Mediation
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Mediation

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Course Overview

Focus on mediation skills in this course, learning to facilitate negotiation and conflict resolution in a variety of contexts, including commercial disputes and workplace conflicts.

Who Should Attend

  • Legal managers
  • Claims managers
  • Company lawyers and in-house counsel
  • Commercial contract managers
  • Lawyers and other professional advisers in private practice
  • Judges
  • Academic lawyers
  • Anyone involved in the professional management of relationships

Course Outcomes

  • Evaluate and apply mediation-based strategies for resolving conflict
  • Identify the strengths and weaknesses of mediation when applied to specific disputes
  • Prepare their organisation to participate in the mediation process
  • Use newly gained skills to select an appropriate mediator
  • Manage conflict through a negotiated approach

Course Topics

Overview of Mediation

  • Mediation fundamentals
  • Facilitated negotiation and neutral intermediaries
  • Appointing and working with a mediator
  • Process and stages of a mediation
  • Reaching a settlement agreement
  • Practical arrangements

Mediation Agreements and other Formalities

  • Contractual commitments to mediate
  • ADR Contract Clauses
  • The Mediation Agreement
  • Important clauses in the agreement
  • Establishing the rules of the mediation
  • Without prejudice status of discussions
  • Confidentiality
  • Terminating the agreement
  • Fees and expenses
  • Settlement Agreements
  • Staying future proceedings
  • Class exercise in preparing an ADR contract clause

Mediation Processes

  • Structuring a mediation process
  • Preparation phase
  • Opening joint sessions
  • Caucus meetings in private
  • The Conclusion phase
  • Alternative mediation processes
  • Formalising the settlement agreement
  • After the mediation
  • Class exercise: Mediating a dispute

Developing Mediation skills

  • Building trust and rapport
  • Active listening
  • Identifying common interests
  • Engaging reluctant participants
  • Facilitating cooperative problem-solving behaviours
  • Dealing with deadlock
  • Helping both sides get a win-win
  • Class exercise

Mediation Scenarios

  • Choosing the right mediator for the job
  • Duties of the mediator and professional advisers
  • Mediation scenarios
  • Commercial disputes
  • Domestic / Family disputes
  • Workplace disputes
  • Online mediation
  • Beyond mediation – next steps and alternatives
  • Course summary and post-course questionnaire exercise
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