Basic Mediation Training: Conflict Resolution Theory & Techniques

Tuesday & Wednesday, February 23 & 24, 2016 |  9:00 a.m. – 5:00 p.m.
Wednesday & Thursday, March 2 & 3, 2016 |  9:00 a.m. – 5:00 p.m.

Dina

LEAD TRAINER
Dina Jansenson

Mediator/Arbitrator
JAMS

Carol

LEAD TRAINER
Carol B. Liebman

Clinical Professor
Columbia Law School

  • This four-day course on the theory and skills of basic mediation, will cover essential techniques and procedures of mediation in lecture, exercises and small group role-plays. Topics to be covered include: getting the mediation process started, organizing the discussion, generating movement, overcoming barriers to an agreement, concluding the mediation and other practice issues. Certificates of completion will be issued at the conclusion of the program. This program is geared towards law school graduates and beyond who have an interest in learning to mediate but is also appropriate for non-lawyers.

    This course satisfies Part 146 requirements with 26.5 hours of basic mediation training. However, completion of the course does not guarantee acceptance onto the NYS court roster. To receive Part 146 basic mediation training credit, attendance at all four days of the program is required.

    Registration is limited to 48 people; advanced registration is strongly advised.

    This program will not be taped. You have only one chance to see it – Live!

    Live Program: $1795 Member | $1995 Nonmember
    (Register by 1/30/16 and receive $200 off your registration)

  • Tuesday, February 23

    9:00 am – 10:30 am

    Introduction & Overview

    • Theories of Conflict
    • The Negotiation Process

    10:30 am – 10:40 am

    Break

    10:40 am – 12:30 pm

    Introduction to the Mediation Process

    • Exercise
    • Demonstration

    12:30 pm – 1:30 pm

    Lunch

    1:30 pm – 2:00 pm

    Demonstration Continued

    2:00 pm – 2:50 pm

    Beginning the Mediation

    2:50 pm – 3:00 pm

    Break

    3:00 pm – 3:55 pm

    Gathering Information

    3:55 pm – 4:45 pm

    Role Play # 1 – Jones v. Davis (This is a dispute between neighbors referred to mediation by the police. Focus on establishing trust. Mediate through parties’ openings & beginning to ask clarifying questions.)

    4:45 pm – 5:00 pm

    Wrap Up

    Wednesday, February 24

    9:00 am – 9:20 am

    Building Trust

    9:20 am – 10:45 am

    Organizing the Discussion

    • Identifying Interests
    • Identifying Issues
    • Recognizing and Acknowledging Feelings
    • Summarizing

    10:45 am – 10:55 am

    Break

    10:55 am – 12:30 pm

    Role Play #2 – Lyons v. Fox (Chris Lyons went to the Brooklyn Mediation Center to request help with his/her complaint against Pat Fox, charging harassment and demanding money damages for lost earnings. Fox and Lyons are former roommates.)

    12:30 pm – 1:30 pm

    Lunch

    1:30 pm – 3:10 pm

    Generating Movement

    • Hearing Proposals
    • Stroking
    • Silence
    • Caucusing
    • Role Reversals
    • Normalizing
    • Option Generation
    • Reality Testing
    • Focusing in the Future
    • Asking Problem Solving Questions
    • Packaging
    • Recognizing Opportunities for Empowerment and Recognition

    3:10 pm – 3:20 pm

    Break

    3:20 pm – 4:45 pm

    Role Play # 3 – Purple House (This is a dispute between a homeowner and the neighborhood association of a private development. The parties have agreed to have their dispute mediated at the community mediation center.)

    4:45 pm – 5:00 pm

    Wrap Up

    Wednesday, March 2

    9:00 am – 9:30 am

    Respecting the Parties’ Values and Cultures

    9:30 am – 11:20 am

    Becoming an Ethical Practitioner – Guest Lecturer Hon. Kathleen Roberts

    11:20 am – 11:30 am

    Break

    11:30 am – 1:00 pm

    Role Play # 4 – Smith v. Updike (This is a dispute between partners in an accounting firm. They mutually agreed to try mediation.)

    1:00 pm – 2:00 pm

    Lunch

    2:00 pm – 3:25 pm

    Overcoming Impasse and Barriers to Agreement
    Concluding the Mediation

    • Reaching Agreement
    • Testing the Agreement
    • Bringing Closure to Session
    • Writing the Agreement

    3:25 pm – 3:35 pm

    Break

    3:35 pm – 4:50 pm

    Role Play # 5 – Fred v. Mary (This mediation is about custody issues between a husband and wife who are in the midst of a divorce.)

    4:50 pm – 5:00 pm

    Wrap up

    Thursday, March 3

    9:00 am – 10:30 am

    Practice Issues

    • Dealing with Lawyers and Legal Issues
    • When and Whether to Use Evaluative Techniques

    10:30 am – 10:40 am

    Break

    10:40 am – 12:00 pm

    TBA

    12:00 pm – 12:30 pm

    Meetings Between Lawyers and Clients and Between Co-Mediators

    12:30 pm – 1:30 pm

    Lunch

    1:30 pm – 2:15 pm

    Getting Started Panel

    2:15 pm – 4:05 pm

    Role Play # 6 – Kleinman v. All American Glue (This is a commercial dispute. The parties and their lawyers will be attending the mediation.)

    4:05 pm – 4:15 pm

    Break

    4:15 pm – 4:30 pm

    Debrief Role Play with Lawyers

    4:30 pm – 5:00 pm

    Closing Session

  • NY: 30.5 total: 23.5 skills, 5.0 professional practice & 2.0 ethics
    NJ: 32.0 total: 29.8 general & 2.2 professional responsibility
    CA: 30.5 total: 28.5 general & 2.0 professional responsibility
    PA: 25.5 total: 24.0 general & 1.5 professional responsibility

  • Sponsoring Association Committees:
    Alternative Dispute Resolution | Nancy Kramer, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Laura Stine Poles, Program Attorney, City Bar Center for CLE | (212) 382-6619 | lpoles@nycbar.org 
    ____________________________________________________________________________________________