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.

Practical Training

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

• 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

• 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 Skill

• 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

• 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

• Subtopics: Managing self – managing others, managing case 1 & 2, review, assessment guidance, next steps

Theoretical Discussion and Analysis

A. The stages in the mediation process

• Sub-topics: The mediation procedure, functions of the mediator, differences between informing and advising, interventions (e.g. caucus)
• 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

• Sub-topics: Methods of negotiations, conditions for mediation, creativity for conflict management
• Specified content of training/lecture: the trainer 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, the trainer 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. Theory and practice of EU law and mediation Acts

• 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.
• 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

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

• 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.
• 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. Lawyers direct the interaction between conflicting parties by effectively analyzing the effects of dynamic conflict effectors as well as the effects of different interactions on these effectors 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

F. International Mediation

• Sub-topics: Cultural impasses, empathy, different styles of conducting business, Western vs. Communitarian views of mediation
• 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

G. The function of party-experts and party counsels in civil and commercial mediation

• Sub-topics: Power and influencing, external advisors
• 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

H. Theory and practice of contract law in Europe

• Sub-topics: Place of mediation, status and importance of mediation agreements, status of interim and final reports in mediations, status of a determination agreement.
• 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

I. Interventions in specific situations

• Sub-topics: The mediation procedure, functions of the mediator
• 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

Cocktail Reception

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.