ADR Center International Accredited Mediator Training

The training participants will be enrolled in ADR Center Academy, ADR Center’s state-of-the-art Learning Management System (LMS), where they will be able to access course information and start their preparation, engage ADR Center’s trainers, ask questions and clarify all the details needed for effective participation to the training activities. In fact, the training participants will use the ADR Center Academy to access course information throughout the entire training, as our course administrators and trainers will upload course materials there to ensure they will be accessible for all training participants.

After opening and introductions, the training participants will be immediately engaged in a practical exercise that will challenge their assumptions related to the role of the mediator. The experience will form the foundation for the group discussion related to the mediation fundamentals, where conflict analysis techniques, alternative dispute resolution processes, principles, and stages of mediation will be discussed in detail. The training participants will be provided at the end of the first training day with the opportunity to observe and discuss a mediation demonstration. On the first training day, the participants will be presented with the core competency areas and related skills of a professional mediator.  

1. Group discussion: Welcome and introduction (presentation, goals, agenda, essential skills and competencies, ADR Center)
   
   
2. Assessment: Initial/entry knowledge assessment test;
   
   
3. Practical activity/Exercise: The Fundamental Choice, to settle or to turn it to an authority? (The Rare Table exercise)
   
   
4. Course/Discussion: Mediation fundamentals (ADR Spectrum, Conflict analysis and dynamics, mediation definitions, underlying principles of mediation (eg. confidentiality, neutrality/independence, impartiality, self-determination), mediation process and stages – ADR Center’s 5×5 matrix).
   
   
5. Overview of Day 1, questions, general discussion, “Issue parking”: Discussions of the issues raised by participants during the day.
   
   
6. Individual offline work (1h): Questionnaire: How do I manage my own differences?
   
   

The training participants will learn on the second training day that the role of a mediator is to facilitate a negotiation process. Hence, the participants will learn basic negotiation knowledge, theories, and skills. Specifically, they will be able to recognize, practice, and manage two fundamentally different approaches or “mindsets” to the negotiation. The first is called the “distributive” approach to negotiation (also known as adversarial, positional, competitive, resource claiming, or “outside-in” bargaining). Distributive negotiation is what negotiators most typically experience in the marketplace when “haggling” for simple goods or services. The second approach to negotiation is called the “integrative” approach (also known as problem-solving, interest-based, collaborative, resource-creating, or “inside-out” bargaining). Integrative negotiation requires a deeper understanding of what the parties need to move forward successfully from a negotiation. To learn all these, the training participants will engage actively in practice sessions, presentations, plenary, and small group discussions.

1. Reflections after Training Day #1: Review of Training Day #2.
   
   
2. Course/Discussion: Mediation fundamentals (ADR Spectrum, Conflict analysis and dynamics, mediation definitions, underlying principles of mediation (eg. confidentiality, neutrality/ independence, impartiality, self-determination), mediation process and stages – ADR Center’s 5×5 matrix) (continued).
   
   
3. Practical activity/Role-play: Demonstration of mediation principles and stages (video of a simulated dispute / in-class live demonstration of a mediation process).
   
   
4. Overview of Day 2, questions, general discussion, “Issue parking” (discussions of the issues raised by participants during the day).
   
   
5. Individual offline work (1h):

   Quiz #1: Mediation fundamentals.
   Read briefs (confidential briefs) for the following session’s practice activities.

Once a solid foundation is laid with mediation fundamentals and negotiation theories, the course participants will be taught “Preparation” and the “First Joint Meeting” – the first two stages in the ADR Center’s 4×4 model that describes the mediation process. Each stage will be presented with detailed information for goals, agenda (physical actions), and different tactics that can be used. Common mistakes and a custom-made “did I achieve my goals checklist” are also included for each stage presented. As ADR Center is managing more than 7000 mediations per year, our trainers are full-time practitioners and bring significant experience to the training room. For each stage, the training participants can engage in mediation simulations and build their mediation skills. This training methodology was proven to be successful in all our mediation training programs, and therefore we allocate significant durations for role-playing preparation, simulation, and debriefing to ensure that mediation knowledge is understood and mediation skills are developed.

1. Reflections after Training Day #2: Review of Training Day #3.
   
   
2. Course/Discussion: Distributive Negotiation:
   • General principles for analysing the negotiation.
   • Negotiation and communication techniques
   • Negotiation methods (based on interests and positions, intuitive, distributive)
   • Basic negotiation theory.
     
