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
- Which dispute resolution process is most suitable?
- The legal landscape of dispute resolution
- The mediation process - what to expect
- Institutional mediation vs. ad hoc (e.g., using an ADR Provider or an independent mediator)
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Cultural issues to consider when mediating
B. Reaching an agreement to mediate
- When to choose mediation
- ncorporating mediation into your practical toolkit
- Early case assessment
- Convincing others to mediate - promoting the process to clients and other parties
- The agreement to mediate
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Mediation and confidentiality
C. Preparing your case, client and legal team - roles and strategies
- Designing the mediation
- Determining your goals for mediation
- Selecting the mediator – information available, where to find mediators, and the significance of IMI certification
- Pre mediation conference with the mediator
- What documentation should you submit?
- Selecting a functional team to attend the mediation
- Preparing the team for their role in the process
- Lawyers' preparation
- Preparing the opening statement
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Preparing for the private sessions
D. Getting the most out of the mediation day
- Making an impactful opening
- Using the exploration process
- Psychological issues faced in negotiation
- Managing time effectively
- Negotiating strategies in the bargaining phase
- Breaking through deadlock
- Hybrid dispute resolution processes
- Reaching settlement
- Post mediation activities
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Misunderstandings in mediation
E. Online Dispute Resolution and Mediation
UNCITRAL Conciliation Rules
Latest developments at Working Group II at UNCITRAL regarding mediation settlement agreements