Mediation can be described as a process which leads to the resolution of a dispute through the agreement of the parties with the assistance of a neutral third party, but without the involvement of a judge or arbitrator. It provides for a peaceful resolution and pragmatic solutions. It is a cheaper and speedier alternative to litigation, indeed to arbitration, which are both confrontational.

Some advantages of mediation are:

• it is ‘user-friendly’, speedier and less expensive than other dispute resolution procedures;
• it enables parties to look to interests rather than rights;
•  it can produce flexible and imaginative settlement agreements;
•  the final outcome is determined by the parties themselves;
•  the whole process takes place on a confidential and ‘without prejudice basis’;
• it enables parties to continue, indeed strengthen, commercial relationships after dispute resolution, avoiding bitterness and division;
• it mitigates the entrenched litigation culture and educates potential litigants;
• any litigation or arbitration in relation to the dispute may be commenced or continued, notwithstanding the mediation.”

Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques.

Topics

• Introduction to mediation
• The Mediation Act and other legislation
• Advantages of mediation 
• Moving from position to interest
• Mediator’s attributes 
• Organisational skills and techniques 
• Communication in mediation
• Reality testing and body language 
• Framework for effective mediation
• Values and ethics in mediation 
• Role and function of mediator 
• The functions of the parties 
• Cross border mediation 
• Conclusion phase and mediation agreement

By the end of this course students will have acquired the responsibility and autonomy to:

• Carry out good practice using key principles of Mediation
• Ensure fitness for purpose, knowing when to seek support for more complex issues
• Moderate negotiations and achieve most tasks using own judgement
• Condition the partners by coping with complex situations through deliberate analysis and planning
• Manage actions at least partly in terms of long term goals
• Take responsibility for his own work
• Work within legal and professional guidelines and limits of personal capacity 
• Respect the needs and individuality of participants 
• Act with integrity and fairness 
• Use effective skills and interventions to produce an appropriate and agreed outcome statement.

Course Details

This course will commence on Thursday 3rd March 2022.

Duration:  20 hours (7 sessions of 2 hours & 2 sessions of 3 hours) – Every Thursday