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Mediation

2021 Course Information:

Venue:Duration:Date:Price:
Online 12 hours Flexi-date£1,750.00
In-House Agreed with client FlexiblePOA
London 5 days 23-Aug£3,050.00
London 5 days 22-Nov£3,050.00

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    LCT 2021 Brochure Download
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    LCT 2021 Brochure Download
    DOWNLOAD NOW

    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

    Accreditations

    Outcomes

    • Evaluate and apply mediation-based strategies for resolving conflict
    • Identify thestrengths 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 co-operative problem-solving behaviours
    • Dealing with deadlock
    • Helping both sides get a win-win
    • Class exercise

    Mediation Scenarios

    • Choosing the right mediator for the job
    • Duties of the mediator and professional advisers
    • Mediation scenarios
    • o Commercial disputes o Domestic / Family disputes o Workplace disputes o Online mediation
    • Beyond mediation – next steps and alternatives
    • Course summary and post-course questionnaire exercise