Using Trial Strategies in Mediation and Arbitration
Posted by Alex Miller on Sep 22, 2009
Obviously not all of your cases go to trial; some are settled in ADR settings such as mediation and arbitration. Why would you walk into a ADR any less prepared than you would walk into a courthouse?
Attorney Sharon Rowen of Atlanta, GA realized this and prepared for her mediation with trial consultant Eric Oliver, using the techniques in his book Facts Can’t Speak for Themselves. The defense counsel tried to spin Ms. Rowen's personal injury case against a renowned charity as a simple slip and fall. Using Oliver's strategies, which are outlined in Facts, Ms. Rowen was able to reframe the case, turning it from a "fall from a ladder" case to a "corporate negligence at the highest level" case. She also framed the case story so the defense understood that a charity organization would not be immune from a large jury verdict.
Due to Oliver's techniques, Ms. Rowen obtained a very favorable settlement (amount confidential) despite the obvious challenges in her case.
David Ball, renowned trial consultant and author of David Ball on Damages, has said about Oliver, "Eric has been one of the most important influences on my work, and on that of many of America's best attorneys and consultants. What he teaches is as good as it gets... He teaches, among other things, how to use jury selection in essential ways no one else has even thought of... most importantly given today's conditions, he teaches how to create a case story that appeals to every juror including the tort-reformed.
Buy your copy of Fact's Can't Speak for Themselves today.