Making Mediation Work in Your Favor - How to Approach Mediation in High Stakes Litigation

Рет қаралды 36,754

3 жыл бұрын

Florida litigation attorney Jonathan Pollard discusses mediation strategy. Mediation is now an unavoidable and often mandatory part of the litigation process. Mediation is frequently unsuccessful and a waste of time. Even worse, a bad mediation actually can do significant damage to your case. Pollard looks at mediation through the lens of a litigator who generally mistrusts the "make a deal at any cost" paradigm.
In many cases, mediation is your only opportunity to speak directly to the decision maker(s) on the other side. That means you can present your case to them, without their lawyer serving as a translator or buffer. This is how you transform mediation from a waste of time (or worse) into a possible home run.

Пікірлер: 85

@ellenfox5104 2 ай бұрын

TY for sound insight! “Do not take a bad deal” A Perfect Timing Reminder! ♥️

@lindaayres 3 жыл бұрын

Bravo, Jonathan Pollard! Thank you! Pro Se litigants appreciate you, too! Way more than you can possibly know! xoxox

@geniusggaming8423 Жыл бұрын

So very timely! Totally a God-sent. Thank you so much. God is with me and fighting for me.

@aphysique 2 ай бұрын

Amen 🙏🏻

@sonpollo8995 10 ай бұрын

I wish all lawyers had excellent communication skills like you.

@BBBB-sl3bq 10 ай бұрын

Mediators guide the conversation, allowing both sides to listen, move away from positions to interests and needs to arrive at an agreement. The parties in an ordered mediation are represented by their lawyer. A mediator doesn't need to be a lawyer. The mistake is when a lawyer thinks he can mediate because of trial and legal experience versus a trained mediator.

@kristybarnes2563 Жыл бұрын

I like you. You appear to be upfront & genuinely, honest; I appreciate this.

@maurice2014 2 ай бұрын

How’d it go? What did you ask for?

@leilanituano6474 2 жыл бұрын

Your video just eased my mind.. Thank you!! I’m a pro se litigant suing the at fault driver for property damages caused in a rear end accident.. The insurance company defending the insured has tried to run me to the ground.. I recently presented a trial brief and requested a reclassification to civil unlimited..that had both lawyers asking the judge to order a mediation..your presentation just assured me that i was on the right track!!🙏🏽

@ThomasaColeman1 4 ай бұрын

I hope everything worked out well for you.

@ArracheliLopeia Ай бұрын

How did it ended?

@mikerichards8400 Жыл бұрын

Thank you for a brilliant commentary and analysis on the mediation process. Magnificence par excellent!

@marlanabeasley1790 Жыл бұрын

Oh heck yeah great video !! Thank you sir

@caringlovetv6998 Жыл бұрын

I will watch this as soon as I have a time.

@jerryle7 Жыл бұрын

Appreciate it Sir …. Extremely informative!!!

@tarrondrichburgh5536 9 ай бұрын

Great information bro. I'm in the process of mediation as we speak. Literally in about a week in a half. I like to know my own information without relying solely on my attorney. I thank you

@DeepakKumar-pe4ll Жыл бұрын

I have got so far the best information from you!

@personalinjuryshow Жыл бұрын

Awesome advice. Very good explanation on a complicated topic, Thank you!

@jingwang2953 Ай бұрын

This is super super helpful! Thank you and god bless you

@MusicX9BeatS Жыл бұрын

Wow... Thank you, this video you did was so helpful and informative. Best video I found for tips on this type of situation

@fightemploymentdiscriminat9836 Жыл бұрын

Great info! Thanks for sharing it!

@appleblossom4791 Жыл бұрын

Thank you, Thank you, Thank you. I certainly appreciate this content. Knowing there are attorneys who truly believe in what is fair and just is refreshing. What I have experienced in the last several years has been very disheartening. Understanding the legal system helps to make better decisions as a potential client. It does appear as if, like everything else in society, the way our courts are operating is very different.

@kristybarnes2563 Жыл бұрын

Thank you. I have been doing deep, research on legal/law for several years & I'm just coming across your name. This is first of your videos ever seen. Why is that?

@knotykyng3149 Жыл бұрын

AWESOME ADVICE! Thank you for making this video

@thadanielshow 8 ай бұрын

Thanks brother. I appreciate your insight and information.

