POST-MEDIATION EVALUATION FORM

Name: Alexandra George

Role: Client, Kathryn
Partner: Chris

Describe the division of responsibility between attorney and client.

As the client, I was responsible for understanding the facts of the case and
effectively communicating to the opposing side how the case had affected me both on an
emotional level and a financial level. In the opening statement, my attorney, Chris, was
responsible for giving an overview of the facts and the legal implications, and then
passed it over to me to explain how I saw the case from my perspective.
How did the presence of the mediator affect the negotiation?
Having a mediator present helped to both organize and facilitate the negotiation
talks. It was helpful to have the mediator summarize the overall positions and emotions
that were at play from both parties, while also forcing us to also contemplate the
weaknesses of our positions without abandoning her neutral stance.
What specific strategies and techniques did the mediator use to help the parties
reach agreement?
As briefly mentioned above, the mediator helped us reach an agreement by having
both parties contemplate the weaknesses of our case. In so doing, both parties were also
able to see the case from a newfound perspective that, in turn, helped each party become
more open to listening to each other. The mediator also used caucuses to discuss the facts
of the case one-on-one and point out potential weaknesses of our arguments that we
should be aware of.
How did you or your partner use the mediator to your advantage?
My attorney, Chris, used the mediator to his advantage by having her act as a
referee in keeping the conversation on track. He did this by outlining the specific points
that he wanted to cover at the beginning of the negotiation. Consequently, the mediator
helped steer the conversations in keeping with those points.
Could the mediator have done anything else that might have helped moved the
negotiation along?
I personally feel as though the mediator helped facilitate the negotiation perfectly.
She took the time to really understand the issues and emotions at play and navigated them
effectively.

Did you end up following your mediation advocacy plan? If not, how did you deviate
and why?
Yes, I followed my mediation advocacy plan.
Looking back, how could you have improved your preparation?
One thing I could have done to improve my preparation would be to emphasize
the facts of the case that could be used to make me appear more sympathetic. Doing so
would have helped me to truly emphasize the impact that case had on me emotionally
during the negotiation talks.
What were the terms of the settlement? If you did not reach a full settlement, please
list any points of agreement made before ending the session.
The terms of the settlement were that I was to be re-employed at the company as a
recruiter/trainee of incoming employees, the company will pay the 5K in attorneys fees
and 60K in back pay, my monthly salary will increase to 15K a month, and immediately
upon my re-employment I will receive 1% with a cap of 8% of the net revenue I bring to
the company.
After watching your recording, what are the two most important skills you need to
work on?
Upon watching the recording, two skills that I need to improve on are the ability
to be clear and concise in my position and to be more confident. There were times during
the negotiation where I rambled on instead of providing a clean answer that illustrated my
stance on the matter. I think, partly, this had to do with my lack of confidence in my
response. As such, I need to be more aware of not only what Im saying, but also, how
Im delivering it. An effective communicator is able to cover major points in a concise
manner that is easily understood by all. Complex answers to questions may just impede
communication.