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

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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)

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PowerPoint should ENHANCE your presentation

not BE your presentation.

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WHY TO USE IT

PowerPoint

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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 Mediation Advocacy: Putting the Power

in PowerPoint

Target audience

Opposing party

Opposing counsel

/ sophisticated

party

Mediator

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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.

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Effective uses of PowerPoint

The mediator’s perspective:

Deposition testimony

Timelines

Photographs

Maps

Diagrams

Jury forms/instructions

Verdict form

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THE LITIGATOR’S

PERSPECTIVE

Why Use PowerPoint?

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HYPOTHETICAL CASE:

DOE V. STARCAR CORP.

Auto Products Liability/

Crashworthiness Defect Allegation

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Part 1:

Setting the tone with

the opposing party

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PART 1:

SETTING THE TONE WITH THE

OPPOSING PARTY

WATCH FOR

THE SUBLIMINAL

MESSAGES

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JOHN DOE V. STARCAR

CORPORATION

Mediation

May 7, 2013

Privileged & Confidential

May 7, 2013 16


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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

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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

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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

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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

20 May 7, 2013


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PART 1 CONTINUED:

SETTING THE TONE

Subliminal Messages

to the Opposing Party

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Subliminal Messages to

Opposing Party

I KNOW YOU’RE

ANGRY AND

HURTING

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Opposing Party

MY CLIENT ISN’T THE

REASON WHY

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Opposing Party

MY CLIENT WILL

SETTLE FOR A

REASONABLE

AMOUNT TODAY

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Opposing Party

OR WIN A DEFENSE

VERDICT AT TRIAL

May 7, 2013 25


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Opposing Party

SO PLEASE BE

REASONABLE

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Part 2:

Getting opposing counsel’s

attention

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PART 2

Getting opposing counsel’s

attention

(or the attention of the

sophisticated opposing party)

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in PowerPoint

NOT-SO-SUBLIMINAL

MESSAGES TO OPPOSING

COUNSEL

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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

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in PowerPoint

AND MY CLIENT

KNOWS IT

AND YOUR CLIENT IS

ABOUT TO KNOW IT

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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

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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

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in PowerPoint 34

EVIDENCE SHOWS

VEHICLE WAS NOT

DEFECTIVE

May 7, 2013


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EVIDENCE SHOWS

VEHICLE WAS NOT

DEFECTIVE

CONSIDER STARCAR SEDAN’S

NATIONAL TRIAL RECORD:

36 May 7, 2013


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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

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in PowerPoint 39

WHAT HAPPENED

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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

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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

46 May 7, 2013


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SEATBELT

JAMMED IN

STOWED

POSITION BY

CRASH

DEFORMATION

May 7, 2013 47


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D-RING

ANCHOR

HARDWARE

NOT

DEFORMED

OR

DAMAGED

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D-RING AND LATCH PLATE

SHEATHING UNMARKED

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NO EVIDENCE OF LOADING

ON BUCKLE

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in PowerPoint 50

WEBBING UNSTRETCHED

51 May 7, 2013


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SEATBELTS: EYEWITNESS

TESTIMONY

Eyewitnesses to no seatbelt use:

Mary Roe

Sharon Roe

Robert Roe

52 May 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.

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PART 3

PowerPoint advocacy to the

mediator and via the mediator

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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!

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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.

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PowerPoint: How to use it

Outline your speech first; then create your

PowerPoint

Consider sharing it in advance of

mediation

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Some great PowerPoint tips

www.youtube.com/watch?v=MjcO2ExtHso

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http://www.youtube.com/watch?v=MjcO2ExtHso

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

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Final Points/

Suggestions/

Questions

May 7, 2013 60


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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

[email protected]

Sandra C. Upchurch [email protected]

800-264-2622

Edward H. Thompson [email protected]

407-804-6201

http://www.law.ufl.edu/academics/institutes/idr





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mediation advocacy: putting the power in powerpoint

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