@user-ve5bk6sm4v 6 ай бұрын

You're fantastic thank you for all the information. My mediation is tomorrow and I'm the one that got hurt.

@aphysique 2 ай бұрын

How did it go?

@espianmashias9565 2 жыл бұрын

Excellent video!✊🏼✊🏼✊🏼👍🏼❤️

@Pointofview125 5 ай бұрын

Thanks this so insightful utilizing this to my premeditation in pro per.

@melissacook 11 ай бұрын

Great information! Thank you.

@devikalambert1674 Жыл бұрын

Loved it im in the uk and although different what you shared will apply to our case and will use it when we mediate the case for my dads estate

@scottjustin9800 6 ай бұрын

Very informative.

@captainrick5248 Жыл бұрын

Thanks. I just requested a SJ n this helps me cope.

@Tweety2U2 2 ай бұрын

Excellent thank you 👍🏻

@hillcitymusic Жыл бұрын

Greetings, Attorney Pollard. Amazing video with extremely insightful information. I'm curious about how much time is allotted for an opening statement. Thanks!!

@tedrosafenegus4461 Жыл бұрын

Thanks !!!

@thelma4 7 ай бұрын

Thankyou for this important information 😊❤

@kara4590 Жыл бұрын

Fantastic.

@davidjoegamez5901 5 күн бұрын

Appreciate the insight

@carolynwilson9828 Жыл бұрын

Thank you I’m in Louisiana I’m waiting on something like that I thing

@gigiband9254 Жыл бұрын

I appreciate you

@monicatalbert4886 9 ай бұрын

Thank you

@frankmerrill6538 3 ай бұрын

Hello, and thank you. I really appreciate it all of that good information. The one question I have is in mediation, building a PowerPoint do you want to put your strongest case forward… names dates times statements etc…? Or would that potentially hurt you giving them too much information in the beginning for them to have time to try and come up with a better strategy on their end if it does go to court??

@michaeltrust4028 8 ай бұрын

Outstanding as usual. One point that was missed - mediation can also be used as a fishing expedition by one party to see what the other party has. That can be dangerous to the party being "fished". Otherwise, spot on. Thank you for these great videos.

@jep23452 8 ай бұрын

Not really. Everything comes out in discovery. I've never seen a mediation where one side successfully fished for and got factual evidence that had previously been held back. What people are really "fishing" for is the lowest number that your side might accept --- And I covered that.

@flee78 Жыл бұрын

You're #1

@shankar3950 2 жыл бұрын

Question: what if the defence right off do not make a counter offer for settlement, but they want to file a motion instead

@alkarimshariff2720 Ай бұрын

Thanks for the great information as I am heading on a mediation on July but only 1 thing I didn't understand why my lawyer asked me to submit my paystub as before I use to make 27.61 and after I got fired I found a job that pays 21,how much do u think from your experience will I get thanks

@stevescarsfish2175 2 жыл бұрын

Thanks for this video. I have a herniated disc due to the accident I was in. 100% other driver is at fault turned left in front of me. I have had several epidural injections to my lower back with no pain relief. Had a mild concussion with headaches. Now doctor is thinking surgery. Other driver has 100k in liability. My attorney made demand for the 100k. They came back with 29k. With my loss of revenue for my business and the pain and suffering I have suffered more then that. I also have 100k under insured. I’m only 42. I’m fearful this will be problems when I get older. I told my attorney I want all 200k on the table. The case is cut and dry

@OpenandShut4 2 ай бұрын

how did it end up?

@sandybrown5631 Жыл бұрын

I LOVE YOUR AZZ FOR POSTING THIS VIDEO!

@trinhthan Жыл бұрын

are you talking on the plaintiff side or on the defendant side?

@luisj305 2 ай бұрын

can i use power point in a zoom mediation Iam prose and my wife has a attorney

@LizaLiza-jk4zh Жыл бұрын

Great insight and presentation. What would you recommend for a.civil rights complaint where meditation at state's Attorney General's office is optional and no choice of mediator? Also, the atty has not been forthright failing to mention new opposing counse has taken over and use to work in their officer's and without perrmission, knowledge or informed consent disclosed my positions, and who knows what more. Prior to this, she told me I had two choices Apparently, she forgot that at defendant's reqquest I agreed to mediation. Because case is novel it hardly has any case laws to help interpret federal statutes (fair housing), although I any state and city legislation has tried to clarify federal statues by specifically prohibiting what case is about. But its not the same as case law. I suspect attorney has some kind of personal relationship with opposing counsel because it suddenly seems like she's no longer in my court and a conflict of interest exists. May have to represent self at mediation and just wondered if you had any recommendations for when there is no choice of the mediator.

