Mediation Training Courses

Taken from the contents of the accompanying manuals

Risk Assessment in Litigation

  1. Introduction
  2. What does a percentage likelihood of success mean?
  3. BATNA
  4. Expected Monetary Value (EMV)
  5. Decision Analysis
  6. Cumulative uncertainty
  7. Decision Analysis and Part 36
  8. What do decision trees tell us?
  9. Shortcomings of EMV
  10. Expected utility value (EUV)
  11. Sensitivity analysis
  12. Cumulative probability tables

Mediation theory

  1. Introduction
  2. The Theory
  3. The Practical Challenge
  4. Integrative bargaining in practice
  5. Identifying the Integrative Opportunities
  6. Differences between the parties
  7. Noncompetitive similarities
  8. Economies of scale
  9. Reducing transaction costs
  10. Theory for Practitioners
  11. Bringing the Parties Round to Problem Solving Negotiation
  12. Participating in a Problem Solving Negotiation
  13. Getting to YES
  14. Criticism of Getting to YES
  15. A Balanced View of Integrative and Distributional Bargaining
  16. Building Relationships During Negotiation
  17. Problem solving negotiation with positional players
  18. Conducting a problem solving negotiation
  19. Other mediation orientations
  20. Conclusion
  21. Further Learning
  22. Select Bibliography

Mediation in practice

  1. Introduction
  2. Alternative Dispute Resolution
  3. What is Alternative Dispute Resolution?
  4. Getting agreement to mediate
  5. Mediation organisation or ad hoc?
  6. Agree a venue
  7. Who should attend?
  8. Agree a date
  9. Documents to prepare
  10. Contact with the mediator before the day
  11. Access to additional advice
  12. Preparation for the negotiation
  13. Planning for mediationAll types of negotiation
  14. Planning for mediationDistributive or integrative?
  15. Planning a distributive negotiation
  16. Planning an integrative negotiation
  17. Preparation of opening presentation
  18. What to bring on the day
  19. The shape of the day
  20. Handling the negotiation stage
  21. Does ADR work?
  22. Meeting the common concerns about ADR?
  23. How can you settle until you have a clear view of the other side’s case?
  24. Early disclosure of your case
  25. Front loading of costs
  26. Being the first to make a move looks weak
  27. Concessions made in ADR might be used by the opponent later if the case does not settle
  28. Can you afford not to mediate?
  29. Dunnett v. Railtrack
  30. Subsequent cases
  31. Manner
  32. Limitations of ADR
  33. Enforceability of ADR Clauses
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