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Course: Commercial Mediation – Practical Course

A 1 day course to introduce the mediation process. The day will compare mediation with other alternative dispute resolution techniques and run a short mediation to give some experience to the attendees.

Course Programme

Overview and Mediation theory:

Development of mediation and the definition of mediation. Advantages and disadvantages of mediation and how it works and how parties prepare for the process. How the process is managed and what how the mediation is settled. Consideration of the individual role of a mediator, costs of the process and issues of confidentiality.

Characteristics of ADR techniques:

Litigation, arbitration, adjudication, settlement conference, traditional negotiations, conciliation, judge assessment/declaration, expert determination and a mini trial.

Appointment and preparation for a Mediation:

How is the mediator chosen and what to look for? Consideration of the ground rules for a successful mediation and what needs to be prepared. Key elements of the opening statement.

Example of a Mediation:

Participation in preparing and presenting negotiating strategies, communication skills workshops and group discussion.

Appointment and preparation for a Mediation:

How is the mediator chosen and what to look for? Consideration of the ground rules for a successful mediation and what needs to be prepared. Techniques used to alleviate an impasse. When to have private sessions and why.

Short Mediation:

Participate in a typical construction mediation workshops followed by group discussion and questions.

Summary:

Latest developments and trends in mediation.

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