MEDIATING COMMERCIAL AND LITIGATED CASES
5- DAY, 40-HOUR BASIC MEDIATION TRAINING SKILLS
AGENDA
DAY ONE
8:30 Registration / Continental Breakfast
9:00 Welcome, Introduction to Training, Overview, Sign Posting Next Five Days
9:20 Compare and Contrast ADR Methods – Continuum (lecture and discussion)
9:40 Introduction of 5-Stage Model (and why we begin with Negotiation) (lecture and discussion)
10:00 Competitive Negotiation – Distributive Bargaining (lecture and discussion)
10:45 BREAK
11:00 Negotiation Means Dealing With Mixed Motives
11:15 Win As Much As You Can – Competitive Negotiation Game (game theory)
12:00 How to Avoid Exploitation
12:30 LUNCH
1:15 How to Win in Competitive Negotiation (lecture and discussion)
2:30 BREAK
2:40 You’ve Got Mail – Competitive Negotiation Exercise (role play simulation)
3:30 Opening Offers & Strategies / Key Questions (lecture and demonstration)
4:00 BREAK
4:10 Competitive Negotiation Skills (cont’d)
4:40 Role Play Simulation – The Homeowner and the Contractor
5:30 ADJOURN - Homework for Day Two - Observe a Negotiation
DAY TWO
9:00 Review Day One, Debrief Homework
9:30 Collaborative Negotiation - Integrative Bargaining
10:15 Positions and Interests (storytelling, lecture, discussion)
11:00 BREAK
11:15 The Roadmap to Integrative Negotiation
12:30 LUNCH
1:15 Roadmap to Integrative Negotiation (cont’d)
2:15 BREAK
2:25 BankTec v. San Diego Federal
3:30 BREAK
3:40 Negotiation Style (lecture)
4:10 Trouble in the Workplace Role Play Simulation
5:00 Human Conflict Behavior Exercise - Recall a conflict (interactive discussion)
5:30 ADJOURN
DAY THREE
9:00 Review Negotiation – Questions on first two days
9:30 History of ADR, including court applications (lecture and discussion)
10:15 Principles of ADR (lecture and discussion)
10:45 BREAK
11:00 Thomas-Kilmann Grid – 5 Responses to Conflict
11:45 The Structure(s) of the Mediation Process (lecture and discussion)
12:10 The Riskin Grid (lecture)
12:30 LUNCH
1:15 Ogden v.Nelson - The Camera Store (role play simulation)
2:00 The Introduction Stage
2:30 BREAK
2:45 The Mediator’s Agenda (lecture and discussion)
3:00 The Mediators’ Break (lecture and discussion)
3:15 The Rug Dispute (role play simulation)
4:00 BREAK
4:10 The Communication Stage
4:45 Exercises in neutral language (interactive exercise)
5:10 Reframing exercise (interactive exercise)
5:30 ADJOURN
DAY FOUR
9:00 Review and discuss first three days – Midpoint Check-In
9:20 Review Sample Introductions and give feedback
10:00 Trouble in Santa Monica (role play simulation)
10:45 BREAK
11:00 Dealing with power imbalances (lecture and discussion)
11:30 Bias Exercise (interactive exercise)
12:00 LUNCH
12:45 “I” messages (lecture and discussion)
1:15 The Mediator’s Stance: Attached, Unattached or Detached (lecture and discussion)
1:50 BREAK
2:00 The Mediator’s Perspective (lecture and discussion)
2:30 Managing Expectations (lecture and discussion)
2:50 Positions vs. Interests (lecture and discussion)
3:20 BREAK
3:30 The Two Realtors (role play simulation)
4:20 Legal Ethics, Confidentiality, and Mediator Standards of Practice (lecture and discussion)
5:30 ADJOURN
DAY FIVE
9:00 Questions and Review
9:20 Developing and operating a mediation practice (lecture and discussion)
10:30 Organizations, Providers, Certification and Social Media (lecture and discussion)
11:00 BREAK – Extended (with hearty snacks)
11:30 The Convening Stage
12:15 The Closing Stage
12:45 How Do You Define Success? (interactive discussion)
1:30 Final Q&A
1:45 Evaluations, Certificates of Completion, and Video Testimonials
2:00 ADJOURN