This is the ninth article in this series on mediation advocacy. The eighth article, published August 31, discussed the advocacy strategy for the opening joint session. The article continued a scenario in which the parties, Widgetronics and DesignMetrics, entered into a contract containing a dispute resolution clause and became embroiled in a dispute over Widgetronics’ alleged wrongful termination of the contract. During the preliminary conference call with the mediator, the mediator reviewed the process she would be utilizing at the mediation, starting with a joint session and then moving to private caucuses with each party. This article provides tips on effective advocacy for those caucuses.
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