Mediation for Litigators Course

This is a tremendous program and a must for anyone entering the mediation profession. The program is led by a very knowledgeable, experienced and focused faculty which not only covers the nuts and bolts of a mediation practice but also the theory that underlies it. The instructors are focused and inspirational and have experience that allows them to cover mediation from a national and international perspective and the course materials are excellent.

CONTENT

• Dispute Resolution Continuum
• STAR Approach to Mediation
• Mediator's Stylistic Grid
• Mixed-Motive Exchange in Consensus Processes
• The Predictability of Distributive Bargaining
• Opening Offer Strategies
• Facilitating Distributive Bargaining
• The Integrative Approach to Negotiation
• Focusing on "Interests" Not Issues
• How to Discover Underlying Interests
• Creativity in Negotiation
• Facilitating Integrative Bargaining
• Mediator Timing in Facilitating Negotiation
• Settlement Conference Mediation Model
• Interest-Based Mediation Model
• The Mediator's Job of Providing Structure
• What to Include in an Opening Statement
• Reframing and Broadening the Issues
• Communication Facilitation Techniques
• Effective Use of Caucus
• Validation
• Techniques to Facilitate Closing the Deal
• How to Present Risks and Costs
• Ethics and Bullying
• Mediator Timing When Facilitating Closure
• Concluding a Mediation That Doesn't Settle
• Convening
• Agreement to Mediate

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.