Learning Objectives

General/Civil Mediation Training

This course will teach the 6 process steps of the mediation process and lays the foundation for all specialty mediation trainings like domestic, juvenile, special education, personal injury, EEOC, community disputes and many more.

Participants Will:
--be taught how to write your mediator’s opening statement.
--be taught how to facilitate conflict communication between disputing parties.
--be taught how to focus parties toward resolution.
--be taught how to explore a party’s needs.
--be taught how to facilitate negotiations between the parties.
--be taught how to write an effective settlement agreement.
--be taught how to manage trouble spots during the mediation.
--be taught effective question asking skills.

Understanding of Conflict
This module looks at both the negative and the positive images of conflict. We will discuss the causes of conflict, as well as its depth and its impact on productivity, relationships, office dynamics, company productivity and revenue. This presentation introduces the fundamental principles for the effective conflict management.

Participants Will:
--consider whether conflict is a positive or a negative in life, community, relationships, and at work.
--discuss some of the causes of conflict.
--will look at some of the dynamics of conflict, as well as the impact of conflict.
--discuss some of the basics for the effective conflict management.

Mediator’s Opening Statement
In this module we will look at the essential elements in a mediator’s opening statement, as well as the purpose and goal of a good opening statement.

Participants Will:
--be taught the goal of this step in the mediation process and how to accomplish that goal.
--examine content for a mediator’s opening statement.
--be shown that the mediator’s opening statement is more than just information.
--discuss what should be covered during initial contact with parties when setting up a mediation session.
--learn how to effectively explain their role in the mediation.
--be taught which legal issues are good to go over with the parties in a mediator’s opening statement.
--be shown an effective transition from mediator’s opening statement into parties’ opening statements.

Communication Skills
This module will look at five techniques that will keep the door of communication open during a dispute. We will discuss the limited role of communication skills when resolving a dispute and identify the mediator’s role of modeling good communication skills to the party while facilitating the flow and focus of their discussions.

Participants Will:
--be shown how much communication comes through body language, voice tonality, and words.
--look at the communication circle to better understand the complexities of communicating.
--see some of the characteristics of conflict communication and what dynamics tend to influence communication when people are in conflict.
--be shown the necessary role that venting takes in effective communication.
--be taught techniques for modeling good communication and opening communication when it is stalled by conflict.
--learn how to employ effective techniques that promote communication and negotiation between parties at the mediation table.

Parties’ Opening Statements
In this module we will look at the goal of getting each party’s opening statement, the reason behind having each opening statement be uninterrupted, and how to handle interruptions if a party talks over the other person. In addition, we will consider how to take notes and what is important to write down.

Participants Will:
--be taught the goal of this step in the mediation process and how to accomplish that goal.
--examine how to open and encourage parties to share their information.
--be taught effective techniques for dealing with interruptions during parties’ opening statements.
--be shown effective note taking techniques that communicate listening and set up a good summary.
--be taught effective transitioning between parties’ statements. --be shown an effective transition from parties’ opening statements to joint discussion.

Joint Discussion
In this module we will look at how to handle angry interaction between disputing parities. We will consider emotional outbursts and what the mediator can do to maintain focus during a mediation, as well as the specific goal of joint discussion.

Participants Will:
--be taught the goal of this step in the mediation process and how to accomplish that goal.
--be taught the risks to the mediation process if joint discussion is skipped.
--be taught the benefits to the mediation process of a good joint discussion.
--be shown effective techniques to stimulate discussion between parties.
--be taught how to create areas of focus for disputing parties.
--be shown different techniques for summarizing parties’ opening statements.
--be taught how to effectively utilize your notes in the joint discussion.
--cover and discuss dynamics within the joint discussion, which may be present either between the parties, or within the mediator.
--be shown an effective transition between joint discussion and the caucus.

Question Asking Skills
This module will examine the skill necessary for asking appropriate questions during mediation. Students will look at Bloom’s taxonomy of questions. This presentation will take an in-depth look at each step of the mediation process and identify appropriate question asking techniques for the goals of each process step.

