Business, Civil, Commercial And Personal Injury Disputes
Resolving civil and commercial conflicts constructively requires taking into account economic, legal, and personal considerations. Whatever the origin or context of the problem, roles, rights, responsibilities, and relationships need to be realigned and the financial, property, and business issues must be resolved so that the parties can move beyond the conflict.
Most professionals who work with business conflicts have recognized the need to have a thoughtful, sensible, and efficient process to settle disputes. Mediation is being regularly used to settle damage and personal injury claims, construction disputes, community disputes, intra- and inter-agency conflicts, environmental disputes, and almost every variety of dispute that may arise in the course of doing business.
Mediation offers an effective means for parties to maintain control and settle disputes in business matters. The mediator, skilled in effective negotiation and problem-solving strategies, facilitates the process to allow disputing parties to obtain effective settlements. As a result, parties can reduce the unnecessary delay and expense that often occurs in the traditional legal system, and minimize the stress and animosity.
Course Objectives
In addition to the basic objectives of mediation training, this course will address the legal and substantive information, business and financial considerations relevant to mediation practice in this context.
Who Should Attend?
The course is designed for professionals who want to learn the basic theory and skills necessary to formally practice mediation, and for those who desire to understand how mediative strategies, negotiation skills and problem solving techniques might be effectively integrated into their present work.
Those who have had the course and found it directly relevant and beneficial have included:
- Legal professionals: judges, lawyers, and legal assistants
- Business and management professionals: agency administrators, CEOs, financial planners, bankers, and clergy
The course will focus on the basic skills, strategies and techniques of the generic mediation process, from the commitment of the parties to mediation through the preparation of an effective agreement in some of the more frequent contexts of business disputes.
Day One:
ROLE OF THE MEDIATOR AND THE STRUCTURE OF THE MEDIATION PROCESS
- Overview and Introduction to Conflict Resolution: Negotiation, Mediation, Arbitration, and Adjudication
- Assessment of Parties: Who Can Mediate?
- The Role of the Mediator as "Neutral"
- The Consultation/Orientation Session: Gaining Commitment to the Process
- Demonstration of Mediation
- Participant Mediation Simulation
NEGOTIATION STRATEGIES
- Structuring the Process and Setting Agendas
- Skills, Strategies, and Techniques in Mediation: Identifying and Framing Issues
- Systems and Communication Theory and Practice
- Conflict Analysis and Management Issues
- Gender, Cultural, and Racial Issues in Negotiation and Mediation
- Mediation Demonstration
- Participant Mediation Simulations
BARGAINING AND PREPARING EFFECTIVE AGREEMENTS
- Negotiation and Settlement Strategies: Analyzing the Dispute
- Controlling for Mediator Bias
- Preparing Effective Memorandum of Understanding: Legal and Working Agreements
- Ethical Issues in Mediation
- Participant Mediation Simulations
- The Economics and Marketing of a Mediation Practice
Certificates of completion will be presented after the completion of the course. This course has been approved for Continuing Education Units and Continuing Legal Education credit in most areas, including Missouri, Kansas, Ohio, Indiana, Oklahoma, and Illinois. The faculty will provide the necessary documentation or verification to aid participants in securing the credit desired. This course has also been approved by the courts where required for mediation practice in most jurisdictions.
Fees and Arrangements
The course is typically three days (24 hours) arranged over a weekend. This format has been designed to minimize the amount of time participants are required to be out of their offices and to lessen travel and lodging expenses.
The cost of the course is $675 per person, which includes extensive forms and practice materials. Participants will be encouraged to purchase other specific selected texts. Costs and expenses may be tax deductible according to current IRS regulations.
Generally, sessions will begin sharply at 8:30 a.m. and finish at 6:00 p.m. each day. Full attendance is required for the Certificate of Completion.
Specific details for a particular training program will be sent to you at the time of registration. To insure a quality learning experience, the number of participants will be limited.
There will be a complete refund of fees if for any reason the course is canceled. A $50 administrative fee will be charged for participant cancellations within three weeks of a scheduled program.
Tuition discounts can be arranged for students and others, depending on financial circumstances.
Generally, approximately ten or more participants are necessary for a training course to be of optimal value.