OBJECTIVES OF THE PROFESSIONAL
MEDIATION TRAINING PROGRAM




By completing this program, you will be able to:

Lesson 1

Students will be able to define the history of conflict resolution and understand the basic definitions of processes such as negotiation, mediation, arbitration, litigation and other alternative means for resolving disputes. The advantages and disadvantages will be explored as well. Specifically students will be able to:

Define basic terms used in the conflict resolution profession.

Identify various conflict resolution processes.

Understand how unmet psychological needs result in conflict.

Lesson 2

Students will have the ability to explain what mediation is (within the dispute resolution context) and what a mediator does. Students will gain an awareness of what additional knowledge/skills/experience/supervision may be necessary for the successful practice of mediation and how to get it. More specifically students will be able to:

Outline the steps to become a mediator

Define key terms

Discuss realistic career opportunities available to you in the conflict resolution field upon successful completion of this program.

List the advantages of taking this course.

Lesson 3

Define key terms

Identify and explain the 5 Stages of mediation

List and provide examples of each of the five stages.

Lesson 4

Define the unauthorized practice of law.

Give examples that give rise to the unauthorized practice of law.

Identify ways to prevent the unauthorized practice of law.

Locate available error and omissions insurance for mediators.

Lesson 5

Students will be able decide and analyze the best strategy for getting the parties to participate in the mediation process. Specifically students will be able to:

Identify the 7 Steps of convening

Draft a convening communication

Lesson 6

Identify the 12 Steps of Opening

Effectively prepare an Opening Statement

Lesson 7

Students will have the ability to facilitate communication between the parties by using specific skills (e.g., active listening, reframing). Specifically students will:

Identify facilitators to communication.

Identify barriers to communication

Discover information gathering techniques

Lesson 8

Students will learn the skills to become successful negotiators who help the parties to focus on interests instead of positions.

Identify bargaining strategies employed in mediation.

Effectively apply negotiation tactics to a scenario.

Lesson 9

Students will be able to effectively develop communication skills. The focus will include active listening

Identify strategies of active listening

Apply appropriate questioning/communication techniques.

Lesson 10

Students will learn to have the ability to build a working relationship and a constructive process with the parties. Students will also have the ability to facilitate problem solving between the parties. Specifically students will:

Successfully apply cognitive skills to solve problems

Identify affective strategies in developing critical thinking and problem solving skills.

Lesson 11

Students will gain the knowledge of conflict management skills. Specifically students will:

 Develop skills for forming mutually acceptable agreements.

Help parties focus on interests, not positions.

Negotiate successfully.

Lesson 12

Students will be able to construct durable agreements which are procedurally, substantively and psychologically mutually satisfactory to disputants.

Effectively draft a mediation agreement

Avoid the unauthorized practice of law

Lesson 13

Students will have the knowledge of standards of practice and how ethical issues are resolved. Students will understand concepts of mediator influence and neutrality. Specifically students will be able to:

Describe the ethical code for mediators

Identify ethical issues that may arise

Lesson 14

Students will gain an awareness of theories and current research and literature underlying conflict and its resolution, and their application to family mediation. Students will have the ability to recognize when the assistance of other professionals might be helpful to the mediation process and to facilitate this discussion with the parties. Students will gain the ability to screen for appropriateness of mediation, including knowledge and ability to screen for domestic violence and an awareness of appropriate responses when domestic violence or its potential has been identified. Students will gain an awareness of the consequences of separation/divorce for adults and children. Students will also be able to apply practical skills, strategies and techniques necessary for effective family mediation practice. Students will also be able to:

Identify ways to work with other professionals.

Develop skills and strategies for joint, caucus and multi-party sessions.

Establish a marketing plan a successful family mediation practice.

Lesson 15

Students will gain the necessary skills to become effective business mediators. Specifically students will:

Gain confidence and power to become a facilitative negotiator.

Recognize a negotiable situation.

Enhance current negotiation skills.

Lesson 16

Students will gain the ability to contract their mediation services. Specifically students will:

Identify possible business goals.

Prepare a marketing strategy to achieve the goals.