Theoretical Discussion and Analysis

1. Theory and practice of mediation and EU contract Law
2. Theory and practice of EU law and mediation
3. Practical training: interventions in specific situations
4. EU ethics in mediation
5. Combined dispute resolution processes: the use of mediation in combination with arbitration
6. The function of party experts and counsel in civil and commercial mediation

A. Theory and practice of mediation and EU contract law

• Sub-topics: Place of mediation, status and importance of mediation agreements, status of interim and final reports in mediations, status of a settlement agreement.
• Specified content of training/lecture: This course looks at contract law in the EU and how to draft mediation clauses that are enforceable. Participants will learn what needs to be included in the mediation agreement, who prepares a settlement agreement, and what the possible outcomes of mediation are.
• Teaching method: PowerPoint presentation, lecture, mini exercises
• Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study

B. Theory and practice of EU law and mediation

• Sub-topics: 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 national laws within the EU.
• Specified content of training/lecture: This course explores global trends in mediation, regional perspectives and recent developments in mediation. It focuses particularly on the EU Commission directive 2008/52/EC and elaborates on jurisprudence and developments in consumer ADR and ODR and their effects on the culture of mediation in Europe.
• Teaching method: PowerPoint presentation, lecture, mini-exercises
• Course materials and guidance for self-study: Syllabus provided outlining course materials and a guided self-study

C. Practical training: interventions in specific situations

• Sub-topics: The mediation procedure, functions of the mediator
• Specified content of training/lecture: Participants will learn about the negotiation styles of different types of people, including themselves, such as those driven to fight, ignore, escape, and solve 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 meta-communications will be examined and their uses in different kinds of conflicts. Participants will learn how to determine the causes and sources of conflict and identify the psychological escalation mechanism.
• Teaching method: PowerPoint presentation, lecture, exercises
• Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study

D. EU ethics in mediation

• Sub-topics: EU voluntary Code of Conduct for Mediators, neutrality and impartiality, rules and codes of conduct of some mediation centers, general mediation principles (ethics and philosophies), development of a basis behavior (respect, trust, reliability, interest for people and their problems, passion for process support, tolerance, ambiguity, and neutrality).
• SSpecified content of training/lecture: This course will examine the European Code of Conduct for Mediators in detail and the ethical rules in European mediation.
• Teaching method: PowerPoint presentation, lecture
• Course materials and guidance for self-study: Syllabus provided outlining course materials and a guided self-study

E. Combined dispute resolution processes: the use of mediation in combination with arbitration

• Sub-topics: arbitration and its key elements, legal framework for international arbitration, arbitration compared to litigation and mediation; why there is a need in combinations, variety of combinations, same neutral (arb)-med- arb: advantages and concerns, attitudes around the world, ways to address concerns associated with the process, initiatives to enhance the use of combinations; role play exercise.
• Specified content of training/lecture: This course will provide an overview of the developments in the area of the combined use of mediation and arbitration. Following the presentation, the participants will have the opportunity to participate in a role play exercise.
• Teaching method: PowerPoint presentation, lecture, role play exercise
• Course materials and guidance for self-study: Syllabus provided outlining course materials and a guided self-study

F. The function of party experts and counsel 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 to 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.
• Teaching method: PowerPoint presentation, lecture, role play
• Course materials and guidance for self-study: Syllabus will be provided outlining course materials and a guided self-study