CONFERNCE AT A GLANCE
Thirty Hour Civil Mediation
Erickson
Mediation Institute |
Day 1
|
8:00
Registration, introductions, review of training materials, schedule, and expectations of participants |
8:30
Definitions of mediation: Review of various legal statutory and other definitions; Elements of each process: mediation, arbitration, litigation and negotiation; Sequential stages: litigation dispute settlement process and mediated dispute resolution process |
10:30
Break |
10:45
The Initial Consultation, Rules of Mediation, Confidentiality, setting the stage for cooperation, getting the right players to the table, getting parties to make a commitment to mediation |
12:00
Lunch Break |
1:00
Role-play of an initial session: Discussion of how to play roles and what to do in the processing and analyzing stages after a role-play is completed; Fishbowl Trainer Role-play: Initial consultation. Observation, discussion and process; Small Group Role-play: Small groups conduct Initial session in role-play. Observation, discussion and process |
1:45
Small group roleplays of initial consultation. Processing of
roleplay observation with emphasis on actual process of mediation
and identifying psychological, emotional abuse issues. Learning
how to deal with those issues, and how to answer legal and
process questions that emerge in the initial consultation |
3:30
Break |
3:45
Conflict resolution Theory: Conflict cycle, myths about conflict, responses to conflict, conflict styles; Review of settlement process; High conflict cases and rules of mediation; Managing client objections and concerns; Improvisation: Trainer fields conflicts from the group, addressing concerns and objections
|
4:30
Small Group Role-plays |
5:30
Adjourn |
| Day 2 |
8:00
Erickson Mediation Conceptual Framework: Lecture and discussion of the difference between cooperative and competitive approaches to conflict and how they affect communication, attitude, process and outcomes |
10:00
Break |
10:15
Identifying “interests” vs. “positions” in the mediation process; Role-play: Ugli Orange with observation, discussion and process |
12:00
Lunch |
1:00
Steps in the Civil Mediation Process: a) defining issues, b) narrowing issues, c) gathering facts and information, d) understanding information, e) assessing needs, f) use of caucuses, g) brainstorming options, h) selecting and implementing options, i) evaluation of the process |
1:45
Fishbowl Trainer Role-play: Sexual harassment employment dispute; Small Group Role-play: Small groups conduct mediation of workplace and employment disputes in role-play. Observation, discussion and process
|
3:30
Break |
3:45
Elements of a claim, elements of the defense and key legal concepts to understand: a) coverage of insurance, b) statute of limitations, c) duty of care, d) breach of duty, strict liability, e) duty of reasonable care, f) concepts of negligence, g) comparative and contributory negligence; Elements of damages: a) lost wages, b) pain and suffering, c) medical costs, d) future medical costs, e) other losses |
4:30
Small Group Role-plays |
5:30
Adjourn |
| Day 3 |
| |
8:00
Civil remedies in litigation: Injunctive relief and money damages |
9:30
Creative settlement options: a) money damages, b) re-hiring, re-training, c) apologies, d) multidimensional solutions, e) re-forming contractual obligations, f) forbearance, g) deed back, lease back, h) public statements, i) focus on future, j) structured payout of damages, k) reformation of obligations, l) combining settlement options; Other options: use of lay panels, mini-trials, experts, multi-dimensional and multi-criteria problem resolution
|
10:00
Break |
10:15
Fishbowl Trainer Role-play: Personal injury money damage case; Small Group Role-play |
12:00
Lunch Break |
1:00
Mediator Interventions: Issues from role-plays |
1:15
Large Group Mediation Process; Large Group Role-Play with full class participation |
3:00
Break |
3:15
The Role of the Mediator: The ethics of mediation, neutrality, gender awareness, cross cultural issues, active listening, power imbalances, conflicts of interest and the Civil Mediation Act, Minn. Stat. 572.31 |
4:15
Small Group Role-plays - participants’ choice: Topics depend on the personal preference and background of the participants |
5:30
Adjourn |
Day 4
|
8:00
Role of the Mediator: Ethics, Rules, Statutes and practices governing mediation in the trial court system (Special Rules of Court, applicable statutes and Civil Mediation Act). Handouts including Supreme Court CX-89-1863 regarding ADR. |
9:30
Strategies to Avoid Impasse; Video of lay panel assessment (mini-trial concept) |
10:00
Break |
10:15
Drafting Agreements: Outline of various types of agreements |
11:00
Issue of Fairness: The law of the case as compared to the law of fairness created by the parties that may be different from the actual law |
11:30
Fishbowl Trainer Role-play |
12:00
Lunch |
12:30
Small Group Role-plays |
3:00
Review of Expectations and Closing Remarks |
3:30
Adjourn |
