This is the first course in the full Commercial Mediation Training Programme. It is a one day course.

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 participants who can satisfy one of the following requirements:

* Attendance at TAE’s Introduction to Mediation

* Completed relevant Mediation Training with another provider

* Is accredited as a Mediator

Candidate’s compliance will be at TAE’s discretion.

Module Contents:

Open Forum to discuss:

• 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

This Module is intended to deal with some of the problems that occur during a mediation. It is not based upon ‘role play’, but consists of the analysis and discussion of situations that arise during all stages of a mediation. It is a one day course.

In addition to being an integral part of training for the Register, it is particularly suitable for those already active as Mediators. It is open only to those who have completed at least one Mediator’s Training Course or those already practising.

The Module is open to anyone who has:

• Completed a Mediators Qualifying Course
• Completed another approved Course

Module Contents:

• The Case of Big Noise v Mr Squeak has been referred to Mediation under The Academy of Experts’ Guidelines with an Academy appointed Mediator.

• The Mediation will take place throughout the day and will be used as the ‘teaching vehicle’ for the Tutorial Course.

• The day will be broken into sessions:
  • Opening
  • First Caucuses
  • Subsequenti Cauci
  • The Agreement
  • The Close.
• There will also be: Coffee, Lunch and Afternoon Tea.

This is an intensive interactive course with detailed planning sessions and post mortems. Each participant is involved in all stages and processes.

Participants analyse and discuss the various skills and techniques required by the successful Mediator. It is a one-day course.

A major portion of the course is devoted to Case Studies and, by ‘role play’ participants develop their ability to appreciate these techniques and how to apply them in practical situations.

Each Case Study is followed by a group critique to identify the strengths and weaknesses displayed and to improve individual performance and develop their skills and knowledge.

The Module is open to anyone who has:

• Completed a Mediators Qualifying Course
• Completed another approved Course
• Demonstrated sufficient basic experience

This module is in two parts –

• Law for Mediators
• Simulations

Law for Mediators:

To work effectively as a mediator you will need some knowledge of law and procedure. This module gives a crash course in what you need to know. It is equally important whether you are legally qualified or not. You will learn how to use this knowledge as a Mediator working with the parties:

• Contract & Tort – their elements in practice
• The legal system – a practical ‘flowchart’
• Costs – what they are, how assessments and taxation works
• The mediators legal liabilities

Simulations:

Participants will be divided into groups for simulated mediations that will continue throughout the day.

Critiques and reviews of the mediation will be carried out as appropriate.

Delegates will:

• Put into practice all that has been learned
• Try new ideas and methods in an active role-playing environment
• Have the opportunity to make mistakes before assessment where they won’t matter!

The mediator at work – all day!

A Practical Day
This module provides a variety of situations and roles giving maximum opportunity for practical experience in a safe environment whilst under the watchful eye of an experienced mediator and tutor.

More than just practice through role plays this is a positive chance to test your new found skills and positive thinking.

At the end of the day

• The future for Mediation
• What happens next

This module may also be used by experienced mediators as a repeatable refresher.

The Module is open to anyone who has:

• Completed a Mediators Qualifying Course
• Completed another approved Course

The official two day assessment is the vehicle for entrance to the Register of Qualified Dispute Resolvers of the Faculty of Mediation & ADR of The Academy of Experts.

For those wishing to go on the Register of Qualified Dispute Resolvers

With admission to the register comes Accredited Mediator status and the post nominal QDR.

The assessment process is spread over a two day period during which time there will be participation in at least six role play assessments – with at least two as mediator.

Assessment during this Module will consist of role play sessions of up to one hundred and twenty minutes, with the candidate taking the part of mediator. Assessment is an independent process and none of the assessors will have tutored any of the candidates.

Assessment Procedure

Overview

Candidates must demonstrate understanding of the material learned in Modules 1 to 5 and general competence and ability as a mediator. They are required to demonstrate knowledge of and skill in utilising the techniques of mediation including listening and exploration of the matters in dispute.

In particular the assessors will have regard to the candidates’:

• management of the opening phase of the mediation, including delivery and content of their opening statements, control and use or parties’ opening statements, and awareness of the relationships between the parties;
• ability to identify, understand and clearly summarise the parties’ positions in the dispute;
• ability to lead the negotiation phase of the mediation, including applying appropriate skills to explore issues, elicit needs and interest, manage caucuses, initiate option generation, reality test and maintain momentum;
• management of the agreement phase of the mediation, bringing the parties to the final detail of their agreement and assisting them to reach agreement and – if appropriate – drafting an appropriate settlement document.

NOTE: For completion of a satisfactory assessment it is not necessary for the mediation necessarily to reach a settlement, and candidates will not be disadvantaged if time does not allow them to reach or complete the settlement stage.

Assessors will have regard to: the mediators’ general demeanour towards the parties, including suitability of dress and language for a commercial dispute, ability to instil confidence in the parties, control of the proceedings, maintenance of appropriate confidentiality between parties, perceived neutrality and lack of overt value judgement, and general likelihood of arriving at a settlement.

Assessment procedure

There will be two assessors – both experienced mediators and assessors – observing each role play session. Please note that the assessors endeavour to make themselves as unobtrusive as possible – just because you cannot see them does not mean that they are not listening to you. During your role play, behaviour towards the “parties” outside of the mediation room will be assessed as part of your performance.

There is no “pass-mark”. Assessors are seeking demonstration throughout the session of general competence and sensitivity in the mediation process. A single critical mistake which has the potential of jeopardising the success of a mediation will, in an otherwise adequate performance, produce an assessment of “unsatisfactory”.

How is achievement recognised?

The assessors’ recommendations are passed to an assessment committee consisting of at least three people. Successful candidates are eligible to apply for entry on The Academy’s Register of Qualified Dispute Resolvers as a Mediator. This will include completion of the appropriate application form and the provision of suitable referees. Candidates’ submitted case study may also be taken into account, as may – where the assessment committee deems it helpful – tutors’ comments on candidates’ previous course work performance or candidates’ demonstration of the their understanding of the mediation process while role-playing “parties”.

Candidates will receive written feedback covering the areas of competence where their performance needs improvement. Unsuccessful participants will be advised as to which areas of performance or knowledge they need to address before presenting for further evaluation. Any additional learning requirements will be identified to such candidates.

The decision of the assessment committee will normally be final. In exceptional cases a candidate may request a review of the decision. The review committee will be chaired by the Dean of the Faculty of Mediation and ADR, who may take into consideration any matter he sees fit. There will be no further appeal from the decision of the review committee.