing the right thing ?? ....
How did it go??
@@TheArtDeva it went very well !!!! 🤩
You can also handle everything outside of mediation or say nothing during mediation and then speak in a tribunal hearing; not legal advice just invoke Rights.
Great video! Thank you :)
Thank you Sara!!! Steve
thanks you sir
My pleasure!!
Awesome & helpful information!
Appreciate it!!
The 5 P's and he stack em. I believe this guy 100 %
Right on!! Steve
when CRD investigates your Housing discrimination complaint and they contact you saying that the opposing party wants to mediate, should I see this as a positive?
Thank you buddy, you just did!!! : )
I need to ask u a Personal question
Going in in 2.5 hours waited 7 years, very nervous.
You got this, Deep breaths.....
@Ranjit any updates?
Silently Not Knowable ASMR settled for 280, 6 hours of mediation, my lawyer lowered his fee to 25% to get deal done. Yahoooooooooo.
Steve Vondran I got nervous as hell giving a speech in the beginning, finally it’s over, I’m so glad, the weights been lifted off my shoulder, what you described is exactly what happened.
Pro se...mediation hearing Oct 4th, mediation brief due September 27. Steve, where can I get an example of what a 10-15 page mediation brief looks like. I have no idea how to put it together
Ooh, good question. I am starting a low-cost document site on Spotify. Coming soon!!
You are very welcome! Thanks for the comments!!
Your awesome !
Tiffany, thanks for the comments and sharing your thoughts on mediation. Not sure I agree totally with the 80% figure, many cases are pushed to mediation by the Court and the parties are just too far off. As always, it depends on the facts of the case.
I’m two years in a civil law suit Unlimited I’m disabled fifteen years and just had the the judge rule against the defidents and I’m on a case conference in May I don’t have a attorney my legal typist that I’ve had too Years lied to use conserning the case conference that was very important had meeting with the judge now I’m at case management
Do anyone who's unemployed have a chance in a joint custody case if one parent has the child and a friend at the house and he and the child had a good relationship both with the parent and the friend always gave the child candy but it wasn't candy he got out of the friend pocket when he fell asleep but the parent who is overprotective reacted in light speed quickness and goes into super father mode not knowing the child was completely safe and there was no injuries to the child??
Good points
Thank you, appreciate it!! Steve
I THOUGHT THIS WAS A MEDITATION VIDEO I WAS SO CONFUSED
lol, now that's funny. SV
Great video, Steve! I have mediation coming up with my former real estate broker for unpaid commissions. Wish you were in Florida, that guy's a serial offender and constantly tries to steal commissions from agents. I'd love to record a video call with you for my TH-cam channel, it would inform other Realtors of their rights.
Real estate is full of thieves. They are all over. In by they are no better. Just get out of business it is incredibly corrupt and dishonest
The Mediator I went to had us in seperate rooms. I appeared by myself. My Child’s father was in the other room with his two attorney’s and an assistant. The Mediator kept telling me that I should accept their offer. I feel like Mediation is a total waste of time. P.S the Mediator was $500 per hour. I sent a 8 page brief prior to arriving. She didn’t seem to have read it.
Sorry to hear that. Like anything in life, it's not always perfect. Sometimes it works sometimes it doesn.'t
What is a Facilitator? The same? I am clueless about this process, I am pro per and the other side is really billing the other party for a lot; but they are evil.
I don’t have a lawyer for my meeting should I be concerned
Can you get a mediator if you already have a jury trial scheduled?
Reasonable demands...from my $250,000 to ??? the jury would give
just got a letter from the bank they want to go to mediation for accounts I never open been dealing with this for about 2 years they keep giving me the runaround I didn't request mediation they just sent me the form what should I do They want to know what I want to settle the case
You have skill with sense of humor Steve 👍👍
I pick this to be the best
Well what if i medatate and my family hears me medation thats embarrassing
Thank you for sharing this. Your guide is very practical and useful. It didn't hurt watching a handsome guy explain this either ! ;)
You are too kind, thank you!! Steve
Steve, I set it up at 1.25 seems too fast??
Steve Vondran it’s good, thanks for this great video
Wow, Attorney Steve! Your Mediation White Board looks just your Litigation White Board ... or hmmm ... are they both the same whiteboard?
Great way to dual-purpose your out-of-pocket expenses, Steve. :-)
lol.....you got a keen sense of observation!! : )
My mediation is today, he’s lying ab his income and is self employed, I lost my job 2 weeks ago, the lady I was caring for (I’m a caregiver) was moved to skilled nursing out of my scope of practice as a CCMA, I was private healthcare, he will not provide his phone records credit report and more. We have 4 kids married 25 years and he doesn’t want to pay alimony and is low balling child support. I am a nervous wreck I only want my children and what’s fair to the truth of his real income. I’m a nervous wreck
Wouldn't it be cool if it was an actual joint session. Pass around the pipe and hope for some "mediation" or at least some kind of "good vibes"