THE CHARTERED INSTITUTE OF ARBITRATORS

a)

Describe and explain the principles, procedures and skills contained in the syllabus below, including:

• the range and limitations of the several methods of negotiating and mediating;
• the significance, rights and responsibilities of the different performers in a mediation and its legal context;
• the nature of a mediation and its anticipated outcome;
• the range and limitations of an adjudicator’s powers and jurisdiction;
• the methods of initiating and processing a mediation; and
• the status and limitations of a mediation resolution agreement.

b)

Appreciate the significance of and apply these principles and skills when dealing with and seeking resolution of a dispute by mediation.

c)

Demonstrate practical skill in managing and controlling all the stages in a mediation and communicating with parties effectively.

Mediation process

Mediation in the context of the range of methods for resolving disputes

Appropriateness of other methods for some disputes

Mediation as a means for resolution within party control

The stages of mediation

Agreement to mediate

Preparation

Opening

Exploring / understanding

Negotiating / bargaining

Concluding

Mediator as a person

Interactivity ­– open and friendly manner

Energy and stamina

Business-like

Mediator’s relationship with the parties

Posture, gestures, voice tone

Own values yet non-judgmental

Respect

Active listening

Empathy

Mirroring attitudes

Discretely authoritative

Building relationships

Mediator’s process skills

Receptive, not inquisitive

Conversational

Open and close questions

Hypothetical and leading questions

Challenges

Silence

Reframing

Reality testing

Checking assumptions

Risk analysis

Coaching parties to negotiate

Mediator as manager

Setting the ground rules

Voluntary to each party

Party control

Confidentiality

Meetings and caucuses

Courteous behaviour

Process privileged unless resolution obtained

Planning the procedure

Seating

Timetabling

Mediation procedure

Preparation

Listing the critical issues

Analysis of critical information required

Opening statement

Parties’ opening statements

Brief case summary

Negotiating strategy

Based on parties’ stances

Determining ‘interests’ (the parties’ wants and needs)

Determining what is at stake

Creating favourable perceptions

Issues not personalities

Interests not positions

Developing options for mutual gain

Resolution agreement

Problem solving

Considering the consequences

‘Bridging the gap’

Writing it up immediately

Mediation Costs

The marketplace

Scale fees

Mediation Ethics

Confidentiality

Immunities

CIArb code