The Art of Persuasion: What Makes a Mediation Video Truly Work

When I first stepped into the world of mediation videos, I wasn’t looking for a camera angle—I was looking for a story. A reason why some videos seemed to unlock empathy and move mountains… while others barely caused a ripple. I wanted to know what made the difference. So I started talking.

I interviewed attorneys over coffee. I watched videos—some brilliant, some baffling. I sat in the back of mediation sessions, notepad in hand, watching adjusters shift in their chairs. Slowly, a pattern began to emerge. And it wasn’t about gear or gimmicks. It was about something deeper.

I realized something that might seem obvious in hindsight but isn’t always practiced in reality: people don’t decide with logic—they decide with feeling, then back it up with facts. So the question became, how do we build a mediation video that moves both heart and mind?

What follows are the five principles I discovered—through trial, error, and plenty of rewinds—that consistently lead to powerful, persuasive mediation videos.

1. Tell a Story, Not a Case File

Consider a classic three-act structure. Act One: life before the injury—a time of possibility, normalcy, identity. Act Two: the incident—chaos, pain, fracture. Act Three: aftermath—the new reality. When we frame a case this way, something remarkable happens: it becomes a human story.

Neuroscience has shown that the human brain is hardwired for narrative. As cognitive psychologist Jerome Bruner once observed, “We are storytelling animals.” Stories don’t just entertain us—they organize information in a way we can feel.

One of my early clients, a young woman paralyzed in a car accident, had a complex case with medical records stacking over a foot high. But in her mediation video, we showed her making pancakes with her kids—before the accident. We cut to the struggle of brushing her daughter’s hair now, post-injury. That one visual metaphor—simple, unadorned—did more than any chart or report could.

2. Create an Emotional Connection

Here’s the uncomfortable truth: most adjusters and opposing counsel never see the person at the center of the case. They see paperwork. Numbers. MRI scans.

A good mediation video can change that. A great one will.

This starts in the interview chair. As an interviewer, your job is not just to capture facts. It’s to listen—genuinely, deeply. I’ve interviewed dozens of people reliving the worst moments of their lives. And if they feel safe, if they feel seen, they open up. Their voices crack. Their hands tremble. Sometimes they laugh through tears.

And when that kind of raw honesty is captured on film, it travels straight through the lens and into the heart of the viewer. “Empathy,” as Brené Brown says, “fuels connection.” And in mediation, connection is the leverage.

3. Let the Visuals Do the Talking

Imagine being told about a shattered femur. Now imagine seeing the X-ray.

Visuals are not just supporting material—they are the argument. High-quality photographs, day-in-the-life footage, diagrams, even simple animation—these tools allow the viewer to experience the case, not just learn about it.

In one case, we used drone footage of the intersection where a pedestrian was hit. It wasn’t just dramatic—it was revealing. You could see how poor visibility made the accident almost inevitable. The defense’s tone shifted after watching it. Because now they didn’t just know—they understood.

4. Use Voices That Matter

There’s a principle in communication psychology known as the "messenger effect." It’s not just what is said—it’s who says it.

A video becomes exponentially more persuasive when it features testimonials from loved ones, eyewitnesses, and credible experts. A spouse describing how their partner cries out in the night. A doctor calmly explaining long-term nerve damage. A friend talking about how the victim used to dance.

These aren’t filler—they’re emotional and intellectual ballast. They make the story multidimensional. They build trust.

5. Respect the Craft

It’s easy to dismiss filmmaking basics as trivial. But they’re not. Bad sound, dim lighting, or jumpy cuts don’t just look sloppy—they erode credibility.

You don’t need Hollywood budgets. You just need thoughtfulness. Use a lavalier mic. Sit your subject in a well-lit room. Frame the shot like you respect the person in it. Edit for rhythm, not speed.

As Ira Glass, host of This American Life, puts it: “Great stories happen to those who can tell them.” But they also need to be seen and heard properly. That’s where the basics matter.

In the years since I began this work, my clients have consistently seen higher-than-expected settlements. That’s not because I found some secret formula. It’s because I started treating mediation videos not as exhibits—but as stories worth telling.

When we tell stories with truth, emotion, clarity, and care—we don’t just present cases. We change minds. And sometimes, that’s all it takes.

Kenny Ballentine

Executive Director of Production