Several years ago, before I began my transition from litigator to mediator, Orange County trial attorney Jim Kurkhill taught me a valuable lesson about the power of communicating “visually” in mediation – one I have never forgotten.
During an opening joint session, Jim used an exceptionally well-constructed computer presentation to preview what, in essence, he planned to show and tell the jury in his opening statement if the matter proceeded to trial.
Using photos, charts, graphics and computer-generated 3D models, Jim persuasively laid a foundation for an outcome far more favorable to his client than anyone else in the room had ever contemplated. The impact was powerful and immediate – especially on the claim representative for my client. The matter was resolved by the end of the day.
Jim’s effective use of visual aids altered the dynamics of that particular mediation before I had a chance to say a word. It was readily apparent that the mediator – a retired Orange County judge who was highly regarded by both sides – had found Jim’s arguments to be compelling. More importantly, the claim representative was so impressed with Jim’s persuasive abilities and his command of technology that she immediately reconsidered the value she had placed on the claim (not withstanding her total confidence in my trial skills, I should add!).
While the use of a Power Point presentation with computer-generated models will always be an effective way to present one’s case, one needn’t be quite that technically sophisticated to accomplish the same objective. The use of enlarged color photographs, simple graphs and charts, or anything else that is visual in nature can have an immediate visceral impact on the way all the participants in the mediation evaluate the dispute and the way they gauge your ability to effectively and persuasively communicate your client’s position.
One picture truly can be worth a thousand words. Whenever you have an opportunity to do so in mediation, consider putting on a little show because you never can tell what might happen.
As always, it would be my pleasure to assist you and your clients in the dispute resolution process. Please don’t hesitate to contact me if I can be of service.
Best regards,
Floyd J. Siegal
fjs@fjsmediation.com