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Mediating Damages (Continued from page 27)


you prepare for the session, think care- fully about what information you want to share with the mediator in confidence, what information you want to authorize the mediator to share with the other side, and whether you want to condition the release of information by the mediator on particular developments. If an impasse occurs, consider whether


it may be helpful for the mediator to provide a case evaluation or analyze alternative settlement scenarios. Parties should make every effort to negotiate an agreement without the mediator having to weigh in, but if all else fails, these services often help to bridge a gap.


Rule #3: Learn From Experience


Every time they appear in court, the


best trial lawyers carefully note what worked and what did not work. Media- tions deserve the same rigorous analysis. Did you achieve a favorable settlement for your client? If so, what techniques and strategies seemed to move the process forward? What approaches, if any, seemed unhelpful or dysfunctional? What could you do differently next time? Mediation advocacy is just as much


an art as trying a case in front of a jury. The more time and energy you put into mastering the craft, the more effective you will be in negotiating damages for your clients. These skills become more important every day. n


About the Author The Honorable James L. Ryan joined


The McCammon Group in 2007 and has mediated over 100 cases. He served as an Associate Judge


on the Montgomery County Circuit Court from 1991-2006 and on the Montgomery County District Court from 1987-1991. He was a Domestic Relations Master on the Circuit Court from 1982-1987. A 1969 graduate of Catholic Univer-


sity Law School, Judge Ryan was a solo practitioner for 13 years before entering public serve. He has taught Trial Practice at Catholic University Law School and served on Board of Directors of the Maryland State Bar Association.


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Trial Reporter


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