Participants Will:
--be taught the three types of questions defined by Bloom’s taxonomy of questions.
--be taught the characteristics of knowledge/comprehension questions.
--be taught the characteristics of application/analysis questions.
--be taught the characteristics of synthesis/evaluation questions.
--be taught what type of question is best to use to accomplish the goals of each step of the mediation process.
--be taught the role of reality testing.
--be taught the appropriate context for and use of reality test questioning.

Need Exploration
This module will teach need exploration for moving parties away from their positions and begin to negotiate around their interests. We will look at how to apply need exploration to both parties for creating settlement options.

Participants Will:
--be taught some of the characteristics of conflict communication and what dynamics can influence communication when people are in conflict.
--be shown the necessary role that venting takes in effective communication and negotiation.
--be shown how a “single solution mindset” blocks productive negotiation.
--be taught effective need exploration techniques for dealing with a “single solution mindset,” an “imbalanced personal state,” and someone who perceives “the person to be the problem.”
--be shown the dangers when problem solving interferes with need exploration.
--be taught to distinguish between and recognize “positions,” and “interests.”
--be shown the effective use of need exploration techniques when applied to the art of mediation.
--be taught the value and benefits of a collaborative model when applied to mediation and conflict management.
--be shown the primary responsibility of a mediator working with disputing parties.

Caucusing
In this module we will look at what a mediator needs to accomplish during individual caucus meetings with each of the parties, as well as the specific goal and purpose of each caucus toward reaching resolution.

Participants Will:
--be taught the goal of this step in the mediation process and how to accomplish that goal.
--be taught an effective transition into the caucus, which will ease the removal of one of the parties to a waiting area.
--be taught what to do when escorting a party from the mediation room.
--be shown effective techniques for handling “hooks” that may come from the parties.
--be taught the importance of moving from “positions” to “interests.”
--be shown techniques for generating options with a party.
--be shown techniques for creating an agenda for a party during caucus.
--be taught the importance of providing a complete caucus session for the respondent.
--be taught an effective transition between caucus and reconvening together.

Reconvening Together
In this module we will look at the hardest transition in the mediation process and ways to manage it effectively.

Participants Will:
--be taught the goal of this step in the mediation process and how to accomplish that goal.
--be taught the dangers of a poor transition into the reconvening session.
--be shown an effective technique for transitioning into the reconvening session.
--be taught the importance of silence as a technique for encouraging negotiation between parties.
--be shown the effective use of agendas (developed during caucus) for negotiations and discussions.
--revisit communication skills as a way of dealing with the flow and focus of negotiations and discussions.
--be shown an effective transition when the mediation appears to be leading into “no agreement.”
--be taught an effective transition when the mediation appears to be leading into an “agreement” between the disputing parties.
--cover when a second caucus may be useful and how to transition into a second caucus with a party.
--discuss the how and when to use “reality testing” during negotiations.
--be taught effective techniques for moving from negotiations and into the writing phase of the mediation.

Agreement Writing
In this module we will look at how to write a strong enforceable agreement both parties can commit to. A mediator’s role shifts to include the responsibility of closing loopholes and covering details in any written agreement. This presentation identifies the usual problems plaguing mediators, including closing loops, timelines, contingencies, as well as addressing money issues and apologies.

Participants Will:
--be taught the goal of this step in the mediation process and how to accomplish that goal.
--be taught what the document represents in a mediation session.
--be shown the role of the mediator in the agreement writing process.
--be taught the role and responsibility of the parties during the agreement writing process.
--be taught effective techniques for increasing the clarity of the written document.
--be taught effective techniques for addressing potential loopholes in the written document.
--be taught effective techniques for addressing questions about the agreement being binding.
--be shown how to transition from writing the agreement to reviewing and signing of the document.
--be exposed to several examples of “good” and “bad” agreement writing.

Troubleshooting Tips
No one can predict what might happen at your mediation table. In this module we look at some common derailments and what techniques and principles you can apply to navigate the mediation back on track.

Participants Will:
--be taught techniques and principles to apply when trouble spots arise in your mediation.
--be shown how to handle various challenges within the mediation, both to the mediator, and to the mediation process.
--be taught how to handle various interruptions within the mediation process.
--be shown what to do when a party attempts to leave the mediation table or refuses to talk.
--be taught how to handle various forms of power imbalances at the mediation table.
--discuss what to do if violence breaks out at the mediation table.