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Session information: Advocacy beyond trial: settlement, mediation and negotiation for young litigators.
Join experienced litigators and mediators to unlock the keys to a successful out-of-court dispute resolution process. The session will take place between 1530 to 1700 followed by drinks. The topics that will be covered are as followed:
- The psychology of negotiation: anchoring effects, risk perception, the role of ego and emotion, cultural influences and cognitive biases settlement perception of “loss”.
- Client management in settlement contexts: managing unrealistic expectations, aligning legal strategy with business objectives and internal stakeholders (board, compliance, PR, insurers).
- Power asymmetries in negotiation: information imbalance, financial endurance and litigation fatigue, reputational pressure, multi-party dynamics and tactical delay as leverage.
- Types and styles of mediation: facilitative vs evaluative mediation, transformative mediation in relationship-driven disputes, shuttle diplomacy vs joint sessions and cross-border mediation challenges.
- Persuation tools in mediation: what should (and should not) be shared with the mediator. Using the mediator as a strategic messenger, controlled vulnerability and testing legal theories in a confidential environment.
- The young litigator’s perspective: transitioning from adversarial mindset to problem-solving mode; building credibility, balancing assertiveness with relationship-building and developing negotiation instincts early in practice.
Co-moderators:
Irene Arévalo González Gómez-Acebo & Pombo SLP, Madrid, Co-Chair, IBA Young Litigators Forum, IBA Litigation Committee
Albrecht Doering Härting Rechtsanwälte, Berlin, Co-Chair, IBA Young Litigators Forum, IBA Litigation Committee
Speakers:
Frederick A Acomb Miller Canfield, Detroit, Michigan; Member, IBA Litigation Committee Advisory Board
Alice Childs Travers Smith, London
Ira Nishisato Borden Ladner Gervais, Toronto, Ontario; LPD Council Liaison Officer, IBA Litigation Committee
Lawrence Teh Dentons Rodyk, Singapore; Member, IBA Asia Pacific Regional Forum Advisory Board