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

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

• Commercial disputes

• Domestic / Family disputes

• Workplace disputes

• Online mediation

• Choosing the right mediator for the job

• Duties of the mediator and professional advisers

• Mediation scenarios

• Beyond mediation – next steps and alternatives

• Course summary and post-course questionnaire exercise