Page 18 - Becoming a Better Negotiator

difference involves either, or both, the inclusion of too much or too little information. If your only purpose in using a PowerPoint is as an outline of your opening, don’t bother.
The purpose of an opening is to seed doubt in your opponent’s mind about their evaluation of the case. What are the elements that the Plaintiff must prove to prevail? What key evidence supports your position or contradicts theirs? If this evidence is documentary, include the document in your presentation with a clear explanation of its importance. If the other side’s key witness has lied under oath, or contradicted an element of their claim or defense, include the quote or better yet blow up the transcript passage. If there are pictures that illustrate the point, use them.
The PowerPoint, like the rest of the opening, should not be argumentative. Show your facts and explain their significance.
Experts At Mediation -- Best Practices
Experts are most valuable when they appear to be presenting a logical interpretation of objective facts. The best use of experts at mediation recognizes that experts are perceived to be hired guns – that is that their opinion is a function of who is paying them. Whether this perception is accurate depends on the expert but regardless of its accuracy, the perception should be recognized and
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