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Details

Who should attend?
  • Legal managers
  • Claims managers
  • Company lawyers and in-house counsel
  • Commercial contract managers
  • Lawyers and other professional advisers in private practice
  • Judges
  • Academic lawyers
  • Anyone involved in the professional management of relationships
Learning Objectives
  • To evaluate strategies for resolving conflict
  • To understand the strengths and weaknesses of mediation
  • To appreciate the appropriateness of mediation as a means of resolving disputes
  • To prepare their organisation to participate in the mediation process
  • To demonstrate their ability to use mediation skills
  • To manage conflict through a negotiated approach

Outline

Overview of Mediation

  1. Mediation fundamentals
  2. Facilitated negotiation and neutral intermediaries
  3. Appointing and working with a mediator
  4. Process and stages of a mediation
  5. Reaching a settlement agreement
  6. Practical arrangements

    Mediation Agreements and other Formalities

  7. Contractual commitments to mediate

  8. ADR Contract Clauses
  9. The Mediation Agreement
  10. Important clauses in the agreement
  11. Establishing the rules of the mediation
  12. “Without prejudice” status of discussions
  13. Confidentiality
  14. Terminating the agreement
  15. Fees and expenses
  16. Settlement Agreements
  17. Staying future proceedings
  18. Class exercise in preparing an ADR contract clause

Mediation Processes

  1. Structuring a mediation process
  2. Preparation phase
  3. Opening joint sessions
  4. Caucus meetings in private
  5. The Conclusion phase
  6. Alternative mediation processes
  7. Formalising the settlement agreement
  8. After the mediation
  9. Class exercise: Mediating a dispute

Developing Mediation skills

  1. Building trust and rapport
  2. Active listening
  3. Identifying common interests
  4. Engaging reluctant participants
  5. Facilitating co-operative problem-solving behaviours
  6. Dealing with deadlock
  7. Helping both sides get a win-win
  8. Class exercise

Mediation Scenarios

  1. Choosing the right mediator for the job
  2. Duties of the mediator and professional advisers
  3. Mediation scenarios
  4. Commercial disputes
  5. Domestic / Family disputes
  6. Workplace disputes
  7. Online mediation
  8. Beyond mediation – next steps and alternatives
  9. Course summary and post-course questionnaire exercise
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International Development Training

AJT specializes in short Corporate and International Development courses between two days and two weeks in length. At AJT, our primary objective is to help develop the skills of our delegates to enable them to tackle existing challenges and grow within their organizations. Our training courses cover virtually all aspects of development, including Research & Data Management, Monitoring & Evaluation, Project Management, Geospatial Information Systems (GIS), Humanitarian Development, Agriculture & Food Security;Climate Change, Health and Social Care,Law & Governance,Energy & Oil, ICT for Development Technology,Team Building and Advanced Management. We also specialize in training statistical research analysis using STATA, SPSS, R, CSPro, ODK, NVIVO and ArcGIS software’s.Our courses have been designed to provide the very best training for all levels – from basic introduction, to intermediary and advanced level. Our courses are delivered in Kenya, South Africa, Nigeria ,Ethiopia and selected locations.

We Help professionals in all fields to develop in the right areas

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