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
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
in PowerPoint

PowerPoint
should
ENHANCE your
presentation
not BE your
presentation.
May 7, 2013 6
in PowerPoint

WHY TO USE IT
PowerPoint
May 7, 2013 7
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
in PowerPoint

Target audience
 Opposing party
 Opposing counsel
/ sophisticated
party
 Mediator
May 7, 2013 9
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
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
in PowerPoint

THE LITIGATOR’S
PERSPECTIVE
Why Use PowerPoint?
May 7, 2013 12
in PowerPoint

HYPOTHETICAL CASE:
DOE V. STARCAR CORP.
Auto Products Liability/
Crashworthiness Defect Allegation
May 7, 2013 13
in PowerPoint

Part 1:
Setting the tone with
the opposing party
May 7, 2013 14
in PowerPoint

PART 1:
SETTING THE TONE WITH THE
OPPOSING PARTY
WATCH FOR
THE SUBLIMINAL
MESSAGES
May 7, 2013 15
in PowerPoint

JOHN DOE V. STARCAR
CORPORATION
Mediation
May 7, 2013
Privileged & Confidential
May 7, 2013 16
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
17May 7, 2013
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
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
19May 7, 2013
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
20May 7, 2013
in PowerPoint

PART 1 CONTINUED:
SETTING THE TONE
Subliminal Messages
to the Opposing Party
May 7, 2013 21
in PowerPoint

Subliminal Messages to
Opposing Party
I KNOW YOU’RE
ANGRY AND
HURTING
May 7, 2013 22
in PowerPoint

Opposing Party
MY CLIENT ISN’T THE
REASON WHY
May 7, 2013 23
in PowerPoint

Opposing Party
MY CLIENT WILL
SETTLE FOR A
REASONABLE
AMOUNT TODAY
May 7, 2013 24
in PowerPoint

Opposing Party
OR WIN A DEFENSE
VERDICT AT TRIAL
May 7, 2013 25
in PowerPoint

Opposing Party
SO PLEASE BE
REASONABLE
May 7, 2013 26
in PowerPoint

Part 2:
Getting opposing counsel’s
attention
May 7, 2013 27
in PowerPoint

PART 2
Getting opposing counsel’s
attention
(or the attention of the
sophisticated opposing party)
May 7, 2013 28
in PowerPoint

NOT-SO-SUBLIMINAL
MESSAGES TO OPPOSING
COUNSEL
May 7, 2013 29
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
in PowerPoint

AND MY CLIENT
KNOWS IT
AND YOUR CLIENT IS
ABOUT TO KNOW IT
May 7, 2013 31
in PowerPoint

AND IF YOU REALLY
BELIEVE OTHERWISE,
WATCH THIS
May 7, 2013 32
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
33May 7, 2013
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
in PowerPoint 34

EVIDENCE SHOWS
 VEHICLE WAS NOT
DEFECTIVE
May 7, 2013
in PowerPoint 35

EVIDENCE SHOWS
 VEHICLE WAS NOT
DEFECTIVE
 CONSIDER STARCAR SEDAN’S
NATIONAL TRIAL RECORD:
36May 7, 2013
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
in PowerPoint 37

EVIDENCE SHOWS
 MR. DOE WAS DRIVING HIS
VEHICLE AT LEAST 80 MPH
 PHYSICAL EVIDENCE
May 7, 2013
in PowerPoint 38

EVIDENCE SHOWS
 MR. DOE WAS NOT WEARING
HIS SEATBELT
 PHYSICAL EVIDENCE
 EYEWITNESS TESTIMONY
May 7, 2013
in PowerPoint 39

WHAT HAPPENED
40May 7, 2013
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
41May 7, 2013
in PowerPoint

FHP
Crash
Diagram
May 7, 2013 42
in PowerPoint

PHYSICAL EVIDENCE
DOES NOT LIE
CRASH DAMAGE PROVES
VEHICLE SPEED WAS AT
LEAST 80 MPH AT IMPACT.
May 7, 2013
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
in PowerPoint

PHYSICAL EVIDENCE
DOES NOT LIE, cont.
CONDITION OF DRIVER’S
SEATBELT SYSTEM PROVES
MR. DOE WAS NOT
WEARING HIS SEATBELT
46May 7, 2013
in PowerPoint

SEATBELT
JAMMED IN
STOWED
POSITION BY
CRASH
DEFORMATION
May 7, 2013 47
in PowerPoint

D-RING
ANCHOR
HARDWARE
NOT
DEFORMED
OR
DAMAGED
May 7, 2013 48
in PowerPoint

D-RING AND LATCH PLATE
SHEATHING UNMARKED
49May 7, 2013
in PowerPoint

NO EVIDENCE OF LOADING
ON BUCKLE
May 7, 2013
in PowerPoint 50

WEBBING UNSTRETCHED
51May 7, 2013
in PowerPoint

SEATBELTS: EYEWITNESS
TESTIMONY
 Eyewitnesses to no seatbelt use:
 Mary Roe
 Sharon Roe
 Robert Roe
52May 7, 2013
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.
53May 7, 2013
in PowerPoint

PART 3
PowerPoint advocacy to the
mediator and via the mediator
54May 7, 2013
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!
55May 7, 2013
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.
56May 7, 2013
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
in PowerPoint

Some great PowerPoint tips
www.youtube.com/watch?v=MjcO2ExtHso
May 7, 2013 58
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
in PowerPoint

Final Points/
Suggestions/
Questions
May 7, 2013 60
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
davisr@law.ufl.edu
Sandra C. Upchurch
supchurch@uww-adr.com
800-264-2622
Edward H. Thompson
EThompson@seippflick.com
407-804-6201

Mediation Advocacy: Putting the Power in PowerPoint

Recomendados

Recomendados

Mais conteúdo relacionado

Último

Último (20)

Destaque

Destaque (20)

Mediation Advocacy: Putting the Power in PowerPoint