Instructor only field group
This intensive course is designed to train and qualify students to develop or participate in conflict mediation processes.
Participants will review the growth and application of settlement options in the United States. The course focuses on both traditional and non- traditional dispute resolution options. Alternative Dispute Resolution (Mediation) is geared for all professionals who are focused on “interest-based bargaining.”
This course takes the mystery out of settlement processes and focuses on reaching reasonable solutions. Successful graduates of will be awarded a Certificate of Completion.
Topics include: Why Conflicts Escalate, Why Mediation Works, The Mediation Process, The Role of the Mediator, Coming to an Agreement, Problems Encountered in Mediation, Developing ADR Programs for Government, Business and Personal Disputes, and Divorce Settlement Mediation.
REQUIRED TEXT: online format: ADR in a Nutshell, 4nd Edition, by Jacqueline Nolan-Haley.
This One (2) week intensive course is designed to train and develop participants in the Conflict Dispute Resolution venues, Mediation. It introduces students to Alternative Dispute Resolution (ADR) as a means of peacefully resolving disputes. Participants will review the growth and application of settlement options in the United States, the use and standards of both traditional and non-traditional dispute resolution options. Successful graduates of this course will be awarded a Certificate of Completion with the International Association for Continuing Education and Training (IACEAT) Accreditation.
The course follows selected chapters of the Nolan- Haley Alternative Dispute Resolutionas considered essential by the Instructors and concludes with training in drafting a basic mediation Agreement and Roles plays.
Session 1. Chapter One– Introduction to Alternative Dispute Resolution. The first chapter introduces ADR historically and thematically and then explores the nature of disputes. The chapter concludes with a review of the benefits and drawbacks of ADR.
Session 2. Chapter Two– Negotiation. Emphasis is placed on the roles of the various players including parties, ADR neutral, and attorneys. The point is not necessarily to build skills as a negotiator but to experience firsthand the emotions and tension that usually accompanies the task of trying to get something one wants from an opponent.
Session 3. Chapter Three– Mediation, this chapter introduces the topic, and begins with a comparison between negotiation and mediation. The origins of mediation are explored, and a typical mediation session is reviewed, followed by a case study. Because mediation as a profession is growing rapidly, mediator qualifications, training and standards of conduct are covered extensively, with a look at the Model Standards of Conduct for Mediators. The role of mediator is emphasized.
Session 4. Chapter Four– Mediation Law and Policy. The premise of this chapter is that mediators and advocates need to know the applicable law to fully and adequately employ mediation to resolve a dispute. The chapter covers mediation legislation topically and concludes with some skill development in locating legislation on mediation.
Session 5. Drafting the Mediation Agreement. The purpose of this session is to introduce students to various forms of mediation agreement and discussions. Since many courts view mediation signed agreements as a contract, which are enforceable when signed barring valid defenses, the instructors will discuss the basic elements of a contract. In many states, to included Florida, oral agreement must be memorialized to be enforceable. If not, the confidentiality provisions in many states limits or prevents any party to bring up any communications or agreement reach during the mediation. The mediator in most situation assist the parties with memorializing oral agreement in writing during conferencing. Therefore, it is imperative that a mediator have a working knowledge of basic elements that should be considered in an agreement.
Session 6. Practical Exercises-Overview and virtual mock mediation – The course concludes with the students performing online mediation critiqued by experience mediators or instructor(s). Students must successfully demonstrate Knowledge of the stages of mediation, apply the ethical issues related to mediation, particularly as it relates to confidentiality, self-determination, and voluntary participation and record any agreed terms as discussed during this intense course.
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