@felixawoyemi5745 Жыл бұрын

Who selects mediator?

@jayionniepage8209 Жыл бұрын

Is there away that the client can speak

@ruthrosado3433 Жыл бұрын

❤

@vegas9440 4 ай бұрын

How will the mediation got the pros and cons of a case? Do they look at all evidence

@jep23452 3 ай бұрын

It really depends on the mediator. But even a good mediator won't be able to review ALL of the evidence. You or your lawyer should give the mediator the most important / critical evidence before the mediatio.

@sugabay Жыл бұрын

Do you know any medical experts?

@lenaely6146 7 ай бұрын

American courts need to be CLOSED.

@UIndyStudentAffairs Жыл бұрын

Did he say thousands if not hundreds of times?

@davidstrong8638 Жыл бұрын

I never got asked to pick a mediator

@firepjohn2701 Жыл бұрын

Instead courts have reduced their load on there own. Just grant summary judgement and push it down the road.

@jep23452 Жыл бұрын

Tell me again to put my suit back on. Nah, I'm good son.

@peterkincaid6406 Жыл бұрын

Thankfully Austrialian Prime Minister made mediation before divorce . Some forty ish years ago !!

@andygonzalez5778 3 ай бұрын

I got all.....but since i did rebuttal letter with my own handbwrithing last june with only 65% of the evidence i got to proff my case is been silence....now i jist got terminate from my new job as doorman witch was the position they denied base on age and ethnicity,but funny fact is ....the HR director at my new job was the old HR director at my old job.. it is wrongfull termination thats a facts ...because videos dont lie...people do...but videos dont..but the person is so powerfull here that lawyers flinch...can i do it pro se?

@ultraret 3 ай бұрын

What if its an employer has an MO of fraudulently knowingly and willfully failing to pay a large commision when due. He then uses a mediation precedent not in good faith but to hinder obstruct and delay, resolution. He benefit(invest) from our funds, drain legal fees and then try to get desperate people to accept trash offers until someone actually brings the fight to him or its close to arbitration. Why give them your playbook before the big game?

@jep23452 3 ай бұрын

Go get legal advice. But real -- People ask these long, rambling, questions that are ultra specific to their own unique situations. On my KZfaq or on Linked. And that's not realistic. You need to put all this in front of a capable lawyer and get them to evaluate it and properly advise you.

@2quack 3 жыл бұрын

Love your videos, such a perfect direction, please put your suit back on. If I arrived to work dressed as such I'd be dismissed. Long term fan. Please don't take offense.

@jep23452 3 жыл бұрын

My videos are a public service. I wear a suit when I’m in court. That’s it. These days, I have zero need to dress up to impress or entertain people.

@ruthrosado3433 3 жыл бұрын

@@jep23452 Mr. Pollard, even out of court and without a suit you will win any argument. I'm a fan since 2010. WOW!!!

@rakishaking6626 9 ай бұрын

😂😂THEY BETTER COME TO JESUS!!!❤

@suzanne6031 Жыл бұрын

What the heck are you wearing?! Not exactly how I’d expect a professional lawyer to present himself for the whole world to “judge”

@peterkincaid6406 Жыл бұрын

BUT HE IS NOT ONE OF THE MAJORITY OF LAWYERS WHO ARE IN FACT PART OF JEZEBELS ILLUMINATED NAZI FALSE JEWS WHO CONTROLLS OUR WORLD VIA THEIR ILLEGAL GOVERNMENTS WHICH ARE MANIPULATING OUR WORLD VIA MASONIC DEMOLAY PAWNS WHO SIT AT JEZEBELS TABLE. IE. ZECHERIAH CH 5. REV CH 2 AND MYSTERY BABYLON. IN REV CH 17 THRU 20 !! NO WONDER WHY JESUS SAID THAT THE LAW IS AN ASS. DID NOT THIS GENTLEMAN SAY HE WAS A MEDIATOR !!! AMEN !!

@moore985 Жыл бұрын

No one is forcing you to watch him ..the content is what is helpful to those who need it not what he is wearing