The Elements of ADR - Mediation Training

Module 1

2 Day Course

This two day course is the foundation course for applicants for the Academy's Register of Qualified Mediators. It provides a complete introduction to ADR in all its different guises and scrutinizes Mediation in depth.

Mediation is a flexible process but it has its own basic procedures. These procedures and the Mediator's techniques are examined and then applied by 'role play' to Case Studies which have been designed to highlight and develop the Mediator's skills.

All participants are given practice in acting as Mediator in mock-Mediations, each of which concludes with an analysis of the lessons learnt. An experienced Mediator will give advice on the further training and development needed for those wishing to gain admission to the Academy's Register of Qualified Mediators.

The Module is open to anyone.

Module Contents:

Day 1

Introduction & Welcome

  • What is Mediation (Video)

Introduction to the Mediation Process

  • Overview of Dispute Resolution

  • Relationship between Negotiation, Mediation and Arbitration

  • Role and Function of the Mediator

  • Stages in the Mediation Process

  • Establishing Credibility

  • Techniques of the Mediator

Applying the Skills of the Mediator

  • A video case study and discussion of the mediation process and how it is used to resolve commercial disputes

Review

The Opening Statement

  • What is it?
  • It’s Objectives
  • Construction

Using Mediation: The Mediator’s skills and tools

  • Initiating the Mediation
  • Establishing a Constructive Atmosphere
  • Role and Function of a Caucus
  • Addressing Cultural Difference
  • Confronting an Impasse
  • Concluding the Session

DAY 2

Open Forum to discuss:

  • Day 1 lessons and problems arising
  • The process of mediation
  • The uses of mediation

 The Opening Session

  • Getting started
  • Aims and objectives
  • Getting out
  • The Opening Statement

Participants will demonstrate their Opening Statement followed by evaluations as appropriate.

Mediation Exercises - Case Studies

  • Participants will be divided into groups and engage in simulated mediations. These will be followed by evaluation and critique.

Summary and Conclusion