Mediation Training
23 – 27 January 2017
Venue: Cliftons, 5/F, Hutchison House, 10 Harcourt Rd, Central, Hong Kong
Purpose
Bringing differences and disputes to sustainable resolution is at the heart of transformation and turnaround. The two most common avenues, litigation and arbitration, typically offer neither timely nor win-win outcomes under which the parties can continue normal business relations. Mediation not only provides a third way but is also effective at preventing differences escalating into disputes. ATTA considers that mediation should be regarded among the core skills of the effective T&T practitioner.
The Course
ATTA is offering an exclusive training programme in mediation with the context of transformation and turnaround in affiliation with AMATI, the Association for Mediation Assessors, Trainers and Instructors.
This training programme is designed both for legal professionals, who wish to qualify as mediators, and for general T&T practitioners who wish to gain skills and certification in the practice of commercial mediation.
This course is limited to 16 delegates on a first come, first served basis. It will be provided by Prof. Andrew Goodman (who spoke at our Mid Year Conference) and his colleagues of SCMA, the Standing Conference of Mediation Advocates. It will run over 5 days 21-25 November 2016 in Central Hong Kong, from 09:00 to 18:30 with one later evening session for assessment.
The price of the course will be HKD 28,000 (USD 3,630) for members and HKD 31,000 (USD 4,070) for non-members with a 10% discount available for applications paying a 20% deposit by 30 September 2016. In the event that less than 12 applications are received, a surcharge of HKD 5,000 (USD 640) may apply.
Accreditation
SCMA suggests that practising mediators undertake three post-training observations within 12 months of the course and prior to commencing practice. Professional indemnity insurance cover is good practice, and subscription to the Code of Conduct for Mediators of Hong Kong or the code established within your home jurisdiction.
Thursday 21 November: Day 1
09:00-18:30
Welcome and registration • Introductions • The course: what will be covered in the next 5 days; assessment • An overview of mediation in context o a brief overview of the dispute resolution landscape – litigation, arbitration, hybrids etc o importance of early intervention o definitions o key features o The structure of Commercial Mediation o Different Mediation models o Mediation principles and common features • Mediation ground rules - application to informal and formal models of mediation o confidentiality o privilege o authority • The 5 stages of mediation - brief overview o preparation o opening o exploration o negotiation o closing • The Decision to Seek Mediation o Routes to Mediation o The Role of the Mediator o The Role of Party Representatives o Choosing a mediator o The Mediation Agreement • Preparation Phase: The Pre-Mediation Process o attendees o paperwork o preliminary meetings o fact gathering o liaison with legal reps • The Mediation Meeting • Basic Skills for Effective Mediation • Demonstration Exercises
Tuesday 22 November: Day 2
Preparation • The opening session o importance o control by mediator o how long o general management o room set-up o opening statement by mediator • The Exploration Phase • Verbal communication skills and techniques o Active listening o empathy o questions o re-framing o reality testing o summarising •Role play exercises
Wednesday 23 November: Day 3
• The Attributes of an Effective Mediator • Utilising Mediation Principles • Negotiation Phase o Using and Dealing with Negotiation Strategies o Getting to Yes o Breaking deadlock •Understanding other Mediation Structures • Using Mediation Skills in other ADR processes •Negotiation exercises •Role play exercises
Thursday 25 November: Day 4
•Settlement or Concluding Phase •The Settlement Agreement •Time Limited Mediations •Ethics in Mediation •Costs Issues •Skills exercises •Role play exercises
Friday 25 November: Day 5
09:00-late
•Multi Party Mediation •Co-mediators •Dealing with Mediation “Failure” •Awareness of Regulation and Juridification •International and cross-border mediation; the EU Directive •The mediation market •Skills exercises •Role play exercises •Mentoring for assessment • Assessment Day
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