www.eventbrite.co.uk/e/260320685177/?discount=Promediate
Please see attached a link to register for an online event on 12th April by Hunt ADR and delivered by Andrew Goodman entitled ‘Evaluative Mediation and Mediation Hybrids – An Introduction’.
Andrew Goodman: the mediation market is becoming more sophisticated and many clients want an evaluative mediator to resolve their dispute.
An Introductory Practical Masterclass for Senior Practitioners and Mediators led by Andrew Goodman
For the most part mediators are selected because of their ability to appraise the parties’ respective positions, whether as lawyers or technical experts or as specialists. However they don’t. Typically, civil-commercial mediators in the UK are trained to work under a self-imposed constraint: mediators here are taught and expected to deliver facilitated mediation in which the mediator is prevented from expressing his or her opinion on the merits of the dispute, even if the parties ask directly for it.
This course is intended to challenge that approach. It looks at when to use and when not to use evaluation; how to do so, to the best advantage of the process, and to enhance the probability of settlement. It considers the benefits and the risks involved, both to the parties and mediator. And it includes a session on the potential market for this kind of service.
The mediation market is becoming more sophisticated. Clients have a much clearer idea of what they want in a mediator. The development of evaluative mediation skills and other hybrids will offer mediators broader opportunities.
Course Content
1. Background Introduction; Evaluative mediation in context; where and how it is used; the place of evaluative mediation in UK alternative dispute resolution; why mainstream mediation in the UK is generally facilitative; overcoming prejudice against its use; recognising the difficulties as well as the benefits
2. Evaluative mediation within the spectrum of mediation models and hybrids
3. When to use evaluative mediation; as commissioned by the parties from appointment as mediator; crossing the line beyond reality testing; where parties ask at the moment of deadlock; in appraising a technical solution; in dealing privately with lawyers or technical experts
4. Evaluation and the process of decision making; the mechanics of fact finding; receiving and weighing evidence; evidential values; impression; adequacy or paucity of materials in interim analysis
5. Discretion – its exercise and restriction
6. Authority and jurisdiction – the power to make decisions
7. Transparency
8. Communicating evaluation on a non-binding basis; Evaluative Report writing; protection from loss of neutrality; dealing with party perceptions post-evaluation
9. Murky waters – Confidentiality and privilege; modification and enforceability of the mediation agreement; extension of professional liability; risk management for evaluative mediators
10. Non-lawyer mediators – a separate and distinct role in evaluation?
11. The market for evaluative mediation
Learning Outcomes
To understand the nature, use and benefits of mediator evaluation in commercial mediation
To enhance existing mediator skills by developing new practical tools
To access cutting edge ideas in the development of mediation practice
To identify and meet new market needs
To obtain and promote a new marketable selling proposition
Who Should Attend
Senior practitioners, experts, qualified mediators
This is intended to be a high level course.