As the cost and risk of litigation increases, counsel must explore alternative methods of dispute resolution. The Iowa Bar has been a pioneer in the implementation of ADR. Mediation, on a voluntary basis, is the rule rather than the exception in most major cases. Like litigation, mediation is a process that depends upon the experience and knowledge of counsel for its success. We offer both mediation and mediation advocacy services to members of the Bar.
As mediation advocates, we assist you three areas: Pre-presentation strategy, advocacy presentation and strategic negotiation. After being briefed on the facts and law of the case, we can assist you in analyzing the various mediation objectives, positions, needs and gambits, climates and strategies. During plenary caucus, we can assist you in choosing the best method of and strategy for presentation of your clients case. For example, should you open the case "high" or "low", should you use multi-media and, if so, what form. To assist you at a lower overall cost to your client, we have the necessary computer and video production equipment to produce various multi-media methods of presentation.
Finally, during caucus we can assist you in negotiation strategy and demand formation. Mediation strategy must take into account that unlike negotiation, mediation is fluid. To ensure that all aspects of the process, from objectives through gambits have been thoroughly canvassed, we employ both a traditional mediation preparation workbook technique as well as two different forms of computer interactive preparation software.
We are often called upon to act as neutrals or mediators. As neutrals, you are in control of the process. Our job is to facilitate a climate for compromise. We are not dogmatic but allow you to determine the format of the mediation with one word of caution. Our training is in the classic method of mediation (plenary-caucus method). We are not trained, and prefer not to employ, the transformative method of mediation. If you prefer the transformative approach, we strongly recommend that you contact Percy Julian of the Madison Wisconsin Bar. Mr. Julian is an acknowledged expert in the transformative method and we defer to his expertise.
There are, however, certain prerequisites to our becoming involved in your case as a Mediator. They are:
1. All parties must be represented by Counsel.
2. All Counsel must agree not to employ the tactic called "agent without portfolio."
3. All Counsel must agree that while the parties may recess the mediation, only the Mediator can terminate the mediation.
In addition to their qualifications as trial lawyers, both Messrs. Critelli have undergone extensive training in Mediation, both as an advocate and as a mediator:
Mr. Nick Critelli received his mediation training in the United States at the United States Arbitration and Mediation Services and the American Arbitration Association and in London at the Centre for Dispute Resolution. Approximately forty percent of his legal practice, here and abroad, is devoted to mediation both as an advocate and as a mediator. Recently, he has been a mediator and arbitrator in the nationwide Prudential class action litigation.. He is currently President of the American Academy of ADR Attorneys, a professional Academy that trains and certifies lawyer mediators and mediation advocates.
Mr. Tre' Critelli received his initial advocacy training at the National Institute for Trial Advocacy and his mediation training by the American Academy of ADR Attorneys. His focus is on mediation advocacy, particularly the use of various multi-media methods during mediation. He is a frequent lecturer at legal seminars on the multi-media approach to mediation advocacy. He is also a volunteer mediator for the Polk County Mediation Project.
See also our Mediation Brochure and Mediation Workbook (note that this is in encrypted .pdf format. Please contact us to obtain the password.)
(c)2004 Law Chambers of Nicholas
Critelli