Theory and Techniques for the Advocate and Mediator is an intense two-week virtual program that teaches participants the necessary skills about mediation, far beyond the basics, enabling you to competently act as a mediator or a successful advocate. Participants will engage in instruction, mediation simulations and exercises, providing familiarity with the different settings in which mediation is used regardless of one’s role in the workplace, as a human resource professional or as an attorney.
Our knowledgeable and skillful facilitators will cover an introduction to mediation and the necessary steps to prepare for mediation. The program will examine what conflict is, the theory and application of conflict resolution, and its role in defining and reconciling interests. The program will provide interactive simulated mediations with coaches overseeing role-play and discussions to better facilitate your understanding of a successful mediation.
This training qualifies as the 40 hours of instruction necessary to qualify as a mediator under the guidelines promulgated by the Kentucky Supreme Court to be placed on the roster of mediators maintained by the Administrative Office of the Courts. Additional requirements such as shadowing for 15 hours, on your own, outside of the training will also need to be completed.
Rates: $250 - $775
Early Bird* Registration (alumni): $600
Late Registration (alumni): $675
Early Bird* Registration: $700
Late Registration: $775
Student, Faculty & Staff Registration: $250
* Must register by February 1, 2021 to receive the early bird discounted rates
Dates: March 2 - 14, 2021
Course content is consists of 30 hours of synchronous (virtual conducted via Zoom) instruction and 10 hours of asynchronous preparation (i.e. reading materials, videos and assessments). Below are the synchronous times of instruction:
Synchronous Instruction | Individual/Outside Preparation |
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Mediation, Mediation Styles, and Conflict The 6 Stage Mediation Process Mediation Statements
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WATCH: Alternative Dispute Resolution: Beyond Power and Rights - Introduction to Mediation & Basic Concepts of Interests with Lou Manchise (1 hours pre-recorded video) READ: Getting to Yes, pp. 1-82 “The Problem” and “The Method” DO: Conflict Assessment exercise READ: Paul F. Kirgis, Bargaining with Consequences: Leverage and Coercion in Negotiation, 19 HARV. NEGOT. L. REV. 69 (2014) READ: David A. Hoffman, Mediation, Multiple Minds, and Managing the Negotiation Within, 16 HARV. NEGOT. L. REV. 297 (2010) READ: James R. Holbrook, Using Performative, Distributive, Integrative, and Transformative Principles in Negotiation, 56 LOYOLA L. REV. 359 (2010) DO: Mediation Charts exercise |
Synchronous Instruction | Individual/Outside Preparation |
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Dealing with Emotions Mediation Charts Simulated Mediations & Reflections |
READ: Getting to Yes, pp. 97-151 “Yes, But…” and “In Conclusion” READ: Gregory D. Kincaid, What to Bring to Your First Mediation Appointment, 35-SUM FAM. ADVOC. 20 (2012) READ: Brian Farkas & Donna Nevot, First Impressions: Drafting Effective Mediation Statements, 22 LEWIS & CLARK L. REV. 157 DO: Prepare mediation statements for roleplay and read posted statements WATCH: pre-recorded video with Margaret Shaw |
Synchronous Instruction | Individual/Outside Preparation |
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Communication Skills Panel Discussion on Special Techniques in Mediations Mediator Role and Ethics |
WATCH: Implicit Bias pre-recorded video (1 hour) READ: Robert S. Adler, Flawed Thinking: Addressing Decision Biases in Negotiation, 20 OHIO ST. J. ON DISP. RESOL. 683 (2005) READ: Judith Meyer et al., What Mediators Want to Hear, 42-APR TRIAL 24 (2006) READ: Art Hinshaw & Jess K. Alberts, Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics, 16 HARV. NEGOT. L. REV. 95 (2011) READ: Russell Korobkin, Behavioral Ethics, Deception, and Legal Negotiation, 20 NEV. L. J. 1209 (2020) READ: Rosselle I. Wissler, Party Participation and Voice in Mediation, 18 No. 1 DISP. RESOL. MAG. 20 (2011) |
Synchronous Instruction | Individual/Outside Preparation |
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Simulated Mediations Starting a Mediation Practice Mediation Practice Regulations |
DO: "Attorneys" finish preparing and posting mediation statements DO: "Parties" prepare and submit mediation charts READ: "Mediators" read posted mediation statements WATCH: "Mediators" watch Margaret Shaw video |
Haile/US Bank College of Business
Chase College of Law