Resolving disputes outside of the formal Court arena is a complex and rapidly developing area. Cost-effective, fast and within the client’s control, mediation is an invaluable tool for any Civil litigator.
This one-day course provides the latest thinking on how to manage the mediation process and use it to help clients settle disputes effectively. The course adopts a practical approach, using examples and a role-play exercise.
Attending this course will provide you with:
- A thorough understanding of the mediation process
- Practical guidance on how to effectively prepare yourself and your clients for a mediation
- Practical experience, by taking part in a mediation role-play exercise.
This course is designed for trainee, assistant or associate solicitors, who wish to gain a greater understanding of the Alternative Dispute Resolution (ADR) process.
- Gain a more thorough understanding of the mediation process
- Be able to effectively prepare yourself and your clients for a mediation
- Develop and practise the essential skills needed to conduct an effective mediation
- Gain practical experience, by preparing for, and taking part in, a mediation role-play exercise.
Live Online – 11 March 2022
Live Online – 26 September 2022
- Legal/Knowledge Skills
- Interpersonal Skills
- Types of ADR
- Why Mediate?
- Pros and Cons
- Getting to Mediation
- Preparing Effectively for the Mediation
- Agreement to Mediate
- Choice of Mediator
- Role of Lawyers, Parties and Mediator
- Negotiation Strategies
- The Mediation Itself
- Opening Phase
- Exploration Phase
- Negotiating Phase
- Concluding Phase
- Drafting the Settlement Agreement
- Case Study – Mediation Role-Play Exercise
No prior knowledge is required for this course.
To optimise the time available during the course, preparatory work must be completed in advance of the course.
Practice and reflection, as you continue to learn from:
- ADR that went well – to replicate success
- ADR that did not go well – to avoid future mistakes
- Observing internal and external role models involved in ADR.
A1 Act honestly and with integrity, in accordance with legal and regulatory requirements and the SRA Handbook and Code of Conduct
A2 Maintain the level of competence and legal knowledge needed to practise effectively, taking into account changes in their role and/or practice context and developments in the law
A4 Draw on a sufficient detailed knowledge and understanding of their field(s) of work and role in order to practise effectively
A5 Apply understanding, critical thinking and analysis to solve problems
B1 Obtain relevant facts
B3 Develop and advise on relevant options, strategies and solutions
B4 Draft documents which are legally effective and accurately reflect the client’s instructions
B5 Undertake effective spoken and written advocacy
B6 Negotiate solutions to clients’ issues
B7 Plan, manage and progress legal cases and transactions
C1 Communicate clearly and effectively, orally and in writing
C2 Establish and maintain effective and professional relations with clients
C3 Establish and maintain effective and professional relations with other people
D1 Initiate, plan, prioritise and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise
D2 Keep, use and maintain accurate, complete and clear records
D3 Apply good business practice.