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Mediation advocacy skills
"All members of the legal profession who conduct litigation should now routinely consider with their clients whether their disputes are suitable for ADR"Dyson LJ in Halsey v Milton Keynes NHS Trust
May 2004
"The profession can no longer with impunity shrug aside reasonable requests to mediate"
Ward LJ in Burchell v Bullard
April 2005
Increased court activism and experience of both lawyers and clients in mediation means that today's representatives must be able to realise the potential that the process holds for their clients.
Drawing on the extensive experience of over 13,000 referrals and the field’s leading trainers, the CEDR Mediation Advocacy Skills training course provides practitioners with the much needed skills required to meet the demands of representing clients in today’s mediations.
Course content
Through participative exercises, case studies and role play to maximise learning, participants will:
- be equipped with the skills needed in mediation advocacy
- maximise the settlement benefits for clients at a mediation
- be fully appraised of the requirements now demanded by current civil justice practice.
Format
Clients may design a bespoke programme to meet specific needs and accomodate time pressures, selecting from a number of core menu items. The programme can also be tailored in terms of issues and case studies to suit practice areas, sector areas and the level of experience of delegates.
A. Understanding mediation as a dispute resolution process
1. Which dispute resolution process is most suitable?
2. The legal landscape of dispute resolution
3. The mediation process - what to expect
B. Reaching agreement to mediate
4. When to choose mediation
5. Incorporating mediation into your practical toolkit
6. Early case assessment
7. Convincing others to mediate - promoting the process to clients and other parties
C.Preparing your case, client and legal team - roles and strategies
8. Logistics of organising the mediation
9. What documentation should you submit?
10. Selecting a functional team to attend the mediation
11. Preparing the team for their role in the process
12. Lawyers' preperation
13. Preparing the opening statement
14. Preparing for the private sessions
D. Getting the most out of the mediation day
15. Making an impactful opening
16. Using the exploration process
17. Managing time effectively
18. Negotiating strategies in the bargaining phase
19. Breaking through deadlock
20. Reaching settlement
21. Post mediation activities
22. Misunderstandings in mediation
Who should attend
The programme is designed for anyone who provides professional legal advice, solicitors (contentious and non-contentious), barristers and in-house counsel. The programme will be tailored to accommodate the level of pre-existing knowledge, experience and seniority of the delegates in order for delegates to train with their peers.
The trainers
The CEDR training faculty is comprised of over 20 professionals and offers a unique combination of legal and business backgrounds. The faculty are all practising mediators who have also had many years’ experience of representing clients in mediation.
CEDR will select the most suitable faculty for the each programme, according to the precise background and competencies required by the client.
Continuing professional development
The course is eligible for Law Society and Bar Council CPD hours on a modular basis.
The cost
The programme will be charged according to duration of training as follows:
| Half day (4 hours) | £1,600 +VAT (£1,880 inclusive) | |
| Full day (8 hours) | £2,500+VAT (£2,937.50 inclusive) |
The in-company fee includes training delivery for up to 12 delegates with one training faculty and the provision of course materials. The fee excludes faculty travel and subsistence expenses, accommodation and catering.
See below for more detail
| Topic area | Core menu items | |
| A. Understanding mediation as a dispute resolution process | ||
| 1 | Which dispute resolution process is most suitable?
| |
| 2 | The legal landscape of dispute resolution
| |
| 3 | The mediation process - what to expect
| |
| B. Reaching agreement to mediate | ||
| 4 | When to choose mediation
| |
| 5 | Incorporating mediation into your practical toolkit
| |
| 6 | Early case assessment
| |
| 7 | Convincing others to mediate - promoting the process to clients and other parties
| |
| C. Preparing your case, client and legal team - roles and strategies | ||
| 8 | Logistics of organising the mediation
| |
| 9 | What documentation should you submit?
| |
| 10 | Selecting a functional team to attend the mediation
| |
| 11 | Preparing the team for their role in the process
| |
| 12 | Lawyers' preparation
| |
| 13 | Preparing the opening statement
| |
| 14 | Preparing for the private sessions
| |
| D. Getting the most out of the mediation day | ||
| 15 | Making an impactful opening
| |
| 16 | Using the exploration process
| |
| 17 | Managing time effectively
| |
| 18 | Negotiating strategies in the bargaining phase
| |
| 19 | Breaking through deadlock
| |
| 20 | Reaching settlement
| |
| 21 | Post mediation activities
| |
| 22 | Misunderstandings in mediation
| |