You are on page 1of 13

ADRC TRAINING SESSION 2017-18

THE PROCESS

Mediators Opening Statement.


Opening Statement (Requesting Party
first)
Conference Session
Caucus
Closing Statements
Opening Statements

Presenting Facts and Clients


Position.
Agenda
Define Roles (Client Counsel
Relationship).
Display willingness to conduct a
productive session
Conference Session

Problem Solving and


Relationship Building.
Recognising other partys
interests and attempt to satisfy
them.(Information Gathering)
Initiative to convert opponent into
problem solvers.
Conference Session

Recognizing other sides goals


and incorporating them into
solutions (Information Gathering).
Recognising other partys
interests and attempt to satisfy
them.(Information Gathering)
Advancing your own interests.
Client Counsel

Effective Division of
Responsibilities.
Efficient Communication.
Counsel ensures Client makes
informed choices
Counsel protects Clients
interests.
Develop negotiation styles.
Information Gathering

Attempt to ascertain other partys


needs, interests and concerns

Active Listening

Asking Effective Questions.


Information Gathering

Attempt to ascertain other partys


needs, interests and concerns

Active Listening

Asking Effective Questions.


Solutions

Effective Use of Confidential


Information.
How effectively do solutions take
into account other sides goals
and interests.
Variety, Creativity and range of
solutions.
Flexibility of Solutions
General Tips
Mediation is not a debate.

Legal Arguments only for persuasive value

Limit Theatrics

No deal is better than a bad deal.


General Tips

Creativity in solutions NOT creativity in


facts.

Use confidential information smartly.

Give other side a chance to speak.


Information is power.
General Tips

Enlarge the pie.

Dont try to swindle the other party.


Dealing with Non-Cooperation

Continue to be solution-oriented.

Invite the party to be more inclusive in the


process.

Caucus as a last resort.

You might also like