When a solicitor is preparing for mediation, it is likely that you are typically focused on positions and solutions. In this session, we seek to broaden your approach and explore other ways to engage in the process. In particular, we will be encouraging you to consider moving from an adversarial and solution-focused mindset to an interest-based and collaborative approach. This is becoming part of day-to-day solicitor practice and is no longer alternative (“ADR”) but a primary form of dispute resolution (“PDR”).
In this session we will:
- Cover the Solicitor Conduct Rules (SCR) (2015)
- Describe the prevalence of mediation and negotiation as part of dispute resolution
- Consider how solicitors can prepare for mediation
- Look at common models of mediation used in practice
- Consider the relationship between the mediator and solicitor
- Bust some common myths and misconceptions
- Cover modern and contemporary ways of engaging in mediation
- Discuss the value of taking a collaborative approach
This session will provide an overview of the principles that can guide you, as well as introducing the key skills you need to ensure that you and your clients are effectively prepared for a legally assisted mediation.
Learning outcomes
Attendees will gain an understanding of:
- The mediation process and models
- How solicitors can prepare their clients for mediation
- The solicitor’s role in mediation – the advisor, aggressor or advocate
- Different approaches used by solicitors in mediation
- Mediator/solicitor communication
- How mediators and solicitors can share the space in mediation
Suited to
Solicitors who work with clients in legally assisted mediations and seek to make a genuine effort to resolve their client’s case.
You will also be provided with:
- A PDF of the presenter’s PowerPoint
- Access to the subsequent e-Learning including transcript, CPD Quiz and webinar recording which can be viewed multiple times
- Any Supporting Documentation
- A CPD Certificate if you attend more than 80% of the live session