European Mediation Training for Practitioners of Justice - EMTPJ
September 2011 Course Information
1. General Description of the Course
The course is a 100-hour course designed to take place on an 11 day intensive training taught in English and one assessment day in the end. The course’s maximum number of attendees will be of 30 people. At all times, at least 2 trainers/lecturers will be present for the training sessions/lectures. (If only one lecturer is appointed for a specific course, there will be at least one other co-lecturer appointed to provide assistance where necessary).
Full attendance is required from each participant. If a participant cannot attend 100% of the courses, this will be recorded and these records can be requested by the recognizing mediation centers. In case of a valid reason (illness or urgent unforeseen circumstances), participants will be given the possibility to catch up missed courses in a next training session (the next training session is provisionally scheduled for January 2012 in Brussels). The overall responsible trainer for the mediation courses is Johan Billiet (BBMC-accredited mediator).
The course is divided in two parts; The first part of the course is designed based on the assessment criteria of the Chartered Institute of Arbitrators. This part focuses mainly on practical trainings (e.g. by means of role games) and aims to introduce participants to the second part of the course, which provides further theoretical insights in the practical experiences.
During the first part, elaboration will be made on:
The Theory of mediation; agreements to mediate; case summaries; arrangements before, for end at the mediation; what makes a good settlement, drafting the settlement agreement; why mediation works; giving and receiving feedback; review of assessment competencies; working with emotion; building empathy; creative solutions – “expanding the pie”; use of flip chart; working with an assistant; breaking deadlock and dealing with your own “deadlock”; the mediator’s introduction in the opening joint meeting; managing nerves; managing energy and developing a reflective practice; role of lawyers, experts, parties; discussion on the issues around practicing mediation in other jurisdictions; regular review of learning points, difficulties, questions, clarifications; decision making – the psychology of decision making, managing fear; managing resistance prom parties; the steps in the mediation process; interventions in specific situations; negotiation skills; communication skills; mediation skills; recognition of contra-indications; recognizing abuses of mediation; building a trust relationship; separating contents and relations; identifying interests of parties; identifying and explaining differences in perspectives; creative search for solutions; offering structures; guardian of power balances between parties; explaining and dealing with “impasses/deadlocks”; respecting procedural aspects of mediation; conducting sessions with parties individually; communication skills; skills of listening and posing questions; summarizing and defining; insights in intervisions, supervision and consultation. These skills will be assessed in practice (e.g. through conducting and analyzing moot mediations).
The second part of the course is especially designed to ensure that the overall course meets all the additional criterions imposed by the mediation centers that recognized the course. There is a list of mediation centers that recognize this course and where course participants (in case of successful assessment) can apply for accreditation. This part elaborates on theoretical aspects and is taught both by academics and accredited mediators. The second part of the course will also put an emphasis on particularities of contract laws, civil and commercial aspects and European cross-border mediation in civil and commercial matters.
In the second part, elaboration will be made on:
Theories of mediation and other forms of ADR; theory of communications; communications between parties in a conflict; methods of negotiations; conditions for mediation; the mediation process (e.g. phases); drafting a mediation report; procedure of drafting an establishment agreement; creativity for conflict management; power and influencing; legality and reciprocity; impartiality and neutrality; indications and contra-indications for mediation; rules and codes of conduct of the recognizing mediation centers; ethical dilemmas for mediation; legal skills (place of mediation, status and importance of mediation agreements, the status of interim and final reports in mediations, knowledge regarding confidentiality and secrecy, professional liabilities of mediators, the status of a determination agreement); general mediation principles (ethics and philosophies); analytical forms of conflict resolutions; national mediation acts in Europe (e.g. differences between voluntary and judicial mediation, recognized and non-recognized mediators, confidentiality, legal aid, ethics, etc.); sociologic aspects of mediation; psychological aspects of mediation (communication and negotiation methods); the mediation procedure; functions of mediators; differences between informing and advising; external advisors; interventions (e.g. caucus); theory of conflicts; theory and practice of reasoned negotiations; theory and practice of European national contract laws; function of party-advisors; function of partyexperts; and development of a basis behavior (respect, trust, servitude, reliability, interest for people and their problems, passion for process support, tolerance, ambiguity, and neutrality). This knowledge will be assessed at the last day of the course by means of a written exam.
The main objective of the course is to provide a theoretical and practical understanding of civil and commercial mediation in Europe, by offering a full basic course. The organizers and attendees acknowledge and strive to respect the general criteria established by the different countries and the collaborating mediation centers. The course content has been tailored with a strong awareness of civil and commercial cross border disputes. Attendees will be able to conduct mediation among parties of different nationalities and for several mediation centers in the EU.
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.
1. Introduction to Mediation Principles – adding value to resolving business and organizational disputes
2. Essential Skills for the Effective Mediator – theory and practice
3. People Skill
4. Process Skills
5. Management Skills
Theoretical Discussion and Analysis
A. The stages in the mediation process
B. Analytical study of conflict resolutions
C. Theory and practice of EU law and mediation Acts
D. EU ethics on mediation (I)
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). 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.
E. Theory and practice of negotiations
F. International Mediation
G. The function of party-experts and party counsels in civil and commercial mediation
H. Theory and practice of contract law in Europe
I. Interventions in specific situations
AIA welcomes all recognizing mediation centers for a cocktail reception held at the end of the assessment day (Saturday 17th September 2011) at the AIA office in Brussels. The attending guests will have the opportunity to meet new and previous EMTPJ participants and are welcome to make any suggestion with regards to future EMTPJ sessions.