Mediation and Interest-Based Advocacy Training Program For Lawyers and In-House Counsel
Swissôtel, Zurich September 4, 2009 08h30-17h00
Program Schedule
Trainer Hal ABRAMSON, Professor of Law, Touro Law Center (habramson@tourolaw.edu), author of Mediation Representation-Advocating in a Problem-Solving Process (recipient of the 2004 Book Award of the CPR Institute of Dispute Resolution, a textbook used by the US National Institute of Trial Advocacy (NITA). Prof. Abramson is a frequent trainer to law firms, law schools, court systems, and bar associations. See www.tourolaw.edu/faculty/abramson Assignments • There may be assigned readings from the primary text, Mediation RepresentationAdvocating in a Problem-Solving Process (NITA, 2004). • Preparation of 3 case studies: Franklin Hospital (Negotiation) and French Bytes (Mediation).
Summary of Key Learning Points and Exercises: This training program is divided into the following components: 1. Introduction to Framework for Mediation Representation 2. Compare Positional with Problem-Solving Negotiations ( Negotiation Exercise) 3. Lecture on Mediation Representation Plan, Preparing the Clients and the Case, Opening Statements, Joint Sessions, Caucuses, and Impasse Breaking 4. Mediation Exercise - Part I: Focus on Opening Statements 5. Mediation Exercise - Part II: Focus on After Opening Statements 6. Mediation Assistance Lecture: Expanding the possibilities for seeking assistance from the Mediator 7. Debriefing Exercise: Using the Mediator, Advancing Interests, Overcoming Impasses, Employing Joint Sessions and Caucuses, and Formulating Creative Solutions 8. Exercise: Dealing with Aberrant Mediators 9. Exercise: How to Select a Suitable Mediator 10. Conclusions: Generating New Proactive Choices in Mediation Advocacy
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08h30 – 08h45 Opening Statement by Chair (15 Minutes) 08h45 – 09h30 (45 minutes) Introduction of the Course Making Proactive Choices in Mediation Representation Introductions of Participants Explain Posted Assigned Pairings Framework: Mediation Representation Formula-Lecture Three Features Mediation Representation Plan for Key Junctures Focus on Opening Statements, Joint Sessions, and Caucuses Recommended Reading: Mediation Representation, pp. 1-8.
09h30 – 10h15 (45 minutes) Negotiation Approach Negotiation Exercise (Franklin Hospital) (Use # 1 Pairings and Groupings) Lecture and Debrief Key Features of Distributive and Integrative Negotiations (Interests, Impediments, and Information Sharing) Recommended Reading: Mediation Representation, pp. 13-29, 30-47, 98-103.
10h15 – 10h30 (15 minutes) Coffee Break
10h30 – 11h15 (45 minutes) Negotiation Approach-Continuation
11h15 – 12h00 (45 minutes) Lecture-Preparing Case and Client, Representation Plan and Junctures 4-6 (Opening Statements, Joint Sessions/Caucuses) Exercise - Impasses (the second I) and Apply Methodology Lectures-Joint Sessions/Caucuses and Opening Statements Assign Roles - French Bytes Mediation Exercise (Use # 2 Pairings and Groupings) Recommended Reading: Mediation Representation, pp.154-173, 182-205, 205-210, 210-212, 104-114 (impasses).
Lunch Assignment: Participants Prepare Opening Statements (each side’s statements should be no longer than five minutes) and Mediators Prepare for Mediation Session (Review Instructions and Debriefing Guides)
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12h00 – 13h00 (60 minutes) Lunch and Preparation of Opening Statements by Assigned Teams
13h00 – 13h45 (45 minutes) Exercise-Mediation- Part I: Opening Statements (French Bytes) Present and Debrief Opening Statements in Small Groups (30 minutes) Debrief with Whole Group (15 minutes)
13h45 – 14h00 (15 minutes) Lecture-Mediator Assistance
14h00 – 14h30 (30 minutes) Each Team Prepares for Mediation after Opening Statements: Focus on advancing client’s interests, enlisting assistance of mediator to overcome impasses, using joint sessions and caucuses, and cultivating creative solutions. Recommended Reading: Mediation Representation, pp. 59-62, 244-245 (Proactive Use of Mediator); pp. 69-73, 133-145 (Mediator Approaches); 82-93 (Mediator Techniques); 74-82 (Stages); and 205-210, 246-248 (Caucuses).
14h30 – 14h45 (15 minutes) Coffee Break
14h45 – 15h45 (60 minutes) Mediation Exercise - Part II (French Bytes) Focus on advancing interests, enlisting assistance of mediator to overcome impasses, using joint sessions and caucuses, and cultivating creative solutions.
15h45 – 16h00 (15 minutes) Debrief Advancing clients’ interests Enlisting assistance of mediator to overcome impasses Using joint sessions and caucuses Generating creative solutions
16h00 – 16h30 (30 minutes) Lecture and Exercise: How to Select a Suitable Mediator Dealing with Aberrant Mediators
16h30 – 17h00 (30 minutes) Conclusion: Proactive Choices and Questions Feedback 3