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Tactics and strategy at mediation

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Tactics and strategy at mediation

Training course

This course is designed for those appearing as representatives of parties at mediation. It is highly practical and covers all you need to know so that you can effectively advise your client at the mediation, in all types of dispute property or otherwise. All practitioners, whatever their level of experience, will benefit. There is a lot of use of examples and discussion around those examples.

".... I found this course very rewarding and informative. It was invaluable, not just for understanding the role of mediation but importantly the psychology and tactics of negotiation that I can apply in everyday litigation to achieve the best results for my clients. A worthwhile course, would recommend it...." Jonathan Haines (F.Inst.L.Ex) Thomas Dunton Solicitors.

Points covered include:

Introduction
  • What precisely is the mediator up to?
  • Positions and interests
  • Understanding the psychology
  • Drivers and objectives

Preparation
  • When to mediate and where to mediate.
  • Who should be the mediator - a specialist?
  • Do you accept recommendations from the other side?
  • Ascertaining client objectives
  • Managing expectations
  • Creating solutions
  • Using counsel
  • Who else do you bring along?
  • Case summaries - confidential statements - other documents required

What to do on the day
  • The opening: Do you have one? How best to play it? Who speaks? What do you say?
  • Evaluation and reality testing
  • Making good use of the caucus sessions and the time you are left alone by the mediator
  • Key negotiation techniques
  • Offers - avoiding drag
  • Making the first offer
  • The impact of costs
  • Funding issues and the effects on settlement - conflicts of interest
  • Inequality of bargaining power
  • Lots of do's and dont's

The deal
  • Settling on the basis of representations
  • Drafting settlements - land transfers
  • Confidentiality
Trainer: Gary Webber

Level: Beginners / intermediate / advanced.

CPD: 5 hours

Numbers are limited to 12 to allow for maximum opportunity for discussion. There is no role play!

If you are interested in running this course inhouse please contact Gary Webber.


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