10 QUESTIONS ON ADR
9. What type of oral presentation should I prepare?
A 30-second message on each basic issue in the case (e.g., custody, parenting time, child support, property division, spousal support, attorney fees).
The 30-second message is the cornerstone for your presentation. It is the most clear and concise statement of your theory of the case (i.e., what happened, why it happened and why that means your client should win) and your theme (i.e., an expression of the morality of your theory). [If you need further explanation of the concepts of theme and theory, see S. Lubet, Modern Trial Advocacy (NITA, 1993).]
No doubt, there will be opportunities for you to expand on the underpinnings and factual intricacies of your positions on each issue. But if you can’t summarize your argument in 30 seconds, if you can’t catch the attention of the other side and the mediator or arbitrator, if you can’t return to your main idea with ease, you will impress no one by filibustering, blowing smoke or relying on hyperbole.
The nature of your ADR proceeding may require other, more detailed or trial-like preparations. Be sure to clarify the expectations of the mediator or arbitrator during the pre-hearing telephone conference.