Detailed Program Outline on Mediation Advocacy Skills

Certificate Program on Mediation Advocacy Skills: Domestic and International Commercial Disputes


Topics covered in the Program:

A. Understanding mediation as a dispute resolution process

  1. Which dispute resolution process is most suitable?
  2. The legal landscape of dispute resolution
  3. The mediation process - what to expect
  4. Institutional mediation vs. ad hoc (e.g., using an ADR Provider or an independent mediator)
  5. Cultural issues to consider when mediating

B. Reaching an agreement to mediate

  1. When to choose mediation
  2. ncorporating mediation into your practical toolkit
  3. Early case assessment
  4. Convincing others to mediate - promoting the process to clients and other parties
  5. The agreement to mediate
  6. Mediation and confidentiality

C. Preparing your case, client and legal team - roles and strategies

  1. Designing the mediation
  2. Determining your goals for mediation
  3. Selecting the mediator – information available, where to find mediators, and the significance of IMI certification
  4. Pre mediation conference with the mediator
  5. What documentation should you submit?
  6. Selecting a functional team to attend the mediation
  7. Preparing the team for their role in the process
  8. Lawyers' preparation
  9. Preparing the opening statement
  10. Preparing for the private sessions

D. Getting the most out of the mediation day

  1. Making an impactful opening
  2. Using the exploration process
  3. Psychological issues faced in negotiation
  4. Managing time effectively
  5. Negotiating strategies in the bargaining phase
  6. Breaking through deadlock
  7. Hybrid dispute resolution processes
  8. Reaching settlement
  9. Post mediation activities
  10. Misunderstandings in mediation

E. Online Dispute Resolution and Mediation
    UNCITRAL Conciliation Rules
    Latest developments at Working Group II at UNCITRAL regarding mediation settlement agreements