The report concludes that mandatory (alternative) dispute resolution is compatible with Article 6 of the European Human Rights Convention and is, therefore, lawful.
“We have concluded that (A)DR can be made compulsory, subject to a number of factors."
“Our conclusions place another useful and powerful tool in the box. They also provide the opportunity to initiate a change of culture in relation to dispute resolution which will benefit all concerned.”
Master of the Rolls, Sir Geoffrey Vos, Head of Civil Justice, said: “As I have said before, ADR should no longer be viewed as “alternative” but as an integral part of the dispute resolution process; that process should focus on “resolution” rather than “dispute”. This report opens the door to a significant shift towards earlier resolution.
One day training course led by Counsel and Mediators
£400.00 plus VAT
6 hours BSB/SRA/CMC CPD
0207 583 0444
Many advocates - be they counsel, solicitors, accountants, or other advisers, believe that the skills they have honed and grown over the years in court or negotiating will equip them well for supporting their clients at mediation. They are wrong - with potentially embarrassing experiences, fully exposed before the withering gaze of clients. The London School of Mediation faculty has seen well over 1,000 mediation advocates displaying their wares over the last decade: the difference between those who are trained and those who try to "wing it" is profound. Often the outcomes for the latters' clients are characterised by no resolution or sub-optimal settlements with all the commercial and potentially career-limiting consequences for the advocate that these entail.
The law is developing apace with (A)DR likely to be come mandated in civil litigation. There are also significant cost sanctions for unreasonable refusal to mediate, or even the failure to respond to an invitation to mediate. Remember "You don't know what you don't know" can result in a real change in the perception of a case and thus the risk of a case.
With litigation and mediation offering differing forms of dispute resolution, it is critical that those giving legal advice are equipped with a firm understanding of mediation and have a firm grasp of how it works. This is an excellent time to understand more about how the mediation process works, how to use the mediator to get the best for your client, and how representatives can help clients effectively to engage in the mediation process.
Why the London School of Mediation?
The LSM is one of the top five leading UK providers of mediation training. Established 14 years ago, it provides training using world class leaders. Invited to work across the country, it is also developing mediation in the Caribbean, Asia and Europe. But the focus is absolutely on the practical - again, unlike its competitors, its training leaders are busy practising mediators, solicitors, and barristers who have daily experience of the task. The feedback is accordingly remarkable and LSM is independently reviewed on its web site with 100% five star testiminials.
This course will ensure delegates:
. (1) learn and demonstrate the skills needed in mediation advocacy
. (2) know how to maximise the settlement benefits for clients at a mediation
. (3) are fully updated in the swiftly changing civil justice practice; and
. (4) are able to hone techniques in live role plays with active feedback.
The day runs from 0930 to 1730 and is run by LSM's faculty at CIArb in London.
Please ask for details of in-house/firm/chambers courses which we are pleased to provide 0207 583 0444).
Part One - Mediation and the dispute resolution process
*Advising on mediation
*The legal landscape
*When to choose mediation
*Persuading others to mediate
*Promoting the process to clients and other parties
*What to expect at mediation
*Costs, CFAs, and insurance
Part two - Preparing the case, the client and the legal team
*Logistics of organising the mediation
*Selecting a team
*Preparing the team
*Roles of the participants
*Strategies and ethics
*The bundle - preparation, content, and reading
*The opening statement
*Preparing for the private sessions
Part 3 - At the mediation
*How to open, question, and listen
*How to use the time
*Using the team
*Creating a Golden Bridge
*Go to the balcony
*Preparing an offer
*Costs, global offers, and other means
*Fishing and subversion
*Adjourning and beyond
*Preparing a settlement
Part 4 - Practical mediation Advocacy
*Participation in role plays as an advocate, mediator or observer
*Open and private sessions
*Feedback and analysis
Who should attend?
The course is designed for those who are likely to provide support and advice at a mediation - be they professionals, insurers, solicitors (contentious and non-contentious), barristers and in-house counsel. The programme is flexible to accommodate the level of pre-existing knowledge, experience, and seniority of the delegates - and is at a high tutor/delegate ratio.
The course is eligible for 6 hours SRA (Law Society) and BSB (Bar Council) CPD hours. It also meets the needs of mediators who require 6 hours of mediation-related CPD for CMC accreditation.
Course leaders and tutors
The course will be led and run by the LSM Faculty that includes:
Judith Kelbie - non-practicing solicitor and mediator
Tessa Herman - non-practicing solicitor and mediator
Tina Kumar-Jacob - barrister and mediator
September 29th 2021
Booking terms and conditions
The cost is £400 +VAT including materials and refreshments. Please contact the London School of Mediation via Michelle@londonschoolofmediation.com or on 0207 583 0444 to reserve a place, or book directly on our website www.londonschoolofmediation.com.
|29 Sep 2021||London CIArb||Book Now|
Book now to guarantee your spot.