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IMPASSE IS A FALLACY: AN ADVANCED MEDIATOR'S FORUM
with Lee Jay Berman

Course Agenda

This high energy, seriously practical, advanced workshop will engage you – first in identifying the most common specific causes of impasse, and then in delivering tools that will help you to resolve more cases by avoiding these common traps. Together, we will explore tools to rethink how you do every stage of the process, beginning with convening a case and the mediator’s introduction, right through how you can manage joint sessions and caucuses more effectively, and then finally how to close the deal more successfully. Seasoned mediators will leave renewed, refreshed and motivated to start applying these new tools immediately.

DAY ONE

Introduction to Impasse and Mindset Shift

Definition of the Mediator’s Role

List all of the Causes of Impasse in Mediation

Introduce Our Mediation Framework

The Five Stages of the Mediation Process 

1. Convening

2. Introduction

3. Communication

4. Negotiation

5. Closing 

The Riskin Grid and discuss mediator styles and choices 

Signpost afternoon 

Causes of Impasse That Can Be Prevented During the Convening Stage 

Break 

Causes of Impasse That Can Be Prevented During the Introduction Stage 

NLP – Mini Neurolinguistic Programming 

Causes of Impasse That Can Be Prevented During the Communication Stage 

Managing the Joint Session

Adjourn Day One

 

 DAY TWO

 Review and Questions from Day One 

Causes of Impasse That Can Be Prevented During the Communication Stage 

Managing Caucus Sessions 

Later Joint Sessions, Bridge Building 

Break 

Causes of Impasse That Can Be Prevented During the Negotiation Stage 

Opening offers, Discouraging insulting early offers 

Lunch 

Causes of Impasse That Can Be Prevented During the Negotiation Stage 

Later negotiation stages, Adding on, New Terms, Negotiation ethics 

Break

Causes of Impasse That Can Be Prevented During the Closing Stage 

Techniques for overcoming Barriers 

Closing Techniques and the Ethics of using sales skills in negotiation 

Adjourn Day Two



 
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