     
3. Practical activity/Exercise: “Claiming value” in negotiation:
   • Common practices
   • Possible Area of Agreement (ZOPA) / BATNA / WATNA)
   • Facilitated discussion / debrief.
     
     
4. Overview of Day 3, questions, general discussion, “Issue parking”:
   Discussions of the issues raised by participants during the day.
   
   

5. Individual offline work (1h):
   Read briefs (confidential briefs) for the following session’s practice activities.

In continuation to the previous training day, the training program will focus on the third stage of the mediation process. During this stage, the ADR Center trainers will underline why private sessions are essential in the mediation process and how they can best inform various approaches and techniques to stimulate further progress. The ADR Center’s trainers will divide the day into two – the initial (exploration) and later (negotiation) private sessions, with the same structure used on the previous day for both stages. The ADR Center will explain why the “negotiation” can be successful in achieving settlement agreements when parties are open to engaging in a meaningful “exploration” of their needs and interests. Also, the ADR Center trainers will discuss the communication and facilitation skills needed for the mediators during this important stage of the process. Then, as per the previous sessions, the course participants will have ample opportunities to role-play and practice both the initial and later private sessions to develop mediation skills.

1. Reflections after Training Day #3:
   Review of Training Day #4.
   
   
2. Course/Discussion: Integrative Negotiation:
   • “Principles based” negotiation.
   • Method of negotiating through the four Harvard principles from Fisher and Ury’s book “Getting to Yes”.
   • How these principles relate to negotiating behaviours.
   • Applying principled based negotiation in mediation.
3. Practical activity/Exercise: “Creating value” in negotiation:
   • Common practices
   • Generation options based on needs and interests
   • Facilitated discussion / debrief.
4. Overview of Day 4, questions, general discussion, “Issue parking”:
   Discussions of the issues raised by participants during the day.
   
   

5. Individual offline work (1h):
   Quiz #2: Negotiation
   Read briefs (confidential briefs) for the following session’s practice activities.

The fifth training day will start with the closing session of the mediation process, where training participants will discuss and practice the role of the mediator in facilitating S.M.A.R.T. agreements and ensuring a responsible exit from the mediation process. A specifically designed case study will be used to practice the related mediation skills within this fourth process stage. Further, the fifth training day will include a conversation about mediation ethics and the framework within which mediation can occur with primary and secondary legislation applicable nationwide, mediation rules applicable at the level of the mediation provider of services, and the agreement to mediate that the parties and the mediator sign. The training component related to mediation ethics is critical for the sustainable implementation of mediation because it teaches participants how to deal with various dilemmas that occur while mediating. We include here specific information related to cultural dimensions, a gender-diverse approach to mediation, and managing threats and reprisals in mediation. The fifth training day ends with a final mediation simulation of a complex case.

1. Reflections after Training Day #4: Review of Training Day #5
2. Course/Discussion Mediation process: ADR Center’s 5×5 mediation model.
   (Stage 1 – Preparation / Bilateral meetings):
   
   • Facilitate the parties decision to engage in mediation
   • Avoid conflicts of interests
   • Know well the case and its stakeholders (conflict analysis)
   • Build the parties’ capacity to engage constructively
   • Manage all legal formalities applicable in your jurisdiction
   • Creating a safe, constructive, and effective environment
   • Working with parties to design a sustainable process
   • Ensuring that the needed resources are available for parties
   • Manage power imbalances
   • Ensure that all participants are ready to participate.
     
     
3. Practical activity/Role-play simulation: Mediation simulation #1.
   Preparation. Facilitated discussion / debrief.
   
   
4. Overview of Day 5, questions, general discussion, “Issue parking”.
   Discussions of the issues raised by participants during the day.
   
   

5. Individual offline work (1h):
   Read briefs (confidential briefs) for the following session’s practice activities.

1. Reflections after Training Day #5: Review of Training Day #6.
   
   
2. Course/Discussion Mediation process.
   ADR Center’s 5×5 mediation model (Stage 2 – Fact finding / Opening Joint session):
   • Create a productive environment for the mediation.
   • Build trust with the participants in the mediation process.
   • Discuss and agree a set of ground rules for the process.
   • Restore or improve the communication among the parties.
   • Focus on the past and discuss the parties perspectives on it.
   • Allow all participants to share and learn from perceptions.
   • Facilitate the mediation agenda of topics for conversation.
   • Facilitate an agreed structure of the joint / private sessions.
     
