By watching the videos on this programme you will be prepared for your scheduled in person two hour CMC assessment.
This programme is for Hunt ADR mediator skills training participants trained online only and assumes completion of the five day programme at an earlier date.
Remember to check the resources section in each module to see if there are any important attachments for you to view like model agreements and opening statement check-lists.
Mediator meets each party before joint opening so they can sign the Mediation Agreement / ask questions about the process. Not the formal start of the mediation - until the Mediation Agreement is signed by all present they are not subject to confidentiality / without prejudice or any of the other relevant rules.
Understand that before the joint opening session the mediator meets the parties individually to sign the Mediation Agreement and answer any questions on process.
Mediator introduces parties to the rules surrounding mediation, giving them the chance to introduce their case. Mediator speaks more than at any other time during the day.
See how important it is for role players to know their roles and to be open and deliver enough information for the mediator to work with. Take note of the pace the mediator has set, he does not fluctuate from this during the mediation, always remaining calm and focussed on the parties and their needs.
Building rapport with Alice. Notice how much talking Alice does. Mediator asks questions to get answers from Alice to help her relax into the mediation. Notice how the mediator goes back to asking questions about Alice / Best Travel when she starts talking more about the case and Stelios.
Rapport building (exploration) session to help prepare for assessment.
Mediator spends time building rapport with Stelios. Notice how much talking Stelios does – mediator asks questions to get answers from Stelios and to help him relax into the mediation. Stelios has less experience of mediation and is therefore asking more technical questions than Alice did.
Rapport building (exploration) session to help prepare for assessment.
Mediator lets Alice vent her anger towards Stelios before instilling doubt into Alice’s view of her case and looking to the future if the case settles today at mediation. At the end of the session the mediator gives Alice some ‘homework’ around considering what an offer could look like.
How exploration ends and discussions move on to development of offers.
Mediator asks Stelios to look at barriers to settlement as he instils doubt before raising back up again when looking at the future without dispute. The mediator also starts to work with Stelios on what an offer could look like, with some reality and SMART testing and there is a discussion around whether now is the right time to take that offer.
Demonstrates movement from exploration to bargaining.
Alice is asked for thoughts on how the dispute could settle, working through options, including a challenge on whether an offer made purely to make Stelios feel awkward is really a good faith offer! Becomes clear in this session that Alice is as concerned about the relationship and ensuring that issues like these don’t arise again as she is about money.
Mediator goes over any proposed offers carefully to make sure he has them right, giving Alice the opportunity to correct him.
The pace quickens as mediator works with Stelios on taking an offer to Alice. Mediator delivers an offer to Alice explaining it clearly and we see how Alice then breaks that down to come up with a counter-offer for the mediator to take to Stelios.
Notice how the mediator goes over any proposed offers carefully to make sure he has them right and give Stelios the opportunity to correct him and also for the mediator to question for clarity.
There is nothing wrong with the mediator taking time out to think. Though this is just one session, it can happen multiple times during the mediation and may be important for the mediator to gather their thoughts and think of what is going to happen next.
Mediator should not fear taking time to think, reflect, plan and occasionally, during a tough mediation, rest or refresh (mentally as importantly as physically for most).
Negotiations continue until agreement is reached. See the mediator doesn’t rush to fill gaps when Stelios is thinking, but instead keeps silent so Stelios can consider for himself what he is going to do next. The final scene is typical, parties do not tend to hang around especially if they have a boat to catch!
Mediator records details on the settlement agreement which must be done as there are no solicitors present.
Introduction by Gregory Hunt
Explanation of what will come next. Please see the resources section for additional information including download materials and a link to the original course videos.