Certificate in Mediation Advocacy

(Code: ITP06) (3 days: 25 hours)

Mediation has developed into a mainstream dispute resolution process for commercial disputes. Business and commercial mediation has developed into a sophisticated form of managed negotiation, where the resolution has to satisfy the needs and interests of the parties and help to build great relationships. It has grown beyond the skills of the mediators alone.

In commercial mediation, the lawyer plays most often an active and useful role during the mediation. He assists his client throughout the process, usually in a collaborative and constructive manner and may well become the best advocate of the mediation in the interest not only of his client but also in the interest of all other participants.

Beyond knowing his client’s case, the lawyer or other professional acting as a practitioner in mediation must know his client’s wider commercial, financial, social relationship or any other factors that drive him towards or away from a resolution. Lawyers are trained to focus narrowly on a formatted case, regulated by the process of the court. Mediation forces them to take a much wider view, and adopt an approach for which they have yet to be trained in any serious manner. Seasoned lawyers do not go to trial without thorough preparation. Why go to mediation underprepared? The more you understand upfront what the other side sees, and they in turn understand your view and the facts your position is based upon, the more likely your mediation will be productive. Mediation is most successful when the parties’ advocates/advisors are knowledgeable and skilled in the principles of the mediation process and negotiation theories.

The changing role of a lawyer as a dispute resolution specialist, brining in specialist representation in mediation has raised the standard, credibility and acceptance of mediation. Mediation Advocacy is becoming popular and a comprehensive professional exposure to mediation advocacy is considered necessary to engage in a specialized and high quality corporate law practice. Unlike the role of a lawyer in litigation, the mediation advocate is not present principally to convey his client’s case to the mediator and the other side. He has an equally important role as his client’s adviser. To that extent the mediation advocate has to release the client from the confines of the legal ‘box’ and allow the mediator to investigate any wider agenda or needs, while at the same time using the legal case as a frame of reference with which to ascertain realistically the client’s best and worst alternatives to a negotiated agreement. They can help their clients achieve outcomes that may be unattainable in a courtroom or arbitral tribunal.

The Mediation Advocacy Program at IIAM offers the opportunity to learn what is necessary to become a skilled mediation adviser/advocate. Experienced and highly knowledgeable trainers introduce you to the theory and concepts that form the basis of mediation advocacy practice. The course provides participants with the opportunity to practice this structured dispute resolution process through a series of interactive presentations, role play simulations, real life case studies and discussion groups. The training merges highly interactive, skill-based courses in negotiation and mediation. It covers the role of the lawyer in the pre-mediation, mediation and post-mediation processes and professional and technical skills required for advising and representing clients in mediation and related dispute resolution processes. The training also gives emphasis on the code and ethical standards of mediation.

The Certificate in Mediation Advocacy entitles you to complete the Mediation Training Program (Code ITP05), which makes you a professional mediator, by joining on the third day of the Mediation Training Program and completing the balance 25 hours. See Mediation Training Program for details.

For more details, mail to training@arbitrationindia.com

Fee:

Rs. 20,000.00 (Indian participants) | US$ 370.00 (NRI participants & participants from SAARC Region) | US$ 400.00 (Foreign participants) + 18% GST
(Fee includes Training material, IIAM Mediation Rules, IIAM Mediators’ Professional Code of Conduct and the IIAM Mediators’ Conduct Assessment Process, coffee/snacks for breaks and lunch for 3 days.)

Participants are responsible for their own hotel/hostel reservation. In case the participant requires assistance for identifying or booking accommodation, feel free to contact IIAM.