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Conference - Civil Justice in the EU Riga – December 11 2009 Mediation Techniques by

Conference - Civil Justice in the EU Riga – December 11 2009 Mediation Techniques by Paul Randolph. What is Mediation ?. Misconceptions A Form of ADR Third Party Neutral Facilitated Negotiation Win–Win Outcome. The Mediation Process. Pre-Mediation Meetings First Joint Session

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Conference - Civil Justice in the EU Riga – December 11 2009 Mediation Techniques by

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  1. Conference - Civil Justice in the EU Riga – December 11 2009 Mediation Techniques by Paul Randolph

  2. What is Mediation ? • Misconceptions • A Form of ADR • Third Party Neutral • Facilitated Negotiation • Win–Win Outcome

  3. The Mediation Process • Pre-Mediation Meetings • First Joint Session • Opening Statements • Private ‘Caucus’ Sessions • Joint Sessions • The Settlement Agreement

  4. Litigation . Formal Adversarial CPR and Rules of Evidence Lengthy CPR and Rules of Evidence Remedies Rights and Obligations WHAT? HOW? WHY? Costly Public Destructive

  5. Mediation Needs and Interests . Informal Cheap Speedy What? How? Why? Rights and Obligations Remedies Collaborative Confidential Therapeutic Aspirations and Wishes

  6. Negotiation Negotiationis • positional • strategic leading to: • entrenched positions • splitting differences Mediation • focuses upon needs and interests • enables creative settlements

  7. Issues of Regulation • Mediation Standards • Training • Quality of Mediators • CPD • Accreditation • The UK Experience • MoJ and CMC • EU Directive

  8. Objections to Mediation • Valid • No Definitive Ruling • No Deterrent • No wish to delay • Non Valid • Client wants “Day in Court” • A sign of weakness • No wish to compromise • Waste of time and money

  9. Psychology of Conflict • Emotions versus Reason • Amygdala Hijack • Emotions and Behaviour • Emotions Reveal

  10. The Role of Self Esteem • Importance of Self Esteem • Behavioural strategies • Coping mechanisms

  11. Values & Value Systems • Creation of Value Systems • Sedimented Values • Challenging Values • Working with Values

  12. The Need to be Heard • Need for self-expression • Being Heard • Being Valued • Getting to “Good Enough”

  13. 10 10 10 10 The End

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