Mediation

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

Learning Objectives

• To evaluate strategies for resolving conflict
• To understand the strengths and weaknesses of mediation
• To appreciate the appropriateness of mediation as a means of resolving disputes
• To prepare their organisation to participate in the mediation process
• To demonstrate their ability to use mediation skills
• To manage conflict through a negotiated approach

Course Content

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 co-operative 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