conference - civil justice in the eu riga – december 11 2009 mediation techniquesby paul randolph
TRANSCRIPT
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”