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Basic Mediation Skills
Instruction based upon the renowned Institute for Conflict Management (40 hours).
This course is far from the traditional “information based, instructor centered” style of teaching. Modeled on the revolutionary teaching philosophy of Stolovich and Keeps (2002), the course is an intriguing mix of lectures, discussion, and hands on exercises, based firmly on the precept that adult learning must be “performance based, student centered.” With a combined experience of over 1000 mediations and negotiation, the instructors are in an excellent position to illustrate theory with practice.
Course Content:
- History and theory of dispute resolution
- Five essential qualities of a good mediator
- What really goes on in mediation
- Styles of mediation
- Confidentiality
- Complex dynamics of moving from “no” to “maybe” to “yes”
- Other forms of alternative dispute resolution, the
- Five stages of mediation
- Elements of negotiation and negotiating styles
- Vital techniques to achieve closure
- Magic of pure listening,
- How to control the flow of communication
- How to move parties through an impasse
- Body language and creating trust
- Basic principles of risk management
All of the above are presented with illustrative examples, audience participation and ingeniously crafted role playing, designed to facilitate learning. By the conclusion of the course, the student will have achieved a wide measure of confidence in his or her ability to act as mediator in any dispute.
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Techniques for Successful Negotiations and Mediation in Business Disputes
Essential negotiating techniques for a successful business (2 days)
Do you ever feel unsatisfied or unfulfilled at the outcomes of your negotiations? Have you ever wondered what the other side’s 'bottom line' really was or whether they were simply manipulating you and the situation? Can you improve your effectiveness as a negotiator?
Dilemmas like these are an integral part of negotiation and this program will help you develop your existing skills and become a more sophisticated negotiator. The program is not about striving for a mythical 'win-win' outcome but will instead help you to better understand what the other side wants or needs and how to plan and manage your responses. Through detailed analysis and by practicing negotiation situations, you will be better equipped to successfully persuade and influence others.
This is not a 'run of the mill' training course where you can sit back and be lectured. It is a challenging but rewarding program that will test and improve your personal negotiating style. You will leave equipped with strategies and techniques that can be immediately applied to your own business relationships and commercial context.
This course has been custom designed for business people and professionals who encounter negotiation situations on a regular basis, either individually or as part of a team.
Course Content:
- Causes of conflict – ‘Why can’t we just agree?’
- Influencing without manipulating – the importance of pacing and leading.
- Navigating through impasse.
- The art of seduction in negotiation.
- Common tensions and hurdles in negotiations.
- Negotiation in practice, exercises and role-playing.
- The importance of tactics, dynamics and emotions.
- Subtleties of communication.
Key Benefits:
- Identify commonly used negotiation styles and tactics.
- Practice key skills for effective communication.
- Enhance negotiating and persuasion techniques.
- Manage the dynamics of negotiation and use emotion constructively.
- Learn how to deal with pressure, game-playing and dirty tricks.
- Improve your flexibility as a negotiator.
- Develop your preferred negotiating style.
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The Insurer's Role in Mediation
Introduces mediation to claims staff, loss adjusters and risk managers (1 day)
Participants learn to decide when to use mediation, whether to instruct lawyers to represent the insured, or whether (and how) to act in mediations on behalf of insured or self-insured defendants. Course trainers are attorneys well seasoned in negotiations both representing and opposing the insurer’s interests. This course has been specifically designed for insurer claims staff, loss adjusters and risk managers.
Course Content:
- Essential features of the mediation process relevant to insurance claims.
- Benefits of mediation and its role in claims handling to persuade claimants, their lawyers and defendant panel lawyers to engage in mediation.
- Effective preparation for a mediation, including selection of the mediator.
- Basic strategies for representing an insured defendant at the mediation without prejudicing any subsequent litigation.
- When a lawyer is or is not necessary to represent the defendant's interests at a mediation.
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Advanced Mediation Skills
Intensive course, limited to ten participants
(2 days)
Course Content:
- Individual coaching and videotaped mediation sessions
- Advanced closure techniques
- Observing, understand and handling emotions
- Advanced impasse resolving techniques
- Advanced negotiation skills
- 6 R’s for overcoming resistance
- Cialdini techniques for exercising influence, the nature of conflict
- Extensive participant discussion and role-playing
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