Presented by
Falconbury

Mediation Advocacy Skills for Lawyers and Business People

Businesses in commercial disputes want to save time, money and relationships in resolving them. This programme will detail how to achieve a satisfactory and timely solution through mediation.

Find out more

  • Format: Bespoke training

Course Overview

Businesses in commercial disputes want to save time, money and relationships in resolving them. Mediation does this in ways arbitration or litigation cannot, and can achieve outcomes different to those available at court or in arbitration. Many jurisdictions now expect disputing parties to mediate before arbitrating or litigating. Mediation is increasingly becoming the preferred option for dispute resolution. A working knowledge of the mediation process is an invaluable tool for any in -house counsel, litigation lawyer or commercial manager.

Success at mediation depends on the parties’ mind set. Seeing the dispute settlement as a deal to be done rather than a battle to be won is key and enables the parties to look forwards not backwards. This is a different to the litigation approach. At mediation it is not so much a question of who is right or wrong but what is best for the businesses.

This In-house programme gives you the latest information on how to manage the mediation process and settle disputes effectively by mediation. You will learn:

  • what to expect at a mediation
  • how to work with a mediator
  • how to communicate with all the parties involved so as to achieve a successful business outcome.
  • the risks and pitfalls to avoid
  • how mediation sits in relation to the legal process,
  • the mediation documents
  • the impact of recent case law on best practice.

Delivered by two highly experienced commercial mediators, the course is practical with examples and interactive exercises.

Sample Programme

Pre-mediation issues

  • Why mediate?
  • What disputes are suitable for mediation, and what disputes are unsuitable?
  • When is the time right to mediate?
  • Selecting the mediator
  • Initial steps between the parties
  • Costs consequences of refusal to mediate, or not responding to a request to mediate
  • The roles of lawyer, parties and mediator

Preparing for a mediation

  • Who will attend?
  • Mental preparation of the team for the session
  • Physical preparation (reports, valuations, site visit, etc)
  • Preparing and delivering an effective opening statement
  • Initial contact with the mediator
  • How much to disclose
  • Confidentiality
  • Without prejudice
  • Authority to settle
  • The Agreement to Mediate

At the Mediation

  • Roles within the team
  • Analysing the business case for settlement
  • Risk analysis
  • Working with the mediator
  • Getting the most out of private sessions
  • Overcoming the fear of joint sessions
  • Communication skills
  • Negotiation strategies
  • Creative problem-solving
  • Facilitating cooperation
  • The psychology of getting to a deal
  • How to achieve a successful solution for the parties

Enforcing a mediation agreement

  • Drafting and enforcing a Settlement Agreement
  • Pros and cons of Heads of Agreement in different jurisdictions
  • Tomlin Orders and the relationship between a Settlement Agreement and pending litigation
  • Drafting and including effective multi-tier dispute resolution clauses
  • The EU Mediation Directive and enforcing a mediation settlement agreement within the EU
  • Enforcing International Mediations – Med Arb and the NY Convention

Rebecca Attree

Rebecca is a Qualified Solicitor, experienced Civil and Commercial Mediator and Trainer, based in London. She worked for City law firms Richards Butler (now Reed Smith) and Laytons before setting up her own international commercial law practice, Attree & Co in 1995. Rebecca has extensive experience in negotiating and drafting cross-border collaboration and joint venture agreements and licensing software agreements. She has trained thousands of lawyers and business executives over the last 25 years, in Europe and beyond, on a wide range of commercial law topics.

More details

Stephen Walker

Stephen Walker M.A (Oxon), FCIArb, is a Solicitor and Accredited Mediator. He was a civil and commercial litigation solicitor in London for 30 years. He has mediated 300 civil and commercial mediations and has represented clients at many mediations and even been a client himself. Last year he published a book written (with David Smith) for clients and their representatives: Advising and Representing Clients At Mediation (Wildy’s). He did this to help people get the best out of the mediation process. It has attracted a cluster of 5 star reviews on Amazon and has been chosen by the ICC as the prize in the 2014 International Mediation Competition. Stephen is also dual accredited as a mediator in the USA through INADR and has undertaken specialist training in workplace mediation. He has delivered highly praised mediation training courses and is also a Visiting Lecturer in Mediation at King’s College London on the M.Sc. in Construction Law.

More details

We don't have any currently scheduled dates for this course but we can customise it to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

See below or contact us to discuss yor requirements.

Multiple colleagues?
Talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra BEER
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy