For the last 20 years, experienced mediator Simeon H. Baum (www.mediators.com) has trained the mediators for New York’s Commercial Division, which handles the most significant business cases in New York’s busiest courts. In this opening segment of Lawline’s June 2016 ADR Day presentation, he presents not only strategies and skills but also an overarching vision of mediation and insight into mediator orientation and negotiation theory that offers guidance to representatives and mediators alike for this fluid, dynamic, creative, and meaningful process of dispute resolution.
Learn the place of mediation in the dispute resolution spectrum. Familiarize yourself with various views of the orientation, purpose, and role of the mediator; and the nature and potential of the mediation process. Where mediation involves a facilitated negotiation, gain helpful insights into negotiation theory and skills. Consider how to generate movement in mediation and get past impasse. Lastly, discover ten mistakes even good mediators make.
I. Understand mediation in the broader context of conflict resolution
II. Develop a vision of mediation and its possibilities
III. Comprehend the role of the mediator
IV. Grasp core negotiation theory and skills
V. Identify five conflict modes and learn to handle emotional triggers and foster a constructive negotiation
VI. Consider the importance of timing in mediation
VII. Understand how to lay the groundwork for later stages of mediation
VIII. Review and give practical application to various mediation pointers, including:
A. Proper party participation
B. Mediator role as agent of reality
C. Supporting needed emotional expression
D. Coaching parties on proposals
E. Managing party expectations
F. Avoiding premature evaluation
G. Handling cognitive and psychological barriers
IX. Recognize the benefits, uses, and risks of “mediator’s proposal”
X. Appreciate both the benefits and detriments of “orchestrating” the parties’ negotiation
This course originally appeared as a part of our June 2016 Bridge the Gap Event.
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