Advanced Mediation Training for Mediators

ADVANCED MEDIATION TECHNIQUES:

COURSE OUTLINE

Day 1 (9am – 5pm):

  1. INTRODUCTION & OVERVIEW OF MEDIATION (9:00a-1015a)
  2. Benefits – Different mediator styles used regionally throughout the US, which style works best with which case/party type
  1. Break (10:15a-10:30a)
  1. PREPARING FOR THE MEDIATION (10:30a-12:00p)
  2. Letters to send out
  3. How to set the stage for meaningful negotiations during a pre conference call
  1. LUNCH BREAK (12:00p-1:00P)
  1. MEDIATOR OPENING STATEMENT (:001p-2:30p)
  2. What to include and why
  3. How to establish rapport
  4. Detecting the novice party
  5. Providing instructions to new mediation users without drawing attention to their inexperience
  1. Break (2:30P-2:45P)
  1. PROBLEMS FACED IN MEDIATION & HOW THE MEDIATOR CAN RESOLVE THEM (2:45p-5:00P)
  2. PROBLEM 1: The Stalement
  3. A universal problem in mediation is the stalement. What techniques can be used to break it?
  4. PROBLEM 2: Difficult Attorney
  5. How do you handle the attorney with unreasonable expectations?
  6. How do you handle the attorney who unnecessarily raises the expectations of the client?
  7. How do you handle the lawyer who has become obsessed with his case?
  8. How do you handle the lawyer who is unprepared?
  9. How do you handle the lawyer who tries to intimidate you?
  10. How do you handle the lawyer who tries to intimidate the other side in opening remarks?
  11. How do you handle the lawyer who loses his temper and shouts and screams?
  12. How do you handle the lawyer who threatens to terminate the mediation – packs his bags?
  13. How do you handle the lawyer who is the premium lawyer and expects to get what he asks?
  14. How do you handle lawyers who hate each other, and there is considerable infighting?
  15. How do you handle the lawyer who has a different agenda from his client?
  16. How do you talk a plaintiff attorney out of his case if there is no liability?
  17. How do you handle the lawyer representing several clients with conflicts of interest problems?
  18. How do you handle the attorney who has made an ethical violation or committed malpractice?
  19. PROBLEM 3: The Difficult Client
  20. How do you handle the plaintiff who has unreasonable expectations?
  21. How do you handle the plaintiff who refuses to listen to the advice of counsel?
  22. How do you handle the client who attacks her lawyer as incompetent?
  23. How do you handle the adjuster who has insufficient authority to settle?
  24. How do you handle multiple plaintiffs represented by the same attorney, who have differing expectations? (apartment building burns down and multiple tenants have claims for loss of personal property)
  25. How do you handle multiple defendants who seek a global settlement?
  26. How do you handle parties telling opposite stories, where one must be lying?
  27. How do you handle a mediation when the adjuster cannot attend in person?
  28. Can you mediate a case if the decision-makers are not present? By phone?
  29. PROBLEM 4: Should you insist that counsel make opening statements? What are the benefits of opening statements?
  30. PROBLEM 5: Should you keep the parties at a mediation until 2:00 or 3:00 in the morning while the iron is hot?
  1. Day 2 (9am – 5pm):
  1. HANDS ON EXERCISE (9:00a-10:30a)
  2. Each participant will give his/hers own remarks at a mediation
  1. Break (10:30a-11:00a)
  1. QUALITIES & TECHNIQUES OF THE PEACEMAKER (11:ooa-12:00p)
  2. Qualities of peacemaker
  3. Techniques of the peacemaker
  4. Art of agreeing
  5. Art of disagreeing
  6. Actively supportive of parties and process
  7. Supportive of counsel
  8. Team concept
  9. Develop strategy for both sides
  10. The apology and forgiveness
  11. Avoid confrontational language
  12. Non confrontational questioning
  1. Lunch Break (12:00p-1:00p)
  1. PROBLEMS FACED IN MEDIATION CONTINUED… (1:00p-3:45p)
  2. PROBLEM 6: Are there some parties that do not fare very well in front of a jury?
  3. PROBLEM 7: Are there times when a lawyer will modify his fees?
  4. PROBLEM 8: What are the latest techniques to reach closure?
  5. Bracketing
  6. “what if” technique
  7. mediator’s figure
  8. would you accept technique
  9. net recovery
  10. structured annuity
  11. planting a seed
  12. length of time to trial
  13. out-of-pocket costs and expenses
  14. rolling the dice
  15. value of closure
  16. reviewing past verdicts in venue
  17. bill collectors
  18. paying mediation costs
  19. PROBLEM 9: How involved should the mediator be in memorializing the settlement?
  20. PROBLEM 10: How is the best way to handle parties with subrogation interests – medical insurers, work comp lien holder, Medicare, Medicaid, hospitals and doctors asserting direct claims, companies operating under ERISA?
  21. PROBLEM 11: Family Disputes
  22. How do you handle siblings fighting over distribution of an estate?
  23. How do you handle infighting between older family members and their offspring (split-up or sale of family business)?
  24. How do you handle a child suing the parent?
  25. PROBLEM 12: What is the most effective way to continue a mediation after the first day?
  26. PROBLEM 13: How do you divide up a set amount of money among numerous claimants, when none will receive full compensation for their injuries?
  27. PROBLEM 14: How do you mediate church pedophile cases?
  28. PROBLEM 15: How to grow your mediation practice.
  1. Break (3:45p-4:00p)
  1. HANDS-ON TRAINING (4:00-5:00p)
  2. Each participant will mediate by using one or more closing techniques

Day 3 (9am – 5pm):

  1. ETHICAL CONSIDERATIONS (9:00a-10:00a) Understanding the Ethical requirements of a mediator
  1. CREATIVE SETTLEMENTS (10:00a-11:00a)
  2. Structured annuity
  3. Reverting trust
  4. Escrow account
  5. Class action settlement
  6. Bankruptcy
  7. Mediator findings and conclusions
  8. Mediator’s memorandum
  9. Providing on-going business
  10. Spreading out payments – tax benefits
  1. Break (11:00a-11:15a)
  1. Marketing Techniques to build your ADR practice (11:15a-1p)

Hillary Earle & Dick Calkins

  1. Lunch (1p-2p)
  1. HANDS-ON TRAINING, Simulated Mediation practice sessions -s with Peer Feedback and trainer critique(2-3:00P)
  2. Each participant will mediate by using one or more advanced techniques.
  1. Break 3p-3:15P
  1. (con’t) HANDS-ON TRAINING, Simulated Mediations (3:15p-5:00P)

Each participant will mediate by using one or more advanced techniques.