• From Standpoints to Interests
  • Good communication skills in Mediation
  • Dealing with hardened standpoints
  • Overcoming narrowed perceptions
  • Getting useful information from the parties
• From Interests to Options
  • Categorizing Interests
  • The Negotiation Agenda
  • Generating Options
• From Options to Solutions
  • Negotiating
  • Making the deal
  • Solutions that maximize common interests
  • Carving out the Settlement Agreement
  • Private Sessions / Caucus
    • Private or only joined sessions?
    • How best to hold private sessions
    • Breaking deadlock
    • Confidentiality and Non disclosure
  • Non Verbal Communication in Mediation
    • Being fully      aware     of     how     we communicate
    • Body Language
    • Raise your words not your voice
  • Questions in Mediation
  • Integration
    • Building trust
    • Negotiations & making relations
    • Interventions by the Mediator
    • Mediator’s acceptance letter of assignment
    • Engagement letter – drafting
    • Agreement to Mediate – drafting
    • Preliminary Communications & Procedural Directions
    • Presentations by the parties
    • Information gathering
    • Caucusing
    • Joint Meetings
      • Mediator’s acceptance letter of assignment
      • Engagement letter – drafting
      • Agreement to Mediate – drafting
      • Preliminary Communications & Procedural Directions
      • Presentations by the parties
      • Information gathering
      • Caucusing
      • Joint Meetings
      • Impasse strategiesImpasse strategies

        Mediation Procedure

         

        • Mediator’s acceptance letter of assignment
        • Engagement letter – drafting
        • Agreement to Mediate – drafting
        • Preliminary Communications & Procedural Directions
        • Presentations by the parties
        • Information gathering
        • Caucusing
        • Joint Meetings
        • Impasse strategies
        • Recording notes and agreements during the mediation
        • Icebreaker

         

• Basic Principles
  • The awareness of conflict and the reaction it triggers
  • The 5 basic emotions
  • Communication
  • The art of asking good questions
  • Body Language
• Emotion in Mediation
  • How does a Mediator ‘treat’ emotions?
  • The influence of emotion on the parties and the Mediator

The 5 Crucial Needs in Inter-human contact

• Shock / Denial / Frustration- Anger / Depression / Acceptance

• Facilitating the communication between the parties

Creativity in Mediation

How to get the best options and solutions from parties

• European Mediation
  • The European Mediation Directive
  • Other Mediation Instruments
• The Mediation Agreement
  • The settlement agreement and the duties of the Mediator
  • Registration with the Court
  • Enforceability of the Mediation Agreement as a Court Judgment

EXAMPLES OF MEDIATION CASES

The participants will be divided into two groups and be given two versions and assigned roles of a mediation case study. They will be expected to use the script to prepare for a negotiation. Then they will be called to directly negotiate with each other and feedback will be given at the end of the exercise

PRACTICE DAY

On this day, Participants will be given the opportunity to put their knowledge and skills in practice by participating in simulation exercises for the following:

THE SHORT SCENARIOS

Participants will be divided in groups and be given short case scenarios where they will have to prepare and present their skills on:

• Giving procedural directions to the parties
• Gathering information
• Impasse strategies
• Certain dilemmas / challenges / problems which could realistically be presented in real life mediations

Participants will be divided into groups and be given a Mediation case scenario where they will have to alternate roles as Parties and Mediators where they will have to practice the following:

•  Caucusing
• Joint meetings with the parties
• Recording the agreements and structuring the Settlement Agreement.