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Practical Training
Lecturers: Amanda Bucklow and Charles Middleton-Smith
Course Content
In practice the course is much more fluid in style than is described below. We have consciously mirrored the mediation process itself which whilst having a structure is entirely flexible to meet the needs of those present. I hope the following alternative strikes the right balance between meeting the academic requirements/expectations for substantive content and allowing us the freedom to teach the right thing at the right time according to the makeup of the students and where they get to on a day by day basis.
Theoretical Discussion and Analysis
1. Introduction to Mediation Principles – adding value to resolving business and organizational disputes
Lecturers: Amanda Bucklow and Charles Middleton -Smith
- Date and duration of course: 6th August, 8:30am – 12:30am, 2:00pm – 6:00pm (=> 8 hours)
- Subtopics: Role of the mediator, required skills, the place for mediation in business disputes and organizational disputes, elements of mediation, introduction to essential skills, skills demonstration with class involvement, the paradox of mediation practice, developing learning skills, stages of the mediation process, managing the mediation process
2. Essential Skills for the Effective Mediator – theory and practice
Lecturers: Amanda Bucklow and Charles Middleton -Smith
- Date and duration of course: 9th August, 8:30am – 12:30am, 2:00pm – 6:00pm (=> 8 hours)
- Subtopics: Stages of the mediation process, managing the mediation process, trust and rapport, exercise – skills development, preparation, getting people to the table, opening meeting, exercise & skills development, essential skills & skills review
3. People Skills
Lecturers: Amanda Bucklow and Charles Middleton -Smith
- Date and duration of course: 10th August, 8:30am – 12:30am, 2:00pm – 6:00pm (=> 8 hours)
- Subtopics: Skills for getting to needs and interests, private meeting exercise/practice, skills for exploring, reason and emotion and in the role of decision making, the third party dynamic
4. Process Skills
Lecturers: Amanda Bucklow and Charles Middleton -Smith
- Date and Duration of course: 12th August, 8:30am – 12:30am, 2:00pm – 6:00pm (=> 8 hours)
- Subtopics: What is successful negotiation?, mediator’s role in negotiation, negotiation: skills and practice, skills for managing clients, managing clients & skills development; skills for pace and momentum & skills development
5. Management Skills
Lecturers: Amanda Bucklow and Charles Middleton -Smith
- Date and duration of course: 13th August, 8:30am – 12:30am, 2:00pm – 6:00pm (=> 8 hours)
- Subtopics: Managing self – managing others, managing case 1 & 2, review, assessment guidance, next steps
A. The stages in the mediation process (I)
Lecturer: Rhys Clift
- Sub-topics: The mediation procedure, functions of the mediator, differences between informing and advising, interventions (e.g. caucus)
- Date and duration of course: 2nd August, 8am – 12:30pm (=> 4.5 hours)
- Specified content of training/lecture: This course will distinguish the several steps employed in a mediation, from establishing the facts, common interests, the options, and the result. It will also discuss caucusing and the use of shuttle diplomacy.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
B. Analytical study of conflict resolutions
Lecturer: Frank Fleerackers
- Sub-topics: Methods of negotiations, conditions for mediation, creativity for conflict management
- Date and duration of course: 2nd August, 2pm – 6pm (=> 4 hours)
- Specified content of training/lecture: Fleerackers argues against rationalized views of law as communication, by heralding an interactive, case driven and interdisciplinary (ICI) approach to surpass the decay of contemporary legal thought. He focuses on the affective/effective aspects of law in order to update legal discourse for a changing world of difference, embracing a dynamic concept of legal certainty. At its core, legal theory is legal practice. And legal practice in all its forms is case driven, directed towards an effective cohabitation of an increasingly multi-cultural, multi-moral and multi-individual society. Conclusively, Fleerackers argues for a legal education that teaches lawyers to master interactive processes and turn these into frames of social cohesion, thus upholding legal discourse through an underlying cogency from within: an interactive, case driven and interdisciplinary (ICI) legal attitude.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
C. The stages in the mediation process (I)
Lecturer: Rhys Clift
- Sub-topics: The mediation procedure, functions of the mediator, differences between informing and advising, interventions (e.g. caucus)
- Date and duration of course: 3rd August, 8am – 12:30pm (=> 4.5 hours)
- Specified content of training/lecture: This course will distinguish the several steps employed in a mediation, from establishing the facts, common interests, the options, and the result. It will also discuss caucusing and the use of shuttle diplomacy.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
D. Theory and practice of EU law and mediation Acts
Lecturer: Johan Billiet
- Sub-topics: Legality and reciprocity, drafting a mediation report, drafting an establishment agreement, indications and contra-indications for mediation, mediation acts in Europe (e.g. differences between voluntary and judicial mediation, recognized and non-recognized mediators, confidentiality, legal aid, ethics, etc.), theory and practice of European national contract laws.
