Conference - Civil Justice in the EUConference - Civil Justice in the EURiga – December 11 2009Riga – December 11 2009

Mediation Techniquesbyby

Paul RandolphPaul Randolph

What is Mediation ?

MisconceptionsMisconceptions

A Form of ADRA Form of ADR

Third Party NeutralThird Party Neutral

Facilitated NegotiationFacilitated Negotiation

Win–Win OutcomeWin–Win Outcome

The Mediation Process

Pre-Mediation MeetingsPre-Mediation Meetings

First Joint SessionFirst Joint Session

Opening StatementsOpening Statements

Private ‘Caucus’ SessionsPrivate ‘Caucus’ Sessions

Joint SessionsJoint Sessions

The Settlement AgreementThe Settlement Agreement

Litigation..

CPR and Rules of EvidenceCPR and Rules of Evidence Rights andRights and

ObligationsObligations

RemediesRemedies CPR and Rules of EvidenceCPR and Rules of Evidence

Formal

Lengthy

Costly

Destructive

WHAT? HOW? WHY?

Public

Adversarial

Mediation..

Rights andRights and

ObligationsObligationsRemediesRemedies

Informal

Speedy

Collaborative

Therapeutic

What? How? Why?

Needs and InterestsNeeds and Interests

Aspirations and WishesAspirations and Wishes

Confidential

Cheap

Negotiation

NegotiationNegotiation is is

positional positional

strategic strategic

leading to:leading to:

entrenched positionsentrenched positions

splitting differencessplitting differences

MediationMediation focuses upon focuses upon needs needs and and interests interests

enables creative settlementsenables creative settlements

Issues of RegulationIssues of Regulation Mediation StandardsMediation Standards

TrainingTraining Quality of MediatorsQuality of Mediators CPDCPD

AccreditationAccreditation The UK ExperienceThe UK Experience MoJ and CMCMoJ and CMC

EU DirectiveEU Directive

Objections to MediationObjections to Mediation ValidValid

No Definitive RulingNo Definitive Ruling No Deterrent No Deterrent No wish to delayNo wish to delay

Non ValidNon Valid Client wants “Day in Court”Client wants “Day in Court” A sign of weaknessA sign of weakness No wish to compromiseNo wish to compromise Waste of time and moneyWaste of time and money

Psychology of Conflict

Emotions Emotions versus versus Reason Reason

Amygdala HijackAmygdala Hijack

Emotions and BehaviourEmotions and Behaviour

Emotions RevealEmotions Reveal

The Role of Self EsteemThe Role of Self Esteem

Importance of Self EsteemImportance of Self Esteem

Behavioural strategiesBehavioural strategies

Coping mechanisms Coping mechanisms

Values & Value Systems

Creation of Value SystemsCreation of Value Systems

Sedimented ValuesSedimented Values

Challenging ValuesChallenging Values

Working with ValuesWorking with Values

The Need to be HeardThe Need to be Heard

Need for self-expression Need for self-expression

Being HeardBeing Heard

Being ValuedBeing Valued

Getting to “Good Enough” Getting to “Good Enough”

The EndThe End

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