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Mediation Skills
This is a one credit course in the Pericles LL.M. program. The course is offered on a credit/no credit basis. There is no exam. Credit depends on attendance and preparedness.
Course Objectives: This short course will teach hands-on, practical mediation skills, analyzing the causes of conflict and learning strategies to manage them, structuring the mediation process with step-by-step problem solving procedures, and learning and practicing the effective communication skills needed to be a good mediator. As a skills course, you can expect to concentrate on role-play technique building exercises rather than on the legal framework for mediation in Russia or elsewhere. Active participation is required.
Schedule and Attendance Policy: Class will meet for 18 hours. Only one absence will be allowed to get credit for the course. Tardiness of more than ½ hour will count as a class absence. Lesser tardiness will count as a half absence.
Course Content:
Class 1: Introduction to Conflict and Mediation
This session will start by providing an analysis of why conflict comes about and where mediation can serve a purpose. It will help to highlight that depending on the situation, a different conflict resolution mechanism may be the best approach.
What is conflict?
- Why conflict arises
- Different styles of conflict
Mediation in context
- Litigation and arbitration
- Early neutral evaluation and expert determination
- Negotiation
Adversarial vs Inquisitorial
- Role of counsel or agents
- Arbiter of disputes
Advantages and disadvantages of mediation
Class 2: Effective communication
An essential general skill for any mediator, negotiator or lawyer is the ability to communicate effectively. How you communicate is dependent on the audience and the situation. In this session we will see in practice what works well and what doesn’t.
Recognising the parties
- Individuals vs representation
- Managing difficult behavior
- Unreasonable demands
- Attitude of co-operation to resolve
Setting an expectation
Establishing a relationship
Communication styles
- Listening
- Verbal and non verbal communication
- Empathetic vs assertive
Class 3: Investigation
This is the starting point of seeking to understand the problem before us. A thorough investigation allows for an effective decision at the end. The session will involve exercises to test how your investigative skills have developed.
How to approach a situation
- Planning an investigation
- Overview and remedy
Areas of dispute
- Intractable points
- Points of compromise
- Ambit of purview (what can be done)
Obtaining information
- Open questions vs closed questions
- Note taking
- Summary
Investigation pitfalls
- Mismanagement
- Objectivity
- Poor communication
- Unrealistic recommendation
- Failure to present conclusions
Class 4: Critical thinking
Critical thinking has become the over encompassing test for establishing ability as a lawyer or a mediator. The session will involve going in detail through examples to give you an understanding of how people make assumptions which can lead to potential pitfalls. There will be set examples to test your critical thinking in the second half of the session.
Limitations
Examples and analysis
Class 5: Negotiation, decision making and ethics
Following from the first class, the mediation can involve negotiation skills to better establish the case for one side. Alternatively, it could be a decision to be reached based on the information obtained. There will be short discussion on the ethics of mediation.
Negotiation in party appointed
- Negotiation styles
- Negotiation tactics and how to counter them
- Offers and counter offers
Decision making
- Weight and probative value of evidence
- Precedence
- Good decision making principles
Reasoning
- Common sense
- Indexical
- Analogical
- Legal
Ethics of mediation
- Guidelines to follow
- Independence, neutrality and objectivity
Class 6: Practice
This will involve set examples to run through and test the skills you have developed over the previous sessions.
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