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MEDIATION MINUTE:
What can BILL CLINTON'S speech to the 
DNC Convention tell us about  good mediating?
SEPTEMBER 2012                 Like us on Facebook View our videos on YouTube Follow us on Twitter View our profile on LinkedIn  
MCD Standing Cropped
Mike Daisley, Attorney & Certified Mediator, NCDRC

On Political Conventions

and Mediation Presentations...

 

Greetings!  

    

     The nominating speech by President Bill Clinton at the 2012 Democratic National Convention here in Charlotte went on for 49 minutes.  That's longer -- much longer -- than most mediation presentations should ever last.   

     Still, even though this "lecture" from "Professor Clinton" was in front of 20,000 screaming Democrats with millions watching from home, there was a lot that litigants could consider when making an opening presentation in their next settlement conference.  (Compare other comments and videos on openings for Plaintiffs and Defendants, in a previous MEDIATION MINUTE newsletter.)

     Whether it's in a mediation or a trial, I've often found that 

the most persuasive argument isn't really an argument, as 

Bill Clinton offers a great 
"mediation presentation" to the 
DNC Convention in Charlotte. 

much as it is education.  It seemed to me that much of 

Clinton's remarks sounded more like they were from a college proffessor than from a lawyer/politician.  He explained facts.  (Granted they were the facts that he felt bolstered his argument, but isn't that what good advocates do?)  He didn't hide unfavorable facts, but brought them out and explored them.  He kept the attention of his audience by previewing what was coming and summarizing what he said.     

     Maybe best of all, he peppered his remarks with punchy one-liners.  ("Y'all pay attention to this.  This is important.")  The use of disarming humor is one of the best tools I've seen attorneys use in opening presentations at mediations.  ("It takes some brass to attack someone for doing something that you did too!")

     Just some election season observations that I thought I'd share in hopes that it might spark an idea or two for your next mediation...

 

     If you ever want to "kick the tires" on any other ideas that you have on how to keep your opening presentations for mediation compelling and memorable, I'd be happy to hear from you. Feel free to email me, or just call 704-887-6776. (If you are in Charlotte, we can meet for some coffee...I'll even pour!)

    Good negotiating to you, and best of luck at your next mediation. 

 

All the best,
Signature                                                
Michel C. Daisley
Attorney & Certified Mediator, NCDRC

  

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New to this e-newsletter?  Check out earlier e-ditions and videos of Mediation Minute & "Legal Trends, Odd & Ends."

  

    This "MEDIATION MINUTE" newsletter  is meant to offer just a few quick insights to keep in mind and perhaps consider for mediation advocacy. Some earlier editions have looked at  Two Words That Can Close The Deal and using my "QUERY Technique" to keep things cool and disarm controlling behavior.  Again, all of these newsletters and videos are archived at the DaisleyLaw.com articles page. 

     If you are a true glutton punishment, check out some of my LEGAL TRENDS ODDS & ENDS eNewsletters as well, and some of the videos attached.  Again, they can be found under the DaisleyLawGroup page of YouTube.  
     And now that I have joined forces with Bill Powers of Powers McCartan, PLLC, the use of videos will become even more prevalent as a way to communicate about various legal issues and common concerns.  
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