Let Upchurch Watson White and Max, Mediator Sandy Upchurch and Defense Lawyer Ed Thompson show you the do's and don't of PowerPoint at mediation

1. 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

2. 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
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3. 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

4. PowerPoint
WHEN TO USE IT
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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5. 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)

May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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6. PowerPoint
should
ENHANCE your
presentation
not BE your
presentation.
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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7. PowerPoint
WHY TO USE IT
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Mediation Advocacy: Putting the Power
in PowerPoint
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8. 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.

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in PowerPoint
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9. Target audience

Opposing party

Opposing counsel
/ sophisticated
party

Mediator
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Mediation Advocacy: Putting the Power
in PowerPoint
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10. 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.
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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11. Effective uses of PowerPoint
The mediator’s perspective:
 Deposition testimony
 Timelines
 Photographs
 Maps
 Diagrams
 Jury forms/instructions
 Verdict form
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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12. Why Use PowerPoint?
THE LITIGATOR’S
PERSPECTIVE
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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13. HYPOTHETICAL CASE:
DOE V. STARCAR CORP.
Auto Products Liability/
Crashworthiness Defect Allegation
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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14. Part 1:
Setting the tone with
the opposing party
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Mediation Advocacy: Putting the Power
in PowerPoint
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15. WATCH FOR
THE SUBLIMINAL
MESSAGES
PART 1:
SETTING THE TONE WITH THE
OPPOSING PARTY
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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16. Mediation
May 7, 2013
Privileged & Confidential
JOHN DOE V. STARCAR
CORPORATION
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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17. 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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Mediation Advocacy: Putting the Power
in PowerPoint
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18. 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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Mediation Advocacy: Putting the Power
in PowerPoint
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19. 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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in PowerPoint
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20. 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
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in PowerPoint
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21. Subliminal Messages
to the Opposing Party
PART 1 CONTINUED:
SETTING THE TONE
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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22. Subliminal Messages to
Opposing Party
I KNOW YOU’RE
ANGRY AND
HURTING
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in PowerPoint
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23. Subliminal Messages to
Opposing Party
MY CLIENT ISN’T THE
REASON WHY
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Mediation Advocacy: Putting the Power
in PowerPoint
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24. Subliminal Messages to
Opposing Party
MY CLIENT WILL
SETTLE FOR A
REASONABLE
AMOUNT TODAY
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Mediation Advocacy: Putting the Power
in PowerPoint
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25. Subliminal Messages to
Opposing Party
OR WIN A DEFENSE
VERDICT AT TRIAL
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Mediation Advocacy: Putting the Power
in PowerPoint
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26. Subliminal Messages to
Opposing Party
SO PLEASE BE
REASONABLE
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Mediation Advocacy: Putting the Power
in PowerPoint
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27. Part 2:
Getting opposing counsel’s
attention
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in PowerPoint
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28. Getting opposing counsel’s
attention
(or the attention of the
sophisticated opposing party)
PART 2
May 7, 2013
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in PowerPoint
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29. NOT-SO-SUBLIMINAL
MESSAGES TO OPPOSING
COUNSEL
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in PowerPoint
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30. 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
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31. AND MY CLIENT
KNOWS IT
AND YOUR CLIENT IS
ABOUT TO KNOW IT
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in PowerPoint
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32. AND IF YOU REALLY
BELIEVE OTHERWISE,
WATCH THIS
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in PowerPoint
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33. 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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34. 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
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35. EVIDENCE SHOWS

VEHICLE WAS NOT
DEFECTIVE
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Mediation Advocacy: Putting the Power
in PowerPoint
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36. EVIDENCE SHOWS

VEHICLE WAS NOT
DEFECTIVE

CONSIDER STARCAR SEDAN’S
NATIONAL TRIAL RECORD:
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37. EVIDENCE SHOWS

VEHICLE WAS NOT
DEFECTIVE

CONSIDER STARCAR SEDAN’S
NATIONAL TRIAL RECORD:
 40
DEFENSE VERDICTS
 10 PLAINTIFF’S VERDICTS
May 7, 2013
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in PowerPoint
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38. EVIDENCE SHOWS

MR. DOE WAS DRIVING HIS
VEHICLE AT LEAST 80 MPH

PHYSICAL EVIDENCE
May 7, 2013
Mediation Advocacy: Putting the Power
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39. EVIDENCE SHOWS

MR. DOE WAS NOT WEARING
HIS SEATBELT


PHYSICAL EVIDENCE
EYEWITNESS TESTIMONY
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Mediation Advocacy: Putting the Power
in PowerPoint
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40. WHAT HAPPENED
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41. 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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Mediation Advocacy: Putting the Power
in PowerPoint
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42. FHP
Crash
Diagram
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Mediation Advocacy: Putting the Power
in PowerPoint
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43. PHYSICAL EVIDENCE
DOES NOT LIE
 CRASH DAMAGE PROVES
VEHICLE SPEED WAS AT
LEAST 80 MPH AT IMPACT.
 STARCAR TESTED THIS
MODEL VEHICLE IN A 30
MPH FRONTAL BARRIER
CRASH TEST.
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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44. STARCAR
SEDAN: 30
MPH
FRONTAL
BARRIER
CRASH
TEST
May 7, 2013
Mediation Advocacy: Putting the
Power in PowerPoint
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45. SUBJECT VEHICLE AFTER 80 MPH
CRASH WITH CITRUS TRUCK
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in PowerPoint
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46. PHYSICAL EVIDENCE
DOES NOT LIE, cont.
 CONDITION
OF DRIVER’S
SEATBELT SYSTEM PROVES
MR. DOE WAS NOT
WEARING HIS SEATBELT
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Mediation Advocacy: Putting the Power
in PowerPoint
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47. SEATBELT
JAMMED IN
STOWED
POSITION BY
CRASH
DEFORMATION
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in PowerPoint
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48. D-RING
ANCHOR
HARDWARE
NOT
DEFORMED
OR
DAMAGED
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in PowerPoint
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49. D-RING AND LATCH PLATE
SHEATHING UNMARKED
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in PowerPoint
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50. NO EVIDENCE OF LOADING
ON BUCKLE
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51. WEBBING UNSTRETCHED
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Mediation Advocacy: Putting the Power
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52. SEATBELTS: EYEWITNESS
TESTIMONY

Eyewitnesses to no seatbelt use:
 Mary Roe
 Sharon Roe
 Robert Roe
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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53. 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.
May 7, 2013
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54. PowerPoint advocacy to the
mediator and via the mediator
PART 3
May 7, 2013
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55. 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!
May 7, 2013
Mediation Advocacy: Putting the Power
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56. 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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57. PowerPoint: How to use it
Outline your speech first; then create your
PowerPoint
 Consider sharing it in advance of
mediation

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58. Some great PowerPoint tips
www.youtube.com/watch?v=MjcO2ExtHso
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59. 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
May 7, 2013
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60. Final Points/
Suggestions/
Questions
May 7, 2013
Mediation Advocacy: Putting the Power
in PowerPoint
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61. MEDIATION
ADVOCACY:
PUTTING THE
POWER IN
POWERPOINT
THANK YOU FOR JOINING US!
Course #
1302767N
Edward H. Thompson
1.5 C.L.E.R.
Sandra C. Upchurch
EThompson@seippflick.com
supchurch@uww-adr.com
407-804-6201
800-264-2622
www.law.ufl.edu/academics/
institutes/idr
Robin Davis, Director
davisr@law.ufl.edu
uww-adr.com