     
3. Practical activity/Exercise: Mediator’s opening statement practice. Facilitated discussion / debrief Break.
   
   
4. Practical activity/Role-play simulation: Mediation simulation #2. Joint session. Facilitated discussion / debrief. 16:50 CET.
   
   
5. Overview of Day 6, questions, general discussion, “Issue parking” (discussions of the issues raised by participants during the day).
   
   
6. Individual offline work (1h):
   Individual assignment. Mediator’s opening statement.
   Read briefs (confidential briefs) for the following session’s practice activities.

1. Reflections after Training Day #6: Review of Training Day #7.
   
   
2. Course/Discussion Mediation process.
   ADR Center’s 5×5 mediation model (Stage 3 – – Exploration / Initial private sessions)):
   • Working with emotions and empathic listening.
   • Explore the interests and needs behind stated positions.
   • Prioritize interests and understand the real problems.
   • Connect with the parties (their principals) if needed.
   • Explore hidden information and facilitate shared learning • Discuss objective criteria for settlement options.
   • Facilitate an agreed structure of the joint / private sessions.
     
     
3. Practical activity/Exercise: Mediation simulation #3.
   Private sessions. Facilitated discussion / debrief.
   
   
4. Overview of Day 7, questions, general discussion, “Issue parking”.
   Discussions of the issues raised by participants during the day.
   
   
5. Individual offline work (1h):
   Read briefs (confidential briefs) for the following session’s practice activities.

1. Reflections after Training Day #7: Review of Training Day #8.
   
   
2. Course/Discussion Mediation process.
   ADR Center’s 5×5 mediation model ( Stage 4 – Negotiation / Later private sessions):
   • Facilitate the process of development of new options.
   • Compare options developed with alternatives to settlement.
   • Risk analysis and assessment of case merits; reality testing.
   • Negotiation coaching and facilitation.
     
     
3. Practical activity/Exercise: Mediation simulation #4.
   Closing sessions. Facilitated discussion / debrief.
   
   
4. Overview of Day 8, questions, general discussion, “Issue parking”.
   Discussions of the issues raised by participants during the day.
   
   
5. Individual offline work (1h):
   Quiz #3 Mediation process.
   Read briefs (confidential briefs) for the following session’s practice activities.

1. Reflections after Training Day #8: Review of Training Day #9.
   
   
2. Course/Discussion Mediation process.
   ADR Center’s 5×5 mediation model ( Stage 4 – Resolution / Closing phases):
   • Facilitating the parties decision regarding resolution
   • Formalize the settlement agreement in writing
   • Facilitate the consideration of other ADR procedures
   • Negotiation coaching and facilitation.
   • Close or adjurn the mediation procedure.
   • Exit responsibly.
     
     
3. Course/Discussion Advanced mediation techniques:
   • Effective stakeholder mapping in mediation.
   • Breaking the impasse/deadlock techniques.
   • Risk management and decision trees in commercial mediation.
     
     
4. Overview of Day 9, questions, general discussion, “Issue parking”.
   Discussions of the issues raised by participants during the day.
   
   
5. Individual offline work (2h):
   Final assignment: Mediation Intervention Plan.
   Read briefs (confidential briefs) for the following session’s practice activities.

1. Reflections after Training Day #9: Review of Training Day #10.
   
   
2. Course/Discussion Mediation Course/Discussion Mediation ethics. Mediating across cultures: 
   • Problem solving mind of a mediator, its potential and boundaries.
   • Using a gender-sensitive approach when mediating.
   • The mediator’s ethical filter.
   • Cross-cultural theories.
   • Facilitated discussion / debrief.
     
     
3. Practical activity/Exercise: Dealing with ethical dilemmas.
   
   
4. Practical activity/Role-play simulation:
   Mediation simulation #6. Mediation ethics. Facilitated discussion / debrief.
   
   
5. Assessment:
   Final/exit knowledge assessment test 16:50 CET.
   
   
6. Course feedback: virtual closing ceremony, group picture and closure.

The training participants will be invited and will have the possibility to provide course feedback through ADR Center Academy. They will also be encouraged by the ADR Center trainers to read articles and books included in the recommended reading list. Also, depending on the context and when possible, ADR Center offers shadowing and coaching opportunities to the training participants. This “supervised practice” is a very important stage in the development of any professional. Finally, ADR Center will establish and include the course participants in a “global community of practice” to facilitate networking and the ongoing transfer of good practices.