- Date and duration of course: 3rd August, 2pm - 6pm (=> 4 hours)
- Specified content of training/lecture: This course will explore global trends in mediation, regional perspectives and recent developments in mediation. It will focus particularly on the EU Commission directive 2008/52/EC and its effects the culture of mediation in Europe.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus provided outlining course materials and a guided self-study
E. EU ethics on mediation (I)
Lecturers: Anne Toos Bik & Karin Iest
- Sub-topics: EU voluntary code of conduct for mediators, neutrality and impartiality, rules and codes of conduct of the recognizing mediation centers, general mediation principles (ethics and philosophies), development of a basis behavior (respect, trust, servitude, reliability, interest for people and their problems, passion for process support, tolerance, ambiguity, and neutrality).
- Date and duration of course: 4th August, 8am - 12pm (=> 4 hours)
- Specified content of training/lecture: This course will examine the EU Directive on mediation in detail and the ethical rules in European mediation and European Code of Conduct for Mediators
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus provided outlining course materials and a guided self-study.
F. Theory and practice of negotiations
Lecturer: Frank Fleerackers
- Sub-topics: Sociologic aspects of mediation, theories of conflicts, theories of mediation and other forms of ADR, theory of communications, communications between parties in a conflict.
- Date and duration of course: 4th August, 2pm - 6:30pm (=> 4.5 hours)
- Specified content of training/lecture: Negotiation and mediation training opens the way to a new approach of meaningful legal analysis as a reflection of human interaction. According to Fleerackers, lawyers direct the interaction between conflicting parties by æffectively analyzing the effects of dynamic conflict affectors as well as the effects of different interactions on these affectors and the related conflict positions. Hence, lawyers may be educated as paradigmatic negotiators and mediators, as they ideally combine knowledge of the law with a conflict-related attitude and experience. Negotiation and mediation training may provide contemporary legal thinking with a necessary interactive format for legal education and practice, as a means to pursue and uphold legal effectiveness.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
G. International Mediation
Lecturer: Rhys Clift
- Sub-topics: Cultural impasses, empathy, different styles of conducting business, Western vs. Communitarian views of mediation
- Date and duration of course:5th August, 8am - 12:30pm (=> 4.5 hours)
- Specified content of training/lecture: This course will look at the specificities of intercultural mediation, from cultural impasse to the visible and invisible aspects of culture and prejudice.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
H. The function of party-experts and party counsels in civil and commercial mediation
Lecturer: William O’Brian
- Sub-topics: Power and influencing, external advisors
- Date and duration of course: 5th August, 2pm – 6pm (=> 4 hours)
- Specified content of training/lecture: This course examines ethical and strategic issues involving the role of counsel and experts in mediation. The subjects considered include the duty of counsel to advise clients regarding their mediation options, reconciling the roles of advocate and negotiator, the extent to which lawyers as opposed their clients should take the lead role, how much of one’s case to reveal in mediation (including whether to bring experts and other witnesses), experts’ duties to the court versus their duties to the parties, ensuring that negotiators have sufficient authority, representing clients who do not wish to settle on principle, lying in negotiations, and maintaining confidentiality. Participants may wish to read Rubin, “A Causerie on Lawyers’ Ethics in Negotiation,” Louisiana Law Review 35:577 (1975) in advance.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
I. Theory and practice of contract law in Europe
Lecturer: Tony Cole
- Sub-topics: Place of mediation, status and importance of mediation agreements, status of interim and final reports in mediations, status of a determination agreement.
- Date and duration of course: 7th August, 9am – 1pm (=> 4 hours)
- Specified content of training/lecture: This course looks at contract law in the EU how to write proper mediation clauses that are enforceable. Students will learn which agreements have to be written, what kind of content has to be included in the mediation agreement, who makes the settlement agreement, and their respective consequences on the mediation.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
J. EU ethics on mediation (II)
Lecturers: Anne Toos Bik & Karin Iest
- Sub-topics: Ethical dilemmas for mediation, knowledge regarding confidentiality and secrecy, professional liabilities of mediators
- Date and duration of course: 7th August, 3pm – 7pm (=> 4 hours)
- Specified content of training/lecture: This course will begin discussing the fundamental role that mediators play in the larger dispute settlement process, and the ethical guidelines they must follow in order to ensure that the interests of the parties are protected if additional proceedings are necessary. It will look at the advantages and disadvantages of med-arb and arb-med procedures and how to avoid conflicts of interest.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
K. Interventions in specific situations
Lecturer: Philipp-Howell Richardson
- Sub-topics: The mediation procedure, functions of the mediator
- Date and duration of course: 11th August, 8am – 12:30pm (=> 4.5 hours)
- Specified content of training/lecture: Students will learn the negotiation styles of different types of people, such as those driven to fight, ignore, escapes, and solves a problem. They will also look at distributional, oppositional, and hard negotiations and how to apply them. They will learn the eye-for-eye technique and explore the Harvard negotiation model. The four aspects of communication: content, expressive, relational, and appellative. Verbal, nonverbal, and metacommunications will be examined and their uses during different kinds of conflicts. Students will learn how to determine the causes and sources of conflict and identify the psychological escalation mechanism.
- Teaching method: PowerPoint presentation, lecture
- Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study
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